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HomeMy WebLinkAboutReso 2020-3105RESOLUTION NO. 2020 - 41105- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH FPI SECURITY SERVICES, INC. TO AID IN ENFORCEMENT OF CITY, STATE, AND FEDERAL EMERGENCY GUIDELINES AND REGULATIONS RELATED TO COVID-19, IN AN AMOUNT NOT TO EXCEED $20,000.00, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida continues to be in a declared State of Emergency as a result of the COVID-19 pandemic; and WHEREAS, on July 16, 2020 via Resolution No. 2020-3076, the City Commission ratified an Agreement with FPI Security Services, Inc. ("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 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 $60,000.00; and WHEREAS, on September 17th, 2020, the City Commission approved a First Amendment to the Agreement with the Contractor, extending the term until December 30, 2020; and WHEREAS, the City Commission now wishes to approve a Second Amendment to the Agreement with FPI Security Services, Inc., to provide for additional compensation, in an amount not to exceed Twenty -Thousand Dollars ($20,000.00), bringing the total contract amount not to exceed Eighty Thousand Dollars ($80,000.00), 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. Approval of Second Amendment. The City Commission hereby approves the Second Amendment to the Agreement with FPI Security Services, Inc., to provide for additional compensation, in an amount not to exceed Twenty -Thousand Dollars ($20,000.00), bringing the total contract amount not to exceed Eighty Thousand Dollars ($80,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. 82020 Second Amend w FPI Security for Enforcement of COVID Guidelines Page I of 2 PASSED AND ADOPTED this 4v " AT Ma ricio B tancur, CMC, City Clerk APPROVED AS TO FORM AND 17th day of September 2020. \—a George H. Scholl, Mayor LEG I ) T : Edward A. Dion, City Attorney V e IC It Moved by.S econded aa_"W� +'.' 0 Mayor Scholl -46 (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman �f(Yes) (No) Commissioner Lama Yes) (No) Commissioner Viscarra �(Yes) (No) 82020 Second Amend w FPI Security for Enforcement of COVID Guidelines Page 2 of 2 IS�FB The Honorable Mayor and City Commission 4 SUNNY City of Sunny Isles Beach FROM: Sylvia Flores, Director of Cultural & Community 18070 Collins Avenue DATE: Sunny Isles Beach, Florida 33160 iy k Second Amendment to Agreement with FPI Security (305) 947.0606 City Hall s4 e°,rr FSO Fao o. sun (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Sylvia Flores, Director of Cultural & Community Services DATE: 9/17/2020 RE: Second Amendment to Agreement with FPI Security Services, Inc. for COVID-related Services RECOMMENDATION: The item is presented for your consideration REASONS: In March 2020, Governor DeSantis declared a state of emergency, due to the pandemic of the Novel Coronavirus Disease 2019 (COVID- 19). Parks and recreational facilities, as well as programs and activities, were all suspended shortly thereafter. In May 2020, the City entered into an agreement with FPI Security Services, Inc for COVID-related services, where they provided security guards to assist with parks enforcement, for those facilities then opened under new COVID safety guidelines. The First Amendment to the agreement extended the term of the agreement through December 30, 2020. This Second Amendment to the agreement will provide for additional funds to cover this entire term, in an amount of Twenty Thousand Dollars ($20,000.00). This will bring the contract total to a not -to -exceed amount of Eighty Thousand Dollars ($80,000.00). FUNDING SOURCE: Funding is available in 001 -6-5720-431 000-XXXXX. ATTACHMENTS: Description Resolution Second Amendment Item Number: 10.Q. ''Iv 7/Rf SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FPI SECURITY SERVICES, INC. CONTRACT NO. 6826 -084 -COV 19 This Second Amendment to the Agreement between the CITY OF SUNNY ISLE EACH ("City") and FPI SECURITY SERVICES, INC., ("Contractor") executed this 4--W1 day of 2020, is made a part of the original Agreement dated June 22, 2020 ("the Agreement')— amended, attached hereto as Attachment "A", between the City and Contractor. The City and Contractor hereby agree as follows: 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 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- 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-14, 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, as a result of the above, on June 22, 2020, the City entered into the Agreement with Contractor to provide the Services identified in the Agreement for a period of eight (8) weeks, or until the conclusion of the COV1D19 Public flealth Emergency, whichever occurs first; and WHEREAS, the COV1D19 Public Health Emergency continued (and continues) to be a current and present danger to the health, life, and safety of the City's residents and visitors beyond the initial eight (8) week term of the original Agreement, therefore, the parties entered into the First Amendment to the Agreement, extending the tern through December 30, 2020, or until the conclusion of the COVIDI9 Public 11calth Emergency, whichever occurs first; and WHEREAS, additional compensation is required to cover the Services through December 30, 2020, as provided in the First Amendment, therefore, the City wishes to amend the Agreement accordingly. NOW THEREFORE, in consideration ofthe promises and the mutual covenants herein name, the parties agree as follows: 1. COMPENSATION. The parties hereby agree to amend Section 4, to include additional compensation in an amount not to exceed Twenty Thousand Dollars ($20,000.00). The aforementioned compensation brings the total contract amount not to exceed Eighty Thousand Dollars ($80,000.00). 2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated June 22, 2020, shall remain in full force and effect. 3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second Amendment shall prevail and be given superior of bct and priority over any conflicting or inconsistent teens, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A". IN WITNESS WHERC01,, the parties hereto have executed this Second Amendment as of the date mentioned above. Department Head FPI SECURIT VICES, INC. BY: Daniel Co cz, Vice President, CITY 0, SU 'NY ISLES BEACH BY: George H. Scholl, Mayor APPROVED). 'p MIX ND LEGAL 3 FFi IEv Y By: Edward A. Dion, City Attorney Attachment "A" Original Agreement AGREEMENT H11" fWEIEN 1'11E CITY OF SUNNY ISLES BEACH H AND FPI SECT7RI 'Y 8I+.'1[ VICES, INC. CONTRACT NO.6826-089-COV19 THIS AGREEN1ENT (heivinaller referred to as the: "Agreement") is made in duplicate, this U day ofN� , 2020, by and between the CITY OF SUNNY ISLES BEACII, Florida, (hereinafter reforred to as "City"), and Fill ►SEICU1t1TY SU111VI Ui S, INC., a corporation authorized to do business it, the Statc of Florida (hereinafter referred to as "Contractor") whose Federal T,D. 4 is 37-1499692. RECffAI.S WHEREAS, Novel Coronavirus Disease 2019 (COVID-1.9) is a severe acute respiratory illness that can Spread among humans through respiratory transmission and otherpotential methods, and presents symptoms similar to those of influenza; and WHEREAS, on March 13, 2020, .'resident of the United States, Donald J. Trump, issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavints Disease Outbreak pursuant to section 501(b) of the Robert T. Suifford Disaster Relief and Emergency .Assistance Act; and WEI , AS, the City is threatcncd by C:O'VID-I9 becauw of the apparent ability of the virus to spread rapidly among humans, and C OWD-19 thereby constitutes a clear aind present threat to the health, safety, and welfare of the citizens and visitors of the City; and WWI? 1BASS, on March 9, 2020, Governor DeSantis issuod Executive OrdorNumber 20-S2 declaring a Stats of Emergency in the State offlorida; 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 rcnewcd every scveti (7) days and is still in effect at this time; and WHEREAS, on April 27, 2020, Miami Dade County issued Ernergency 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, liar the purpose ol'complying with CDC guidelines, and luuiting the potential spread ofCOVID-19; and WHEREAS, the City does not have adequate staff to comply with the protocols and specific rule; set forth by (lie CDC, Miami Dade County's Emergency Order 21-20, or City issued Emergency Order 06-20, to ensure social dishmcing, use of facial coverings, and limitations ori gathetings of people at City parks; and WHEREAS, as a result of C OVID-19, exigent and emergeticyeircianstances currently exist as defined by the Pedenal l mergertcy Managomcnt Agency (FPNIA) which warrant a lion - FPI Sicurity Services, Inc. (Y(v of 'Suany .1516 Bench 18070 Collins Avenue, Surirty Isles Bcauh, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax competitive procurement of the services to bo provided by this Agreentlent as permitted by 2 CFR 200.320(f (2); and WHEREAS, the enforcenient of'CDC guidelines, Miami Dade County's protocols gild tyles ars met forth in various I`nicigcncy Orders, as well as the City's guidelines for social distancing; use of facial coverings, aria liTnitat],Ons on gatherings irl•,PO(Tle, anwng91 Cather rules prepared at ttye direction of public health officials and lnu-;lLant to public health guidance at the City's parks, is ncccssaly in this Public Health l mergency, known tis COVID-19, to sayt� lives, to protect property and public health, and to ensure public safety, aswell as to lessen or avert the threat of it catastrophe; acid WHEREAS, Contractor is a certified and insured entity with the necessary experience to provide the desircd Services; -and WHEREAS, the City wishes to enter into this Agroctncnt with Contractor to provide the Services to the City fora period ofcigh( (8) weeks, or until the conclusion of the COVIDI9 Public I lealth l_?mcrgency, whichever tlMAN fiinst, for a total amount not to cxeced Sixty Thousand Dollans ($60,000.00) as further detailed below. NOW THEREVOICE, in corisidorstion of the promises and the mitrual covenants herein mime, the parties agrcc as follows: i. .lil.+;Cl'!'AL;;' A:VD ATTACHMENTS. The RecitFrls set forth above are hereby incoilmraLed into this Agreement and macre part hereoffor reference. The following docwncats are attached to this Agreements and incotliorated herein: ,A.ttach mcnt "A"— Non -Discrimination Clauses Attachment "B" Byrd Anti Lobbying Certification Attactunent "C" — Contractor Anti -Boycott Certification 2, SERVWES. Cuntiawor agrees to provide uniformed bilingual (Fliglfsll mid Spmish) security personnel, from time to time, as rcquestod by the City, to interact with residents and visitors at vmiouS City parks to aid in enforcement of City, Statc, and Federal emergency guidelines and regulations related to COVID-19 (hercinatter relbrred to as ".Services"). The ,S'erviccn, Shall be perf rtned by Contnictnr to the frill satisfaction of the City. Contractor agrees to have a qualified rcpresctitativo to audit and inspect the Sof vices provided on a regular basis to ensure all Services are being performed in actx)rdamce with the City's needs and pursuant to (lie, ternts of this Agreei ont, and shall report to die City accoixlingly. Contractor agrems to iminedin.tely inform the City via telephone and in wiiiing of any problem, that could cause damage to [lie City, Contractor will require its employees to perform their work in a manner beritting the type and scope of work to be perfonned. 3. TERM. The term of this Agrecincnt sliaLl begin u110n execution of the Agreement by all parries, and shall conthtue for the duration of eight (9) weeks, or until the eorwlmion of C:OVID19 Public. Heal Lb Emergency, whichever occurs fust. In no event shall the term of this Agreement 1'1'184curity S arviccs, Inc, 2 City of Sunray Isles Beach 19070 Collins Avenne, Stain is les Beach, Florida 331 t0 (305) 947-0606 llhorie (305) 949-31 Rom exceed the conclusion of laic COVID19 Public Hoalth ErttergOTtcy, and it shall Ruttier be subject to the City's ability+ to too ninitle• in awcordance with Section 8 of this Agreement, The lernis of Sections 22 and 23 entitled "Indomnification and Waiver of Liability," aad "Compliance with Law." respeclively, shall survive termination of tOis Agreement. The City shall notify the Contractor, in writing, once the COVID 19 Public Health Emergency has concluded. This Agrecirtent may not be renewed. 4. C:C NTPENSA'I')iON, (hiring the term of this Agrecmcnt, in whatever cup wity rendered, the City shall pay Contractor $15.00 por hour for Servicer pQrfomned under this Agreemorit, in a total amount not to exceed :sixty Thousand Mks ($60,000,00), under the following conditions: ti. Invoicinst. Contractor shall submit invoices to the City on .a monthly basis, and said invoices shall identify the Jocatk)n ane{ Seivices performed. C.'.cmtixctc�r shall submit invoices to AccountsPayablc(rr)sibilaicl Inaddition. Contractor agrees to provide the City with any additional documentation req=3ted to procem, the invc)ices. b. DiSbumernenN. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. C. Payment Schcclnlc. Invoices iviceived from tate Contractor pursuatat to this Agreement will be reviewed by taro initiating City Departtrierit, Payments shall be made only after completion of the project. If services have been rendered in conlbi-Mity with the AgreerraenL, the invoice will ba rent to the Financo Drparlmettt for payment. Invoices must reference the contract number assigned hereto, hivoiees will be paid in accordance witb the State of Florida Prornpl Payment ACL. The City will pay properly s,;Aiiiitted Contractor invoices following each quarterly period within 30 (thirty) days of reccipt, for completed and accepted deliveries car spocilicd services mitilor goods, unloss the City notifies the Contractor in m6ting of the disputc, bcfoiv the payment is duo. d. Final Invoice. In order for both parties herein to close tlrcir books and records, the Contractor Will cloarly stale "filial invoice" on Cho Contractor's final/last billing to the Pity. This certifies that al t services have been properly pci-ormcd and all charges and carts have been invoiced to tits Cily. 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. Tho City's performance wad obligation to pay udder this Agreement is contingent upon an annual appmpriatioji for its purpose by the City commission. Contractor shall make no other charges to the City for supplies, labor, taxes. licenses, penyd(s, overhead or any other expenses ter tt)sts unlefi5 any such expcnsc Or utast is incurred by Contractor With the prior written approval of. the City, if the City disputes any cliar,,cs otl the invoices, it 11111ty make payment of the uncontested atnoUnts and withhold payment on the colitested amounts until PIT Security ServiceN, Tnc. City 0j"511fusy Isles Beach 18070 Collins Avenue, Sunny isles beach, Vlorida 33 160 (305) 947-0606 pluane (305) 949-3113 Fax they are resolved by agre=ent with Conta'actor. Contractor ~hall not pledgo the City's credit or snake it a guarantor of payme ril or surety for any contract, debt, obligation, judgment, lien, or any form cif indebtedness. The Contractor 1'i ethor wnrmnk and represonls that it has no obligation or indebtcdnc3s that would impair its ability to fillfill the terms of (his Agreement. i, INDEPENDENT CONTRACTOR AC TOR RELATIONSHIP. The Contractor is an indcpcndcnt contractor and sliall be treated as such 1br all purposes. Nothing contdined in this Agreement or any adicni Of file pau•ties shall be construed to constitute or to render the Contractor an omployec, partner, agent, shareholder, officer or in any other capacity other thav as an independent contractor other than those obligations which have been or shall have bccn undertakcn by the City, Contractor shall be responsible for tiny and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any exIiense incurred by the Contractor. The City shall have no duly to withhold arny Federatl incoinc taxes or pay Social Security son.•iccs and that such obligations shall be that of the Contractor, ether than those set forth in this Agreenzen(. Contrae(or shall fumish its own ti-ansponation, office and other supplies ass it determines nwossary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EUGIENIENT. All documents pre amd. by the Contraatur pursuatlt to this Agme meat 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 slush be approval in writing by the City. Ii'regLLOstud, C'eailtraactcn• shall deliver the dOCUMents to the City within iifleen (15) calendar days. 7. INSURANCE' Contractor sliaYll, at its sole cost and expense, durkig the period orany work being peribrined under this Agreement, proOLLre and malintain the folJowiny. mininium insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caiusexl by Contractor, its agents, or employees, as indicated below, o Comprchcnsive Gencra>ll liability insurance, iulclud'ing broad form mritractual liability Coveraige rot- all operaiticmti, including, but not limited to, contractual, products. and completed operations, personal injory and proporty damage liability with mininuLm limit~ ofFive Million Dollens ($5,000,000.00) combined single Iimit per occurrence. ❑ Workers C:ompoosation Insurance for statutory obligations imposed by Worker' s Compensation or Occupational Diseaso Laws, including, where applicable. the United States Longshoreman' a and I larlmr Worker' s Act, the Federal Employer:;' Liability Act and the. Hotncs Act. Employer's Liability shall bo provided with a fninanuui of One Million Dollars ($ 1,000,000.00) per accident ❑ Busbicss Automobile Liability which shall includt coverage for all owned, non - owned and hired vehicles far inUilmurn limits of not ]as than One Million Dollars ($1,000,000,00) combined single limit pet' occurrence for bodily injury and property danxgrc; FPI Security 94;TViUQ4, 17o. 4 City gfSun ley Ales Beach 18070 Collins AVcnuc, Sunny Wes Beach, Florida 33160 (305) 947-0606 photic (305) 949-311.1 Fax u Umbrella llisuranco atbove the comprehensive gcncrall liability for minunum limits of not less than ()nv Mullion Dollar's ($1,000, 000) p`'r uccuiTence during the initial and any renewal term of this Agreement, ItlsurarIce required oFthe Contractor shall be primary it), and not ctmtributc with, any insurance or self-insurance inaintainod by the City, Such insurance shall not diminish dontractor's indemnification and obligations licrcuixler. The insurance poficy shall be issued by t:ainp:ulies authorised to do business under the laws of the State of Florida and acceptable to (lie City with ae minimum A.M. Best rating of A -Excellent. Before any work under this Agreerriont is perfortned: and at any time upon) request, Contractor shall furnish to the City ccrtificattes of insunince evidencing the minitnum required coverage and shall be appropriately endorsed for contractual liability, %vi(h the City na rned as additional insured. All policies shall contain a waiver of subrogation endonsernent. All policies arxd certificates shall be in forms and issued by iWurance 001111)anies acceptallle to the City Mauiagcr or his designee. All iiwur ance policies and certificates of insurance shall provide Ilia( the policies may riot bo canceled or altered -%,ithout thirty (30) clays prior written notice to the City, Contractor 811811 ahsw rcquirc atnd ensure that each of its sub -Contractors providing services hereunder (if any) procures and maintains, until the coinpielion of the servicos, insurance of the types and to ilio limits specified herein. ANY 11;',X.C.;EYT.IONS TO THE INSURANCE REQ13REi1IHN"I'S 1N THIS SR'.C;'Jtq(?N MUST BE APPROVED IN WRI'T'ING BV TI I U. CITY. TERMINATION AND REMF.DWS POR BREACH. A. if, tluuugh any cause within reresoilRbIc control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any ofthe ctrvenatnt.;, a�greeil�etlts or stipulations aialorial to (itis Agreement, Ilio City, shall have the right to terminate the Services then reniaining to be performed, Prior to file exercise of it.; option to terminate for cause, the City shall notify the Contractor of itv violation of the particular tanxis of the Agreement and grant Contractor f -en (10) days to cure such defitult. if the default remains uncured atllcr ter, (10) day4 (he City 111aiy terminate this Agreement, and the City shall receive it ref ind frow the Contractor in an amount equal to the actual cast of a thirst party to euro such failure. I1'Contractor fink, refuses or is unable to perforin any terns of this Agreement, City shall pay for Services rendered as, of the date of termination, (i.) In the event of termination, all finished and wi inished documents, data wid other work product prepared by Contractor (and sub -Contractor (s)) shall be delivered to the City and the City shall coinpensate the Contractor for all Services satitifactorily performed lni or to (11e elate of termination, as provided in Paragraph 411croia, 00 Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of it breach of the Agreement by Contractor Rnd the City may reasonably withhold payment to Contractor for the FPT Secuu•ity Nervicam, Tnc. CUP of Suany Ivies Beach 18070 Collins Avenue, Sunny Tslcti Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Purposes ol'sel-off until such tiTne cis the exact amount of {lunages due the lady from the Contractor is determined. B. Termination for Convenience of City_ The City may, ftrr its corivellieticG and without, cause imrnediatlely terminate tl,e Services then remaining to be performed at any time by giving written notice. 'file terms of Paragraph A(i) and A(ii) above ;;halI be, applicable hereunder, C. Tcrminatticm for Insolvency.. The City also reserves the right to tertnina.te the nemaintrtg Services to he performed in the event the Cnritractor is plated either in VOluntary or involuntary bankrulitGy or mal es any assignment for the benefit of creditors. 1l, 'I"crtnination IEri Failure to adi�crc to the i'ul�lic Itecortiis 1.atar, railur�; a#'the C:c�ntractor to adhere to the rcquirenicnis of (';Iiapter 119 0l' the Florida Statutes and Section 19 below, may Mullin i nmediate termination nfthis agrecnrctti. 9. AI,R' SDICTION, VENUE AND WAIVER OF .T1JTKY 1_lU.U. This Agreement shall be interpreted and construed in saccordancc with and governed by llte laws orthe ;hate of Florida. Ali parties agree andaccept that jurisdicaion of any dispute or co3nt:roversy arising out ofthis Agreement, acid any action involving the enforcement or interpretution of ally righb4 hereunder shall be brought. exclusively in the I :icventh dudiCiftl Circuit in and for Miami Dade County, Flori€laa, and vanue for litigation arising oot, of this Agrccmcnt shall be excl usively in such state cc;,u•ts, forsaking any other jurisdiction which either party may claim by virus of its residency or other jurisdictional device, In the event it becomes necessary for the City to file ai lawsuit to enforce any lean or provision under this Agreement, then the City shall be entitled to its costs amt attorney's fees at the pretrial, trial and appellate levels. BY ENT'b.'RTN'(3 INTO THIS AGREWFl1NT, CONTRACTOR AND CITY HEREBY EXPI;tIMLY WAIVE ANY RICz T-3 :I 1T.11LR PARTY MAY UA.VE TO A TRIAL BY JURY OF ANY CIVIL LTT)CTA'1'1(:)N .RELATED TO 7`H S AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of snvereign inntunity, or of any other immunity, defense, or privilege enioyed by the City pursuant to Section 7( )8.28, Statutes. 10, CONFIDENTIAL INFORMATION. The C:ontractar shnI l noL either daring the terin of this Agreement or any time for a period of 10 (Tan) yaans subsequent to that date ulion which the Contractor 811,111 leave the employment of the City for any reason whatsocvcr, disclose to any person or entity, other than in the discharge of (lie dtl iies or the Contractor under this Agreement, nay information which the City designates in writing as "confidential." AS a violation by tho Contractor of the pTovisiuns of this Section could cause irreparable ini an•y to the City and there ix no adequato remedy at law for such violation, the City shall have the right, in addition to any other ramedies available log it at law ur in equity, to enjoin the Contractor ao ni violating such ptovi ions. 11. NOTICES. All notices avid ocher communications required or permitcod to be given undcr this Agivenient by either party to the other 5hatll be in writing and shall be Semi. (except as otherwise provided her -ell!) (i) by certified or registea-ed "aril, first class postrtga: prepaid; rotum receipt requested, (ii) by guarantecd Overnight delivery by a nationally recognized courier service, or (iii) FF1 SUCLAIV 4SUOCOn, in e. Ci(y gfSuff"y Isles peach 18070 Collins avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone ('705) 949-3113 Fax by facsimile with confirmation receipt (with z copy sialUILttneouyly sctn( by Certified OT Tegistered mail, first Claw postage prepaid, return rec:cipt requested or by overnight d€livoiv by traditionally reco-nixed courier service), addres-sed to such party as fol lows: Tf to the �:ity: C:hris(aphcr J. TtusScy With a copy to: City Managcr City Attorney Office City 01' Su1111V Isles 13each City of SunIly IsIm Beach 18070 Collins Avenue 18070 Collins Avenue ruurth Flour Fourth Floo Sunny Isles Balch, Flurida 33160 Sunny lidos i3cach, Florida: Tel: (305) 792-1.701 33160 Tel: 305 792-1767 if to 6' (:ontractor: D uviol Gorizalez Contractor. Vico President FPI Security Services, InC- 1770 West 38th Place , Ilialcah, Florida 33012 Tel : ( 305) $27- 4300 Fax ; ( 305) 826- 7741 d onxalez@11 coin _ 12, AUDIT. The Contractor shall make available to the City or its reproscnla(ive all required finRrWial rCCnTCI,\ MHOciated with the Agreement for a period of Thr" (3) years, 13, COMPLIANCE 'W'T'i'H' NONDISC'1111ViINATIO REIQiI1REMi.N'1'S. During the peiformancc of this .Agrccmcnt. the Conti-acLor, foT itself, its assignees, and successons in interest, agrees its RxlluwN; I t. Compliance with Regulations; The Contractor will comply with lhe'l'itle VI fast of Pertinent Nondiscrimination Acts and Ataorujcs, ar they may be amended from titne to thele, which are hen -in incorpora(ed and attached hereto as Atta.cl a nt "'A'° b. hlondiscriminatigrl; The Ccnitractor, with regac-d to the work perrornled by it during the Agreement, grill not discrinxinate on the grounds of race, Mot, or national origin in the selection and retention of subcontractors, including procurements of ina(eriah and leases of equipment. The C'ontructor will not participate directly or indirectly in the discrimination pit)hibi(ed by the Nondiscrimination Ads and AU111 1ities, including employment praudueti when the contract covers any activity, project, or progi'nm set forth in Appendix .13 of 49CFR part 21. c. Solicitations for Subcontracts, including Procamnxents of Materials and Ecluipment: T.0 all solicitations, citlher by competitive bidding or m: otiation made by the Contractor for work to be performed under a subcontract, including procurernenty of niatcrials, or lease& al' equipment, each potential subcon(rautor or supplier will he notified by the Con tractor of the FPT Security Seivices, fix, Qy of'.Sunnj, Isles Beach 15070 Collins AvcruIc, Sunny isles Beach, Florida 33160 (105) 947-6606 phone (305) 949-:3113 Faux contraotr,r'S obligation:, under ibis contract and the Nondiscriminattitm Acts and Author*66 on the grounds of race, color, or national origin. d. Information .g . Rcpa ts: The Contractor will provide all information and reports required by (lie Acts, the ReguIkitlons, anti dlroctivcs. issiiod pursuant thereto and will permit access to its books,, rocords, aCCt IMN, other sourcem of inFormation, wid ifs faci2itics as may be determined by the City or other governmenMI entity to be pertinent to ascertain compliance with such Nondiscrimination Aely and AtitIlWilies thud itt.titruction5. W here any info?imation required of a contractor is in the oxclusivo possession of another who fails or rebuses to furnish the itnf'ormation, the Contnactor will so certify to the City or (lie other governmental entity, as appropriate, anct will ser Iorth what efforts it has macre to obtain the inforniadolt. e. Sancticros fo-f'14onlcomi)liance: h1 the event of a Contlactcn's ntinct�nllaliance wit11 the nota -discrimination provisions of this contracc, clic City will impose such contract sanctions as it or another applicable state or federal governmental entity may determine to be appropriate, including, but not liinited to: 1. Withholding payments to the Contractor undor the Agrecruent until the Contractor cotrup)!ies; ancllnr ii. Cancelling, terminatingt or suspending the Agreenicat, in whole or in part. f. Incorporation of Provisions: The Contractor will include the provisions of paragraphs One through six in cve;ry subcontract, including pracutrements of materials gold leases of equipment, unless exenipf. by the Acts, the Regulations, and dlrectivos issued purwdni Eliere;tu. Me Cantu^acWr will take; autiun with respuu( fo any a suabuorrt(ratct or procuretixeut as the City may direct as a means of enforcing such provisions including 3andions for r oncompliancc. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a SLLI)Wntractor, or supplier because of such direction, the Contractor may request the City to enter into nny litigation to protcot the intcrosts of the City. In addition,1110 Co niratctUrmay retluest flue United States it)enter into? the litigation to protect the interests of the l.i n!W States, 14. SUSPENSION AND DEBAhitll' It' NT. (1) This Agreement is a Lmvered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As mwh, the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 190.995) err its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disquali#icd (defined at 2 CAR. § t 80.93.5), (2) The Contractor must comply with 2 C.F.R. pt. 150, subpart C and 2 C,F. R. pt. 3000, subpart C:, and must include a rE;cluircmcnt to comply vvith these regulations in any lower tier covered transaction it Gnats into. (3) This ccailication is a matedul represcntation of fact relied open by Contructon If it i:, later deternihied that the Contractor did not comply with 2 C.F.R, fat. 180, subpart C and 2 C.F.R. pt. ITT SMUri ty SMIGe8, fLIC - 04y of'Sunny Idea' Beach 18070 Collins Avenue, Stivany Isle: tieacll, Florida 33160 (305) 947-0606 phone (305) 941-3113 Fax 3000, subpart Q. in addition to vornedie5 aWlilable to the City, the federal Govoraniont May 1nir5ue availablc rcmedies, including but not limited to Suspension anclr''or debarment. (4) The Contractor agrees to comply with the requirements of 2 C-17.11. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C; throughout the turn of the Agreement. The Conlrac(or further sigroes to include; a pnwision rquiring, such compliance in its tower tier covered transactions. 15. HYRII ANTI -LOBBYING AME'NDIVIEWl', 31 U.S.C. ' 1352 AS AMENDED). C:ontmator shall file the rocluired certification i-egarding l0hbVinl; attached hereto as Attachment "B". Eaub tier certif vs to the tier above that it will not find has not used Foderal appmpiiaied funds to pay any person or organization for influcncin a or attempting to influence an officer or employee of any agency, a Member of Congress, officer or ernployce of Congress, or an ctnployee of a Member uf'Ctmgress in connection with obtaining any Federal contract, Grant, or any other award ccrvered by 31 U.S.C, § 1352. Each tier shall also disclose any lobbying tivith nem-Fedenal fluids that takes place in connection with obtaining any;Fcderal award. Sucli disclosares atv forwarded !Torry tier to tier up to the rewipicnt who in turn 1vill forwaixt the ccrtitication(s) to the awarding agency, 10, -ACCESS TO RECORDS. The fallowing access to records regn1rLrmnis apply to this Agreement, (1) The Contractor agrt;zr to provide City, the i+G iA Administrator, the Comptroller Gencral of (lie United States, or any of their authoriLod representatives access to any books, duc Untents, papers, and records of the Conti-Ewtor which are directly peititiont to this Ageernent for the purposes of making audits, examinations, excerpts, and tihnscriptions, (2) The Contractor agrees to permit any of the foregoing panics to reproduce by any means whatsoever or to copy excerpt;, and transcriptions as reasonable ncodod. (3) The Contractor agrcus to provide the FFMA Administrator or his authorized representatives access to work sites pcirtainiDg to the work being cornpleled under the Contract, (4) Tn compliance with the Disaster ltecovcry Act of 2018, the City and the C:outractor acknow lodge and agrcc that no language in this Agraernent. is intended to prohibit audits or internal reviews by the FEMA Adininigrator or the Comptroller General of the United States. 17. MIS SEAL. LOGO, AND FLAGS .. The Contractor shall not ase the DIIS scal(s), logo;, crests, or reproductions of flags or likcnesse,� or DHS agency officials ivithotd specific J~ENIA pre - approval, 18. COMPLIANCE RITH FEDERAL LAW, REGULA'T'ION S, AND EXEC'UTIVIE ORDERS, This is an acknowledgement that FT -,MA financial assi;iattue will be used to Iinxcl all or a portion of the Agreement. The Contractor will comply with rill fapplicablc Fedora! IM, regulations, executive orders. FEMA policies, pivccdures, and dircctivc s. FPI Security &:ivices, Tac, City cif Sunny 191ex Beach 18070 Collins Avenue, Sunny tiles 13each, Morida 33160 (305) 947-0606 Phone (3017) 949-3113 Fax 19. NO OBL•IGATIOIti EV !'I DERA ..'OVrl IZNMENT. The f ederal Governme33t is trot a party to this Agreement anti is not subject to tiny obligatinn, or liabilities for the non -Federal entity, Contractor, or any other•parcy pertaiaitlg to any matter resulting from tllc .Agreement. 20. PROGM4M FRAUD AND FAI.SF OR. FRALI I'LE.NT,STATCMENT,S OR RE* LA.TED ACS'S. The Contractor acluiowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for Fal -se Claims and Statements) applies to the Contractor's actions partainingto this Agreement. 21. CONIOLICT(W 1117'H'.RES'T. The Contractor agroes ler Whom to and be governed by the Vliami•Dadc C'outtty Collllicl ofTnterost ORiinuuce Section 2-11.1. as amended; and by Chapter 33 of the City of Sunny Isles 13each Code of Ordinances, which are incorporated by rei'erence herein as if filly set forth herein, in connec:tion witll the Agreement conditions hereunder. The Contractor covetttmts that it presently has no interest Lind shall not acquire any interest, directly or indirectly which cOultl conflict in any manner or degree with the performitncc of the Services. Tltc Contractor fitrtller covenants that in tale performatilec of this Agreement, no ponson hawing auly NUQ11 interest ,hall knowingly bo omployed by the Contractor. The Contractor guarantees that helshe has not offered or given to any mcinber of, delegate, to ilia Congrec s o f the Uniled Statle4, any or part of this contract car to tiny benefit arising therefrom. 22. iN DEMlti iFICATTON AND WAIVER O I. iAR1l. ITY. 'l'o the filllcst extent peritaitted by law, the Contractor agrees to indctunify and hold -harmless oho Cily, its agcnls, re prewerrtatives, officers, directors, officials and employees from any claEinls, liabilities, cimnages, losses and costs: including, but not limited to, reasonable attorney fees to the cxtOrIt cause, in whole or in earl, by the prafO:;s OTULl negligmice, error ar unfl mian of tile Contractor or persons cmploycd or utilized by the Contractor in performance of Services under this Agrecntcttt. Contractor shrill at all times hereafter indemnify, hold hamilcss and, at the City's option, defend or pay for ail attorno;y selected by the City to defend City, tits dgantti, representatives, officers, directors, officials and empluyees from and against. any and all causes of action, dcnrands, claims, losses, liabilities nrid oxpcnditures of any kind; including attorney funs, court 00,415, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including - ilrose of their employces, agents, servants, or officers, or accruing, resulting Prom, or directly related to the s;tbject matter of this Agreement including, withnut linlitalion, any and all claims, losses, liabilities, expenditures, demands or causes of action of ally naturo "'.41atme-Ver resulting froFn injuries or damages qustai led by any person or properly. lrl the event any lawsuit or other proceeding is brought against City by reason of any such Claim, caiu5c; of action or demand, Contractor shall, upon written notice from City, reMst and defend such lawsuit or proceeding by counsel sallisihetoly to City. Tile provisions and obligations of this section shall urvive the expiration or earlier tcrtniaation of this Agreement. To the extent considercd necessary by Cityt any sum due Contractor under this Agreement may be -retained by Cite until all of City's claim., for indemnification pursuan'. to this A,gmemcnt have been settled or otherwise resolved; and any wnonnt withheld shall not he r,-zl?iect to payrnent of interest by City. The parties agree that Onc Hundred Dollars ($100.00) represents spe0i iic. consideration to the Contractor for the indemnification set forth in this Agreement PPI Security 5ervi(,T4. tnc. 10 00, of Sunny Mey' Beach 18070 Collins Avenue, Sunny Isles Beaclt, Florida 33160 (305) 947-0606 phone (30a) 949-3113 Fax 23. +C'OtMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations gild ordinances of any federal, state, or local governmental authority having juri.;dictian with respect to this Agreement ("Applicable Laws'} gutd shall obtain and maintain any and all material permits, liccnscs, approvals and conscn(s necesmiry for the lawftll conduct of the activities conteniphitcd under this Agreement. 24, PR01IFRI'TION AGAIN ST CONTRACTING V4'ITH SCRUTINIZED COMPANIES. Parsuanl to Florida Statutes Souiion 257.135, contracting with any entity that is listed oat the Scrutinized Companies tbat Boycott Israel Lis( or (NIL is engaged in (he boycolL o Israel is prohibited, Conlrac(orn must cerci fy 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 nmoro shall be: terminated at the C;ity's option if it iti discovered that the entiq, sltbtnitted false documents ofccrtifrcation, is listed on the Scrutinized Companies With activities in Sudan List, the Scrutinized C onipanie! with Activities• in the Tran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria allcr July 1, 2018. Any contract entered into or renowed aificr ,lulu 1, 2018 shall be termirrgtted at the City's option if the company is listed on 1175 Senttinized Companies that Boycott Israel List or ongaged in the boycott of Israel. Contractors must submit Clic certification (hat is attached to this agreement as Attachment "C". SubrniRing a false certification shall be deemed a material bt'ewh of contract. The City shall provide notice, lax wtitittig, to the Contractor of'the City's de[enninalion concerning the false cezifiuMion, The C ontr4tuttor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that die determination was in civor. If the Contractor does ]lot demonstrate that the C,`i Ly'S de(enr,inatia» of Cabo certifiration was made in error, theft the C.itti shall havc lie right to torminato Clic contract and NCIC civil t'enlcdics pursuaM to Florida Statute SecliMt 287,135. 25, Pi;BLIC RECORDS. The Contractor shall logo Tequired to comply with the folloV�--irog requirements under Florida's Pt,hlic Itecnrds ) wx: (i.) Contractor small keep and maintain public recants requited by the City to perform the cervico. (ii.) t;pon requeM frotn the City, Contractor shall provide the City with a entry of the requested records or allow the records to be hispected or copied within a reasonable time at a cost that docs not cxeced the cost provided by Chaptcr 119, Florida Statutes, or as otherwise provided by law. (iii,) Contractor shall ensure [hat public records th,11 are cU'trnlrt car cconfidential and excnopt frorn public records disclosure requirements are not diselosod cxecp[ as au[horized by law for the duration of the contract torn and i'ollowing completion of the contract if the Conaractor docs not transfer the reuordq to the City. Fi'I Security Set -vices, Mc. City refS111111y Isles Rearm 18070 ("ollins Avcnuc, Sunny Was Roacb, Florida 33160 (305) 947-0006phorie (3 05) 949-3113 Fax (iv.) Contractor shall, upon e:oitiplofton oi' the contract, trarislior, ttt no coo, to the City all public records in posscmion of the Contractor or keep and maintain public records required by the City to perforin the service. If the C:ontradortninsfeis all public records to the City upoil completion of the contract, the Contractor shall destroy any duplicate public twordy that tl179 exempt or confidential and exempt fixym public records disclosurc requirements. if the C'onbaclor kerps and maintains public records upon colnple6on of thea contract, the Contractor shall moot all applicable requirements for retaining public records. All records d0red electronically must be provided by Contractor to the City, upon request from the City, in a format tf at is compatible with the Vortrt-.tion technology systerns of fho Ci ly. IF THE CONTRACTOR. IIAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, li LORI.DA STA'1'IAT'S, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS MELATINC TO CUSTODIAN OF (3tyCIerk@,s1hfI.nest Florida 33164. 26. 'MISCELLANEOUS. 'PHIS CONTRACT, CONTACT THE CITY'S PUBLIC: RECORDS AT (345) 792-1703, ,1.8470 Collins Avenue, 411 Floor, Sunny Isles Beach, A. in the event any provision of this Agreement is found to be void and uncrlforecablc by a count ofcompotent jurisdiction, the rcmaitling, provisions of this Agreement shall neverlhele4s he binding upon the parties with the same effect as though the voidor uncnforccable provisions had been severed and deleted. B. This Agreement rwty be cxccutcd in multiple ideatieal couAt+vrpar0, cacic ul'which shall be deemed Fin original Ibr all purposos, C. No waiver of any provision of tliis Agreoinorit shall he valid or en-Forc-unble unless such waiver is in writing anti signed by the party granting such wnivcr. D, liach individual executing this Agreement on behalf of a pretty hereto hereby reprexents and wartatlts that he or silo is, on the date he or she signs this Agreement, duly authorized by all ticccssary and appropriate action to execute this Agreement on behalf of such party and docs so with full legal authority to bind their respcctivc party to this Agrcerlient. E. This Agreenrctlt contains the entire agreement oftllc parlies, and nzay be amended, waived, changed, modifi4 extended or rescinded only by in writing; signed by the party against whonn any Sueh amendment, waiver, change, modific.itic n, extension andior roscission is sought, F. If there is a conflict or inconsistency between any terttt, statement, rccltliroment, or provision of any exhibit auachcd horde, aily &Mlmcnt or events rclevmd to herein, or any document inc(arnora[ed info Liles Agrccmcnt, the term, statement, requirement, or provision contained in this FI'1 Security Seg -vices, Tne. 12 err — City afftiny Isles Beath 18070 Collins Avenue, Sunny isles beach, Fiodds 33160 (305) 9474M phono (305) 9443113 fax Agreement khallpievail and begiven supeiorefifect and priority overmy conflicting or Inconsistent term, statet»e tt, requirementer provision contained in nay other document or attasWent, including but not limited to Attachments "A", "B" grad "C". IN iVI'INESS 1Vl1IMEOF, the parties hereto have =Med this Avvei enl in duplicate on tate day and ym first written above. 1tVITNES& FP1 SECURITY SERVICES, INC. Daniel Gflnzal 4 Vice President ATTES : I CITY OF SUNNY ISLES REACH J BY: lay M 'cio rite ur, CMC, City Ciexlc I RA16. bity maoaser f BY: t! Lil Dowm Head VM sdoutityS41Y[M,Im. A]WROVED AS TO FORM AND LOCAL Si FFICIRNCY BY: . Edward A. Bion, City Attomq )3