Loading...
HomeMy WebLinkAboutReso 2021-3200RESOLUTION NO.2021 - 3ZP�0 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 PROVIDE A CUSTOMER SERVICE AMBASSADOR FOR THE PIER PARK PARKING LOT, IN A TOTAL AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised Request for Proposal No. 18-03-01 ("RFP") for a Pier Park Parking Lot Attendant and received five (5) responses, and it was determined that FPI Security Services, Inc. ("Contractor") was the lowest responsible, responsive bidder; and WHEREAS, on June 21, 2018, via Resolution No. 2018-2828, the City Commission awarded the RFP to, and entered into an Agreement with, the Contractor in an amount not to exceed $120,000.00 for an initial term of two (2) years; and WHEREAS, on July 18, 2020, via Resolution No. 2020-3075, the City Commission approved a First Amendment to the Agreement with the Contractor, thereby exercising its first of three (3) renewal options, in an amount not to exceed $60,000.00, bringing the total amount not to exceed $180,000.00; and WHEREAS, the City Manager, being satisfied with the services performed by the Contractor, recommends renewing the agreement for a second one (1) year period, of which one (1) renewal period remains; and WHEREAS, the City Commission now wishes to approve a Second Amendment to the Agreement with FPI Security Services, Inc. to provide a bilingual Customer Service Ambassador for the Pier Park Parking Lot, in an amount not to exceed Sixty Thousand Dollars ($60,000.00), bringing the total contract amount not to exceed Two Hundred Forty Thousand Dollars ($240,000.00), 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 a bilingual Customer Service Ambassador for the Pier Park Parking Lot, in an amount not to exceed Sixty Thousand Dollars ($60,000.00), bringing the total contract amount not to exceed Two Hundred Forty Thousand Dollars ($240,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Ci . 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. @BCL@4C0CB9B4.doc Pagel of 2 PASSED AND ADOPTED this 17Ih daytne 2021. Geor H. Scholl, Mayor ATT S APPROVED AS TO FORM A LEG UFFICIENCY: Mau ici Be ancur, CMC, City Clerk E and A. Dion, City Attorney Movedby: (,�pYVtyVItS�o�f���OL rYtfl�l Seconded by: _�It r't OQ- �;Vt f� Vote: Mayor Scholl (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman �� (Yes) (No) Commissioner Lama �— (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@4COCB9B4.doc Page 2 of 2 a swi-14Y fCity of Sunny Isles Beach ' 18070 Collins Avenue 40 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall OF SJ (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Sylvia Flores, Cultural and Community Services Director DATE: June 17, 2021 RE: Second Amendment to the Agreement with FPI Security Services, Inc. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: In 2018, the City awarded RFP No. 18-03-01 to FPI Security Services, Inc. for a parking lot attendant fc Pier Park Parking lot. At that time, the City entered into an agreement with FPI Security Services, Inc with an initial term of two (2) years, with three (3) additional one (1) year renewal periods, for a maximum of five (5) years. ADDITIONAL INFORMATION: The City has been satisfied with the services provided by FPI Security, and therefore, wishes to exercise our second renewal option, from July 1, 2021 through June 30, 2022. For this period, we are requesting an additional $60,000, bringing the contract total not -to -exceed amount to $240,000.00. FUNDING SOURCE: Funding is budgeted for and available in 001-6-5720-431000-50000. ATTACHMENTS: Resolution Second Amendment Item Number: 10.A SJNNY'Yf`F�0 / SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FPI SECURITY SERVICES INC r CONTRACT NO. 6826-089-1 y( C\os SOFOory This Second Amendment to the Agreement between the CITY OF SUNNY ISLES PEACH ("City") and FPI SECURITY SERVICES, INC., ("Contractor") executed this A day of &tG , 2020, is made a part of the original Agreement dated June 21, 2018, Contract No. 6826-089 ("the Agreement"), attached hereto as Attachment "A", between the City and Contractor, whose Federal Identification # is 37-1499692. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. The City hereby elects to exercise its second option to renew for one (1) year as set forth in Section 3 of the original Agreement, which is incorporated herein by reference. The effective date of this second amendment shall commence on July 1, 2021, and shall terminate no later than June 30, 2022. There will be one (1) additional renewal term remaining as per the original Agreement. 2. ADDITIONAL COMPENSATION. Effective July 1, 2021, the payment to Contractor, is hereby amended to include additional compensation of Sixty Thousand Dollars ($60,000.00) for the term commencing on July 1, 2021, and terminating no later than June 30, 2022, thereby increasing the total contract amount to Two Hundred Forty Thousand Dollars ($240,000.00). 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 4. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor -does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment «C„ 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated June 21, 2018, shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terns, statements, requirements, or provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A", "B", and "C". IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date mentioned above. WI E FPI SECURITY SERVICES, INC. Signature BY: Daniel Gonzalez, Vice President Olri+�GL �ar�� ena.. Print Name ATTES CITY OF SLES BEACH BY: BY: Mau 'cio Be ncur C-�hristepl3ar-J=uasGitManage CMC City C rk �1�° ��' `Y�nuy�►- APP A RM AND LEGAL FIC CY BY. Depa ent Head Edward A. Dion, City ttorney v\ FPI SECURITY SERVICES, INC Page 2 SUNNY tE y T AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH • : ' AND FPI SECURITY SERVICES, NC. s, /i•"a° CONTRACT NO. 6826- 089 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this V % day of June, 2018, by and between the CITY OF SUNNY ISLES BEACH, (hereinafter referred to as "City"), and FPI SECURITY SERVICES, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 37-1499692. RECITALS WHEREAS, the City is in need of an onsite parking lot attendant to provide traffic control at the City's Pier Parking Lot (`'Services''), as more particularly described in Request for Proposal No. 18-03-01, which is incorporated herein by reference; and WHEREAS, the City issued Request for Proposal ("RFP") No. 18-03-01 ("RFP") for Pier Parking Lot Attendant ("Services") and Contractor was selected as the lowest responsible, responsive bidder; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to contract with Contractor to provide the services in a total amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00) during the initial two year term of this Agreement. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide a bilingual (English and Spanish) onsite parking lot attendant to interact with visitors seven (7) days per week and federal holidays from 9:00am to 7:00pm and from time to time the City may require one (1) or more parking attendants for special events or services, at the rate of Fifteen Dollars ($15.00) per hour, as more particularly described in Attachments "A". The 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's property, improvements and persons. Contractor will require its employees to perform their work in a manner consistent with the type and scope of work to be performed. 3. TERM. Subject to .the provisions relating to the termination of this Agreement .as set forth hereunder, the term of this Agreement shall commence upon the date stated in a Notice to Proceed from the City Manager or designee and end no later than June 30, 2020. The initial term 6826-089 FPI SECURITY SERVICES, FNIC. Attachment "A" City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall be for two (2) years with three (3) additional one (1) year renewal period for a maximum of five (5) years. 4. - COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, Sixty Thousand Dollars ($60,000) per year in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00), which represents Services provided seven (7) days per week including federal holidays from 9:00am to 7:00pm, and from time to time as the City may, the City may require, throughout the year at the rate of Fifteen Dollars ($15.00) per hour, as described in Attachment "A" which is incorporated herein by reference. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected under the following conditions. The City shall not .be billed for missed hours. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payments shall made only after completion of each monthly service period. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. .Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. 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. If the City should not appropriate or otherwise make available funds suff cient to purchase the Services procured pursuant to this Agreement, during any year ' under this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. 6826-089 FPI SECURITY SERVICES, RAC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents fiat it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. PENALTIES FOR NON-COMPLIANCE WITH MINIMUM STAFFING REQUIREMENTS OR HOURS OF OPERATION. In the event Contractor does not strictly comply with the minimum staffing and/or hours of operations requirements as required by Section 3.3 of Request for Proposal No. 18-03-01, which is incorporated herein by reference, during any normal assigned working day and/or special event working day, then the Contractor shall forfeit Two Hundred Dollars ($200.00) in compensation per occurrence as a result of said breach. The compensation forfeited as a result of said breach shall be deducted from any invoices submitted by Contractor for payment. Breach shall include failure to provide security coverage at the designated parking site by any officer for any reason except for Acts of God, and until such time as a qualified pre -approved officer arrives on duty. For the purpose of this section, Acts of God means hurricanes, tropical storms, tornadoes, fire, flood, earthquakes, tsunami, hail or natural catastrophe. The penalty assessed shall be added to any invoices submitted by Contractor for payment during the violation period. A breach shall be deemed to have occurred if Contractor does not provide at least one (1) parking attendant during any normal assigned working day or does not provide the minimum number of required parking attendants for any special event working day. Additionally, a breach shall be deemed to have occurred if the assigned parking lot attendant(s) leaves early or arrives late without advanced written approval from The City. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement -or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: 6826-089 FPI SECURITY SERVICES, INC. City of Sunny .isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, premises and completed operations, independent contractors, broad form property damage, broad form contractual coverage, personal injury coverage with employee and contractual exclusions removed, with minimum limits of coverage equal to those required for bodily injury liability and property damage liability, with primary limits of One Million Dollars • ($1,000,000) per occurrence and 'Two Million Dollars ($2,000,000.00) aggregate during the initial and any renewal term of this Agreement. ❑ Worker's Compensation Insurance for statutory obligations imposed,by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. ❑ Umbrella insurance above the comprehensive general liability for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence during the initial and any renewal term of this Agreement. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub -contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERMINATION AND REMEDIES FOR BREACH, A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City 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 4 6826-089 FPI SECURITY SERVICES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Additionally, in the event of termination by the City, whether for cause or convenience, the Contractor shall only be entitled to compensation for Services satisfactorily performed prior to the date of termination and shall not be entitled to any damages for the remaining unexpired term of the Agreement. Finally, in no event shall the Contractor, including any party related thereto or affiliated therewith, be entitled to any indirect, incidental, consequential, punitive or special damages, including but not limited to, lost profit. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. D. Ten-nination for Abandonment. The City reserves the right to terminate the contract and any remaining Services to be performed in the event that a security officer abandons the designated post for any reason, upon written notice. 9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and 6826-089 FPI SECURITY SERVICES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 10. - WAIVER•OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Ave. Fourth Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Ave. Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Daniel Gonzalez Contractor: Vice President FPI Security Services, Inc. 1776 West 38Place Hialeah, Florida 33012 Tel : (305) 827-4300 Fax : (305) 826-7741 dgonzalez f isecurity.com IN 6826-089 FPI SECURITY SERVICES, INC. City of Su nny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax 13. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. W. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the Contractor. The Contractor guarantees that he/she has not offered or given to" any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impainnent, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the 7 6826-089 FPI SECURITY SERVICES; INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinancEs of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "'A". 19. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with •a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF -CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC 6826-089 FPI SECURITY SERVICES, INC. City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 0 Floor, Sunny Isles Beach, Florida 33160. 20. PROHIBITION AGAINST CONTRACTING. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan.List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 21. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. E 6826-089 FPl SECURITY SERVICES.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above, A' FPI SECURITY SERVICES, INC. Daniel Gonzalez, Vice President CITY OFAUNNY I,$LES BEACH BY: BY: l—X Mlauri& Betanc •, CMC, City Clerk Georg. Scholl, Mayor APPROVED AS TO FORM AND LEGAL SUFF4C1FNC.V City Attorney 10 6826-089 FP1 SECURITY SERVICES, INC. OF S,'ANY /SCfJd F n CONTRACTOR ANTI -BOYCOTT CERTIFICATION F'99�•FlOR�O ti f/fY Of SUM nN0 [PURSUANT TO FLORIDA STATUTE § 287.1351 on behalf of , Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 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 Title Date Attachment "B" Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name Offeror Signature Date Print Name Title Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this day of 2021. By ❑ Is personally known to me ❑ Has produced identification (type of identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date Attachment "C"