HomeMy WebLinkAboutReso 2020-3076 RESOLUTION NO. 2020 - 3O Y
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING AN EMERGENCY
AGREEMENT WITH FPI SECURITY SERVICES, INC. TO AID IN
ENFORCEMENT OF CITY, STATE, AND FEDERAL EMERGENCY
GUIDELINES AND REGULATIONS RELATED TO COVID-19, 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, on March 9, 2020, Florida State Governor Ron DeSantis declared a State of
Emergency for all of Florida due to COVID-19; and
WHEREAS, on March 11, 2020, Miami-Dade County Mayor Carlos A. Gimenez
declared a State of Emergency for Miami-Dade County due to COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization ("WHO") declared the
COVID-19 outbreak("COVID-19") a pandemic; and
WHEREAS, on March 12, 2020, and in accordance with Chapter 29 of the City of Sunny
Isles Beach Code, the City Manager declared a local emergency due to COVID-19; and
WHEREAS, the City of Sunny Isles Beach is threatened by COVID-19 because of the
apparent ability of the virus to spread rapidly among humans, and COVID-19 thereby constitutes
a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City;
and
WHEREAS, on April 27, 2020, Miami Dade County issued Emergency Order 21-20
allowing parks and recreational facilities to open on April 29, 2020, under limited circumstances,
and further providing that municipalities may impose more stringent standards within their
jurisdiction as may be authorized by law; and
WHEREAS, on May 1, 2020, the City issued Emergency Order 06-20, ordering select
City parks and recreational facilities to reopen subject to a number limitations and guidelines,
which may be amended from time to time, for the purpose of complying with CDC guidelines,
and limiting the potential spread of COVID-19; and
WHEREAS, the City does not have adequate staff to comply with the protocols and
specific rules set forth by the CDC, Miami Dade County's Emergency Order 21-20, or City
issued Emergency Order 06-20, to ensure social distancing, use of facial coverings, and
limitations on gatherings of people at City parks; and
WHEREAS, as a result of COVID-19, exigent and emergency circumstances currently
exist as defined by the Federal Emergency Management Agency (FEMA) which warrant a non-
competitive procurement of the services to be provided by this Agreement as permitted by 2
CFR § 200.320(£)(2); and
R2020 Emergency Agmt w FPI Security for Enforcement of COVID Guidelines Page 1 of 3
WHEREAS, the enforcement of CDC guidelines, Miami Dade County's protocols and
rules as set forth in various Emergency Orders, as well as the City's guidelines for social
distancing, use of facial coverings, and limitations on gatherings of people, amongst other rules
prepared at the direction of public health officials and pursuant to public health guidance at the
City's parks, is necessary in this Public Health Emergency, known as COVID-19, to save lives,
to protect property and public health, and to ensure public safety, as well as to lessen or avert the
threat of a catastrophe; and
WHEREAS, the City is in need of a contractor to provide uniformed bilingual (English
and Spanish) security personnel interact with residents and visitors at various City parks to aid in
enforcement of City, State, and Federal emergency guidelines and regulations related to COVID-
19 ("Services"); and
WHEREAS, FPI Security Services, Inc. ("Contractor") is a certified and insured entity
with the necessary experience to provide the desired Services; and
WHEREAS, the City wishes to enter into an Agreement with Contractor to provide the
Services to the City for a period of eight (8) weeks, or until the conclusion of the COVID-19
Public Health Emergency, whichever occurs first, for a total amount not to exceed Sixty
Thousand Dollars ($60,000.00), 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 Agreement. The City Commission hereby ratifies the Agreement
with FPI Security Services, Inc. to provide uniformed bilingual (English and Spanish) security
personnel interact with residents and visitors at various City parks to aid in enforcement of City,
State, and Federal emergency guidelines and regulations related to COVID-19 for a period of
eight (8) weeks, or until the conclusion of the COVID-19 Public Health Emergency, whichever
occurs first, for a total amount not to exceed Sixty Thousand Dollars ($60,000.00), 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 16th ay oJuly 2020.
,� ',N
i_Jieorge H. Scholl, Mayor
i
ATTEST:
/ I,
Al.- -
;� Mauricio Betancur, CMC, City Clerk
,..\0
R2020 Emergency Agmt w FPI Security for Enforcement of COVID Guidelines Page 2 of 3
APPROVEDAS TO FORM AND
LEGAL SU . ' Y:
\d-Edward A. Dion, City Attorney
/ : ,
b
Moved b _
pry,/'., c .,at Seconded by: /(t /74/0',e Ire/f
p Al
Vote:
Mayor Scholl `/(Yes) (No)
Vice Mayor Svechin ✓(Yes) (No)
Commissioner Goldman ,/(Yes) (No)
Commissioner Lama ,/(Yes) (No)
Commissioner Viscarra &/(Yes) (No)
R2020 Emergency Agmt w FPI Security for Enforcement of COVID Guidelines Page 3 of 3
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND FPI SECURITY SERVICES, INC.
CONTRACT NO.6826-089-COV19
V�' S
?F�•FLOft�Yp THIS AGREEMENT (herein er referred to as the "Agreement") is made in
duplicate, this IV day of �JO V , 2020, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (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, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and other potential methods,
and presents symptoms similar to those of influenza; and
WHEREAS, on March 13, 2020, President of the United States, Donald J. Trump, issued a
Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease
Outbreak pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; and
WHEREAS, the City is threatened by COVID-19 because of the apparent ability of the
virus to spread rapidly among humans, and COVID-19 thereby constitutes a clear and present threat
to the health, safety, and welfare of the citizens and visitors of the City; and
WHEREAS, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52
declaring a State of Emergency in the State of Florida; and
WHEREAS, on March 12, 2020, the City Manager of the City of Sunny Isles Beach ("City
Commission") declared a Local Emergency, which has been renewed every seven (7) days and is
still in effect at this time; and
WHEREAS, on April 27, 2020, Miami Dade County issued Emergency Order 21-20
allowing parks and recreational facilities to open on April 29, 2020, under limited
circumstances, and further providing that municipalities may impose more stringent standards
within their jurisdiction as may be authorized by law; and
WHEREAS, on May 1, 2020, the City issued Emergency Order 06-20, ordering select City
parks and recreational facilities to reopen subject to a number limitations and guidelines, which may
be amended from time to time, for the purpose of complying with CDC guidelines, and limiting the
potential spread of COVID-19; and
WHEREAS, the City does not have adequate staff to comply with the protocols and specific
rules set forth by the CDC, Miami Dade County's Emergency Order 21-20, or City issued
Emergency Order 06-20, to ensure social distancing, use of facial coverings, and limitations on
gatherings of people at City parks; and
WHEREAS, as a result of COVID-19, exigent and emergency circumstances currently exist
as defined by the Federal Emergency Management Agency (FEMA) which warrant a non -
FPI Security Services, Inc.
City ofScuzny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(306) 947-0606 phone (305) 949-3113 Fax
competitive procurement of the services to be provided by this Agreement as permitted by 2 CFR §
200.320(f)(2); and
WHEREAS, the enforcement of CDC guidelines, Miami Dade County's protocols and rules
as set forth in various Emergency Orders, as well as the City's guidelines for social distancing, use
of facial coverings, and limitations on gatherings of people, amongst other rules prepared at the
direction of public health officials and pursuant to public health guidance at the City's parks, is
necessary in this Public Health Emergency, known as COVID-19, to save lives, to protect property
and public health, and to ensure public safety, as well as to lessen or avert the threat of a catastrophe;
and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City for a period of eight (8) weeks, or until the conclusion of the COVID 19 Public
Health Emergency, whichever occurs first, for a total amount not to exceed Sixty Thousand Dollars
($60,000.00) as further detailed below.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS AND ATTACHMENTS. The Recitals set forth above are hereby
incorporated into this Agreement and made part hereof for reference. The following documents
are attached to this Agreements and incorporated herein:
Attachment "A" — Non -Discrimination Clauses
Attachment "B" — Byrd Anti Lobbying Certification
Attachment "C" — Contractor Anti -Boycott Certification
2. SERVICES. Contractor agrees to provide uniformed bilingual (English and Spanish)
security personnel, from time to time, as requested by the City, to interact with residents and visitors
at various City parks to aid in enforcement of City, State, and Federal emergency guidelines and
regulations related to COVID-19 (hereinafter referred to as "Services"). The Services shall be
performed by Contractor to the full 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. Contractor will
require its employees to perform their work in a manner befitting the type and scope of work to be
performed.
3. TERM. The term of this Agreement shall begin upon execution of the Agreement by all
parties, and shall continue for the duration of eight (8) weeks, or until the conclusion of COVIDI9
Public Health Emergency, whichever occurs first. In no event shall the term of this Agreement
FPI Security Services, Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
exceed the conclusion of the COVIDI9 Public Health Emergency, and it shall further be subject to
the City's ability to terminate in accordance with Section 8 of this agreement. The terms of Sections
22 and 23 entitled "Indemnification and Waiver of Liability," and "Compliance with Law,"
respectively, shall survive termination of this Agreement. The City shall notify the Contractor, in
writing, once the COVID 19 Public Health Emergency has concluded. This Agreement may not be
renewed.
4. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor $15.00 per hour for Services perfonned under this Agreement, in a
total amount not to exceed Sixty Thousand Dollars ($60,000.00), under the following conditions:
a. Invoicing. Contractor shall submit invoices to the City on a monthly basis, and said
invoices shall identify the location and Services performed. Contractor shall submit
invoices to AccountsPayable@sibfl.net In addition, Contractor agrees to provide the
City with any additional documentation requested to process the invoices.
b. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payments shall be
made only after completion of the project. 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 following each quarterly period
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.
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.
e. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
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
FPI Security Services, Inc.
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 fiilfill the terms of this Agreement.
5. 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.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
Contractor pursuant to this Agreement and related Services to this Agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties shall
be approved in writing by the City. If requested, Contractor shall deliver the documents to the City
within fifteen (15) calendar days.
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:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of Five Million Dollars ($5,000,000.00) combined single limit
per occurrence.
❑ Workers Compensation Insurance for statutory obligations imposed by Worker' s
Compensation or Occupational Disease Laws, including, where applicable, the
United States Longshoremen' s and Harbor Worker' s Act, the Federal Employers'
Liability Act and the Homes Act. Employer's Liability shall be provided with a
minimum of One Million Dollars ($ 1,000,000.00) per accident
❑ Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) combined single limit per occurrence for bodily injury and property
damage.
FPI Security Services, Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
o 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 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 fiirnish 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.
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 shall 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 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 refirnd from the Contractor in an amount equal to the actual cost
of a third party to cure such failure. If Contractor fails, refitses 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, as provided in Paragraph
4 herein.
(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
FPI Security Services, Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause immediately terminate the Set -vices then remaining to be performed at any time
by giving 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. Tennination for failure to adhere to the Public Records Law. Failure of the Contractor
to adhere to the requirements of Chapter- 119 of the Florida Statutes and Section 19
below, may result in immediate termination of this agreement.
9. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida. All
parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and
appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 (Ten) 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.
11. 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)
FPI Security Services, Inc.
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
City Attorney Office
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida
Tel: (305) 792-1701
33160
Tel: (305 792-1767
If to the Contractor:
Daniel Gonzalez
Contractor: Vice President
FPI Security Services, Inc.
1776 West 38th Place
Hialeah, Florida 33012
Tel : ( 305) 827- 4300
Fax : ( 305) 826- 7741
d onzalez f isecuri . com
12. 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.
13. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS. During the
performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest,
agrees as follows:
a. Compliance with Regulations: The Contractor will comply with the Title VI List of
Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to
time, which are herein incorporated and attached hereto as Attachment "A".
b. Nondiscrimination: The Contractor, with regard to the work performed by it during
the Agreement, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor will not participate directly or indirectly in the discrimination
prohibited by the Nondiscrimination Acts and Authorities, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR
part 21.
C. Solicitations for Subcontracts, includingProcurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of the
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's obligations under this contract and the Nondiscrimination Acts and Authorities
on the grounds of race, color, or national origin.
d. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will permit
access to its books, records, accounts, other sources of information, and its facilities as may
be determined by the City or other governmental entity to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refiises to furnish the information, the Contractor will so certify to the City or the other
governmental entity, as appropriate, and will set forth what efforts it has made to obtain the
information.
e. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or another applicable state or federal governmental entity may determine to
be appropriate, including, but not limited to:
i. Withholding payments to the Contractor under the Agreement until the Contractor
complies; and/or
ii. Cancelling, terminating, or suspending the Agreement, in whole or in part.
f. Incorporation of Provisions: The Contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Acts, the Regulations, and directives issued
pursuant thereto. The Contractor will take action with respect to any subcontract or
procurement as the City may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the City to enter into any litigation to protect the interests of the City.
In addition, the Contractor may request the United States to enter into the litigation to protect
the interests of the United States.
14. SUSPENSION AND DEBARMENT.
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the Contractor is required to verify that none of the Contractor's principals (defined at 2
C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by Contractor. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
FPI Security Services, Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C throughout the term of the Agreement. The Contractor fiu•ther agrees to
include a provision requiring such compliance in its lower tier covered transactions.
15. BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. � 1352 (AS AMENDED).
Contractor shall file the required certification regarding lobbying attached hereto as Attachment
"B". Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, officer or employee of Congress, or an employee of a
Member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
16. ACCESS TO RECORDS. The following access to records requirements apply to this
Agreement:
(1) The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the
United States, or any of their authorized representatives access to any books, documents, papers,
and records of the Contractor which are directly pertinent to this Agreement for the purposes of
making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to work sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge
and agree that no language in this Agreement is intended to prohibit audits or internal reviews by
the FEMA Administrator or the Comptroller General of the United States.
17. DHS SEAL, LOGO, AND FLAGS. The Contractor shall not use the DHS seal(s), logos,
crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -
approval.
18. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE
ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund all or a
portion of the Agreement. The Contractor will comply with all applicable Federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
FPI Security Services, Inc.
9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
19. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a
party to this Agreement and is not subject to any obligations or liabilities to the non -Federal entity,
Contractor, or any other party pertaining to any matter resulting from the Agreement.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this Agreement.
21. 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 Chapter 33
of the City of Sunny Isles Beach Code of Ordinances, 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 could 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 be 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.
22. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the
professional negligence, error or omission of the Contractor or persons employed or utilized by the
Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or
pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors,
officials and employees from and against any and all causes of action, demands, claims, losses,
liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused
or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including
those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related
to the subject matter of this Agreement including, without limitation, any and all claims, losses,
liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from
injuries or damages sustained by any person or property. In the event any lawsuit or other
proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement
FPI Security Services, Inc.
10
City of 5'unny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
23. 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.
24. 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 "C". 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.
25. 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.
FPI Security Services, Inc.
11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(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 RECORDS AT (305) 792-1703,
CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach,
Florida 33160.
26. 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. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of such party and does
so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement, the term, statement, requirement, or provision contained in this
FPI Security Services, Inc.
12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 Attachments "A", "B" and "C".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS:
A
I: ����/ � I JE
CMC, City Clerk
BY: -'16C
Departm t Head
FPI Security Services, Inc.
FPI SECURITY SERVICES, INC.
BY:
Daniel Gonzalez, Vice President
CITY OF SUNNY ISLES BEACH
By� �—Z&/
tfiristopfrear J1"-- so, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: - f�a -44'a.
Edward A. Dion, City Attorney
I3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Non -Discrimination Clauses
FPI Security Services, Inc.
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Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor"), as applicable, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accormnodation, and certain testing entities (42 USC §§ 12131 –
12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37
and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against minority
populations by discouraging prograrns, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningfill access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC 1681 et seq).
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
Byrd Anti Lobbying Certification
FPI Security Services, Inc.
15
City cf'Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (3 05) 949-3113 Fax
Attachment "C"
Scrutinized Contractors Certification
FPI Security Services, Inc.
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44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The Contractor, f^p, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply
to this certification and -disclosure, if any.
r
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
S0NNr ISO
A fl
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
• iIOR °"��
>. °" •� [PURSUANT TO FLORIDA STATUTE § 287.1351
on behalf of /91/1C0/
Print Name Company Name
certifies that f �'L�' �Pc��� �y S►rw,�c� does not:
Company 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.
Signature
f/, ' (x A 1, V"'Z
Title
e(/ZZ/?d '? o
Date