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AGREEMENT INFORMATION AGREEMENT NUMBER 25315 NAME/TYPE OF AGREEMENT UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC. DESCRIPTION AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT/CUSTODIAL SERVICES FOR CITY HALL/FILE ID: 6569/R-19-0487/MATTER I D : 24-2451 EFFECTIVE DATE October 1, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/13/2024 DATE RECEIVED FROM ISSUING DEPT. 12/16/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC D/B/A UNITED COMMUNITY OPTIONS OF MIAMI, INC. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ■❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): to execute Amendment No 2 to the PSA with United Community Options of Miami for custodial services at City Hall. COMMISSION APPROVAL DATE: 11/21/2019 FILE ID: 6569 ENACTMENT NO.: 19-0487 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER November 8, 2024 / Annie Perez, CPPO 8:55:43 EST ,,,,� SIGNATURE: L Y RISK MANAGEMENT November 13, Ann -Marie Sharpe 2024 I 10:44,:--22"sEST: SIGNATURE: 1c,n at,h CITY ATTORNEY 24-2451 December 12 , 0 gXY:S4nNymatter sue_ r6'e,orv�, Risowd Ill ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER December 12 , 2024 Larry Spring, CPA I 11: 01: 40.0,E, Tby: SIGNATURE: Sr'"'„,,) ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: DEPUTY CITY MANAGER December 12, 2024atasT1.C10�e�r70�1CS-�NilliamS �DocuSignetl by: SIGNATURE: Naia, cor _tu:.re:..z CITY MANAGER December 13, 2024rthu��l,0 pA �6nwaosisDennie_ R1VEST ,—Docu.9,mc by: SIGNATURE: Q.vflukr Norma ,-850CF6C372DD42n... CITY CLERK December 13, 2024d1 14 SIGNATURE: D 5iCC 45:33 6v,Y: ::: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Tahlia Gray Contact Person Procurement Analyst Title 11 /7/2024 Date: Procurement Requesting Client (305) 416-1912 Telephone Legal Service Requested: Matter No. 24-2451: To execute Amendment No 2 to the PSA with United Community Options of Miami for custodial services at City Hall. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: Issue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 CITY OF MIAMI AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC D/B/A UNITED COMMUNITY OPTIONS OF MIAMI, INC. FOR CUSTODIAL SERVICES FOR CITY HALL This Amendment No. 2 ("Amendment No. 2") to the Professional Services Agreement ("Agreement") dated June 25 , 2020 ("Agreement"), between the City of Miami, a municipal corporation of the State of Florida ("City"), and United Cerebral Palsy Association of Miami d/b/a United Community Options of Miami, a Florida not for profit corporation ("UCO" or "Contractor") whose principal address is 1411 NW 14th Avenue, Miami, Florida 33125, is entered into this 1st day of october , 2024 (the "Effective Date"). The Agreement is hereby amended as follows: RECITALS WHEREAS, pursuant to Resolution No. 19-0487, adopted by the City Commission on November 21, 2019, the City of Miami ("City") and the Contractor entered into a contract to provide custodial services at City Hall for the City's General Services Administration Department ("GSA") in the manner provided by such Resolution, by Bid Waiver No. 19-20-005, and by the negotiated Contract with the Contractor which is identified as a Professional Services Agreement ("PSA"); and WHEREAS, this Contract has a three (3) year term with two (2) additional one (1) year options to renew, providing for a possible entire term of five (5) years; and WHEREAS, on November 22, 2022, Amendment No. 1 was executed to add Section 30, Equitable Adjustment and increase the labor and material costs to provide the contracted services; and WHEREAS, the State of Florida's minimum wage will increase on September 30, 2024 to $13.00 per hour and hourly wages for all employees of the Contractor must be adjusted; and WHEREAS, pursuant to Resolution No. R-19-0487, adopted by the Miami City Commission on November 21, the City Manager is authorized to execute Amendment No. 2 to the PSA, in a form acceptable to the City Manager and the City Attorney, providing for the increased material and hourly rates to employees of the Contractor; NOW THEREFORE, for the considerations hereinafter as set forth, the parties agree to as follows: 1. The recitals set forth above are incorporated by reference as if set forth in full herein. 1 2. Attached hereto as Exhibit "A", Revised Service Rates and incorporated herein for all purposes are the prices for providing the custodial services based on Section 30, Equitable Adjustment. The rates therein are effective October 1, 2024. 3. Counterparts; Electronic Signatures. This Amendment may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Amendment upon request. All other terms, covenants and conditions of the original Agreement issued thereto shall remain in full force and effect, except to the extent herein expressly amended by Amendment No. 2 to Bid Waiver #19-20-005. 2 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. ATTEST: By: Name: Title: Chief Financial Officer ATTEST: By: [flY___ Todd B. Hanno City Clerk Signed by: "UCO" or "Contractor" United Cerebral Palsy Association of Miami, Inc., a Florida not .r profit ccoo �.r.'' : Tamika Lewis Title: Chief Operating Officer "City" CITY OF MIAMI, a Florida municipal corporation By: DocuSigned by: Arthur Noriega V City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: ��yDwS� CDocuSiiUionned by:If1 / �� A I tit_ rtYFE84 isovu) ui Jeorge Wysong III 24-2451 City Attorney REQUIREMENTS: By: [DocuSigned by: 1c vvi u,U-t,cia Anne Marie Sharpe, Director Risk Management 3 Exhibit "A" Revised Service Rates united community options OF MIAMI September 10, 2024 City of Miami 444 SW 2nd Avenue 10th Floor Miami, FL 33130 Re: Supplier # 29980 Dear Director/Chief Procurement Officer Perez, 1411 NW 14th Avenue Miami, FL 33125 P: 305-325-1080 F: 305-325-1044 www.unitedcommunityoptionssfl.org United Community Options of Miami (UCO) is pleased to have provided housekeeping services for Miami City Hall for over 20 years. City Hall hosts seven commission meetings per year, eighty plus board meetings, tours as well as special events such as the annual Tree Lighting and Holiday Festival. Our workers take pride in ensuring that Miami's City Hall is the shining gem of the Magic City. Effective September 30, 2024, the minimum wage in Florida increases to $13.00 an hour. As a result of this increase, UCO is requesting the attached rate adjustment to cover the increase in labor costs and cleaning supply costs. Your time and consideration in this matter is greatly appreciated. Best regards, Pawti MLLer Pam Miller, Associate Director apd W E SEE ABILITY• THE CHILDREN'S TRUST agency for persons with disabilities State of Pfnrida 4 United Community Options of Miami Re: Supplier # 29980 Proposed Increase 2024 Labor/Supervision Custodial Job Coach Supervisor: Old $17.50 hr. with benefits $42,224.00 new rate $19.00 hr. with benefits $45,843.20 ($39520.00 + 16%) Custodial Job Coach: Old $16.00 hr. with benefits $ 39,104.00 new rate $17.00 hr. with benefits $41,017.60 ($35360.00 + 16%) Disable workers: Old $12.00 x 250 days = $36,000.00 new rate $14.00 x250 days = $42,000.00 Supplies Cleaning Supplies and Paper Products: $16,500.00 Sub Total: $145,360.80 7% Administrative Cost: $ 10,175.26 Total: Old $ 135,812.96 New $155,535.06 5 10/9/24, 7:36 AM Detail by Entity Name DIVISION OF CORPORATIONS ip 5 rr1 f 4;.;.01"g J r 1' ID i\f �.� ur► uJjlriu! 3dure £f Fls+r/slu webs'is Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC. Filing Information Document Number 705461 FEI/EIN Number 59-0637822 Date Filed 10/09/1959 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 06/25/2014 Event Effective Date 07/01/2014 Principal Address 1411 NW 14 Avenue Miami, FL 33125 Changed: 01/14/2015 Mailing Address 2700 WEST 81 STREET HIALEAH, FL 33016 Changed: 01/16/2008 Registered Agent Name & Address ROY R. LUSTIG, ESQ. 20900 NE 30th Avenue One Aventura Suite 600 Aventura, FL 33180 Name Changed: 02/12/2016 Address Changed: 01/22/2024 Officer/Director Detail Name & Address Title President, CEO https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=UNITEDC... 1/3 10/9/24, 7:36 AM GLUCK, LINDA 2700 WEST 81 STREET HIALEAH, FL 33016 Title CFO, Treasurer, Secretary Rodriguez, Betty 2700 WEST 81 STREET HIALEAH, FL 33016 Title COO Lewis, Tamika 2700 WEST 81 STREET HIALEAH, FL 33016 Annual Reports Report Year Filed Date 2022 03/18/2022 2023 01/17/2023 2024 01/22/2024 Document Images 01 /22/2024 -- ANNUAL REPORT 01 /17/2023 -- ANNUAL REPORT 03/18/2022 -- ANNUAL REPORT 06/01/2021--AMENDEDANNUALREPORT 03/11/2021 --ANNUAL REPORT 01 /09/2020 -- ANNUAL REPORT 01 /04/2019 -- ANNUAL REPORT 01 /05/2018 -- ANNUAL REPORT 01 /05/2017 -- ANNUAL REPORT 02/12/2016 -- ANNUAL REPORT 01 /14/2015 -- ANNUAL REPORT 06/25/2014 -- Merger 01 /14/2014 -- ANNUAL REPORT 01 /14/2013 -- ANNUAL REPORT 09/28/2012 -- Restated Articles 01/13/2012 --ANNUAL REPORT 01/19/2011 --ANNUAL REPORT 01 /06/2010 -- ANNUAL REPORT 12/17/2009 -- Amendment 10/21 /2009 -- ANNUAL REPORT 02/10/2009 -- ANNUAL REPORT 01 /16/2008 -- ANNUAL REPORT 01 /18/2007 -- ANNUAL REPORT 01 /05/2006 -- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=U N ITEDC... 2/3 10/9/24, 7:36 AM 02/22/2005 -- ANNUAL REPORT 01 /26/2004 -- ANNUAL REPORT 02/17/2003 -- ANNUAL REPORT 04/23/2002 -- ANNUAL REPORT 03/15/2001 -- ANNUAL REPORT 03/08/2000 -- ANNUAL REPORT 03/01 /1999 -- ANNUAL REPORT 02/06/1998 -- ANNUAL REPORT 01 /27/1997 -- ANNUAL REPORT 01 /31 /1996 -- ANNUAL REPORT 05/01 /1995 -- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=U N ITEDC... 3/3 10/9/24, 7:36 AM sunbiz.org - Florida Department of State DIVISION OF CORPORATIONS Previous on List Next on List Return to List Filing History CoAof L)Iv I t/r/ Ojfirild Stareof Floffr r wetuil ' Fictitious Name Search Submit Fictitious Name Detail Fictitious Name UNITED COMMUNITY OPTIONS OF MIAMI Filing Information Registration Number G16000054212 Status ACTIVE Filed Date 06/01/2016 Expiration Date 12/31/2027 Current Owners 1 County MIAMI-DADE Total Pages 2 Events Filed 1 FEI/EIN Number NONE Mailing Address 2700 W. 81 STREET HIALEAH, FL 33016 Owner Information UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC. 1411 NW 14 AVENUE MIAMI, FL 33125 FEI/EIN Number: 59-0637822 Document Number: 705461 Document Images 06/01/2016 -- Fictitious Name Filing 03/23/2022 -- Fictitious Name Renewal Filing View image in PDF format View image in PDF format Previous on List Next on List Return to List Filing History Florida Department of State, Division of Corporations Fictitious Name Search Submit https://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G16000054212&rdocnum=G16000048827 1/1 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit -I . 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: United Cerebral Palsy Association of Miami, Inc. Name: Tamika Lewis, Ph.D. Signature of Officer: Office Address: st Street, Hialeah, FL 33016 Email Address: Tamika@uco-ucpsfl.org FEIN No.SA -o/ /1 / / i2 STATE OF FLORIDA COUNTY OF MIAMI-DADE cer Title: Chief Operating Officer Main Phone Number: 305-325-1080 The foregoing instrument was sworn to and subscribed before me by means of physical presence or O online notarization, this 111 day of QcP-I", byy QYU'1 f I'A Let/aS the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced 'W(A6 ��fGd er fication. (NOTARY PUBLIC SEAL) My Commission Expires: 0 l �Z//7-0Z co Signatui fa Person Taking Oatly rf � (Printed. Typed, or Stamped Name of Notary Public) STEPIiANIE VELEZ I % Notary Public - State of Florida I Commission t Nil290929 I ` 14o.n. My Comm. Expires Jul 21, 2026 P Banded through National Notary Assn. 0 EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Eitg of t�XxL�C CONTRACT AWARD Procurement Department AMENDMENT NO. 1 BID WAIVER: 19-20-005(25) DESCRIPTION: CUSTODIAL SERVICES AT MIAMI CITY HALL TERM OF CONTRACT: THREE (3) YEARS, WITH OPTION TO RENEW FOR TWO (2) ADDITIONAL CONTRACT PERIOD: COMMODITY CODE: ONE (1) YEAR PERIODS JULY 3, 2020 THROUGH JULY 2, 2023 910 SECTION #1 — VENDOR AWARD United Options of Miami 3117 SW 13th Court Ft. Lauderdale, FL 33312 Contact: Pam Miller Ft. Lauderdale office: (954) 584-7178 ext. 61301 Miami office: (305) 325-1080 ext. 71301 Palm Beach office: (561) 357-7779 ext. 91301 Email: pammiller©uco-ucpsfl.orq SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: NOVEMBER 21, 2019 RESOLUTION NO: 19-0487 TOTAL CONTRACT AMOUNT: N/A AMENDED AMOUNT: N/A INSURANCE REQUIREMENTS: YES PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: Amendment No.1 hereby implements the addition of Section 30, Equitable Adjustment to the PSA, and provides as follows: 30. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply or labor is affected by extreme or unforeseen volatility in the marketplace, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply or labor is substantial, and (4) the volatility so affects the Contractor that continued performance of the contract would result in a substantial loss. The Contractor must supply documentation to justify any requested percentage increase in cost to the City of Miami or increases may be denied. The City may revise the marketplace volatility conditions in the six (6) months after the first adjustment to determine when new equitable adjustment will be allowed. SECTION #3 - REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT GSA Contract Administrator: Jennifer Ramirez Phone: (305) 329-4853 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Tahlia Gray Phone: (305) 416-1912 Prepared By: Aimee Gandarilla, 11/22/2022 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 DocuSign Envelope ID: 96C18F3F-FC65-409A-9F33-7FE2B9FC6E62 CITY OF MIAMI AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND UNITED COMMUNITY OPTIONS OF SOUTH FLORIDA, INC. FOR CUSTODIAL SERVICES FOR CITY HALL This Amendment No. 1 ("Amendment No. 1") to the Professional Services Agreement ("Agreement") dated November 22 , 2022 ("Agreement"), between the City of Miami, a municipal corporation of the State of Florida ("City"), and United Community Options of South Florida, Inc., a Florida not for profit corporation United Cerebral Palsy Association of Miami d/b/a United Options of Miami ("UCO" or "Contractor") whose principal address is 1411 NW 14th Avenue, Miami, Florida 33125, is entered into this 22nd day of November 2022 (the "Effective Date"). The Agreement is hereby amended as follows: RECITALS WHEREAS, pursuant to Resolution No. 19-0487, adopted by the City Commission on November 21, 2019, the City of Miami ("City") and the Contractor entered into a contract to provide custodial services at City Hall for the City's General Services Administration Department ("GSA") in the manner provided by such Resolution, by Bid Waiver No. 19-20-005, and by the negotiated Contract with the Contractor which is identified as a Professional Services Agreement ("PSA"); and WHEREAS, this Contract has a three (3) year term with two (2) additional one (1) year options to renew, providing for a possible entire term of five (5) years; and WHEREAS, the City recognizes the hardship and financial strain of the current market since the pandemic began and intends to increase the hourly and material rates for services by UCO; and WHEREAS, pursuant to Resolution No. R-19-0487, adopted by the Miami City Commission on November 21, the City Manager is authorized to execute the First Amendment to the PSA, in a form acceptable to the City Manager and the City Attorney, providing for the increased hourly rate to employees of the Contractor; NOW THEREFORE, for the considerations hereinafter as set forth, the parties agree to as follows: 1. The recitals set forth above are incorporated by reference as if set forth in full herein. 2. This Amendment No .1 hereby implements the addition of Section 30, Equitable Adjustment to the PSA, and provides as follows: Page 1 of 4 DocuSign Envelope ID: 96C18F3F-FC65-409A-9F33-7FE2B9FC6E62 30. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply or labor is affected by extreme or unforeseen volatility in the marketplace, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply or labor is substantial, and (4) the volatility so affects the Contractor that continued performance of the contract would result in a substantial loss. The Contractor must supply documentation to justify any requested percentage increase in cost to the City of Miami or increases may be denied. The City may revise the marketplace volatility conditions in the six (6) months after the first adjustment to determine when new equitable adjustment will be allowed. 3. Attached hereto as Exhibit "A", Revised Service Rates and incorporated herein for all purposes are the prices for providing the custodial services based on the newly implemented Equitable Adjustment contract clause. 4. Counterparts; Electronic Signatures. This Amendment may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Amendment upon request. All other terms, covenants and conditions of the original Agreement issued thereto shall remain in full force and effect, except to the extent herein expressly amended by Amendment No. 1 to Bid Waiver #19-20-005. Page 2 of 4 DocuSign Envelope ID: 96C18F3F-FC65-409A-9F33-7FE2B9FC6E62 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. ATTES By: Name: Title: ATTEST: By: DocuSigned by: ocr B. Hannon City Clerk DocuSigned by: "UCO" or "Contractor" United Community Options of South Florida, Inc., a Florida not for profit corporation By: Tamika Lewis Ph.D. Name: Title: Chief Operating Officer "City" CITY OF MIAMI, a Florida municipal corporation DocuSigned by: Qv u, Nbvitia Arthur Noriega V City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: DS By: [�/DocuSigned by: //4°--� �v F-tE g%crare Victoria Mendez (Matter 22-2363) City Attorney REQUIREMENTS: By: LD c Signed by: fraan.l` Gow4c� `� /JySl,bAra—tie 1nnSharpe, Director Risk Management Page 3 of 4 DocuSign Envelope ID: 96C18F3F-FC65-409A-9F33-7FE2B9FC6E62 CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, United Community Options of South Florida, a Florida Not -for -Profit corporation, desires to enter into an Agreement with the City of Miami for the purpose of performing the Services described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the Chief Operating Officer, Tamika Lewis, Ph.D., is hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 9th day of November, 2022. United Cerebral Palsy Association of Miami A Florida Not -For -Profit Corporation By: Print Name: TITLE: uetet &7arcI (NOTARIZE BELOW) Print Name: fr- L4Iry - C F!� ha ✓► ko_ jthi •1r STEPHANIE VELEZ :° •`� Notary Public - State of Florida ,A 4 Commission # HH 290929 1 '-''..torn.'? - My Comm. Expires Jul 21, 2026 F .. Bonded through National Notary Assn. 4.--dor — 4#108*. — —NI. — — — 4 (sign) (sign) DocuSign Envelope ID: 96C18F3F-FC65-409A-9F33-7FE2B9FC6E62 11 United Community Options• ing the One 14rrtnn e,a Tome Amlk„edvlth United (:eeeMlPol,since 19/' September 8, 2022 City of Miami (City Hall) 444 SW 2nd Avenue 10th Floor Miami, FL 33130 Re: Supplier # 29980 Dear Annie Perez, Exhibit "A" Revised Service Rates United Community Options of Miami is proud of our long-term working relationship with the City of Miami. Our janitorial crew has provided janitorial services to the staff at City Hall for many years. Our workers have developed lasting relationships with the staff and feel at home when they are at work. The kindness and thoughtfulness of the City's staff are remarkable. Our last Bid Waiver contract was negotiated in October of 2019. Due to rising costs of labor and supplies, we are formally requesting an increase to cover these expenses. Labor/Supervision Custodial Job Coach Lead: Old $14.00 hr. w/benefits $34,944.00; New $17.50 hr. w/benefits $41,860.00 Custodial Job Coach: Old $13.83 hr. with benefits $34,519.68; New $16.00 hr. with benefits $ 38,272.00 Disable workers: Old $10.00 x 250 days = $15,000; New $12.00 x 250 days = $ 36,000.00 Two workers AM shift x 3 hrs. per day x $12.00 per hr. x 250 = $18,000.00 Two workers PM shift x 3 hrs. per clay x $12.00 per hr. x 250 = $18,000.00 Supplies Cleaning Supplies and Paper Products: Old $6000.00; New including Fuel Surcharge $ 9,600.00 Sub Total: Old $105,463.68; New $ 125,732.00 7% Administrative Cost: $ 8,801.24 Total: Old $110,736.87; New $ 134,533.24 Best regards,�rd �am ,7f/ W1fer Pam Miller, MBA Associate Director of Education and Employment Initiatives (Supported Employment and Transitional Learning Academy (Miami and Palm Beach) United Community Options of Miami and United Community Options of Broward, Palm Beach and Mid - Coast Counties (affiliated with United Cerebral Palsy) PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And Contractor This Professional Services Agreement ("Agreement") is entered into this day of 2020 by and between the City of Miami, a Florida municipal corporation, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and the United Community Options of South Florida, Inc., a Florida not for profit corporation d/b/a United Options of Miami, whose principal address is 1411 NW 14th Avenue, Miami, Florida 33125 ("UCO" or "Contractor"). RECITALS: WHEREAS, on October 1, 2014, the City entered into an agreement with the Contractor for the provision of custodial services at City Hall ("Services") for the City's General Services Administration Department, pursuant to Section 18-85 of the Procurement Code of the City, as amended, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the Services; and WHEREAS, the City Commission is desirous of supporting a social cause to provide opportunities to individuals with disabilities so that they may grow physically, mentally, emotionally and socially to their fullest potential. WHEREAS, Contractor possesses all the necessary qualifications and expertise to perform the Services; and WHEREAS, the City wishes to engage for the Services of the Contractor, and Contractor wishes to perform the Services for the City. WHEREAS, the City Commission, by Resolution No. 19-0487 adopted on November 21, 2019, approved the selection of Contractor and authorized the City Manager to execute a contract; under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained herein, Contractor and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The Scope of Work is hereby incorporated into and made a part of this Agreement and attached as Exhibit "A". The Contractor's proposal and price structure dated June 19, 2019, is hereby incorporated into and made a part of this Agreement as attached Exhibit "B". The City's insurance requirements, as well as the Contractor's certificate of insurance are hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) this Agreement and (2) the Contractor's proposal and pricing structure, dated June 19, 2019 acknowledging the scope of services and pricing component of the Services. 2. TERM: The Agreement shall become effective on the date reflected on the first page of this Agreement, and shall be for an initial term of three (3) years with an option to renew for two (2) additional one (1) year periods. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 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 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 Proposer are in mutual agreement of such extensions. 3. SCOPE OF SERVICES: A. Contractor agrees to provide the Services as specifically described, and set forth in Exhibit "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Contractor represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including, but not limited to, full qualification to do business in Florida, and meet all requirements of section 468.385, et seq., Florida Statutes; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each and the Contractor shall possess the licenses, registrations, and certifications required by law to perform such tasks; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Contractor shall be duly authorized to so execute the same and fully bind Contractor as a Party to this Agreement. C. Contractor shall always provide fully qualified, competent, and physically capable employees to perform the Services under this Agreement. Contractor shall possess and maintain any required licenses, permits and certifications to perform the Services under this Agreement. City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, intoxicated or asleep on the job, or otherwise objectionable and whose continued services under this Agreement are not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable by the City to the Contractor shall be based on the pricing quoted in Exhibit "B" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Contractor agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Contractor and not paid directly by the City, and (ii) any and all liabilities regarding payment to, or use of, subcontractors for any of the Services related to this Agreement shall be borne solely by the Contractor. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report, data or other digital record, or any other material whatsoever which is given by the City to the Contractor, its employees, or any subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall always remain the property of the City. Contractor agrees not to use any such information, document, report, data, or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Contractor determines copies of such records are necessary after the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable laws be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Contractor agrees to provide access, 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 Agreement, for the purpose of audits, examinations, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain all such books, documents, papers, and records at its principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which Sections apply to this Agreement, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: 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 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 award of this Agreement. 8. PUBLIC RECORDS: A. Contractor 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. Contractor'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. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, if the Contractor does not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the Service, and, if the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements; and, (5) if the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records, with all records stored electronically and provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Contractor determine to dispute any public access provision required by Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a�MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to Americans with Disabilities Act ("ADA"), municipal volunteers, public records, conflicts of interest, record keeping, etc. City and Contractor 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. Contractor further agrees to include in all of Contractor'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. Local laws in accordance with this Section shall mean the applicable laws of the City and Miami -Dade County. 10. INDEMNIFICATION: Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnified, save and hold harmless from, and defend (at its own cost), the City 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 City, its officials, or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the 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 the Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed or utilized by the Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida. Contractor shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. 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 or Services 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 Contract. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 11. DEFAULT: If Contractor fails to comply with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Contractor shall be in default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation(s) accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. If the City fails to comply with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from Contractor, the City shall be in default, which shall be treated as a termination pursuant to Section 13. 12. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved, as applicable, by the City Commission, whose decision shall be final. Contractor shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received the City Manager's written decision, approved or disapproved, as applicable, by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars ($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (one hundred twenty (120) days if the City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by a written instrument clearly waiving compliance, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. The adherence to this Section is the condition precedent to the institution of any civil action by the Contractor against the City. 13. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without cause or penalty, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. The Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, special, consequential, or incidental damages. 14. INSURANCE: A. Contractor shall, always during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "C" and incorporated herein by this reference. The City contract number and title of the contract must appear on each certificate of insurance. The Contractor shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Contractor shall correct any insurance certificates as requested by the City's Risk Management Director. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Director on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. If, in the judgment of the City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. C. Contractor understands and agrees that all liabilities regarding the use of any of Contractor's employees or any of Contractor's subcontractors for Services related to this Agreement shall be borne solely by Contractor throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Contractor further understands and agrees that insurance for each employee of Contractor and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Director throughout the duration of this Agreement. D. Contractor shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Contractor shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Director as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Director; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Contractor in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Contractor of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: Contractor represents to the City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status, or national origin. Contractor further covenants that no otherwise qualified individual shall, solely due to his/her race, color, sex, religion, age, handicap, marital status, or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 16. ASSIGNMENT: The Contractor's services are considered specialized and unique. This Agreement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in part, and Contractor shall not assign or otherwise subcontract any part of its operations performing these services under this Agreement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO THE CONTRACTOR: TO THE CITY: Linda Gluck CEO & CFO 1411 NW 14" Avenue Miami, FL 33125 18. MISCELLANEOUS PROVISIONS: A. Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 Ricardo Falero Director, General Services Administration Department 1390 NW 20th St, 2nd Floor Miami, FL 33142 Annie Perez, CPPO Procurement Director 444 SW 2' Avenue, 6th Floor Miami, FL 33130 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the Parties shall be in Miami -Dade County, Florida. Each Party shall bear its own attorney's fees. Each Party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably, knowingly and voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of this Agreement. B. 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. C. Should any provision, paragraph, sentence, word 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 State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the 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 or limitation of its use. D. Contractor shall comply with all applicable laws, rules, and regulations in the performance of this Agreement, including, but not limited to, licensure, and certifications required by law for professional service Contractors. E. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the Parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the Parties hereto, their heirs, executors, legal representatives, successors, or assigns, if any. 20. INDEPENDENT CONTRACTORS: Contractor has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services under this Agreement shall attain, nor be entitled to, any rights, emoluments, or benefits under the Civil Service or Pension Ordinances of the City, nor any rights afforded classified or unclassified employees of the City. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, its employees, or any subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Contractor rendering Services to the City under this Agreement. Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 21. 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, failure to allocate or appropriate funds, and/or change in program directions, applicable laws or regulations, upon thirty (30) days written notice. 22. FORCE MAJEURE: A "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 not within the control of the Contractor. In the event that either Party is delayed in the performance of any act or obligation pursuant to or required by the Agreement because of a Force Majeure Event as herein defined, 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 Force Majeure Event actually delayed such Party. The Party seeking delay in performance shall give notice to the other Party in writing, within two (2) days of the Force Majeure Event, 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 seeking 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. 23. CITY NOT LIABLE FOR DELAYS: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor 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. The sole remedy which may be granted to the Contractor, in the reasonable discretion of the City Manager, following a prompt and detailed request to be officially transmitted by the Contractor is an extension of time. No other recourse or remedy will be available to the Contractor against the City. 24. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Contractor 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 Contractor 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. 25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor entity, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Contractor and the City (and their successors and assigns) shall have any rights as an express or implied third -party beneficiary whatsoever under this Agreement. 27. SURVIVAL: All obligations (including, but not limited to, indemnity and obligations to defend, save 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. 28. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 29. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and final Agreement of the Parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. COUNTERPARTS;ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, the day and year above written. "Contractor" ATTEST: Print Names Y Q ISO (eh Title: f litt1Vn34 kor (Corporate Seal) ATTEST: Todd B. Ha Jerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Digitally signed by Min, Barnaby Date: 2020.06.17 20:01:06 -04'00' Victoria Mendez City Attorney Eck n 2_°► By: United Community Options of South Florida, Inc., a Florida not for profit corporation d/b/a United Options of Miami Title:_Ce.) O (Authorized Corporate Officer) "City" CITY OF MIAMI, a municipal corporatio APPROVE REQUI "Ann-MariSharpe Risk Ma age ent Director ty Manager CE AGENDA ITEM SUMMARY FORM File ID: #6569 Date: 09/25/2019 Commission Meeting Date: 11/21/2019 Requesting Department: Department of General Services Administration Sponsored By: District Impacted: District 2 Type: Resolution Subject: Bid Waiver - Custodial Services at City Hall Purpose of Item: A resolution of the Miami City Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and approving the City Manager's recommendation and written findings, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") to establish a contract for the provision of custodial services ("Services") at City Hall by United Community Options of South Florida, Inc. d/b/a United Community Options of Miami ("UCO") for the City's General Services Administration Department ("GSA"), for a period of three (3) years with the option to renew for two (2) additional one (1) year periods, allocating funds from account no. 05001.242000.534000.0000.00000 and other funding sources, subject to the availability of funds and budget approval at the time of need; authorizing the City Manager to negotiate and execute an agreement in substantially the attached form, and negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable laws and regulations, as may be necessary for said purpose. Background of Item: In September of 2014, UCO under the name of United Cerebral Palsy of Miami, Inc. was awarded a contract to provide custodial services for City Hall. The mission of UCO is to positively impact the quality of life for people with cerebral palsy and other developmental disabilities and their families, as well as others with similar needs, by providing support and services with aide in the achievement of their goals and desires. UCO works to provide programs and services which meet the special needs of each child and adult, nurturing their talents and abilities in order to help them reach their greatest potential. UCO believes that regardless of the physical and mental challenges they may face, individuals with disabilities are entitled to live in and belong to a community where they are accepted and included with dignity and respect. In continued support of this social cause, this request would constitute the continued assignment of City Hall custodial services to United Community Options of Miami formerly United Cerebral Palsy of Miami, Inc. The annual cost of services will have a value of $77,541.30 ($387,706.50 for the entire term including options to renew). Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $77,541.30 ($387,706.50 in the aggreqate) General Account No.: 05001.242000.534000.0000.00000 Reviewed B Department of General Services Administration Review Completed 10/08/2019 10:33 AM Office of Management and Budget Aniska Elliott Office of Management and Budget Christopher M Rose City Manager's Office Sandra Bridgeman City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Ricardo Falero Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Unsigned by the Mayor Signed and Attested by the City Rendered Clerk Completed Department Head Completed 10/08/2019 11:06 AM Completed 10/08/2019 2:41 PM Completed 10/23/2019 10:32 AM Completed 10/23/2019 11:46 AM Completed 10/28/2019 2:28 PM Completed 11/06/2019 6:21 PM Completed 11/07/2019 11:06 AM Completed 11/07/2019 5:08 PM Completed 11/21/2019 9:00 AM Completed 12/03/2019 5:11 PM 12/03/2019 5:58 PM Completed 12/03/2019 5:59 PM City of Miami Legislation Resolution Enactment Number: R-19-0487 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6569 Final Action Date:11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR THE PROVISION OF CUSTODIAL SERVICES ("SERVICES") AT CITY HALL BY UNITED COMMUNITY OPTIONS OF SOUTH FLORIDA, INC., A FLORIDA NOT FOR PROFIT CORPORATION D/B/A UNITED OPTIONS OF MIAMI, FOR THE CITY'S GENERAL SERVICES ADMINISTRATION DEPARTMENT ("GSA") FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM GSA ACCOUNT NO. 05001.242000.534000.0000.00000 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ALL IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, in September 2014, the City of Miami ("City") awarded a bid waiver contract to United Community Options of South Florida, Inc., a Florida not for profit corporation d/b/a United Options of Miami f/k/a United Cerebral Palsy of Miami, Inc. ("UCO"), for the provision of the custodial services for the City's General Services Administration Department ("GSA") at City Hall ("Services"); and WHEREAS, the mission of the UCO is to positively impact the quality of life for people with developmental disabilities and such other similar needs, via the provision of employment opportunities such as the provision of said Services; and WHEREAS, the City has a continued need for the provision of said Services and wishes to continue its support of the UCO mission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written findings that the requirements for competitive sealed bidding methods are not practicable or advantageous to the City and waiving said requirements pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), are ratified, confirmed, and approved. Section 3. Funds are allocated from GSA Account No. 05001.242000.534000.0000.00000 and such other funding sources, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute an agreement, in a form acceptable to the City Attorney, with UCO for the provision of said Services for an initial period of three (3) years, with the option to renew for two (2) additional one (1) year periods. Section 5. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, in compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and all in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez,City ttor ey 11/7/2019 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. UCOSOFL-01 CPIGGEE ACORO k....----- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 11/12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christine Piggee Non -Profit Insurance Services, Inc. PHONE 321 418-6148 FAX 407 936-2482 20 N. Orange Ave., (Alc, No, Ext): ( ) (A/C, No): ( ) Suite 500 E-MAILchristine.piggee@npis.com Orlando, FL 32801 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Florida Insurance Trust 27272 INSURED INSURER B : United Cerebral Palsy Association of Miami, Inc. INSURER C : dba United Community Options of Miami INSURER D : 2700 West 81st Street Hialeah, FL 33016 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE 0IB EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID IMS. MED ABOVE FOR THE POLICY PERIOD UMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, INSR LTR ADDL SUBR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) MDYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X FITGL-33661-2024 6/1/203 /1/2025 DAMAGE TO PREMISES (EaRENTED occurrence) 1,000,000 $ one MED EXP (Any one person) 10,000 $ PERSONAL & INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT PRO LOC OTHER: r_O k//1/DV GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 3,000,000 $ 3,000,000 $ 57,650,836 A AUTOMOBILE LIABILITY Nor,COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ X ANY AUTO X FITAU-33661-2D 4� 6/1/2024 6/1/2025 BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY DAMAGE (Per accident) $ $ UMBRELLA EXCESS DED LIAB LIAB RETENT OCCUR CLAIMS -MADE ON $ OPROPERTY ` ^V EACH OCCURRENCE AGGREGATE $ $ $ A WORKERS COMPENSATION \ AND EMPLOYERS' LIABILITY ' PER OOTH ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N ^FITWC-33661-2024 6/1/2024 6/1/2025 E.L. EACH ACCIDENT 2,000,000 $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE 2,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A A Professional Abuse/Misconduct FITGL-33661-2024 FITGL-33661-2024 6/1/2024 6/1/2025 Aggregate 6/1/2024 6/1/2025 Aggregate 3,000,000 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City Of Miami is listed as Additional Insured with respect to claims arising out of the operations of the Named Insured. Coverage is on a primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION CityOf Miami 444 Southwest 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: Gomez Jr.. Francisco (Frank) To: Gandarilla, Aimee' Quevedo, Terry Subject: RE: PSA Amendment No 2 custodial services at City Hall Date: Wednesday, November 13, 2024 7:08:07 AM Attachments: imaae003.ona imaae004.ona Good morning Aimee, Perfect, thanks! Best regards, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305)416-176o Fax fgomez@miamigoy.com ‘,..(<//1;\ "Serving, Enhancing, and Transforming our Community" From: Gandarilla, Aimee <AGandarillaO , Igov.com> Sent: Tuesday, November 12, 2024 To: Gomez Jr., Francisco (Frank ez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: Fw: PSA AmendmeryY7y. ' custodial services at City Hall Hi Frank P Please advise. Thank you, Qintex ganda'uPia Procurement Assistant City of Miami Procurement Department 444 SW 21-1Avenue. 6th floor Miami. FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Commun From: Pam Miller <PamMiller(0uco-ucpsfl.org> Sent: Tuesday, November 12, 2024 3:41:47 PM To: Gandarilla, Aimee <AGandarilla(0miamigov.com> Subject: RE: PSA Amendment No 2 custodial services at City Hall CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Aimee, please see attached. Pam From: Gandarilla, Aimee [mailto:AGandarilla@miamigov.com] Sent: Tuesday, November 12, 2024 3:23 PM To: Pam Miller <PamMiller@uco-ucpsfl.org> Subject: Re: PSA Amendment No 2 custodial services at City Hall Thank you. Thank you, Qinwe Ganda i G Procurement Assistant City of Miami Procurement Department 444 SW 2rd Avenue. 6th floor Miami. FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Commun From: Pam Miller <PamMiller@uco-ucpsfl.org> Sent: Tuesday, November 12, 2024 3:05:48 PM To: Gandarilla, Aimee <AGandarilla@miamigov.com> Subject: RE: PSA Amendment No 2 custodial services at City Hall CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I have made the request. I'll forward to you as soon as it is issued. a� From: Gandarilla, Aimee [mailto:AGandarilla@miamigov.com] Sent: Tuesday, November 12, 2024 3:00 PM To: Pam Miller <PamMiller@uco-ucpsfl.org> ii Subject: Re: PSA Amendment No 2 custodial services a Hall Pam, The agreement and insurance should all the same name. O\� 4(n - Thank you, Gin Pree ccuu sa i rement istant City of Miami Procureme artment 444 SW 2`.1 Avenue, 6th floor. Miami, FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Commun From: Pam Miller <PamMiller@uco-ucpsfl.org> Sent: Tuesday, November 12, 2024 2:53:43 PM To: Gandarilla, Aimee <AGandarilla@miamigov.com> Subject: RE: PSA Amendment No 2 custodial services at City Hall CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, the signature page reads United Cerebral Palsy Association of Miami, Inc. Is this correct for the COI? ENT INTI_VESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. Title: Chief Financial Officer From: Gandarilla, Aimee [mailto:AGandarilla@miamigov.com] Sent: Tuesday, November 12, 2024 2:50 PM To: Pam Miller <PamMiller@uco-ucpsfl.org> Subject: Re: PSA Amendment No 2 custodial services at City Hall The name is to be just like it's in the agreement with the DBA Thank you, aintee candaxa& Procurement Assistant City of Miami Procurement Department 444 SW 21-1 Avenue. 6th floor Miami. FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.c https://www.miami.gov/My-Government/Departments/P o ure ent "Serving, Enhancing, and Transforming our Commun n� "UCO" or "Contractor" United Cerebral Palsy Association of Miami, Inc., a Florida not profit c e: Tamika Lewis Title: Chief Operating Officer From: Pam Miller <PamMiller( uco-ucpsfl.or Sent: Tuesday, November 12, 2024 2:43 P To: Gandarilla, Aimee <AGandarilla@mi ov.com> Subject: RE: PSA Amendment No CAUTION: This is an e ' rom an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 5teldial services at City Hall Hi, let me reach out to ourl►isk management department and ask for the COI to be listed as United Cerebral Palsy. Pam From: Gandarilla, Aimee [mailto:AGandarilla@miamigov.com] Sent: Tuesday, November 12, 2024 2:36 PM To: Pam Miller<PamMiller@uco-ucpsfl.org> Subject: Fw: PSA Amendment No 2 custodial services at City Hall Hi Pam , Please see reply from risk. Thank you, Gin2ee ccuulaxiiia Procurement Assistant City of Miami Procurement Department 444 SW 2`.1 Avenue, 6th floor, Miami. FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Commun From: Gomez Jr., Francisco (Frank) <FGomezPmiamigov.com> Sent: Friday, November 8, 2024 9:00 PM To: Gandarilla, Aimee <AGandarilla(5 miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: RE: PSA Amendment No 2 custodial services at City Hall Hello Aimee, Please amend the COI to reflect the corporate entity as named insured. The named insured currently shows the DBA. Please void the Amendment to contract pending insurance revisions. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305)416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: DocuSign NA3 System <dse NA3Pdocusig > _ Sent: Friday, November 8, 2024 8:56 AM � To: Gomez Jr., Francisco (Frank) <FGomez(5 miami(ov.com> Subject: PSA Amendment No 2 custodiiJservices at City Hall CAUTION: This is an ema.ri an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Aimee Gandarilla sent you a document to review and sign. REVIEW DOCUMENTS 1 ® Aimee Gandarilla agandarilla@miamigov.com PSA Amendment No 2 with United Community Options of Miami for custodial services at City Hall. Powered by Do Not Share This Email This email contains a secure link to Docusign. Please do not share this email, link, or access code with others. Alternate Signing Method Visit Docusign.com, click 'Access Documents', and enter the security code: CA4073B3204347ADA0343A66E8502E423 About Docusign Sign documents electronically in just minutes. It's safe, secure, and legally binding. Whether you're in an office, at home, on -the -go -- or even across the globe -- Docusign provides a professional trusted solution for Digital Transaction Management Questions about the Document? If you need to modify the document or have questions about the details in the document, please re the sender by emailing them directly. ^� If you have trouble signing, visit "How to Sign a Document" on our Docusign Suppi Center or browse our Docusign Community for Stop receiving this email Report this email or read more about Declining to sign and Managing notifications. more information. Download the Docusign App This message was sent to you by Aimee Gandarilla who is using the Docusign Elect Service. If you would rather not receive email from this sender you may contact the sender with your request. Olivera, Rosemary From: Gandarilla, Aimee Sent: Monday, December 16, 2024 11:21 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha Subject: Amendment No 2 United Community Options of Miami (matter 24-2451) Attachments: Amendment No 2 United Community Options of Miami (matter 24-2451).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Thank you, Aimee) candcailiai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i