HomeMy WebLinkAboutReso 2020-3075 RESOLUTION NO. 2020 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING A FIRST
AMENDMENT TO THE AGREEMENT WITH FPI SECURITY
SERVICES, INC. TO PROVIDE A CUSTOMER SERVICE
AMBASSADOR FOR THE PIER PARK PARKING LOT, IN A TOTAL
AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS
($60,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City issued and advertised Request for Proposal No. 18-03-01 ("RFP")
for a Pier Park Parking Lot Attendant and received five (5) responses, and it was determined that
FPI Security Services, Inc. ("Contractor") was the lowest responsible, responsive bidder; and
WHEREAS, on June 21, 2018 via Resolution No. 2018-2828, the City Commission
awarded the RFP to, and entered into an Agreement with, the Contractor in an amount not to
exceed$120,000.00 for an initial term of two (2) years; and
WHEREAS, the City Manager, being satisfied with the services performed by the
Contractor, exercised his authority to renew the agreement for an additional one (1) year period,
of which two (2) renewal periods remain; and
WHEREAS, the City Commission now wishes to ratify a First Amendment to the
Agreement with FPI Security Services, Inc. to provide a bilingual Customer Service Ambassador
for the Pier Park Parking Lot, in an amount not to exceed Sixty Thousand Dollars ($60,000.00),
bringing the total contract amount not to exceed One Hundred Eighty Thousand Dollars
($180,000.00), attached hereto as Exhibit"A".
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of First Amendment. The City Commission hereby ratifies the First
Amendment to the Agreement with FPI Security Services, Inc. to provide a bilingual Customer
Service Ambassador for the Pier Park Parking Lot, in an amount not to exceed Sixty Thousand
Dollars ($60,000.00), bringing the total contract amount not to exceed One Hundred Eighty
Thousand Dollars ($180,000.00), attached hereto as Exhibit"A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18`h day of July 2020.
R2020 First Amend w FPI Security Services for Parking Lot Attendant Page 1 of 2
. ----\yz.„...,
e/ George H. Scholl, Mayor
ATTEST
S
Mauricio Betancur, CMC, City Clerk
)1„,
APPROVED AS TO FORM AND
LEGAL CIENCY:
OC-
Edward
A. Dion, City Attorney
" Ke/47/4/17?fecondedDv d.
Moved by: f�1��SS(��ti� by: le �
Vote:
Mayor Scholl /(Yes) (No)
Vice Mayor Svechin V(Yes) (No)
Commissioner Goldman ✓(Yes) (No)
Commissioner Lama ✓(Yes) (No)
Commissioner Viscarra L/(Yes) (No)
R2020 First Amend w FPI Security Services for Parking Lot Attendant Page 2 of 2
S„dHY ,CF
A= FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND FPI SECURITY SERVICES INC
. `'FFLO•'�F CONTRACT NO. 6826-089-1
O. SUN
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and FPI SECURITY SERVICES, INC., ("Contractor") executed this IZrr' day of
2020, is made a part of the original Agreement dated June 21, 2018, Contract
No. 6826-089 ("the Agreement"), attached hereto as Attachment "A", between the City and Contractor,
whose Federal Identification # is 37-1499692. The City and Contractor hereby agree as follows:
1. OPTION TO RENEW. The City hereby elects to exercise its first option to renew for one
(1) year as set forth in Section 3 of the original Agreement, which is incorporated herein by reference.
The effective date of this first amendment shall commence on July 1, 2020, and shall tenninate no later
than June 30, 2021. There will be two (2) additional renewal terms remaining as per the original
Agreement.
2. ADDITIONAL COMPENSATION. Effective July 1, 2020, the payment to Contractor, is
hereby amended to include additional compensation of Sixty Thousand Dollars ($60,000.00) for the
term commencing on July 1, 2020, and tenninating no later than June 30, 2021, thereby increasing the
total contract amount to One Hundred Eighty Thousand Dollars ($180,000.00).
3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited.
Contractors must certify that the company is not participating in a boycott of Israel. Any contract for
goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option
if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July
1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B".
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error, then the City shall have the right to terminate
the contract and seek civil remedies pursuant to Florida Statute Section 287.135.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated June 21, 2018, shall remain
in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the
date mentioned above.
IVIT Ss
Sinnat� 'e
Depaitmel� Head
FPI SECURITY SERVICES, INC
FPI SECURITY SERVICES, INC.
Daniel Gonzalez, Vice President
CITY OF SUNNY ISLES BEACH
BY:
Qhris4thZerJ.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: --_
Bdrward A. Dion, City Attorney
Page 2
kS,HNI' /t(pf
O rte`- II
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND FPI SECURITY SERVICES. INC.
11 CONTRACT NO. 6826- 089
THIS AGREEMENT (hereinafter referred to as the `'Agreement") is made in duplicate,
this Zt! day of June, 2018, by and between the CITY OF SUNNY ISLES BEACH,
(hereinafter referred to as "City"), and FPI SECURITY SERVICES, INC., a corporation
authorized to do business in the State of Florida (hereinafter referred to as "Contractor")' whose
Federal I.D. # is 37-1499692.
RECITALS
WHEREAS, the City is in need of an onsite parking lot attendant to provide traffic control
at the City's Pier Parking Lot ("Services"), as more particularly described in Request for Proposal
No. 18-03-01, which is incorporated herein by reference; and
WHEREAS, the City issued Request for Proposal ("RFP'') No. 18-03-01 ("RFP") for Pier
Parking Lot Attendant ("Services") and Contractor was selected as the lowest responsible,
responsive bidder; and
WHEREAS, the Contractor is qualified, willing and able to provide the Services on the
terms and conditions set forth herein; and
WHEREAS, the City desires to contract with Contractor to provide the services in a total
amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00) during the initial two
year term of this Agreement.
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and
made a part hereof for reference.
2. SERVICES. Contractor shah provide a bilingual (English and Spanish) onsite parking lot
attendant to interact with visitors seven (7) days per week and federal holidays from 9:00am to
7:00pm and from time to time the City may require one (1) or more parking attendants for special
events or services, at the rate of Fifteen Dollars ($15.00) per hour, as more particularly described
in Attachments "A". The Servicesshall be performed by Contractor to the fiill satisfaction of the
City. Contractor agrees to have a qualified representative to audit and inspect the Services
provided on a regular basis to ensure all Services are being performed in accordance with the City's
needs and pursuant to the terms of this Agreement, and shall report to the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any problems
that could cause damage to the City's property, improvements and persons. Contractor will require
its employees to perform their work in a manner consistent with the type and scope of work to be
performed.
3. TERM. Subject to the provisions relating to the termination of this Agreement.as set
forth hereunder, the term of this Agreement shall commence upon the date stated in a Notice to
Proceed from the City Manager or designee and end no later than June 30, 2020. The initial term
6826-089 FPI SECURITY SERVICES, NC.
Attachment "A"
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
shall be for two (2) years with three (3) additional one (1) year renewal period for a maximum of
five (5) years. 4
4.- COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed under this Agreement, Sixty Thousand
Dollars ($60,000) per year in an amount not to exceed One Hundred Twenty Thousand Dollars
($120,000.00), which represents Services provided seven (7) days per week including federal
holidays from 9:00am to 7:00pm, and from time to time as the City may, the City may require,
throughout the year at the rate of Fifteen Dollars ($15.00) per hour, as described in Attachment
"A" which is incorporated herein by reference. Payment to Contractor for all charges and tasks
under this Agreement shall be in accordance with this Agreement and the schedule of charges
reflected under the following conditions. The City shall not -be billed for missed hours. Payment
to Contractor for all charges and tasks under this Agreement shall -be in accordance with this
Agreement and the schedule of charges reflected under the following conditions:
Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payments shall
made only after completion of each monthly service period. If services have been
rendered in conformity with the Agreement, the invoice will be sent to the Finance
Department for payment. Invoices must reference the contract number assigned
hereto. .Invoices will be paid in accordance with the State of Florida Prompt
Payment Act. The City will pay properly submitted Contractor invoices within 30
(thirty) days of receipt, for completed and accepted deliveries or specified services
and/or goods, unless the City notifies the Contractor in writing of the dispute, before
the payment is due.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an armual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, during any
year under this Agreement, the City may unilaterally terminate any and all
contractual or other obligations herein without any further liability or penalty upon
twenty (20) days' notice to Contractor.
d. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state '`final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
6826-089 FPI SECURITY SERVICES. INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
5. PENALTIES FOR NON-COMPLIANCE WITH MINIMUM STAFFING
REQUIREMENTS OR HOURS OF OPERATION. In the event Contractor does not strictly
comply with the minimum staffing and/or hours of operations requirements as required by Section
3.3 of Request for Proposal No. 18-03-01, which is incorporated herein by reference, during any
normal assigned working day and/or special event %vorking day, then the Contractor shall forfeit
Two Hundred Dollars ($200.00) in compensation per occurrence as a result of said breach. The
compensation forfeited as a result of said breach shall be deducted from any invoices submitted
by Contractor for payment. Breach shall include failure to provide security coverage at the
designated parking site by any officer for any reason except for Acts of God, and until such time
as a qualified pre -approved officer arrives on duty. For the purpose of this section, Acts of God
means hurricanes, tropical storms, tornadoes, fire, flood, earthquakes, tsunami, hail or natural
catastrophe. The penalty assessed shall be added to any invoices submitted by Contractor for
payment during the violation period. A breach shall be deemed to have occurred if Contractor
does not provide at least one (1) parking attendant during any normal assigned working day or
does not provide the minimum number of required parking attendants for any special event
working day. Additionally, a breach shall be deemed to have occurred if the assigned parking lot
attendant(s) leaves early or arrives late without advanced written approval from The City.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
agreement'or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
pay Social Security services and that such obligations shall be that of the Contractor, other than
those set forth in this agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, or employees, as indicated below:
6826-089 FPI SECURITY SERVICES: INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
0 Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, premises and
completed operations, independent contractors, broad form property damage, broad
form contractual coverage, personal injury coverage with employee and contractual
exclusions removed, with minimum limits of coverage equal to those required for
bodily injury liability and property damage liability, with primary limits of One
Million Dollars -($1,000,000) per occurrence and Two Million Dollars
($2,000,000.00) aggregate during the initial and any renewal term of this
Agreement.
o Worker's Compensation Insurance for statutory obligations imposed.by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the
United States Longshoremen's and Harbor Worker's Act, the Federal Employers'
Liability Act and the Homes Act. Employer's Liability shall be provided with a
minimum of One Million Dollars ($1,000,000.00) per accident.
0 Umbrella insurance above the comprehensive general liability for minimum limits
of not less than One Million Dollars ($1,000,000) per occurrence during the initial
and any renewal term of this Agreement.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City Manager or his designee. All insurance
policies and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. Contractor shall also require and ensure
that each of its sub -contractors providing services hereunder (if any) procures and maintains, until
the completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shal l have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
4
6826.089 FPI SECURITY SERVICES; INC.
City of Sunny Isles Bedch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor (s)) shall be
delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined. Additionally, in the event of
termination by the City, whether for cause or convenience, the Contractor shall
only be entitled to compensation for Services satisfactorily performed prior to
the date of termination and shall not be entitled to any damages for the
remaining unexpired term of the Agreement. Finally, in no event shall the
Contractor, including any party related thereto or affiliated therewith, be
entitled to any indirect, incidental, consequential, punitive or special damages,
including but not limited to, lost profit.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above
shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either
in voluntary or involuntary bankruptcy or makes any assignment for the benefit
of creditors.
D. Termination for Abandonment. The City reserves the right to terminate the contract
and any remaining Services to be performed in the event that a security officer
abandons the designated post for any reason, upon written notice.
9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall
be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue
for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
6826-089 FPI SECURITY SERVICES, INC.
City of Sunny Isles Burch 18070 Collins Avenue, Sunny Isles Beach, Florida -33 160
(305) 947-0606 phone (305) 949-3113 Fax
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
10. • WAIVER -OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of under, on or in
connection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Ave. Fourth Floor
City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160
18070 Collins Ave. Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
If to the
Daniel Gonzalez
Contractor:
Vice President
FPI Security Services, Inc.
1776 West 38" Place
Hialeah, Florida 33012
Tel : (305) 827-4300
Fax : (305) 826-7741
dgonzalez@fpisecurity.com
6826-089 FPI SECURITY SERVICES. INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
13. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance. The Contractor will take affirmative action to insure that
all employment practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the City
setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply
with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
Federally assisted program.
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of the Services. The
Contractor further covenants that in the performance of this Agreement, no person having any such
interest shall knowingly are employed by the Contractor. The Contractor guarantees that he/she
has not offered or given to any member of, delegate to the Congress of the United States, any or
part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts, errors, mistakes or omissions related to professional services in the
6826-089 FPI SECURITY SERVICES. INC.
City of Scaury Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
performance of this Agreement including any person for whose acts, errors, mistakes or omissions
the Contractor may legally liable. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
prevail and be given superior effect and priority over any conflicting or inconsistent term,
statement, requirement or provision contained in any other document or attachment, including but
not limited to Attachment "A".
19. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall 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 by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Contractor shall 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 contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, 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. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of 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 THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
6826-089 FPI SECURITY SERVICES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Suany Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
RECORDS AT (305) 792-1703, CityClerk@sibf1.net,18070 Collins Avenue, 4 1
Floor, Sunny Isles Beach, Florida 33160.
20. PROHIBITION AGAINST CONTRACTING. Pursuant to Florida Statutes Section
217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott
Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the
company is not participating in a boycott of Israel. Any contract for goods or services of One
Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered
that the entity submitted false documents of certification, is listed on the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1,
2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's
option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged
in the boycott of Israel.
Contractors must submit the certification that is attached to this agreement. Submitting a false
certification shall be deemed a material breach of contract. The City shall provide notice, in
writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the
City's determination of false certification was made in error, then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725.
21. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is hi writing and signed by the party granting such waiver.
6826.089 FPI SECURITY SERVICES. tN1C.
City of Sunny Isles Beach 18070 Collins Avenue, Surmy Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above,
'MC, City Clerk
10
6826.089 FPI SECURITY SERVICES, INC.
FPI SECURITY SERVICES, INC,
f_
BY:
Daniel Gonzalez, Vice President
CITY OF UNNY I LES BEACH
13Y;
George . Scholl, Mayor
APPROVED AS TO FORM AND
LEGAL SUFKCIENCY
H/ns Ottinot, City Attorney
SECURITY
SERVICEc�c
PROPOSAL FOR
RFP 18-03-01 Pier Park Lot Attendant
r
0.
April 2, 2018
S 14NY
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F L 0
C/TY OF SUN PCO
Presented by:
Daniel Gonzalez
Vice President
Dgonzalez@fpisecurity.com
fpisecurity.com
FPI Security Services
1776 West 38 Place
Hialeah, FL 33012
305-827-4300
ATTACHMENT "A"
ReCelved
APR 0 2 p
City of Sunny Isles (teach
office of the City Clerk
Pr"
ti\O� 8 PRO►fhi
�DlFPI SECURITY SERVICES,
�
M,
9 , y
HAND DELIVERED
Cite of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
April 2, 2018
RE: RFP No. 18-03-01 Pier Park Lot Attendant
To whom it may concern,
We are responding to your request for proposals for Pier Park Lot Attendant at the City of
Sunny Isles Beach facilities, in accordance with the terms, conditions, and specifications
contained in the request. We understand that you wish to contract with a firm to provide the
is requested services to commence upon the date of award and shall expire two years from that date
\vith the option to renew, on a yearly basis, for an additional three years.
Our company is respectfully requesting to be considered for this contract. We have fully
read and understand all the requirements, and conditions of your request. We are confident that
we meet and exceed the required parameters and we are the right company for this partnership
with the City of Sunny Isles Beach. FPI Security Services holds no conflict of interest with City
of Surn.ny Isles Beach, and meets all the requirements; and special conditions of the request. Our
company with over 30 years of experience in this field is nonmally and routinely engaged in
performing such services. We are legally licensed, bonded and insured to perform the work
delineated in the request.
At FPl our customers are our partners. We act with the best interest of the clients first. We
measure our success by how we meet and exceed our client`s expectations and needs. Our
experience, integrity, work ethics, innovations, and productivity have allowed our company to
grow and develop at rates above our competitors. We are a Minority Business Enterprise staffed
with an elite team of over 300 professionals stemming fi-om the field of Military, Police and
Public Safety. Our emphasis on customer service is the genesis and key to our success in this
industry.
�PI Security Services, Inc.
`1770 West 38`" Place, Hialeah FL 33012
PO BOX 12356 Hialeah, FL 33012-1605
�f39Ci0(; o . a��}4 'ty
�`ON g PROrke
V 1 OH
FPI SECURITY SERVICES, INC.4q�� s�aJ
I want to thank you for taking a moment from your valuable time to review this letter. You will
find that not only does FPI meet and exceed your requirements and qualifications; but that our
partnership will be a great benefit to the City of Sunny Isles Beach. Our goal to, "best serve the
interests of our clients' is a perfect fit to this organization. Our company's stability, sense of
responsibility along with our proven methodology has made us an industry leader. We truly
believe that the premier blend of FPI services with the needs of Sunny Isles Beach will set a
benchmark for other municipalities to follow. We have successfully performed similar services
to municipalities such as Coral Gables; Fort Lauderdale; and Hialeah. Our Staff is readily
available to meet with all necessary City personnel to execute the services outlined herein.
In addition, I wish to confirm that FPI is the only entity that will be providing the services
requested, and this proposal is made without collusion with any other person(s), company or
parties submitting a proposal. The signer hereby attests that he has full authority to contract and
bind FPI with City of Sunny Isles Beach.
It is with great admiration to The City of Sunny Isles Beach that we present this Proposal and we.
look forward to a wonderful partnership of service, should we have the privilege of being
awarded this bid.
Sincerely;
Daniel Gonzalez._ JM
Vice President
FP1 Security Services Inc.
*PI Security Services, Inc.
1770 West 381h Place, Hialeah FL 33012
PO BOX 12356 Hialeah, FL 33012-1605
ww. set
CClW CERTIFICATE OF LIABILITY INSURANCE
°ATE IMMID
03/30/200 8 )
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. .If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
NOM ACT MARK S HOERBER FL LIC # Al20671
HONCOMPREHENSIVE
(Ax..No.C.1: (305) 759-0005 F AX
COMPREHENSIVE INSURANCE UNDERWRITERS
'i' Ess: COVE RAG E4U GMAIL.COM
990 NE 92 STREET
INSURER(S) AFFORDING COVERAGE NAICa
MIAMI SHORES, FL 33138-2911
2/1/2018
INSURER A: EVEREST INDEMNITY INSURANCE CO 10851
INSURED
INSURER B: EVEREST INDEMNITY INSURANCE CO 10851
INSURER C: EVEREST INDEMNITY INSURANCE CO 10851
FPI SECURITY SERVICES INC
INSURER O: EVEREST NATIONAL INSURANCE CO 10120
1784 WEST 38TH PLACE
HIALEAH, FL 33012
msyggiz : EVEREST NATIONAL INSURANCE CO 10120
INSURER F: - X • X • X - X • X - X - X - X - X - X • X -
MED EXP (Anyone person) 1510000
COVERAGES CERTIFICATE NUMBER: 100335 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ilii
TYPE OF INSURANCE
ANDD
PV
POLICY NUMBER
MM100
MMIOWYYrr I
LIMITS
A
GENERAL LIABILITY
51GLOO7120-181
2/1/2018
2/1/2019
EACHOCCURRENCE I S 1,000,00.0
PREMISES ES *=(rence) IS500,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS,MAOE 5�OCCUR
MED EXP (Anyone person) 1510000
PERSONAL A ADV INJURY S1,000,000
X CGL
X PR OFESSIONAL LIABILITY
GENERAL AGGREGATE s2,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO $2.000.000
X POLICY jECOT LOC
ERROR'S&CMLSSIONS I S 1,000,000
B
AUTOMOBILE LIABILITY
•
51CA000544-181
2/1/2018
2/1/2019
(Eazecadent)IN Lt:Llhll 51,000,000
BODILY INJURY (Per person) I S
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per aa;den) 15
NON-0WNED
HIREOAUTOS AUTOS
-
T ?
(Peracdden;) s
5
C
UMBRELLALIAR
X X occuR
51CC002777-181
2/1/2018
2/1/2019
EACH OCCURRENCE 62,000,000
AGGREGATE I 62,000,000_
EXCESS LIAR CLAIMS•MADE
S
DED RETENTIONS
D
WORKERS EMPLOYCOMPENSATION ILIT YIN
AND EMPLOYERS' LIABILITY
ANY
OFFICER RIETOR XCTNe RlE ECUTIVEa
(Mandatory in NH)
NIA
5300002413-171
10/1/2017
10/1/2018
X r Y' Li
E.L. EACHACGOENT $1,000,000
E.L. DISEASE - EA EMPLOYEE S1,000,000
II yes, desrADe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT S1,000,000
E
CRIME - 30 BOND
1CR000102-181
2/1/2018
2/1/2019
3RD PARTY LOSS 5500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAhach ACORD 101, AddlOonal Remarks Schedule, If more space is required)
PRIVATE SECURITY AGENCY & GUARD SERVICES ANY & ALL LOCATIONS WITHIN POLICY' TERRITORIAL LIMIT
' WRITTEN SECURITY SERVICES AGREEMENT BETWEEN NAMED INSURED (NI) & CERTIFICATE HOLDER (CH) REQUIRING NI -S
COMMERCIAL GENERAL LIABILITY (CGL) TO RECOGNIZE CH AS ADDITIONAL INSURED IS AUTOMATICALLY AGREED TO UNDER TERMS
OF NI'S CGL POLICY. LIABILITY PERTAINING TO MOBILE EQUIPMENT OPERATION E.G. GOLF CART, SEGWAY, CHERRY PICKER (EYE IN
SKY) & SUCH ARE INCLUDED UNDER THE CGL POLICY TERMS.
IFICATE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF SUNNY ISLES BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
18070 COLLINS AVENUE ACCORDANCE WITH THE POLICY PROVISIONS.
SUNNY ISLES BEACH, FL 33160
AUTHORIZED REPRESENTATIVE
' % yam: !LS✓iaa.
(D1988.2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
4NY
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CONTRACTOR ANTI -BOYCOTT CERTIFICATION
ti`C'i>�—pP an t
(PURSUANT TO FLORIDA STATUTE § 287.135
I, oci ���e ��t�, z , z , on behalf of �
Print Name Company Maine
certifies that I� ,� �«. ��,k�_�c l�ycrJ _does 1101;
Cofnpany Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
r:
S Ign,'ItU rC
,,-e 4", z r _
Title
__ f/71�
Date
Attachment "B"