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HomeMy WebLinkAbout25607AGREEMENT INFORMATION AGREEMENT NUMBER 25607 NAME/TYPE OF AGREEMENT CARLOS ROSARIO CLEANING SERVICE CORPORATION DESCRIPTION AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT/JANITORIAL SERVICES RFP NO. 508383/FILE ID: 16-00348/R-16-0145/MATTER I D : 25-701 EFFECTIVE DATE December 1, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/5/2025 DATE RECEIVED FROM ISSUING DEPT. 6/5/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla / Charles Johnson EXT. 1906/1924 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Carlos Rosario Cleaning Services Corp. IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): Amendment No 3 to the PSA for Janitorial Services RFP 508383 with Carlos Rosario Cleaning Services Corp. COMMISSION APPROVAL DATE: 4/14/2016 FILE ID: 16-00348 ENACTMENT NO.: 16-0145 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER May 20, 2025 115:44:44 Annie Perez, CPPO EDT � �o��s,9�ed oy SIGNATURE: —4 '? , SUBMITTED TO RISK MANAGEMENT May 21, 2025 I Ann -Marie Sharpe 06: 45 : 54 EDT o�. 9g SIGNATURE: 1'wv Crr�uu;,de SUBMITTED TO CITY ATTORNEY matter 25-701 May 27 , 2025 I � eorgge K. Wysong III 4 : 2 T:15 EDT o yg eddy SIGNATURE: P-ort . GL1siv III APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER June 2, 2025 Larry S rinppf� CPA 13 : 23 :51 �i3Too��s,9�—, SIGNATURE:1 h Srvik1 APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER June 4, 2025 I Natasha Colebrook -Williams 10:41:40 EDT SIGNATURE: N tl0,4,1 aek_w,c„„„ RECEIVED BY CITY MANAGER June 4,Arthur 2025 I EDL V 13:16:32 EDT—.edor SIGNATURE: av{luAr Novice �AsFo„�a� SUBMITTED TO THE CITY CLERK June 5, 2025 1 iT �g� SIGNATURE: He . _- 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: Charles Johnson Contact Person Sr. Procurement Contracting Manager Title 5/20/2025 Date: Procurement Requesting Client (305) 416-1924 Telephone Legal Service Requested: Matter 25-701: Amendment No 3 to the PSA for Janitorial Services RFP 508383 with Carlos Rosario Cleaning Services Corp. 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: nlssue 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 AGREEMENT/AMENDMENT OVERVIEW AGREEMENT TITLE: Amendment No. 3 to Contract RFP No. 508383, Janitorial Services (Citywide) 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ • City Commission — RESOLUTION No. 16-0145 2. PROCUREMENT METHOD: • RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 3. TYPE OF AGREEMENT: • PROFESSIONAL SERVICES AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT ❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT ❑ CONCESSION AGREEMENT ❑ OTHER (Please explain): 4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING AMENDED ON THE CONTRACT. Amendment No. 3 — Increase in compensation for Rosario Cleaning Services Corp. 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 16-0145 6. WHAT IS THE SCOPE OF SERVICES? Provide general janitorial services within the specified City facilities 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? All 8. IS THE AWARDEE INCUMBENT? Yes Updated 1/29/2025 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A — This is an amendment of the existing contract to increase compensation 10.WHEN DOES THE CURRENT CONTRACT EXPIRE? May 31, 2026 11. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $1,848,513.48 (aggregate among 2 firms) 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? The contract was awarded by group Updated 1/29/2025 City- of Miami, Florida RFP508383 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONTRACTOR This Professional Services Agreement ("Agreement") is entered into this I day of ,1014,, by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and, Carlos Rosario Cleaning Service Corporation a Corporation, qualified to do business in the State of Florida whose principal address is 10420 SW 16th Street, Miami, Florida 33165 hereinafter referred to as the ("Contractor"). RECITALS: WHEREAS, the City of Miami issued a Request for Proposals No. 508383 on, September 25, 2015 (the "RFP" attached hereto, incorporated hereby, and made a part of as Exhibit A) for the provision of Janitorial Service for Group 6, ("Services" as more fully set forth in the scope of work "Scope" attached hereto as Exhibit B) for various City Departments and Contractor's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as the most qualified proposal for the provision of the Services. WHEREAS, the Evaluation/Selection Committee appointed by the City Manager determined that the Proposal submitted by the Contractor was responsive to the RFP requirements and recommended that the City Manager negotiate with the. Contractor; and WHEREAS, the City wishes to engage the Services of Contractor, and Contractor wishes to perform the Services for the City; and WHEREAS, the City and the Contractor desire to enter Into this Agreement under the terms and conditions set forth herein. RFP 508383, Janitorial Services City of Miami, Florida RFP508383 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Contractor and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this .Agreement The City's RFP is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this. Agreement and attached as Exhibit "BY'. The Contractor's Response and Pricing Proposal dated, October 23, 2015, in response to RFP 508383, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Contractor's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFP; (3) RFP; and (4) Contractor's response and price proposal dated October 23, 2015, acknowledging scope of services and pricing component of services and, response to the Request for Proposals. 2. TERM: The Agreement shall become effective on the date on the first page, and shall be for the duration of ten years: Initial term of five (5) years with one (1), five (5) year option to renew. The City shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. RFP 508383, Janitorial Set -vices 2 City of Miami, Florida RFP508383 3. SCOPE OF SERVICES; A. Contractor agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and `B" 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; (11) 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; (ii) 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; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Contractor has been duly authorized to so execute the same and fully bind Contractor as a party to this Agreement. C. Contractor shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is 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 ratesquoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. Br Payment shall be made in arrears based upon work performed to the satisfaction of the City within thirty (30) days after receipt of Contractor's invoice for Services performed, RFP 508383., Janitorial Services 3 City of Miami, Florida RFP508383 which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. - 218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C, 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 Contractor. D. Prices shall remain firm and fixed for the term of the Contract, including any option or extension periods; however, prior to acceptance or execution of each exercised contract term, the City may consider an adjustment to the Contractor's Supplies and Others price based on changes in the following pricing index: the latest Consumer Price Index (CPI), All Urban Consumers, All Items, Miami -Fort Lauderdale, FL area. E. It is the Contractor's responsibility to request the pricing adjustment under this provision. For the adjustment to commence on the first day of any exercised option period, the Contractor's request for the adjustment should be submitted ninety (90) days prior to expiration of the then current contract term. The Contractor adjustment request shall not be in excess of the relevant pricing index change. If no adjustment request is received from the Contractor, the City will assume that the Contractor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. F. The City reserves the right to reject any price adjustments submitted by the Contractor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option RFP 508383, Janitorial Services 4 City of Miami, Florida RFP508383 subsequently exercised, is a City prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly In the best interest of the City. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by the City to 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 at all times remain the property of the City. Contractor agrees not to use any such information, document, report 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 subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law 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 audit, examination, 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 any RFP 508383, Janitorial Services 5 City of Miami, Florida RFP608383 and all such books, documents, papers, and records at its principal place of business 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 tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18-102 of the Code of the City of Miami, Florida 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. P,FP 508383, Janitorial Services 6 City of Miami, Florida RFP508383 B. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. 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 rio cost to the City. 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 public records, conflict 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 RFP 508383, Janitorial Services 7 City of Miami, Florida RFP508383 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. 10. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless the City and its officials and employees, for claims (collectively referred to as "lndemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims., expenses (i.ncluding attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (I) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Contractor or its employees or subcontractors (collectively referred to as "Contractor") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the lndemnitees,. or any of them, or (ii) the failure of the Contractor to comply materially with any of the requirements herein, or the failure of the Contractor to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Contractor expressly agrees to indemnify, defend and hold harmless the lndemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Contractor further agrees to indemnify, defend and hold harmless the Indernnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Contractor's negligent performance under this Agreement, compliance with which is left by thls Agreement to Contractor, and (ii) any and all RFF 508383, Janitorial Services 8 City of Miami, Florida RFP508383 claims, and/or suits for labor and materials furnished by Contractor or utilized in the performance of this Agreement or otherwise. This section shall be interpreted to comply with Sections 725.06 and/or 725,08, Florida Statutes. Contractor's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination/expiration of this Agreement. Contractor understands and agrees that any and all liabilities regarding the use of any •subcontractor for Services related to this Agreement shall be borne solely by Contractor throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 11. DEFAULT: If Contractor fails to comply materially 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 .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. 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 UP 508383, Janitorial Servioos 9 City of Miami, Florida RFP508383 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, consequential or incidental damages. 14. INSURANCE: A. Contractor shall, at all times 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 "D" and incorporated herein by This reference. The City RFP number and title of the RFP 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 Administrator. 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 Administrator on Certificates of Insurance indicating such insurance tobe 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. Contractor understands and agrees that any and 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 RFP'508383, Janitorial Services 11 City of Miami, Florida RFP508383 Individual shall, solely by reason of 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: This Agreement shall not be assigned by Contractor, in whole or in part, and Contractor shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 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 CONTRACTOR: Carlos Rosario Cleaning Service Corp. 10420 SW 16th Street Miami, FL 3316.5 Mr, Carlos Rosario President TO THE CITY: Daniel J. Alfonso City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SVV 2nd Avenue, 6th Floor Miami, FL 33130-1910 RFP 508383, Janitorial Services 13 City of Miami, Florida RFP508383 18. MISCELLANEOUS PROVISIONS; A 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 waive any rights to a jury trial. 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. ID. 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. This Agreement constitutes the sole and entire agreement between the parties hereto. 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. RFP 508383, JanitoriM Services 14 City of Miami, Florida RFP508383 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 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 or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. 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 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, RF1' 508383, Janitorial Sorvioes 15 City of Miami, Florida RFP508383 sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party Is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party 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. 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 RFP 508383, Janitorial Servioes 16 City of Miami', Florida RFP508383 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, 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 whatsoever under this Agreement, 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. yRUTH-IN-NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Contractor hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current, Contractor understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City REP 508383, Janitorial Services 17 City- of Miami, Florida RFP508383 determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs, All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29, COUNTERPARTS: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 30. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to: the subject matter hereof and correctly set 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. REP 508383, Yanitoiial Services 18 City of Miami, Florida RFP508383 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Todd . Hann City Clerk ATTEST: Print Name: .Title: (Corporate Seal) APPROVED AS TO LEGAL FORM ANr CORRECTNESS: ctoria M ndez City Attorney "City" CITY OF MIAMI, a municipal corporation (Authorized Corporate Officer) STOFPLORRIA COUNTY° Sworn to Or affirmod) and subscritod botbro %or 4 , f c A , A It A LI P: • ( VIM, APPROVED A Rzan RE UfREME day or Ann-M Risk rie Sh anage rpe ent Director RFP 508383, Janitorial Services 19 City of Miami, Florida RFP508383 CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, 11sAt► 0 nectiwi , erdaGe-S a (0t;'0\ck. corporation, desires to y enter into -an agreement with the City of Miami for the -purpose of -performing -the work -described -- in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance withthe 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 President and the Secretary are 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,22dayof f et , 2016, ]o/6r;o C(mh,n S�.(v ie) ("Provider") ,o N An PioYi (A" (State) Corporation By: (sign) Print. Name: CI I `ns lo,sot 40 , TITLE: I /Q,ir 'K (sign) Print Name: State of County of e Thi ,instrumppfwas acj yowled• d .•ef on day of , 20 lb by GINA VELASQUEZ Notary Public - State of Florida Commission # FF 239884 1�°� .My Comm. Expires Jun 26, 2019 Banded tM, Notional Notary Ann. RFT 508383, Janitorial Services 20 City of Miami, Florida RFP508383 EXHIBIT A RFP No, 508383 RPI'' 508383, J Utileiial Servlees 21 City of Miami, Florida RFP508383 EXHIBIT B SCOPE OF WORK 1. OVERVIEW The City has contracted for expert -arid professional Janitorial- Servioes for various City facilities within the City boundaries. All facilities are required to be well maintained, attractive and safe for the general public and employees. Facilities are listed under six (6) groups (Groups 1 through 6) andyour firm is being awarded Group 6. Only those City facilities listed in Exhibit 1, Groups and Service Locations shall be provided Janitorial Services under this contract. The facilities are categorized by Department. The City reserves the right, but is not obligated, to add or delete facilities and services during the term of the contract, and any extension or renewal thereof. The City will consider renewing the contract only if the Contractor has met the Acceptable Quality Levels (AQL's) as described in Section 7 Quality Control -Inspection and Acceptance, 2. PERFORMANCE STANDARDS Services performed under this Contract shall be subject to inspection and approval by the City Project Manager. This section outlines the minimum acceptable cleaning standards for the Tasks shown in Section 3, below and any other tasks that are necessary to achieve these standards. The following standards of performance are minimum recommendations and do not supersede the use of materials or methods that will achieve better results as defined by the City. A. All Floors Floors and entrances are clean and free of dirt streaks, dust balls, cob -webs, dirt, trash and there is no foreign matter in corners, under furniture or equipment, behind doors or on stair landings and treads. No dirt is left where sweepings were picked up. Carpet nap lies in one direction. Floors with resilient type covering are clean and polished in appearance, Threshold plates are clean and soil has been removed from the elevator door tracks. Tile, Marble and Granite floors shall have a clean and polished appearance per manufacturer's requirements. B, Waste and Recycling Receptacles Spot cleaned as required with replacement liners installed. All trash and refuse removed to designated areas. Office containers marked and designated for recyclable paper are emptied when full and thematerial is deposited in the containers indicated for "paper only", as directed, C. Glass Doors, Partitions, Hardware and Trim Glass surfaces are without streaks, film, deposits and stains, and have a uniformly bright appearance with adjacent surfaces wiped clean. D. Light ?witches No fingerprints or smudges on switches or adjacent wall. RP? 508383, janitorial Se'vioes 22 City of Miami, Florida RFP508383 E. Walls Up To a Height of 96" (81 Wall surfaces and exposed pipes and equipment have a uniformly clean appearance and are substantially free from dirt, stains, streaks, lint, cobwebs and cleaning marks. Painted surfaces have not been unduly damaged and hard finish wainscot or glazed ceramic tile surfaces are bright, free of filrn streaks and deposits. F. Doors, Doorframes, Woodwork, File Cabinets, Desks, Cubicles and Shelves Srfiudgee, rharks, 'Oath -and dusts have been removed and areas disinfected Withatif dabSing discoloration, G. Fire Extinguishers, Hose Cabinets, etc, Smudges, marks or spots have been removed without causing discoloration. H. Fan Vents and Baseboards Air vents (wall and floor) are clean. There are no heel marks or soil on baseboards. There are no oils, spots or smudges on dusted surfaces caused by dusting tools. Cleaning has been done without causing. discoloration. Restrooms Floors around urinals and commodes are free of odors and stains and the facility has •a uniformly clean appearance throughout. Bright metal has a polished appearance. The floor area is void •of visible dirt and debris including wads of gum, tar and similar substances and is clean and free of water streaks, mop marks, string etc, and present an overall appearance of cleanliness. Porcelain fixtures are clean, bright, disinfected and deodorized; there is/are no dust, dirt, spots, stains, rust, mold, incrustation or excess moisture. Dividing partitions shall be wiped down and disinfected. Over -spray of chemicals is not visible on surrounding walls, floors or fixtures, J. Mirrors Mirrors are clean and free of dirt, grime, streaks, excessive moisture and are not cloudy. K. Metal Dispensers Bright metal has a polished appearance. Over -spray of chemicals are not on surrounding walls, floors or fixtures. Sinks , Fixtures and Counter Tops (where applicable) All fixtures are clean, bright, disinfected and deodorized; there is/are no dust, dirt, spots, stains, rust, mold, incrustation or excess moisture. Walls and floor adjacent to fixtures are free of spots, drippings and watermarks. M. Dispensers Dispensers are full but not overfilled or packed so as to adversely affect their operation or cause unintended waste of their contents when used. N. Tables and Chairs Tables, counters, chairs and chair legs are clean of dirt and debris and free of dirt streaks. Tables and chairs need to be wiped down in their entirety and disinfected every day. Tables have been aligned and squared to the room and the chairs have been left in proper position under the table(s). RFP 508383, Janitorial Services 23 City of Miami, Florida RFP508383 0. Drinking Fountains Drinking fountains are clean, polished and disinfected. Water residue has been removed from top, mouthpiece, sides, and adjacent walls and floor. There is no evidence that harsh abrasive cleaners have been used. The fixtures are free of trash, ink, coffee grounds, etc. and nozzles are free of incrustations and are free flowing. Chemical cleaners or polishes have not been allowed to touch or damage wall surfaces. P. Entrance Mats Mats are clean and free of dirt streaks, dust balls, dirt, trash and there is no foreign matter in corners, stair landings or treads, Q. Light Fixtures and Ceiling Vents Light fixtures and lenses and ceiling vents are free from dirt, stains, streaks, lint, cobwebs and cleaning marks. Cleaning has been done without causing discoloration, R. Windows Glass is clean and free of dirt, grime, streaks, excessive moisture and is not cloudy. Window sills, and casework about interior glass and other such surroundings have been thoroughly wiped free of drippings and other watermarks. Insulating/reflective film, if present, has not been damaged. Cleaning staff shall be responsible for cleaning all glass that can be reached on a 10 foot ladder or with a 16 foot extension pole. If interior glasses are higher than 16 feet, Contractor •shall provide necessary equipment to clean current interior height in addition to outside glass of first floor only, 3. SERVICE REQUIREMENTS An anticipated minimum set of work tasks are listed below. The Contractor shall perform any additional tasks deemed necessary to meet the performance standards. All work shall be performed in strict accordance with the conditions, provisions, and standards, described herein •and all supplies, labor, material, components, equipment and accessories necessary to provide the services shall conform to the best practice known to the trade in design, quality, material and workmanship and are subject to the standards described in full. Services, in addition to or separate from the services specified herein, may be deemed necessary by the City's Project Manager. The Contractor may be requested to perform additional or special services for events such as dedication events or other such unusual events, moving furniture and supplies, special cleaning requirements outside of the regular schedule, etc, The Contractor will be reimbursed for the cost of the materials needed for the cleaning services for the special event at the prices proposed and for labor on the basis of the • prices set forth in Exhibit C, Price Schedule. The Contractor shall: 1. Provide all equipment and tools (including their maintenance), supplies (Le., toilet paper, paper towers, soap, disinfectants, large plastic bags for garbage collection, etc.) and materials necessary for the performance of the work at the City facilities, except were specified. The Contractor shall distribute the supplies to the needed facilities and insert them in the dispensers, The Contractor shall be responsible for seeing that inventory levels are maintained. The City will be responsible for the mechanical operation of the restrooms and any required repairs to toilets, dispensers, lighting or holders, etc. RFP 508383,,Janitorial Services 24 City of Miami, Florida RFP508383 2. Be responsible for determining the type, quality and characteristics of all materials, which shall be used in the facilities to be serviced. The Contractor shall be responsible for the determination of the proper cleaning method for each facility serviced, so that the City facilities shall remain in good and proper condition, ordinary wear and tear and unavoidable accidents expected. 3. Supply all materials to be used. Materials shall be in accordance with governmental standards, to include, but not be limited Ib, those issued by -the OcarpatiOnal-Safety and - Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA), Before beginning the work of the Contract, the Contractor shall submit to the City Project Manager a lie giving the name of the manufacturer and the brand name of each of the materials that he proposes to use in the performance of the work, The Contractor shall not use any material, which the City determines would be unsuitable for the purpose or harmful to the surfaces to which applied or to any other part of the buildings, its contents or equipment. Care to protect all staff and occupants from dangerous or obnoxious odors or products is required. Ail materials and supplies as approved for execution of this Contract shall .be in original containers with labels securely affixed until consumed. Approval by the City does not relieve the Contractor for full responsibility and liability for using the correct equipment, supplies and material. All floor finishes, floor sealer, floor stripper, grout cleaners, germicidal cleaner, disinfecting cleaner, carpet cleaner, supplies, detergents, spotter, metal and wood polishes, etc, must be registered with the United States Department of Agriculture. All supplies must be used in accordance with the manufacturer's recommendations and instructions, and all containers must be labeled with the manufacturer's brand name, name of product, and its recommended use. The City reserves the right to require Contractor to substitute, modify or alter such materials, provided however; such requirements shall be reasonably exercised. 4. Exercise precautions at all times for the protection of persons and property. Contractor performing services under this contract shall conform to all relevant OSHA, State and City regulations during the course of such effort, Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. Barricades and applicable signs shall be provided and put in place by the Contractor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 5. Keep its portion of the allocated space in accordance with applicable regulations and codes such as fire and health. The 'use of such allotted space shall be the Contractor's responsibility and any damage to property or injury to persons resulting from the Contractor's use of allotted space shall be the Contractor's sole liability. The City reserves the right to reclaim any of the allotted space. In exercising this right, the City will endeavor to provide other suitable space for the Contractor's use. 6. Furnish and provide all equipment required by the Contractor in performance of its duties, as set forth herein, at Its sole expense. All equipment used in the janitorial and cleaning operation of City 'facilities must be clean and in good safe operating conditions as required by OSHA. Equipment with broken or exposed electric wires shall not be used. The City reserves the right to require the Contractor to replace, substitute or modify its equipment if harmful to the City or its operation. Upon completion of the workday, all equipment shall be properly stored or removed from the facility. No equipment or supplies shall be left out in the open. RFP 508383, Janitorial Servioes 25 City of Miami, Florida RFP508383 7. Provide an adequate number of trained and qualified supervisory personnel capable of providing the necessary supervision to satisfy the contract during all services being performed at each facility. The supervisory personnel shall be accessible to Contracter's employees at all times and be responsible for monitoring personnel activities and resolving any service problems with the designated City Project Manager, The Contractor's supervisory personnel shall be literate and fluent in the English language, because of the necessity to read chemical labels, job instructions and signs, as well as the need -far cbriVersing with -City -personnel: Tho Contractor's on site -supervisory personnel shall also be literate and fluent in the primary language of the janitorial staff. All supervisory personnel shall have an intimate knowledge of the various cleaning tasks, equipment and materials so as to be able to maintain and control an effective inspection and follow-up program. The supervisory personnel shall be authorized to represent and act on behalf of the Contractor. 8. Provide janitorial staffing that will accommodate the hours of operation for the specific facility as indicated by the City Project Manager for that facility (i.e., 6am-3pm, 5pm- 11pm, 11pm-7am, etc.) 9. Provide and equip all supervisory personnel with a communication device such as a cell phone or similar independent communication device. 10. Prepare and provide the City Project Manager with a schedule(s), which shall be maintained by the Contractor, to show the status of work in progress and dates various periodic projects are scheduled and completed (such as monthly, yearly and as requested tasks). An up-to-date copy of this schedule shall be furnished to the City Project Manager whenever there is a change to a schedule. These schedules will include, but not be limited to the tasks listed below. 11 Provide 24 hour, 7 days a week Emergency Service to the City. During regular working hours, Monday through Friday, 8:00 A.M. to 5:00 P.M., or hours specified by that facilites City Project Manager, emergency service response time shall be within one (1) hour after verbal notification later confirmed in writing by the City Project Manager. During other than regular working hours, the emergency response time shall be within two (2) hours after notification by the City. Emergency work will be considered any unforeseen unanticipated work not listed under routine/project work. For the purpose of this clause, response time will mean "on -site and prepared to work". If the Contractor(s) cannot provide assistance in the time specified by the City, the City has the option to seek other vendors. If the emergency situation was caused by the Contractor(s), the City shall have the immediate right to complete the work to its satisfaction and deduct the amount necessary from the following month's payment to recover the City's cost to correct the situation. Contractor(s) shall have a phone number where they can be immediately contacted 24 hrs. a day. Notes: 1. No janitorial and cleaning services will be required on City observed legal holidays or when closed for emergency or other reasons unless otherwise indicated by that facility's City Project Manager. Scheduled janitorial and cleaning services, which fall on a City -observed legal holiday, shall be re -scheduled for a later date at a mutually beneficial time and date established between the Contractor and the City. The current City -observed holidays are: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, RITP 508383, Janitorial Services 26 City of Miami, Florida RFP508383 Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day. 2. Due to seasonal demands some facilities may require additional supplies. Contractor shall be responsible for maintaining adequate supply levels at all times. PERSONNEL The work involved in this Contract shall -be accomplished by personnel regularly employed by the Contractor, except that of window washing, carpet and floor cleaning, which may be performed by a subcontractor. The Contractor shall have adequate staffing to ensure all facilities are accommodated for their specific needs. Some facilities may require daily consistent on -site personnel to accommodate inside and outside janitorial services as indicated on Exhibit 1, Janitorial Services, Group and Service Locations. In addition, staffing should be at a level to accommodate for sick-outs and variable shifts since some of •the janitorial services will need to be conducted after normal business hours (Le., 5pm-11pm), The Contractor shall provide appropriate training to employees prior to the• beginning of service under this Contract to ensure competent performance of the work. The Contractor shall provide, when submitting names of employees, documentation of type and amount of training received by each employee. The Contractor shall submit, prior to the initiation of any janitorial services at any site, a current list of the names, addresses and Social Security numbers of all personnel who have successfully undergone a Level II background check, who will perform work under this contract. Changes in the personnel list shall be reported to the City Project Manager no less than twenty-four (24) hours before the changes become effective. In addition, the Contractor shall provide a listing of names, emergency telephone numbers and numbers of supervisory personnel assigned to the contract. It shall be the Contractor's responsibility to keep this list up to date, and notify the City Project Manager of any change, addition and deletion. The City Project Manager shall have the right for good cause to reject any individual. In addition to the above, the Contractor's employees shall: 1 Wear a distinctive, neat, and freshly laundered uniform (T-shirt, vest, or apron is acceptable) including the supervisory personnel, which the Contractor shall supply. The Contractor's name and/or logo shall appear on employees' clothing. The City Project Manager may request removal of any employee not properly uniformed. The Contractor shall also ensure that such employees wear proper and fully enclosed footwear while working on premises. Appropriate protective clothing, shoes, and other safety equipment shall be worn as required. 2. Wear identification badges at all times. Contractor shall provide identification badges for each employee, including supervisory personnel, showing the employee's picture, name, signature and identification number. New or temporary employees may wear temporary badges. 3. Not to be accompanied in their work areas on City premises by acquaintances, family members, or any other person, unless said individual is an authorized Contractor employee, 4. Providean additional crew for heavy cleaning, when scheduled. 5. Provide a trained, qualified floor crew separate from the daily work crew for stripping and refinishing tiled and/or hard surfaced flooring. All floor stripping and refinishing RFP 508383, Jatitorial Services 27 City of Miami, Florida RFP508383 shall be done at a time mutually agreed upon with the City Project Manager (this type of work will be done at night and/or weekends). Floor refinish schedule shall be posted by the Contractor in the City Project Manager's office no less than ten (10) days prior to start of project. Note: Level II Background Checks shall be conducted and paid for by the Contractor for each employee anticipated .to work in City facilities. The Contractor agrees not to permit any employee to have access to facilities herein designated until the —clearance requirements-- - specified are met. For facilities with a higher security clearance additional background checks may be required. 5. GENERAL SERVICES TO BE PERFORMED The Contractor, in addition to .performing the initial month's services, shall bring all facilities up to contract standards during the first sixty (60) days of the contract. This initial cleaning shall be in addition to routine cleaning tasks, but will not be billable to the City as additional work performed. The Contractor and the City Project Manager's shall meet prior to the first week of the contract start date to discuss the Contractor's proposed methodology, to. insure ,that the facilities shall meet the contract standards. Failure to successfully complete this initial cleaning phase may be a determining factor in discontinuing the services under this contract. The following is a list of the general services that the City anticipates the Contractor may need to perform. In order to meet the quality expected by the City of the Contractor, •additional tasks may be required. The Contractor shall perform any and all tasks necessary to achieve the performance standards detailed in Section 2. The Contractor should be fully aware of the requirements of Section 3, Service Requirements, as well as Section 7, Quality Control -Inspections and Acceptance. 1) Empty all trash receptacles, including those found in parking lots and replace liner 2) Sweep entrances and pick up litter from all adjacent areas, including exterior grounds of the facility and parking lot. 3) Collect and remove all trash from the premises including dumpster areas. 4) Pressure wash stairs, stairwells, parking areas and dumpster areas three times a year. 5) Remove standing water from stairwells and parking garage areas, 6) Clean and disinfect water cooler and faucet areas. 7) Sweep and damp mop all non -carpeted areas. 8) Vacuum, spot clean, and remove gum, from all carpeted areas, 9) Pick up paper clips, and staples from floors, 10) Lavatories: a. Wash, polish and sanitize all porcelain and chrome. b, Wash and disinfect urinals, toilet bowl and seat. c. Wash floor with clean mops and disinfectant solution. d. Clean mirror(s), partitions, doors, and walls of smudges and fingerprints. e. Replace urinal and toilet deodorant materials as needed, f. Clean mirror(s). g.. Restock all dispensers. 11) Clean and disinfect sinks, counters, floors, microwaves, toaster ovens and in some facilities refrigerators in kitchen areas. 12) Wash exterior door glass, both sides. 13) Dust and clean all accessible bookshelves, furniture, fixtures, ledges and equipment. RFP 508383, Janitorial Services 28 City of Miami, Florida RFP508383 14) Clean all surfaces, such as walls, doors, etc., of smudges and fingerprints. 15) Clean all glass doors, and glass partitions, including all the sills and framing. 16) Dust and clean all window blinds. 17) Vacuum clean all air conditioning and exhaust grilles. 18) Dust high and difficult to reach places. 19) Vacuum all upholstered furniture. 20). Clean and polish wood furniture. 21) StriP-, end then apply appropriate wax to alr vinyl and wood fl5ars: FlObr tO be left with a high gloss wet look and uniform color, Floor boards should also be included in this process, 22) Clean, seal and buff all terrazzo and ceramic tile floors. 23) Marble and Granite floors shall have the restoration and crystallization process conducted twice a year. 24) Performs related duties as requested by facility staff, Caution: Where applicable, Contractor shall comply with OSHA and Environmental Protection Agency asbestos composition floor tile cleaning procedures. All work to be performed shall comply with all Federal, State, Local and Regulatory Economic Resources Department (RER), Environmental Resources Management Division regulations 6. MISCELLANEOUS SERVICES In .addition to the work specified, the following additional services shall be performed in conjunction with the cleaning operation, as part of the Contract: 1. Report security violations, hazardous conditions to the City Project Manager, items in need of repair such as burned out lights, leaky faucets, toilet stoppages, etc, 2. Turn off lights and fans and secure external doors when night cleaning is finished. 3. Report to the City Project Manager irregularities or damage in any of the areas serviced, regarding heating and ventilating equipment, lighting, furniture, vandalism, broken doors or windows, dispensing equipment in restrooms, or any other condition to be considered unsafe, that may require attention for repairs, adjustment, replacement or correction, 4. Insure that rooms that are normally locked after hours are left locked after cleaning and the keys shall be returned to their designated office or location. 5. Turn in all lost and found articles to the City Project Manager or other specified office or location. 6. Notify the City Project Manager or designee of emergency conditions such as fires, floods, excessively hot or cold room temperatures, etc. 7. Secure building exterior doors as directed and keep them secure during cleaning operations. 8. All Contractor employees must sign in the Janitorial Sign -In Logbook located at each facility. The City will also supply a daily report form. (These areas will be agreed upon at a later date), The City Daily Report. Form shall be signed and dated daily by each Contractor employee and must contain the following information as a minimum: Any property or equipment not in a serviceable or operating condition, listed by description and location. To include burned out light bulbs, damage, vandalism, broken windows, graffiti, etc, listed by description and location. Any and all problems and/or complaints of a minor nature, or similar isolated incidences, may be handled directly between the Contractor's supervisory personnel and the City Project Manager. A summary of the incident and resolution shall be contained in the daily report form. RFP .508383, Janitorial Services 29 City of Miami, Florida RFP508383 9, The Contractor shall provide a cleaning schedule for the various facilities to be approved by the City Project Manager. The work shall be scheduled such that it will not disrupt normal day-to-day operations of the facility. The Contractor shall prepare a complete work schedule for each facility, by month, which is to be submitted prior to commencement of work under any contract resulting from this RFP. 7. QUALITY CONTROL -INSPECTION AND ACCEPTANCE Ail services erforrned' shall be" sub ect" to` -ins ectiori "arid acceptance b the -City Project- p .. j.. p p y- Y 1 Manager or designee while the work is in progress or after Its completion. If any of the items described in Sections 3, Service Requirements• and 6, Miscellaneous Services are determined to be unsatisfactory (does not meet standards) or is found to not be otherwise in accordance with the requirements of this contract, the City Project Manager or his/her designee shall notify the Contractor and the Contractor shall take immediate steps to make corrective action and schedule re -inspection. The City will be the sole judge as to the acceptability of the work and the condition of the facilities. 8. ACCEPTABLE QUALITY LEVEL The City Project Manager or designee will inspect the facility on a daily basis and determine if all of the .requirements of Section 3 have been met. All of the requirements must be met in order for the facility to be considered acceptable for that day, On any given day, 90% of the facilities serviced must be considered acceptable in order for the Contractor to be in compliance with the terms of the contract. The acceptable quality level in order for the Contractor to be considered for a contract renewal is that the Contractor be in compliance on 90% of the contract term measured in days. 9. COMPLIANCE REQUIREMENTS The Contractor shall: 1. Supply, at no cost to the City, samples for testing of any supplies or materials used by the Contractor in the accomplishment of the required services. Such samples may be taken at the discretion of the City with notice to the Contractor, from the supplies or materials being used "on-the-job",. and/or from any original containers of the Contractor's reserved supply. The Contractor shall use only such materials as are labeled and identifiable by a brand name and bear the seal of Underwriters' Laboratories, Inc. No supply, material, treatment or procedure shall be used on any floor, stairway or sidewalk that will cause or contribute to such floor, stairway, or sidewalk surface to be slippery or unsafe to walk upon in all kinds of weather, taking into consideration the normal use thereof and any material used on any floor, stairway, sidewalk, shall bear the label and meet the requirements, and be tested as an anti -slip material by Underwriters' Laboratories, Inc. Contractor shall submit to the City Project Manager, Data Safety Sheets (SDS) on all products used in the City Facilities, whether stored there or riot. These SDS must be in compliance to the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph G. This requirement will help ensure the safety of the citizens and employees of the City. 2. Comply with the OSHA Hazardous Communications Standard 29CFR 1910.1200 as it pertains to the training, safety, and equipment needed for all employees engaged in janitorial service. The Contractor(s) shall be responsible for meeting compliance prior to Contract acceptance and shall provide proof of program to the City Project Manager, 1 FP 508383, Janitorial Services 30 City of Miami, Florida RFP508383 3. Comply with the OSHA Blood Borne Pathogens Standard 29CFR1910.1030 as it pertains to the training, safety, and equipment needed for all employees engaged in janitorial service. The Contractor(s) shall be responsible for meeting compliance prior to Contract acceptance and shall provide proof of program to the City Project Manager at the Kick -Off Meeting. The Contractor(s) shall be responsible for cleaning spills of bodily fluid unless it constitutes a crime scene, in which case the authorities shall be notified, Note: Contractor shall ensure that chemicals listed on Exhibit 2, Prohibited Chemicals List (attached) will not be used in any of the City facilities. 10. CITY RESPONSIBILITIES The City will, on a space available basis, provide closet space at each facility for the Contrabtor's janitorial supplies, No other additional space will be provided by the City. No materials or equipment shall be stored or temporarily set in restrooms or other spaces accessible to the public. The Contractor will be responsible for the security of the supplies and materials, which it furnishes or controls under this agreement. It is the responsibility of the Contractor to keep such space clean, neat and organized. City representatives reserve the right to inspect such closet spaces at any time. The Contractor shall not remove, for its own use or any other reason, from City facilities, those supplies or materials which are City supplied, at any time, whether at the termination of this agreement, or otherwise. The City will not be responsible, In any way, for damage or loss of personal belongings kept throughout the City facilities .by the employees of the Contractor or any of its subcontractor. 11, SERVICE LOCATIONS GROUP LOCATION ADDRESS GROUP 1 GSA MRC BUILDING 444 SVV 2ND AVE MIAMI, FL 33130 GSA ADMINISTRATION 1390 NW 20TH STREET MIAMI, FL 33142 PROPERTY MAINTENANCE 1975 NW 12TH AVE MIAMI, FL 33142 COMMUNICATIONS WAREHOUSE 110 NW SOUTH RIVER DRIVE MIAMI, FL 33136 GROUP 2 DREAM LITTLE HAITI CULTURAL CENTER 212-260 NE 59TH TERR MIAMI, FL 33137 BLACK POLICE PRECINCT & MUSEUM 480 NW 11th STREET MIAMI, FL 33136 MANUEL ARTIME COMMUNITY CENTER 900 & 970 SW 1ST STREET MIAMI, FL 33130 DINNER KEY MARINA - MARINA (NEW BLDG). 3400 PAN AMERICAN DRIVE, MIAMI, FL 33133 MARINE STADIUM MARINA 3501 RICKENBACKER CAUSEWAY MIAMI, FL 33149 RE' 508383, Janitorial Services 31 City of Miami, Florida RFP508383 MIAMARINA @ BAYSIDE 401 BISCAYNE BLVD MIAMI FL 33133 GROUP 3 _._. ._ . _ _. NET • NET UPPER EASTSIDE 6699 BISCAYNE BLVD MIAMI, FL 33138 NET LITTLE HAITI/EDISON/LITTLE ,R.IVER ..._ 6301 NE 2ND AVE MIAMI , FL 33138 NET ALLAPATTAH 1901 NW 24TH AVE MIAMI, FL 33125 NET OVERTOWN (SHOPPING CENTER) . 1490 NW 2RD AVE #112-B, MIAMI FL 33136 NET FLAGAMI 5135 NW 7TH STREET 1V11AMI, FL 33142 NET COCONUT GROVE 3310-A MARY STREET MIAMI, FL 33133 NET LITTLE HAVANA (RAYOS DEL SOL) 1300 SW. 12TH AVE MIAMI, FL 33136 NET CORAL WAY 1415 SW 32ND AVE MIAMI, FL 33145 HOMELESS ASSISTANCE OFFICE 450 SW 5th STREET MIAMI, FL 3313.0 *NETDOWNTOWN Location deleted per Addendum #7 900 SOUTH MIAMI AVE STE #183 MIAMI, FL 33130 NET MODEL CITY 1000 NW 62ND STREET MIAMI, FL 33150 NET WYNWOOD 101 NW 34TH STREET . MIAMI, FL 33127 *NET ADMINISTRATION Added to Group 6, since this site is at the same location as Item 5 151 NW 27TH AVE MIAMI, FL 33126 GROUP 4 • PARKS & • RECREATION PARKS OPERATIONS TRAILERS 1950 NW 12TH AVE MIAMI, FL 33126 CHARLES HARDLEY PARK 1300 NW 50TH STREET MIAMI, FL 33142 GIE3SON PARK 380 NW 14th STREET MIAMI, FL 33128 r WEST END PARK 6030 SW 2ND STREET MIAMI, FL 33144 MACEO PARK 5135 NW 7TH STREET MIAMI, FL 33142 MOORE PARK 766 NW 36TH STREET MIAMI, FL 33127 *LEGION PARK Address correction per Addendum #7 6447 NE 7TH AVE MIAMI, FL 33138 JOSE MARTI PARK AND GYM 351 SW 4TH STREET RIP 508383, Janitorial Services 32 City of Miami, Florida RFP508383 MIAMI, FL 33130 VIRRICK PARK AND GYM 3230 HIBISCUS STREET COCONUT GROVE, FL 33133 GRAPELAND HEIGHT WATER PARK 1550 NW 37 AVE MIAMI, FL 33125 SANDRA DeLUCCA DEVELOPMENT CENTER SOUTHSIDE PARK GROUP 5 4560 NW 4TH TERR MIAMI, FL 33126 140 SW 11TH STREET MIAMI, FL POLICE COLLEGE OF POLICE ADMINISTRATION BUILDING 350 NW 2ND AVE MIAMI, FL, 33128 400 NW 2ND AVE MIAMI, FL 33128 *LAW ENFORCEMENT OFFICERS MEMORIAL HIGH SCHOOL Janitorial services are for the common public area per Addendum #7. 300 NW 2ND AVE 3rd FLOOR MIAMI, FL, 33128 NORTH SUBSTATION SOUTH SUBSTATION 1000 NW 62ND STREET MIAMI, FL 33150 2200 W FLAGLER STREET MIAMI, FL 33135 SPECIALIZED OPERATIONS 1701 NW 30TH AVE MIAMI, FL 33125 BOMB SQUAD MINI 1100 SOUTH RIVER DRIVE MIAMI, FL 33136 MARINE PATROL/MIAMI YACHT DAVID HERRING CENTER AUTO POUND INTERNAL AFFAIRS BICYCLE DETAIL 1001 MCARTHUR CAUSEWAY MIAMI, FL 2301 NW 23RD STREET MIAMI, FL 33142 CORNER OF 3RD AVE AND NW 7TH STREET MIAMI, FL 33128 5040 NW 7TH STREET 9TH FLOOR MIAMI, FL 460 NE 2ND AVE MIAMI, FL *FLEET TRAILER Location deleted per Addendum #7 MOUNTED STABLES COCONUT GROVE SUBSTATION 1290 NW 20TH STREET MIAMI, FL 33142 360 NW 3RD STREET MIAMI, FL 33130 3727 GRAND AVE MIAMI, FL 33133 GROUP 6 PUBLIC WORKS OPERATIONS TRAILERS 1290 NW 20TH STREET MIAMI, FL 33142 RFP 508383, Janitorial Services 33 City of Miami,. Florida RFP508383 SOLID WASTE SOLID WASTE BUILDING 1290 NW 20TH STREET MIAMI, FL 33142 FIRE FIRE TRAINING CENTER 3425 JEFFERSON STREET MIAMI, FL 33133 FIRE HEADQUARTERS (GARAGE ' AND WAREHOUSE) 1131 & 1161 NW 7 STREET MIAMI, FL 33136 ... GRANTS MIAMI OFFICE OF SUSTAINABLE INITIATIVES/GREEN LAB 151 NW 27TH AVE MIAMI, FL 33125 *Indicates changes via Addendum. 12, PROHIBITED CHEMICALS LIST All cleaning products used for services under the City of Miami's (City) Janitorial Services contract shall have a degree of hazard rating in accordance with the National Fire Protection Association (NFPA) and/or the Hazardous Material Information System (HMIS) that complies with the following limits in the .respective categories below: • Health (No more than 1) • Fire ( No more than 3) • Reactivity (No more than 2) In addition to the above specifications, products for use under the City's Janitorial Services contract shall not have any of the following chemical hazard classifications under the Globally Harmonized System (GHS), • Health Hazard • Carcinogen— except for powder cleansers where carcinogenicity Is solely due to the presence of trace amounts of respirable silica • Reproductive Toxicity • Mutageni.city • Respiratory Sensitizer • Target Organ Toxicity • Aspiration Toxicity • Acute Toxicity (Fatal or Toxic) • Explosives • Self -Reactive • Organic Peroxides Notes: 1. The Contractor shall discontinue use of any products that the City's Risk Management Department determines to be an unacceptable health or safety hazard. 2. The Contractor shall use cleaning products that are in accordance with the City's Environmentally Preferable Purchasing Ordinance 13003. 3. No peroxides may be stored at City facilities. RFP 508383, Janitorial Services 34 City of Miami, Florida EXHIBIT C PriceSchedule RFP508383 Prices shown below are the monthly prices for providing the services as stated in the Scope of Services (Exhibit B). The prices stated are the not -to -exceed monthly labor rates for workers and supervisors for each location within Group 6. These prices include the cost for supplies, equipment, and any of her *out Group 6, Miscellaneous City Departments 1) Public Works, Operatlons Trailers, 1290 NW 20th Street, Miami, FL 33142 Description Number of Unit Price Per Month Total Price Per Month Employees Personnel Workers 1 $1,120.00 $1,120.00 Supervisors 1 $300.00 $300.00 Monthly Total $1,420.00 2) Solid Waste, Solid Waste Building, 1290 NW 20th Street, Miami, FL 33142 Description Number of Unit Price Per Month Total Price Per Month Employees Personnel Workers 1 $1,680.00 $1,680,00 Supervisors 1 $300,00 $300.00 Monthly Total $1,980.00 3) Fire, Fire Training Center, 3425 Jefferson Street, Miami, FL 33133 Description Number of Unit Price Per Month Total Price Per Month Employees Personnel Workers 1 $1,680.00 $1,680.00 Supervisors 1 $300.00 $300.00 Monthly Total $1980.00 RPP 508383, Janitorial Services 35 City of Miami, Florida RFP508383 4) Fire, Fire Headquarters (Garage & Warehouse), 1131 & 1151 NW 7th Street, Miami, FL 33136 Description Number of Unit Price Per Month Total Price Per Month ees Personnel .. -Workers - - - — -$1,680,00 ,. ...___.. __.$3,360.00,_ _ _ . Supervisors 1 $300,00 $300.00 Monthly Total $3,660.00 5) Grants, Miami Office of Sustainable Initiatives/Green Lab, 151 NW 27th Avenue, Miami, FL 33125 This is also the location of the NET Administration. Description Number of Unit Price Per Month Total Price Per Month Employees., Personnel Workers 1 $1,120.00 $1,120.00 Supervisors 1 $300.00 $300,00 Monthly Total $1,420.00 B. PROJECT WORK Project Work shall be performed by the Contractor according to the frequencies established below. The City reserves the right to negotiate the pricing on a project by project basis at the City's sole discretion, Project Work Frequency Total Price 1. Carpet cleaning, including stairways and landings, using appropriate method. Six (6) times a year $20,000.00 2, Pressure wash and/or scrub all exterior non - carpeted floors including all steps, stairs, dock floors and platforms, Quarterly $15,000.00 3, Machine scrub concrete floors. Quarterly $10,000.00 4, Exterior window washing and conditioning, all floors. Semi -Annually $11,500.00 5, High dusting. Semi -Annually $5,000.00 6, Vacuum mini -blinds. Semi -Annually $4,000.00 7. Wash mini -blinds. Semi -Annually $5,000.00 8. Strip and refinish vinyl floors. Semi -Annually $8,000.00 9. Strip and refinish ceramic tile. Semi -Annually $8,000,00 10. Restoration and crystallization of marble and granite Three (3) times a year $10,000.00 11. Interior window washing and conditioning, all floors. Semi -Annually $5,000,00 RFP 508383, janitorial Services 36 City of Miami, Florida RFP508383 Notes: 1) The price above in Section A shall be firm and fixed for the initial term of the contract. The rates for the option -to -renew years shall be negotiated. Any extensions to the contract will be at the then current rates. 2) Notwithstanding the proposed prices In Section B above, the City reserves the right to negotiate the pricing on a project by project basis at the City's sole discretion, RFP 508383, Janitorial .Serviocs 37 City of Miami, Florida RFP508383 INSURANCE REQUIREMENTS ' 38 I`�®® ACO l.r.-� CERTIFICATE OF LIABILITY INSURANCE DATE DATE (MMIDDIYYYY) 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 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 Gil, Garden, Avetrani Insurance Group 10689 N. Kendall Drive Suite 208 Miami FL 33176 NAMEACT Margy Zuniga (Art Est): (305) 630-4777 (AIC,No): (3os)279-3022 ADOREss:mzunigac�ggaig.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Scottsdale Ins. Co. INSURED Carlos Rosario Cleaning Serv., Corp 10420 SW 16 Street Miami FL 33165 INSURER B :Progressive Express Ins. Co. 10193 INSURERC:F1a.Citrus Business&Industries INsuRERD:Hartford Fire Ins Co INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:CL1642808453 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 4NSn SUBR WVD. POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X 25584183 5/1/2016 5/1/2017 / EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 X 1000 Ded SX/PD P/Claim PERSONAL & ADV INJURY $ 1,000,000 GEM X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 ODUCTS - COMP/OP AGG $ Included � $ B AUTOMOBILE __ LIABILITY $ SCHEDULED AUTOS NON -OWNED AUTOS X 02984183-0 (� O U \WI 4 ��� (j/ / \ 0/2016 I /20/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Medical payments$ 2,000 UMBRELLA LIAROCCUR EXCESS LIAB CLAIMS -MADE v f EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ PIP- Basle $ $10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A. y 10657713 4/26/2016 4/26/2017 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L.. DISEASE - POLICY LIMIT $ 500,000 D Crime 21BDDBL0184. 05/05/2016 05/05/2016 Limit of Liability 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is listed as an additional insured with respects to General Liability and Auto Liability on a primary and non-contributory basis. General Liability includes contingent and contractural exposures. Waiver of subrogation in favor of the City of Miami with regard to workers comp. City of Miami is listed as loss payee with regards to crime coverage. CERTIFICATE HOLDER CANCELLATION City of Miami Risk Management Department 444 SW 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 Joe Avetrani/FC ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURANCE EXHIBIT INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE JANITORIAL SERVICES CITYWIDE I.-.... Commercial General Liability (Primary &Non Contributory) - A. Limits of Liability Bodily Injury and Property Damage Liability , Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as anadditional insured Contingent and Contractual Exposures Premises and Operations Primary Insurance Clause Endorsement I.T. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured IIZ, Worker's Compensation Limits of Liability Statutory -State of Florida Florida...... Waiver of subrogation Employer's Liability A. Limits of Liability $100,,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Crime Coverage- Insuring Agreements 1 & 2 (Employee Theft and Forgery and Alteration) A. Limits of Liability City of Miami listed as loss payee $100,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do. business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. City of Miami, Florida RFP508383 EXHIBIT E CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) RFP 508383, janitorial Services 39 City of Miami, Florida RFP508383 CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, ., a corporation, desires to enter into -en agreement with the City of Miami for the -purpose of performing the Work described in the contract 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 President and the Secretary are 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 day of , 2016. ("Provider") An (State) Corporation By: (sign) Print Name: TITLE: Print Name: (sign) RPP 508383, Janitorial Servioos 20 yv-ww.sunbiz,org - Department of State Page 1 of1 Home iment Searches Previous on141 NexLcp LLst I.Fictitious Name Search I Submit No Filing History Fictitious Name Detail Fictitious Name ROSARIO CLEANING SERVICES 1 Filing Information Registration Number 015000072618 Status ACTIVE Filed Date 07/13/2015 Expiration Date 12/31/2020 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Acid Tess 10420SVV 16ST MIAMI, FL 33165 Owner Information CARLOS ROSARIO CLEANING SERVICE CORP 10420SW 16ST MIAMI, FL 33165 FEI/EIN Number: 74-3194920 Document Number: P06000144984 Document Images 7/13/2Q15 Fictitious Name Piling View image In PEW format PIPAQ1IP11„.tAt NEst,gaLlat ISPtattig, URI No Filing History gam grant: us I pocaza ‹,,,42aglTin I F-FIllocj $ervir,let? 1 Lam1 th I Comolat and Mau Pot; State of Florida, Department Of Mate Fictitious Name Search 1 I Submit http://www.sunbiz,org/soripts/fieidet.exe?action=DETREG&doenum=G15000072618&rd... 2/10/2016 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# G15000072618 Fictitious Name to be. Registered: ROSARIO CLEANING SERVICES 1 Mailing Address of Business: 104208W 16ST MIAMI, FL 33165 _ Florida CoUnty ofPrincipal Place of Business; MULTPLE FEI Number: Owner(s) of Fictitious Name:, CARLOS ROSARIO CLEANING SERVICE CORP 10420SW 16ST MIAMI, FL 33165 US Florida Document Number: P06000144984 FEI Number: 74-3194920 - - -FILED _ Jul 13, 2015 Secretary of State I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined In Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronio signature below shall have the same legal effect as if made under oath and I am aware that false information submitted In a document to the Department of State oonstitutes a third degree felony as provided for in s. 817.155, Florida Statutes. CARLOS ROSARIO 07/13/2015 Eleotronio Signature(s) Date Certificate of Status Requested ( ) Certified Copy Requested ( ) AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND CONTRACTOR REQUEST FOR PROPOSALS ("RFP") 508383 THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (this "Amendment"), is made and entered into as of the 1 day December 2024 (the "Effective Date"), by and between the CITY OF MIAMI, a municipal Corporation of the State of Florida (the "City"), and CARLOS ROSARIO CLEANING SERVICES CORP., a Corporation, qualified to do business in the State of Florida (hereinafter referred to as the "Contractor"). The City and Contractor may each be individually referred to as a "Party" or collectively as the "Parties." RECITALS WHEREAS, pursuant to Request for Proposals ("RFP") No. 508383 and Resolution No. 16-0145, adopted by the City Commission on April 14, 2016, the Parties entered into that certain Professional Services Agreement dated June 1, 2016, as amended by that certain Amendment No. 1 dated May 2, 2017, and as further amended by that certain Amendment No. 2 dated June 1, 2018 (hereinafter collectively, as amended the "Agreement"), to furnish janitorial services for Group 6 citywide in the manner provided by such Resolution, by the RFP No. 508383, and by the Agreement; and WHEREAS, the Contractor has requested an increase in the monthly rates for all Services at the facilities due to extraordinary inflation, which has drastically increased the cost of cleaning supplies; and WHEREAS, the City has determined that it is in the City's best interest to grant the Contractor's request for pricing adjustments for the Services; and WHEREAS, pursuant to Resolution No. 16-0145 and Section 18(E) of the Agreement, the City Manager is authorized to execute amendments and modifications to the Agreement on behalf of the City; and WHEREAS, the Parties desire to modify and amend certain terms of the Agreement, as more particularly set forth hereinbelow. NOW THEREFORE, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby amend the Agreement as follows: TERMS 1. Recitals. The above recitals are incorporated herein by reference and made a part hereof. 2. Capitalized Terms. All capitalized terms when used herein shall have the same meaning as is given such terms in the Agreement, unless expressly superseded by the terms of this Amendment. 3. Exhibit C (Price Schedule): Exhibit C to the Agreement is hereby deleted in its entirety and replaced with the "Exhibit C" attached to this Amendment and incorporated herein for all purposes. 4. Compensation: Section 4, titled "Compensation", subsection D, is deleted in its entirety and replaced with the following language: Prices shall remain fixed and firm for the term of the Contract, including any option or extension periods; however, the City may, at its sole discretion, consider one (1) adjustment to the Contractor's pricing. The amount of said adjustment shall be at the sole discretion of the City. 5. Section 4, titled "Compensation", subsection E, is deleted in its entirety and replaced with the following language: It is the Contractor's responsibility to request the pricing adjustment under this provision. 6. Counterparts: Section 29, titled "Counterparts", is deleted in its entirety and replaced with the following language: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, 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. 7. Antitrust Violators Vendor List. A new Section 31, titled Antitrust Violators Vendor List, is hereby added to the Agreement to include the following provision: Section 31. Antitrust Violators Vendor List: Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 8. Anti -Human Trafficking: A new Section 32, titled Anti -Human Trafficking, is hereby added to the Agreement to include the following provision: Section 32. Anti -Human Trafficking: Contractor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Contractor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached and incorporated herein as "Anti - Human Trafficking Affidavit". If the Contractor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Contractor for any additional compensation or for any consequential or incidental damages. 9. Electronic Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, together, shall constitute one and the same instrument. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. The parties intend to be bound by the signatures on the telecopied or electronic PDF document, are aware that the other party will rely on the telecopied or electronic PDF signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. 10. Conflict; No Further Modification. In the event of any conflict between the terms of the Agreement and this Amendment, this Amendment shall prevail. Except as otherwise set forth in this Amendment, all of the terms and provisions of the Agreement shall remain unmodified and in full force and effect. 11. No Other Amendments. Except as expressly set forth in this Amendment, the Agreement shall remain unmodified and in full force and effect and is hereby ratified and confirmed and so amended. 12. Binding Effect. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns. 13. Headings. Descriptive headings are used in this Amendment for convenience only and shall not control, limit, amplify or otherwise modify or affect the meaning or construction of any provision of this Amendment. [The remainder of this page is intentionally left blank; signatures on following page] IN WITNESS WHEREOF, each Parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, as of the day and year first above written. ATTEST: CONTRACTOR: CARLOS ROSARIO SERVICES CORP., a company By:By: Print Name: ev GO e2 Print Name: '2[c .. Title: Title: (Corpor,�.S�al,>� • 111 Notary Public State of Florida Beverly Gomez My Commission HH 487628 Expires 2/28/2028 ATTEST: By: Signed by: i—DocuSignetl by'. �E4613756OOCFl459 City: CLEANING Florida profit CITY OF MIAMI, a Florida municipal corporation By: UocuSignetl by: '--850C1-60372ooa2A Todd Hannon, City - Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: DncuS!gnee by �,are� wh2 III By: ADD„ EgF tltl aDD _ George K. Wysong, III, City Attorney Matter ID: 25-701 By: �Dncns!gnee br: 1 ` m0agC t,la Ann -Marie Sharpe, Director Risk Management Department Exhibit C Price Schedule City of Miami, Florida RFP 508383 EXHIBIT C CLEANING SERVICES Carlos Rosario Cleaning Services, Corp. 11522 SW 168th Terrace Miami, Florida 33157 Janitorial Services City Wide - Reflecting Amendment No. 3 Group 6, Fire, Fire Headquarters Garage & Warehouse, 1131 & 1151 NW 7th Street, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 5,715.90 $ 5,715.90 Supervisors 1 $ 974.15 $ 974.15 Monthly Total $ 6,690.05 Group 6, Fire, Fire Training Center, 3425 Jefferson Street, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 3,635.00 $ 3,635.00 Supervisors 1 $ 974.15 $ 974.15 Monthly Total $ 4,609.15 Fire, City of Miami Wellness Center, 1502 NW 4th Street # 5, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 2,945.00 $ 2,945.00 Supervisors 1 $ 305.00 $ 305.00 Monthly Total $ 3,250.00 Initials: CR. City of Miami, Florida RFP 508383 Group 6, Grants, Miami Office of Sustainable Initiative / Green Lab, 151 NW 27th Avenue, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 2,971.07 $ 2,971.07 Supervisors 1 $ 999.16 $ 999.16 Monthly Total $ 3,970.23 Group 6, Public Works, Operations Trailers, 1290 NW 20th Street, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 2,971.07 $ 2,971.07 Supervisors 1 $ 999.16 $ 999.16 Monthly Total $ 3,970.23 Group 6, Solid Waste Building (Day Shift), 1290 NW 20th Street, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 4,362.00 $ 4,362.00 Supervisors 1 $ 1,168.98 $ 1,168.98 Monthly Total $ 5,530.98 Group 6, Solid Waste Building (Night Shift), 1290 NW 20th Street, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 1,922.38 $ 1,922.38 Supervisors 1 $ 290.00 $ 290.00 Monthly Total $ 2,212.38 City of Miami Moore Park Day Care, 785 NW 36th Street, Miami, FL. Description Number of Employees Unit Price Per Month Total Price Per Month Personnel Workers 1 $ 2,841.00 $ 2,841.00 Supervisors 1 $ 295.00 $ 295.00 Monthly Total $ 3,136.00 ov-k--1->c--- 05-09-2025 Carlos Rosario, President RFP508383 - City -Wide Janitorial Services ROSARIO CLEANING SERVICES PRICES OF GOODS COMUiATIVE PRICE INCREASE CHART ITEM DESCRIPTION 2016 2022 PRICE INCREASE (PER ITEM) % increase Hardwound Craft Paper 8 x 800 6/cs $ 16.00 5 31.00 $ 15.00 93.75% Toilet Paper white 2 Ply 96/cs $ 29.00 S 36.95 $ 7.95 27.41% NA8C Bathroom Cleaner 12 x 32 oz. $ 25.00 $ 32.00 $ 7.00 28.00% Can Liner40 x 4813 MK Clean 250 c/s S 20.00 $ 30.00 $ 10.00 50.0-0% Can Liner 24 x 33 CL 8 MIC 1000 c/s $ 21.00 $ 33.00 $ 12.00 57-14% Toilet Seat Cover 1/2 Fold 5000 c/s $ 29.00 5 45.00 $ 15.00 55.17% PIREY APC LAVENDER / VIOLET CLEANER $ 12.00 $ 19.00 $ 7.00 58.33% C-Red Cherry Urinal screen x DZ $ 13.00 $ 16.95 $ 3.95 30.38% Multifold Tow ±l White 4000 c/s $ 16,00 $ 29.95 $ 13.95 87.18% Eco Center Pull White 2 Ply 6 c/s $ 19.50 $ 24.00 $ 4.50 23.07% ACTUAL BILLED./ REQUESTED AMOUNT TO B€ BILLE➢ (PER LOCATION) No, LUCauon Description Current Monthly Billed Amount Requested Monthly Billed Amount Difference % increased 1 City of Miami Fire Headquarters 5 5,352,04 $ 5,650.05 5 1,336.01 25% 2 City of Miami Ftre Traingtng Center $ 3,687,32 5 4,609.15 $ 921.83 25% 3 Green fatr/NtETAdministratson 5 3,176.19 5 3,970.23 5 744.04 25% 4 City of Miami Public Works Department (Trailers), 5 3,176.19 5 3,570.23 $ 794,04 25% 5 City of Miami Solid Waste Department - Day Shift - `•#NCRFAC O PERSONE&L" $ 3,687.32 $ 5,530.98 5 1,343.66 50% 6 City of Miami SaIid Waste Department- Nigh Shift - "INCRE4SED PERSTJNELLie 5 1,474.32 5 2,212.38 $ 73746 50% 7 City of Miami Moore Park Day Care (NewLocatlon) 5 3.136.00 5 3,135.130 S 0% 8 City of M,am1 Flre Wellness Center (New Location) $ 3,250.00 5 3,250.00 $ 0% Totals S 26,939.38 5 33.369.02 5 6,429.04 23.86% 10420 SW 16T" STREET * MIAMI, FLORIDA 33165 PHONE 786-262-0805 INITIALS: 'w�l'- CORPORATE RESOLUTION WHEREAS, Carlos Rosario Cleaning Services Corp., a Florida Corporation , desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Amendment to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this company is authorized to enter into the Amendment with the City, and Oil I Lo i1 I (Name), the pfaLe niti (Title), is hereby authorized and directed to execute the Amendment in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. el or IN WITNESS WHEREOF, this 1 1'1 day of Ho , 20 Lb . Carlos Rosario Cleaning Services Corp., A Florida Corporation By: (Signature of Name above) Name & Title: Cliff L®S Ads it k I D a NES f f ,J t (print) 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-1. 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 Affida it. /� Nongovernmental Entity: CPdL LO S Ds 1k� i 0 Uri/Nita- .S a V t%,.r,ter r co RP Name: Cipc Pi Los PI OS 10 Officer Title: OW Na Signature of Officer: _ , C.� �-•' Office Address: rlsti2 SIA ((o U Aim i 4)4- i1 1 Email Address: API 10 qiCtig!iltf Main Phone Number: 1yq-31p1f.LID23 44,14? @ YVt(�rL.Gn w ' n STATE OF FLORIDA COUNTY OF MIAMI-DADE foregoitlg_'n�uent was sworn tts j ub ribedd bef e me by means ofphysical presence or O online notarization, this day of rrVV'` 1171 b C r117 tU. t OSNitel4thorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. ;- s (NOTARY PUBLIC SEAL) My Commission Expires: 09/043 Si i . e of -Person Person . , g Oath (Printed, Type or Stamped Name i otary Public) Notary Public State of Florida Beverly Gomez My Commission HH 497628 Expires 2/28/2028 EXHIBTT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title _78Z View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chap er 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 tabor, 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. 775.08Z, s. 775.083, or s. 775.084. 2. Using coercion for tabor 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. 775.08Z, 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. 775.08Z, 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. 775.08Z, 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, ors. 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 individuat'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 City of Miami Master Report Enactment Number: R-16-0145 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00348 Version: 1 File Type: Resolution Reference: File Name: Accept Proposals - Janitorial Services Status: Passed Controlling Body: Office of the City Clerk Introduced: 3/9/2016 Requester: Department of Procurement Cost: Final Action: 4/14/2016 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) ACCEPTING THE PROPOSALS RECEIVED NOVEMBER 2, 2015, PURSUANT TO REQUEST FOR PROPOSALS NO. 508383, FROM ABLE BUSINESS SERVICES, INC. (GROUPS 1, 2, 3, 4, AND 5) AND ROSARIO CLEANING SERVICES INC. (GROUP 6) TO PROVIDE JANITORIAL SERVICES, FOR VARIOUS CITY OF MIAMI DEPARTMENTS ON A NON-EXCLUSIVE BASIS, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED CONTRACTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. Sponsors: Notes: Indexes: Attachments: 16-00348 Summary Form.pdf,16-00348 Letter To Proposers.pdf,16-00348 Memo - Manager's Approval.pdf,16-00348 Report of Evaluation Committee.pdf,16-00348 Corporate Detail.pdf,16-00348 Bid Responses.pdf,16-00348 Request for Proposal.pdf,16-00348 Legislation.pdf,16-00348 Exhibit - Agreement.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 3/23/2016 Reviewed and Attorney Approved 1 City Commission 4/14/2016 ADOPTED Pass 1 Office of the Mayor 4/15/2016 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 4/15/2016 Signed and Attested by City Clerk City of Miami Page 1 Printed on 5/23/2016 / ACORN® CERTIFICATE OF LIABILITY INSURANCE ‘...------ DATE (MM/DD/YYYY) 05/12/2025 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 Fernandez Insurance 8541 NW South River Drive Medley FL 33166 CONTACT NAME: Yadira Fernandez Perez (A/C,, N , Ext): (305) 400-8377 (AA//C, No): (786) 594-2639 E-MAILADDRESS: fernandez@univistainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: HISCOX INSURANCE Co 10200 INSURED CARLOS ROSARIO CLEANING SERV., CORP. 11522 SW 168th Terrace MIAMI FL 33157 INSURERB: BERKSHIRE HATHAWAY GUARD INSURANCE Co 42390 INSURERC: UNITED STATE LIABILITY INSURANCE 25895 INSURERD: LION INSURANCE Co 11075 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CBL00474677P00 05/01/2025 /� 05/01/2026 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTED PREMISESO(Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 X Primary & Noncontributory PERSONAL&ADVINJURY $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: X POLICY OTHER: X PRO JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 Pollution Liability $ 50,000 B AUTOMOBILE XOWNED LIABILITY ANY AUTO AUTOS ONLY HIRED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y , 500105 ^ 0 (0, 04/30/2025 04/30/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Personal Injury Protect $ 10,000 C X X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE qii.1606572Q1 07/20/2024 07/20/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ Product/Complete Ope $ 2,000,000 D WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ECUTIVE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YNN N/A Y WC 71949 01/01/2025 01/01/2026 �/ /� PER STATUTE OTH- ER E. LEACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1 ,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 Blanket with respects to General Liability and Auto Liability on a Primary and non-contributory basis, General Liability includes contingent and contractual exposures.Waiver of subrogation in favor of the City of Miami with regard to works comp.City is listed as loss payee with regards to crime coverage. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue Miami MA 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 Yadira Fernandez ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD De Vito, Daniel From: Sent: To: Cc: Subject: Hello Danny, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 416-174o Office (305) 416-176o Fax fg0MeZ@MiaMigov.com Gomez Jr., Francisco (Frank) Thursday, May 15, 2025 8:58 PM De Vito, Daniel; Quevedo, Terry Aviles, Yesenia RE: PROCUREMENT INSURANCE REVIEW FOR CARLOS ROSARIO CLEANING SERVICE CORP !. v _(V o O\ <Z7 Qsq' Q-(< •\449 t\bCk � � QQ "Serving, Enhancing, and Transforming our Community" From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Thursday, May 15, 2025 4:17 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR CARLOS ROSARIO CLEANING SERVICE CORP 1 Good afternoon team, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! Daniel De Vito Procurement Contracting Officer City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office: (305) 416-1922 Email: dadevito©miamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Databas For solicitations in the Cone of Silence please visit our Cone of, -� Webpage <Z7 Qsq' •\449 t\bCk 0 <0' 4q- QQ P 2 Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, June 5, 2025 1:48 PM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Jerez, Ileana; Telfort, Cameitra Subject: Executed PSA Amend Carlos Rosario Cleaning Service (matter 25-701) Attachments: PSA Amend Carlos Rosario Cleaning Service (matter 25-701).pdf Good afternoon Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Cameitra: Please close Matter 25-701. Thank you, Aimee/ candanittai 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