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HomeMy WebLinkAbout25767AGREEMENT INFORMATION AGREEMENT NUMBER 25767 NAME/TYPE OF AGREEMENT UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI D/B/A UNITED COMMUNITY OPTIONS OF MIAMI DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/CUSTODIAL SERVICES AT CITY HALL/FILE ID: 17412/R-25-0197/MATTER ID: 25-254L EFFECTIVE DATE September 28, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/28/2025 DATE RECEIVED FROM ISSUING DEPT. 9/29/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Tahlia Gray EXT. 1906/1912 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: United Cerebral Palsy Association of Miami d/b/a United Community Options of Miami 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): PSA for Bid Waiver Custodial Services at City Hall with United Cerebral Palsy Assoc of Miami dba United Community Options of Miami COMMISSION APPROVAL DATE: 6/17/2025 FILE ID: 17412 ENACTMENT NO.: 25-0197 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER August 12, 2025 111:25:08 Annie Perez, CPPO EDT SIGNATURE: 8,60 H„C,C,ba SUBMITTED TO RISK MANAGEMENT August 12, 2025 I David Ruiz 11:35:32 EDT '—°°`°s'9"°°"' SIGNATURE: fi c j SUBMITTED TO CITY ATTORNEY matter 25-254L September 22, 2025 George Wysong III I 16:37:56 EDT °ocuS1gnetlby SIGNATURE: , r - U1 ,4 III APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER September 23, 2025 Larry Spring, CPA 1 08:09:04 EDT—s4".deY a Pie SIGNATURE: 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 September 23, 2C25 Natasha Colebrook -Williams 1 11:31:09 EDT SIGNATURE. : Nl,,14CeC .kWa&a.-, RECEIVED BY CITY MANAGER September 24, 2 Arthur E V 25 I 07:07:30 30 E °s,9"°de. SIGNATURE: a ran SUBMITTED TO THE CITY CLERK September 28, 2025 Todd Hannon 1 17:26:42 EDT ° de. SIGNATURE: (in-x� - PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Tahlia Gray Contact Person Procurement Analyst Title 8/12/2025 Date: Procurement Requesting Client (305) 416-1912 Telephone Legal Service Requested: Matter 25-254L: PSA for Bid Waiver Custodial Services at City Hall with United Cerebral Palsy Assoc of Miami dba United Community Options of Miami 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: CITY HALL CUSTODIAL SERVICES 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ ✓ City Commission — RESOLUTION No. 25-0197 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 ✓ BID WAIVER 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. N/A 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 6. WHAT IS THE SCOPE OF SERVICES? Custodial services for City Hall 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? General Services Administration 8. IS THE AWARDEE INCUMBENT? Yes Updated 1/29/2025 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Higher 10. WHEN DOES THE CURRENT CONTRACT EXPIRE? Extension ends 08/29/2025 11. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $679,247.73 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Bid Waiver Updated 1/29/2025 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And United Cerebral Palsy Association of Miami, Inc. d/b/a United Community Options of Miami, Inc. This Professional Services Agreement ("Agreement") is entered into this 28th day of September , 2025 by and between the City of Miami, a Florida municipal corporation, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and United Cerebral Palsy Association of Miami d/b/a United Community Options of Miami, a Florida not for profit corporation ("UCO" or "Contractor") whose principal address is 1411 NW 14th Avenue, Miami, Florida 33125. RECITALS: WHEREAS, on November 21, 2019, the City entered into an agreement with the Contractor for the provision of custodial services at City Hall ("Services") for the City's General Services Administration Department, pursuant to Section 18-85 of the Procurement Code of the City, as amended, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the Services; and WHEREAS, the City Commission is desirous of supporting a social cause to provide opportunities to individuals with disabilities so that they may grow physically, mentally, emotionally and socially to their fullest potential. WHEREAS, Contractor possesses all the necessary qualifications and expertise to perform the Services; and WHEREAS, the City wishes to engage for the Services of the Contractor, and Contractor wishes to perform the Services for the City. WHEREAS, the City Commission, by Resolution No. 25-0197 adopted on June 17, 2025, approved the selection of Contractor and authorized the City Manager to execute a contract; under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained herein, Contractor and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The Scope of Work is hereby incorporated into and made a part of this Agreement and attached as Exhibit "A". The Contractor's proposal and price structure dated June 19, 2019, is hereby incorporated into and made a part of this Agreement as attached Exhibit "B". The City's insurance requirements, as well as the Contractor's certificate of insurance are hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) this Agreement and (2) the Contractor's proposal and pricing structure, dated February 13, 2025 acknowledging the scope of services and pricing component of the Services. 2. TERM: The Agreement shall become effective on the date reflected on the first page of this Agreement and shall be for an initial term of three (3) years with an option to renew for two (2) additional one (1) year periods. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Proposer, in writing, of its intent to extend the contract at the same price, terms, and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Proposer are in mutual agreement of such extensions. 3. SCOPE OF SERVICES: A. Contractor agrees to provide the Services as specifically described, and set forth in Exhibit "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Contractor represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including, but not limited to, full qualification to do business in Florida, and meet all requirements of section 468.385, et seq., Florida Statutes; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each and the Contractor shall possess the licenses, registrations, and certifications required by law to perform such tasks; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Contractor shall be duly authorized to so execute the same and fully bind Contractor as a Party to this Agreement. C. Contractor shall always provide fully qualified, competent, and physically capable employees to perform the Services under this Agreement. Contractor shall possess and maintain any required licenses, permits and certifications to perform the Services under this Agreement. City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, intoxicated or asleep on the job, or otherwise objectionable and whose continued services under this Agreement are not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable by the City to the Contractor shall be based on the pricing quoted in Exhibit "B" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Contractor agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Contractor and not paid directly by the City, and (ii) any and all liabilities regarding payment to, or use of, subcontractors for any of the Services related to this Agreement shall be borne solely by the Contractor. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report, data or other digital record, or any other material whatsoever which is given by the City to the Contractor, its employees, or any subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall always remain the property of the City. Contractor agrees not to use any such information, document, report, data, or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Contractor determines copies of such records are necessary after the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable laws be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Contractor agrees to provide access, to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Agreement, for the purpose of audits, examinations, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain all such books, documents, papers, and records at its principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which Sections apply to this Agreement, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. PUBLIC RECORDS: A. Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, if the Contractor does not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the Service, and, if the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements; and, (5) if the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records, with all records stored electronically and provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Contractor determine to dispute any public access provision required by Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to Americans with Disabilities Act ("ADA"), municipal volunteers, public records, conflicts of interest, record keeping, etc. City and Contractor agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes, and ordinances, as they may be amended from time to time. Contractor further agrees to include in all of Contractor's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, as they may be amended from time to time. Local laws in accordance with this Section shall mean the applicable laws of the City and Miami -Dade County. 10. INDEMNIFICATION: Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold harmless the City, its officials and employees, and indemnify, save, and defend (at its own cost), the City, its officials and/or employees against any civil actions, statutory, administrative, regulatory, or similar claims, injuries or damages arising or resulting from the permitted Work, or from the Contractor's alleged non-compliance with legal or contractual requirements relative to the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, save harmless, and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to defend, at its own cost and expense, to and through trial, administrative, regulatory, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed or utilized by Contractor. These duties shall survive the cancellation or expiration of the Contract. This Section shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as may be applicable and as amended. Contractor shall require all sub -contractor agreements to include a provision that each sub -Contractor shall indemnify the City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving, or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. Contractor understands and agrees that all liabilities regarding the use of any subcontractor, supplier, laborer, or material person 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 with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Contractor shall be in default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation(s) accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. If the City fails to comply with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from Contractor, the City shall be in default, which shall be treated as a termination pursuant to Section 13. 12. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved, as applicable, by the City Commission, whose decision shall be final. Contractor shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received the City Manager's written decision, approved or disapproved, as applicable, by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars ($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (one hundred twenty (120) days if the City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by a written instrument clearly waiving compliance, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. The adherence to this Section is the condition precedent to the institution of any civil action by the Contractor against the City. 13. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without cause or penalty, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. The Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, special, consequential, or incidental damages. 14. INSURANCE: A. Contractor shall, always during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "C" and incorporated herein by this reference. The City contract number and title of the contract must appear on each certificate of insurance. The Contractor shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Contractor shall correct any insurance certificates as requested by the City's Risk Management Director. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Director on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. If, in the judgment of the City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. C. Contractor understands and agrees that all liabilities regarding the use of any of Contractor's employees or any of Contractor's subcontractors for Services related to this Agreement shall be borne solely by Contractor throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Contractor further understands and agrees that insurance for each employee of Contractor and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Director throughout the duration of this Agreement. D. Contractor shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Contractor shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Director as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Director; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Contractor in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Contractor of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Vendor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any Services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 16. ASSIGNMENT: The Contractor's services are considered specialized and unique. This Agreement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in part, and Contractor shall not assign or otherwise subcontract any part of its operations performing these services under this Agreement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO THE CONTRACTOR: Linda Gluck CEO & CFO 1411 NW 14th Avenue Miami, FL 33125 TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 With Copies to: Jennifer Ramirez Director, General Services Administration Department 1390 NW 20th St, 2nd Floor Miami, FL 33142 Annie Perez, CPPO Chief Procurement Officer 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 George K. Wysong III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 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, knowingly and voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of this Agreement. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Contractor shall comply with all applicable laws, rules, and regulations in the performance of this Agreement, including, but not limited to, licensure, and certifications required by law for professional service Contractors. E. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the Parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the Parties hereto, their heirs, executors, legal representatives, successors, or assigns, if any. 20. INDEPENDENT CONTRACTORS: Contractor has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services under this Agreement shall attain, nor be entitled to, any rights, emoluments, or benefits under the Civil Service or Pension Ordinances of the City, nor any rights afforded classified or unclassified employees of the City. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, its employees, or any subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Contractor rendering Services to the City under this Agreement. Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in program directions, applicable laws or regulations, upon thirty (30) days written notice. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo not within the control of the Contractor. In the event that either Party is delayed in the performance of any act or obligation pursuant to or required by the Agreement because of a Force Majeure Event as herein defined, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such Force Majeure Event actually delayed such Party. The Party seeking delay in performance shall give notice to the other Party in writing, within two (2) days of the Force Majeure Event, specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any Party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other Party to overcome any delay that has resulted. 23. CITY NOT LIABLE FOR DELAYS: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. The sole remedy which may be granted to the Contractor, in the reasonable discretion of the City Manager, following a prompt and detailed request to be officially transmitted by the Contractor is an extension of time. No other recourse or remedy will be available to the Contractor against the City. 24. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor entity, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Contractor and the City (and their successors and assigns) shall have any rights as an express or implied third -party beneficiary whatsoever under this Agreement. 27. SURVIVAL: All obligations (including, but not limited to, indemnity and obligations to defend, save and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 29. E-VERIFY EMPLOYMENT VERIFICATION: By entering into this Agreement, the Contractor and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." The Contractor affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Contractor; (b) it has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subconsultant; (c) it has an affidavit from all subcontractors to this Agreement attesting that the subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.qov/e-verify. If Customer has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, then Customer shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, the Contractor agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Contractor shall be liable for any additional costs incurred by the Customer because of such termination. In addition, if Customer has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its requirements under those statutes, then Contractor agrees that it shall terminate its contract with the subcontractor upon receipt of notice from the Customer of such violation by subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the Customer, Contractor, or subcontractor no later than twenty (20) calendar days after the date of Agreement termination. 30. ANTI -HUMAN TRAFFICKING: The 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 an 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. 31. ANTITRUST VIOLATOR VENDORS 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. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and final Agreement of the Parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. ATTEST: By: 1b Name: Title: Chief Financial Officer ATTEST: "UCO" or "Contractor" United Cerebral Palsy Association of Miami, Inc. d/b/a United Community 0 s Lions of Miami, Inc. a Florida not r mfit •*�.'`/ B : Tamika Lewis Title: Chief Operating Officer "City" CITY OF MIAMI, a Florida municipal corporation By: P By: rcrfLur' Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: Cart. roc tU1tisowd III George Wysong III 25-254 City Attorney REQUIREMENTS: By: L1u 9 do David Ruiz Risk Management Director, Interim 3 EXHIBIT A CUSTODIAL SERVICES AT MIAMI CITY HALL SCOPE OF WORK BACKGROUND The City of Miami requests the following specification be fulfilled to perform all custodial services, including the provision of all labor, supervision, cleaning suppliers, paper products, including toilet paper and hand paper towels, garbage can liners, hand soap, and any other materials necessary for the complete servicing of the City Hall facility in accordance with the following specifications. Any and all products utilized throughout all facility in the performance of the responsibilities shall be of sufficient quality to effectively perform all duties. Failure to provide paper products or other supplies of at least minimal quality may be deemed insufficient by the General Services Administration Department and shall be replaced by other product(s) when required. Failure to comply with these minimum requirements during the Contract term may result in the termination of the contract with the City; the City may, however, at its sole discretion permit remedy of the deficiencies. DEFINITIONS Common house service/janitorial definitions: a) Damp Wipe: Remove all surface dirt with a damp cloth. b) Dust: Remove all loose dirt and debris from a given area/surface. Treated cloths shall be used in telephone equipment rooms and similar areas. Laundered -type or disposable treated cloths shall be used in other areas. c) Dust High: Dusting above eye level. d) Dust Mopping: Sweeping procedure with short stringed dust mop. Empty and remove contents and wipe interior and exterior with a damp cloth to remove all dust. e) Mop (Damp/Wet): Remove all surface dirt and stains with a cotton mop and warm, clean water utilizing an approved cleaning agent when required and then rinsing. f) Police: Pick up debris and surface litter. g) Polish: Apply approved polish and rub to a high luster with dry cloth h) Public Area: Any area jointly used by employees and/or the public. Also referred to as a common area. Normally a common area is an area used by all employees of a given area or facility but not necessary visitors and /or the public. i) Scavenge: To salvage from discarded or refuse material. j) Spot Clean: Removal of fingerprints, stain smudges, gum, and marks from walks, walls, carpets, doors, furniture, glass, floors, and fixtures. k) Spray Buff: Buffing in conjunction with spray application of liquid to remove surface marks and improve appearance utilizing a nylon pad and minimum moisture. DETAILED SPECIFICATIONS Location Miami City Hall, 3500 Pan American Drive, Miami, FL 33133 Facility Info This facility is a Class B building of 27,650 square feet (sq. ft.). 20,885 sq. ft. is carpeted, 6,535 sq. ft. is terrazzo and tiled floor, and 230 sq. ft. is vinyl flooring. The outside terraces, concrete sidewalks, and concrete patios measure to approximately 10,600 square feet. The proposed pricing shall be based upon the building being at full capacity with regards to square footage, 50 daily occupants, and an estimated 150 daily visitors. It is expected that the contractor maintain all exterior sites of the Miami City Hall. These responsibilities include the policing and picking up of all litter and trash in the parking area. Hours of Operation: The normal business hours are from 8:OOAM through 6:OOPM, Monday through Friday, excluding weekends and holidays. Work by employees after hours, weekends, and/or holidays can be anticipated. Janitorial personnel will not be required to work on holidays observed by the City. Physical Requirements All janitorial personnel must have the physical strength to perform the requirements as specified in this scope of work, in a safe and timely manner. All personnel shall also be competent in the skills required to perform all requirements of the scope. The minimal physical/language requirements for daytime custodians are as follows: a) Sustained and heavy physical activity b) Properly lifting a fifty (50) pound carton from the ground to chest level, walking fifty (50) feet, and then properly sitting down the carton on the ground. c) Without breathing difficulty and other physical limitations, climb stairs and return to ground level without stopping. d) Without difficulty, carrying a 24 foot extension ladder a distance of fifty (50) feet, setting same up by properly extending ladder to its maximum height, climbing to a point where the top rung can be touched, and returning to the starting point. e) Readily discerning the colors of red, green, and yellow/amber. f) Speaking, reading, and writing English without difficulty. The contractor shall be required to provide all cleaning products, paper products and all other supplies necessary to perform all requirements of the Contract. Contractor must provide all equipment necessary to dust higher level window mullions and remove spider webs on a daily basis. Equipment is to remain on the property at all times for the duration of the contract. Specific Area Requirements Lobby; 1", and 2nd floor; Commission Chambers: a) Clean all glass of smudges and fingerprints up to eight (8) feet high on a daily basis; including lobby display case, picture frames, and signage displays. b) Polish all hardware on a daily basis. c) Dust and spot clean security guard's desk. d) Dust mop all hard surfaces on a daily basis. e) Vacuum and spot clean all carpeting on a daily basis. f) Empty all trash receptacles and replace all liners on a daily basis; wash if required. g) Clean and polish all drinking fountains and telephone housings and telephones on a daily basis. h) Vacuum and spot clean all furniture on a daily basis. i) Edge vacuum (using crevice tool) and clean all baseboards on a daily basis. j) Fully clean all glass entrance doors, inside and outside, on a daily basis. k) Spot clean all horizontal and vertical surfaces. I) Remove spider webs on a weekly basis Hallways (Main and Secondary): a) Vacuum and spot clean all carpeting on a daily basis. b) Spot clean all walls, doors, glass, horizontal, and vertical surfaces and remove spider webs on a daily basis. c) Empty all trash and recycling receptacles and replace all liners on a daily basis; wash if required. d) Clean and polish all drinking fountains on a daily basis. e) Dust mop all hard surfaces on a daily basis. f) Vacuum edge (using crevice tool) and clean all baseboards as required on a daily basis. g) Dust all light fixtures and vents on a quarterly basis. Elevator: a) Clean and polish all elevator walls, doors, and panels both inside and out on a daily basis. b) Damp mop elevator floor on a daily basis. c) Clean all thresholds (metal runner between cab floor and lobby floor) on a weekly basis. Parking Lot and Outside Areas: a) Empty all trash and recycling receptacles and replace all liners on a daily basis; wash if required. Liners are not to be used for recycling containers. b) Police all outside areas, to include the emptying of all trash and recycling receptacles, the replacement of liners on a daily basis; washing of the same if required. c) Vacuum all entrance area mats to the main facility on a daily basis. d) Spot clean all doors of the main lobby, both inside and outside, and all doors of the main facility on a monthly basis. Restroom and Kitchen: a) Mop floors on a daily basis. b) Sanitize and polish all fixtures on a daily basis. c) Wash, disinfect, and polish all seat and seat bottoms on all commodes on a daily basis. d) Disinfect all commode and urinal bowls reaching under the rims on a daily basis. e) Clean all bright work and outside of the commodes, urinals, and dispensers on a daily basis. f) Sanitize all sinks and all hardware using non-abrasive cleaners on a daily basis. g) Spot wash all walls by sinks and splatter areas on a daily basis. h) Spot clean all commode partitions and doors, inside and outside on a daily basis. i) Damp clean and polish all mirrors on a daily basis. j) Clean all sink and sink hardware on a daily basis. k) Wipe down all coffee pots, microwave ovens and refrigerators on a daily basis. I) Clean inside all microwave ovens and refrigerators, if applicable on a daily basis. m) Empty all trash and recycling receptacles and replace all liners on a daily basis; wash if required. Trash and recycling shall not be mixed. Liners will not be used for recycling containers. n) Refill all dispensers and replenish all paper supplies on a daily basis. o) Spot clean all trash and recycling receptacles on a daily basis. p) Fully wash all walls, partitions, and doors on a weekly basis. q) Clean all corners and baseboards on a monthly basis. r) Dust all Tight fixtures and vents on a quarterly basis. Stairways: a) Sweep on a daily basis (landings and stairs). b) Damp mop on a daily basis (landing and stairs). c) Wipe down handrails with an appropriate cleaner on a daily basis. d) Dust tops of all light fixtures on a daily basis. Patios and Planter Areas: a) Sweep and damp mop all hard surfaces on a daily basis. b) Police all the areas on a daily basis. c) Empty all trash and recycling receptacles and replace all liner on a daily basis; wash if required. d) Spot clean all glass on a daily basis, as required. e) Spot clean all horizontal and vertical surfaces on a daily basis. f) Dust all light fixtures and vents on a daily basis. g) Planters found outside of buildings shall be policed, on a daily basis, for trash and garbage such as cigarette butts. Office areas and other areas not otherwise specified: a) Sweep on a daily basis. b) Vacuum weekly, or mop as needed. c) Empty all trash and recycling receptacles and replace all liners on a daily basis; wash if required. d) Vacuum and spot clean all furniture on a weekly basis. e) Dust all vertical and horizontal surfaces on a weekly basis. f) Dust all blinds on a monthly basis. g) Dust all light fixtures and vents on a quarterly basis h) Complete inside cleaning of all windows and office area windows on a quarterly basis. Trash Cans/Recycling Bins All employees should have one (1) trash receptacle and one (1) recycling receptacle (cardboard container/tray, plastic waste -type container, etc.). Recycling receptacles are to be emptied nightly and returned to the employee's desk. Work areas in need of a waste receptacle will be furnished by the Contractor. Contractor will invoice the City, at a reasonable rate, for the item on the monthly invoice for regular service. The City reserves the right to accept or reject the cost of said receptacle(s), and purchase one directly. Liners are not to be used for recycling containers. Additional duties: a) Spot clean all trash and recycling receptacles on a daily basis. b) Spot clean all carpeting and hard surfaces on a daily basis. c) Spot clean all vending machines on a daily basis. d) Clean and polish all vending machine surfaces on a daily basis. e) Vacuum all edges (using crevice tool) and clean baseboards on a daily basis. Employee's desks are to be dusted as practically as possible. Items that are left on the desk by the employee (i.e. papers, equipment, etc.) are not to be moved. Employee's personal items are not to be dusted or cleaned. Safety and Energy Conservation: a) Night shift custodial personnel shall, upon completing their tasks on a daily basis, perform the following: b) Turn off all light switches/desk lamps c) Turn off all appliances, including but not limited to: radios, water fountains, coffee pots, etc. If unable to turn off, unplug said appliance. Computers, fax machines, printers, and other related office equipment shall not be unplugged or turned off. d) Close all doors and if applicable, lock the door. e) Denote all damage/defects such as damage to walls, burnt out bulbs, broken water pipes, defective door hardware, etc.). f) Holiday decorations are to be unplugged. Deficiencies The Supervisor shall denote all deficiencies observed, noted, or encountered in a log. Deficiencies shall include janitorial related items as well as anything of importance or interest that the Supervisor deems necessary to advise the City Project Manager. The deficiencies include, but are not limited to, problems with doors/locks, elevators, plumbing, lights, windows, etc. The City will provide the Log and instructions for its use. Personnel A sufficient number of personnel are required to perform all the terms and conditions of this scope on a daily basis, Monday through Friday, with work scheduled for after hours and weekends minus holidays for the Contract period. At a minimum, one (1) individual will serve in the capacity of On -Site Supervisor to manage the nightly crew. The Supervisor's responsibility shall be to supervise and as such may be involved in the hands-on janitorial functions only if it does not interfere with the ability to complete supervisory duties. An On - Site Supervisor will be required on Saturdays, Sundays and holidays for scheduled monthly, quarterly, and annual work as determined by the City. The Supervisor will be available via telephone on an immediate basis and this individual shall be able to communicate effectively with the City's Project Manager, or designee. The Supervisor must have the capability to effectively communicate in English with the Project Manager or designee, verbally and in writing. Supervisor shall denote the completion of all monthly, quarterly, semiannual or annual duties in a log. Contractor shall provide this log. Labor and Work Hours The number of daytime janitors will be established at the onset of the Contract by the City's Project Manager. There shall be at a minimum, one (1), employee for the daytime shift on any given day. The City and Contractor, together, will determine the number of personnel, the hours per day and the days per week for daytime janitors. For the purpose of this contract, the Contractor will estimate costs for one (1) daytime janitor for 250 days per year, at eight (8) hours per day, Monday through Friday. In the event of a change, a ten (10) working day notice will be afforded. Regular hours are defined as forty (40) hours per week. Overtime hours will be defined as any hours worked beyond the 40th hour in a week. Nighttime hours are designated from 5:OOPM through 6:OOAM, Monday through Friday. Nighttime personnel are the responsibility of the Contractor and will be supervised by the Contractor's On -Site Supervisor. Contractor will be advised when nighttime services are needed. Project Manager Upon award, the City will designate a Project Manager from the General Services Administration Department. This Project Manager will be the primary contact for the Contractor for all issues related to the resultant Contract for custodial services at Miami City Hall. EXHIBIT B UCO Proposal and Price Structure THIS PAGE INTENTIONALLY LEFT BLANK united community options 11, OF MIAMI February 07, 2025 City of Miami Attn: Annie Perez, CPPO 444 SW 2nd Avenue 6th Floor Miami, FL 33130 Re: Supplier # 29980 Dear Director/Chief Procurement Officer Perez, 1411 NW 14th Avenue Miami, FL 33125 P: 305-325-1080 F: 305-325-1044 www.unitedcommunityoptionssfl.org United Community Options of Miami (UCO) is pleased to have provided housekeeping services for Miami City Hall for over 20 years. Thank you for allowing UCO to once again prepare a proposal for custodial services at Miami City Hall. The City of Miami has always been a leader in providing opportunities for integrated employment in our community and supports the goal of adults with disabilities becoming contributing members of the community through employment. UCO has maintained an active presence in the Miami -Dade County Community since 1947. UCO strives to enable all children and adults with disabilities, as well as typically developing children and adolescents, and their families to reach their greatest potential and achieve rewarding and productive lives as fully participating and contributing members of their communities. City Hall hosts seven commission meetings per year, eighty plus board meetings, tours as well as special events such as the annual Tree Lighting and Holiday Festival. Our workers take pride in ensuring that Miami's City Hall is the shining gem of the Magic City. Your time and consideration in reviewing and accepting this proposal is greatly appreciated. Best regards, Pam Miller, Associate Director United Community Options of Miami Re: Supplier # 29980 Q agency for persons with disabilities s�, r,• <� PHA„ rda WE SEE ABILITY• THE CHILDREN'S TRUST SERVICE RATES UCO proposes providing custodial services at Miami City Hall following the current scope of service established under the contract awarded in 2020 including the provision of labor, supervision, cleaning supplies, paper products (including toilet paper, hand paper towels, garbage can liners, and soap) and any other materials necessary for the complete servicing of the City Hall facility. LABOR/SUPERVISION Custodial Job Coach Supervisor: $19.57 per hr. with benefits Custodial Job Coach: $17.51 hr. with benefits Disable workers: Two (2) workers, six (6) hours each per day $14.42 per hr. $47,218.49 annually $42,248.12 annually $43,260.00 annually MATERIALS/EQUIPMENT Supplies Cleaning Supplies and Paper Products: Including but not limited to toilet paper, hand paper towels, garbage can liners, soap, etc. 7% Administrative Cost: ANNUAL TOTAL: $16,995.00 annually Sub Total: $149,721.61 $10,480.51 annually $160,202.12 EXHIBIT C City Insurance Requirements Contractor's Certificate of Insurance I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000.00 General Aggregate Limit $2,000,000.00 Personal and Adv. Injury $1,000,000.00 Products/Completed Operations $1,000,000.00 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000.00 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit IV. Crime Coverage — Insuring Agreements 1 & 2 (Employee Theft and Forgery and Alteration) Limits of Liability $1,000,000.00 City of Miami listed as loss payee The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, on 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. EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA WHEREAS, United Cerebral Palsy Association of Miami, Inc. D/B/A United Community Options of Miami ("UCO"), a Florida not for profit corporation, desires to 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 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 Tamika Lewis, Ph.D. (Name), the Chief Operating Officer (Title/Position) is hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 151day of July, 2025. UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC. D/B/A UNITED COMMUNITY OPTIONS OF MIAMI ("UCO") A FLORIDA NOT FOR PROFIT Corporation By: Print Name: _L, Y1 c4 C /2c_k Title: Plie/C16v/'� Print Name: S-FP f IA01 ✓1 1( v di-E Z (Sign) (Sign - Attest) STEPHANIE VELEZ ? • � �. Notary Public State of Florida of Commission k HH 290929 '.„9F...` . My Comm. Expires Jul 21, 2026 Bonded through National Notary Assn. 1 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-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 Affidavit. Nongovernmental Entity: United Cerebral Palsy Association of Miami, Inc. Name: Tamika Lewis, Ph.D. Signature of Officer: Office Address: Email Address: Tamikai@uco-ucpsfl.org FEIN No.SA-Ol47/3/11$f2i2.- STATE OF FLORIDA COUNTY OF MIAMI-DADE icer Title: Chief Operating Officer Main Phone Number: 305-325-1080 The foregoing instrument was sworn to and subscribed before me by means of4 physical presence or O online notarization, this Ili day of 1./ , bra 11'A LeiAjla the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced -)(111P,A6 tic d er fication. (NOTARY PUBLIC SEAL) My Commission Expires: ©! /el/?07 4.. Signatur'oflFerson Taking Oath f (Printed. Typed, or Stamped Name of Notary Public) STEPHANIE VELEZ Notary Public - State of Florida Commission # H 1290929 ` My Comm. Expires Jul 21, 2026 Bonded through National Notary Assn. 0 EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us AGENDA ITEM SUMMARY FORM File ID: #17412 Date: 03/27/2025 Commission Meeting Date: 06/17/2025 Requesting Department: Department of General Services Administration Sponsored By: Damian Pardo District Impacted: District 2 Type: Resolution Subject: Bid Waiver - Custodial Services - City Hall - United Cerebral Palsy Purpose of Item: The nature of this item is to approve a resolution of the Miami City Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and approving the City Manager's recommendation and written findings, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") to establish a contract for the provision of custodial services ("Services") at City Hall by United Cerebral Palsy Association of Miami, Inc. d/b/a United Community Options of Miami ("UCO") for the City's General Services Administration Department ("GSA"), for a period of three (3) years with the option to renew for two (2) additional one (1) year periods, allocating funds from account no. 05001.242000.534000.0000.00000 and other funding sources, subject to the availability of funds and budget approval at the time of need; further authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, and extensions subject to all allocations, appropriations and budgetary approvals having been previously made, compliance with applicable provisions of the code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: In September of 2014 and November 2019, UCO was awarded a contract to provide custodial services for City Hall. The mission of UCO is to positively impact the quality of life for people with cerebral palsy and other developmental disabilities and their families, as well as others with similar needs, by providing support and services with aide in the achievement of their goals and desires. UCO works to provide programs and services which meet the special needs of each child and adult, nurturing their talents and abilities in order to help them reach their greatest potential. UCO believes that regardless of the physical and mental challenges they may face, individuals with disabilities are entitled to live in and belong to a community where they are accepted and included with dignity and respect. In continued support of this social cause, this request would constitute the continued assignment of City Hall custodial services to United Cerebral Palsy Association of Miami, Inc. dba United Community Options of Miami. The annual cost of services will have a value of $160,202.12 ($801,010.60 for the entire term including options to renew). Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $160,202.12 General Account No: 05001.242000.534000.0000.00000 Reviewed B Department of General Services Administration Review Completed 05/16/2025 11:32 AM Office of Management and Budget Jacques Joseph Office of Management and Budget Department of Procurement City Manager's Office City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission City Commission Marie Gouin Annie Perez Barbara Hernandez Natasha Colebrook -Williams Valentin J Alvarez Arthur Noriega V Thomas M. Fossler George K. Wysong III Nicole Ewan Maricarmen Lopez Jennifer Ramirez Budget Analyst Review Budget Review Procurement Review Assistant City Manager Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Meeting Department Head Completed 05/16/2025 3:40 PM Completed 05/19/2025 9:02 PM Completed 05/29/2025 5:48 PM Completed 06/02/2025 11:12 PM Completed 06/03/2025 10:00 AM Completed 06/03/2025 11:52 AM Completed 06/03/2025 5:58 PM Completed 06/03/2025 6:08 PM Completed 06/03/2025 6:24 PM Completed 06/12/2025 9:00 AM Completed 06/17/2025 9:00 AM City of Miami Legislation Resolution Enactment Number: R-25-0197 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17412 Final Action Date:6/17/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR THE PROVISION OF CUSTODIAL SERVICES AT CITY HALL ("SERVICES") BY UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC. D/B/A UNITED COMMUNITY OPTIONS OF MIAMI ("UCO") FOR THE CITY'S GENERAL SERVICES ADMINISTRATION DEPARTMENT ("GSA"); ALLOCATING FUNDS FROM ACCOUNT NO. 05001.242000.534000.0000.00000 AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH UCO FOR THE SERVICES FOR A TERM OF THREE (3) YEARS WITH TWO (2) ADDITIONAL ONE (1) YEAR RENEWALS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHERAS, the City of Miami ("City")'s General Services Administration ("GSA") has a continued need for the provision of custodial services at City Hall ("Services"); and WHEREAS United Cerebral Palsy Association of Miami, Inc. dba United Community Options ("UCO") has a mission to positively impact the quality of life for people with developmental disabilities and similar needs via the provision of employment opportunities such as the provision of said Services; and WHEREAS, the City has previously awarded contracts to UCO in September of 2014 and November 2019; and WHEREAS, the City still requires the Services and wishes to continue to support the mission of UCO; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has waived competitive sealed bidding methods by making a written finding, attached and incorporated as Exhibit "A," that competitive sealed bidding is not practicable or is not advantageous to the City with reasons supporting the same; and WHEREAS, said written findings requires ratification, confirmation, and approval by the City Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written finding, attached and incorporated as Exhibit "A," that the requirements for competitive sealed bidding methods are not practicable or advantageous to the City, and waiving said requirements pursuant to Section 18-85(a) of the City Code, are ratified, confirmed, and approved. Section 3. Funds will be allocated from General Services Administration ("GSA") Account No. 05001.242000.534000.0000.00000 and other legally available funding sources, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute a contract, in a form acceptable to the City Attorney, with UCO for the provision of the Services for term of three (3) years, with two (2) additional one (1) year renewals. Section 5. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to allocations, appropriations, prior budgetary approval, and compliance with applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti - deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and in compliance with applicable regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The authorization herein is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. UCOSOFL-01 BNEWMAN ACORO �� CERTIFICATE OF LIABILITY INSURANCE MMID ( DATE D/YYYY) MMID25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Peter Herron -Brown NAME: Non -Profit Insurance Services PHONE 321 800-5339 FAX 407 936-2482 20 N. Orange Ave., (Alc, No, Ext): ( ) (A/C, No): ( ) Suite 500 E-MADDRESS: peter.herron-brown@npis.com Orlando, FL 32801 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Florida Insurance Trust 27272 INSURED INSURER B : United Community Options Of South Florida INSURER C : 2700 West 81 st Street INSURER D : Hialeah, FL 33016 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID L I I ED ABOVE FOR THE POLICY PERIOD UMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, INSR LTR ADDL SUBR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF PO I (MM/DDIYYYY) (IypI11D ) LIMITS A X COMMERCIAL GENERAL LIABILITY FITGL-33661-2025 o �/� �� EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X 6/1/22 24&5/1/2026 DAMAGET(EaoecurDence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-LOC OTHER: JECT GENERAL AGGREGATE PRODUCTS -COMP/OP AGG $ 3,000,000 $ 3,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY V FITAU-33661-2D0 O COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ 6/1/2025 6/1/2026 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA EXCESS DED LIAB LIAB RETENT OCCUR CLAIMS -MADE ON $ �� o EACH OCCURRENCE AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below FITWC-33661-2025 STATUTE PER OERH 6/1/2025 6/1/2026 E.L. EACH ACCIDENT 2,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ A A Professional Abuse/Misconduct FITGL-33661-2025 FITGL-33661-2025 6/1/2025 6/1/2026 Aggregate 6/1/2025 6/1/2026 Aggregate 3,000,000 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City Of Miami is listed as Additional Insured with respect to claims arising out of the operations of the Named Insured. Coverage is on a primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION CityOf Miami 444 Southwest 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: To: Cc: Subject: Date: Attachments: Gomez Jr., Francisco (Frank) Gandarilla, Aimee Quevedo, Terry; Aviles, Yesenia RE: COI United Cerebral Palsy Tuesday, August 12, 2025 9:44:56 AM image002.pnq image003.pnq Good morning Aimee, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 416-1740 Office (305) 416-176o Fax fgomez@miamigov.com <<° o� "Serving, Enhancing, and Transforming our Community" From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Tuesday, August 12, 2025 9:36 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Olivera, Rosemary From: Gandarilla, Aimee Sent: Monday, September 29, 2025 12:21 PM To: Hannon, Todd Cc: Olivera, Rosemary; Ewan, Nicole; Brown, Sadie; Fossler, Thomas; Johnson, Antiwonesha Subject: Executed PSA United Community Options of Miami, Inc Custodial Services City Hall (matter 25-254) Attachments: PSA United Community Options of Miami, Inc Custodial Services City Hall (matter 25-254).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. Antiwonesha: Please close Matter 25-254. Thank you, Aimee g,a,n.d anittai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miamigov.com "Serving, Enhancing, and Transforming our Community" i