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HomeMy Public PortalAbout2023-30 Selecting Coastal Building Maintenance, Inc. for custodial servicesR E S O L U T IO N N O . 202 3 -3 0 A RE S O L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , S E L E C T IN G C O A S T A L B U IL D IN G M A IN T E N A N C E , IN C. F O R C U S T O D IA L S E R V IC E S P U R S U A N T T O R E Q U E S T F O R P R O P O S A L N O . 20 23 -0 8 IN A N A M O U N T N O T T O E X C E E D A N N U A L L Y $4 4 3 ,63 2 .0 0 ; P R O V ID IN G F O R A U T H O RI Z A T IO N ; A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E . W H E RE A S , the V ill age of K ey B iscayne (the "V illage") issued Request fo r Pro posal N o. 2023-08 (the "R FP ") fo r custodial services (the "Services"); and WHEREAS, fi ve sealed pro posals w ere received by the RF P deadline; and WHEREAS, on A pril 26, 2023, an Evaluation C om m ittee appointed by the V illage M anager evaluated the pro posals and ra nk ed C oastal B uilding M aintenance Inc. (the "C ontra ctor") as the highest ra nk ed fir m ; and WHEREAS, the V ill age M anager recom m ended that the C ontra ctor be selected to pro vide the S ervices as fu rt her pro vided in the Staff M em ora ndum supporting this R esolution; and WHEREAS, the V ill age C ouncil desires to select the C ontra ctor to pro vide the Services and authorize the V ill age M anager to negotiate and enter into an agreem ent w ith the C ontra ctor in an am ount not to exceed $443,632.00 ann ually consistent w ith the C ontra ctor's pro posal attached hereto as E xhibit "A ;" and WHEREAS, the V ill age C ouncil fi nds that this R esolution is in the best interest and w elfa re of the residents of the V ill age. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. T hat each of the above-stated recitals are hereby adopted, confir m ed, and in corpora ted herein . Section 2. Services. Section 3. Selection. That the V ill age Council hereby selects the Contra ctor for the A uthorization. That the V ill age Council hereby authorizes the V ill age M anager, to negotiate and execute an agreem ent w ith Contra ctor in an am ount not to exceed $443,632.00 ann ually, consistent w ith the pro posal attached hereto as Exh ibit "A ," and subject to the V ill age Attorn ey's appro val as to fo rm , content, and legal suffi ciency. If an agreem ent cann ot be reached w ith the C ontra ctor, the V ill age M anager is authorized to negotiate and execute an agreem ent w ith the next highest rank ed firm (s), in order of rank ing, as pro vided in the Staff M em ora ndum supporting this Resolution, until an agreem ent in the best interest of the Village is reached Section 4. adoption. Effective D ate. That this Resolution shall be effective imm ediately upon PA SSED and AD O PTED this 6th day of ,W!l!e 2023~ JO E I. RA SCO , M A Y O R A T T E ST : @f ~~ ~i? (.(oU---, V IL L A G E C LE RK A PP~ CGAL SU FFI CIE N C W EI SS SER OTA HE LFM A N CO LE & BIE RM A N , P.L. V IL L A G E AT T ORN E Y Page 2 of3 E X H IB IT A Coastal Building Maintenance Inc. Proposal for RFP 2023-08 Page 3 of3 E X H IB IT A c~ 8651 NW 70TH ST, MIAMI, FL 33166 Phone 305-681-6100 Fax 305-681-3584 COASTAL BUILDING MAINTENANCE April 12, 2023 Village of Key Biscayne Procurement Department Attn: Daren Jairam Procurement Officer 88 West McIntyre Street Key Biscayne, FL 33149 RE: REQUEST FOR PROPOSALS NO. 2023-08 CUSTODIAL SERVICES Dear Mr. Jairam Enclosed, please find our comprehensive response to your Request for Proposals, referenced above. We are deeply grateful for the 20+ year service partnership that CBM has had with the Village of Key Biscayne. From humble beginnings, our service offering has expanded over the years to its present iteration. We appreciate the opportunity to participate in this RFP process and are hopeful that we will continue to service the Key Biscayne community. We have made every effort to answer and address all pertinent aspects of the RFP. I look forward to discussing our response and answering any questions during the next phase of the Village's evaluation process. Best regards, msulliva n@cbmflorida.com Ext. 1002 RFP Response Pg. #: 1 www. cbmflorida. com 8651 NW 70TH ST, MIAMI, FL 33166 Phone 305-681-6100 Fax 305-681-3584 COASTAL BUil.DiNG MAINTENANCE Table of Contents Forms, Affidavits, and Attachments (RFP Section 6) RFP Response Page(s) # Form l: Response Checklist 3-,--_ Form 2: Addendum Acknowledgement .....,4~- Form 3A: Certificate of Authority (Corporations) 5~- Form 4: Proposer's Statement of Organization) --,.........,"'""" Form 5: References _ Required Reference Letters l 1 _-_13 Form 6: Affidavits - Form 6A: Single Execution Affidavits l 4_-_19 Form 6B: Independences Affidavit ---=20=--==21 Form 6C: Non-Collusion Affidavit _,,,,2...,..2-...,,2,..,.3 Form 7: Drug Free Workplace ..,,,2...,..4-_2_5 Form 8: Certification to Accuracy of ProposaI 2_6_ Form 9: Scrutinized Companies ~27_ Form 1 O: Public Entity Crimes ....;:2::..:8;_-3.::....::0 Form 11: Dispute Disclosure 3_1_ Form 12: List of Proposed Subcontractors 3_2_ Form 13: Securities Form 13D: Performance & Payment 3_3_-_36 Form 14: Certificate of Insurance (Sample) 3,..,.7_-3~9 Form: 15: Company Qualification Questionnaire 4_0-_4_1 Attachment A: Draft Contract 4_2_-5_1 Exhibits - RFP RESPONSE PG # 52 A. Scope of Services 5_3_-_61 B. Fee Schedule/Pricing ProposaI 6_2_ C: Transition Plan 6_3_ D: Custodial Service Frequencies 6_4_-7_5 E: Performance Evaluation Criteria 7_6_ F: Certificate of Insurance (Sample) 7_7_-7_8 Financial Stability/Statements - RFP RESPONSE PG# 79 (A TT ACHED THEREAFTER) Please find non-audited financial statements containing a balance sheet, an income statement, and statements of cash flow, plus tax returns for the past 2 years filed. RFP Response Pg. #: 2 www.cbmflorida.com Custodial Services - RFP # 2023-08 SECTION 6. FORMS, AFFIDAVITS, AND ATTACHMENTS FORM 1 RESPONSE CHECKLIST ~ Form 1: Response Checklist 0 Form 2: Addendum Acknowledgment 0 Form 3: Certificate of Authority (Complete one of the two forms as applicable) • • Form 3A: Form 3B: Certificate of Authority (for Corporations or Partnerships) Certificate of Authority (for Individuals) ~ Form 4: Proposer's Statement of Organization 0 Form 5: References ~ Form 6: Affidavits • Form 6A: Single Execution Affidavits • Form 6B: Independence Affidavit • Form 6C: Non-Collusion Affidavit 0 Form 7: Drug Free Workplace 0 Form 8: Certification to Accuracy of Proposal 0 Form 9: Scrutinized Companies ~ Form 10: Public Entity Crimes 0 Form 11: Dispute Disclosure 129 Form 12: List of Proposed Subcontractors ~ Form 13: Securities • Form 13D: Performance and Payment Security ~ Form 14: Certificate of Insurance ~ Form 15: Company Qualification Questionnaire ATTACHMENTS A: Draft Contract EXHIBITS [Z A: Scope of Services ~ B: Fee Schedule/Price Proposal ~ C: Transition Plan 0 D: Custodial Service Frequencies 0 E: Performance Evaluation Criteria ~ F: Certificate of Insurance 30 RFP Response Pg. #: 3 Custodial Services - RFP # 2023-08 FORM 2 ADDENDUM ACKNOWLEDGEMENT Solicitation Title: CUSTODIAL SERVICES Solicitation No.: RFP # 2023-08 Listed below are the dates of issue for each Addendum received in connection with this Solicitation: Addendum No. 1 Dated 3L31L2023 Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated D No Addendum issued for this Solicitation Firm's Name: Coastal Building Maintenance (CBM) Authorized Representative's Name: __ M_a_tt_S_u_ll_iv_a_n _ Title: President Email: msullivan@cbmforida.com Phone Number: 305.681.6100 ~ Authorized Signature: -------.l~,_,_.,.~h'--,,,C.¥-h~c.-.::..---~------------ 31 RFP Response Pg.#: 4 Custodial Services - RFP # 2023-08 FORM 3A CERTIFICATE OF AUTHORITY (If Corporation) I HEREBY CERTIFY that a meeting of the [circle one] Board of Directors/ Partners of _ Coastal Building Maintenance (CBM) ________ a business existing under the laws of the State of __ F_lo_ri_d_a _ (the "Entity") held on A"""'p~r~il 6 _,, 20-1l., the following resolution was duly passed and adopted: "RESOLVED, that, -~M~a~t~t =Su=l~liv~a=n~--------- as __ P __ re s id e __ nt of the Entity, be and is hereby authorized to execute this Proposal dated _-'-A-"-p'--'-ri'-'I1=3'- ___,, 2o__n__, on behalf of the Entity and submit this Proposal to the Village of Key Biscayne, and this Entity and the execution of this Certificate of Authority, attested to by the Secretary oft he Corporation, and with the Entity's Seal affixed, will be the official act and deed of this Entity." I FURTHER CERTIFY that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Entity this 6th __ A__.p_r_il ---,t• 20 23 . President, ~ P . t N /~attSumvan rm ame: _ (Seal) 32 RFP Response Pg. #: 5 Custod ial Serv ices - RFP # 2023-08 FORM4 PROPOSER'S STATEMENT OF ORGANIZATION 1. Full Name of Proposer: Coastal Building Maintenance, Inc. 2. Principal Business Address, Phone and Email Address: 8651 NW 70th St. Miami, FL 33166 PH: 305.681.6100 3. Principal Contact Person(s): Matt Sullivan, President msullivan@cbmflorida.com Jeff Noyes, Vice President jnoyes@cbmflorida.com 4. Form of Proposer (Corporation, Partnership, Joint Venture, Other): Corporation A. If a corporation, in what state incorporated: _F_l_o_rid_a _ B. Date Incorporated: __ O_c_to_b_e_r_1_4'-1_9_9_6 _ C. Federal ID Number (EIN) __ 6_5_-0_7_00_6_0_5 _ D. If a joint Venture or Partnership, date of Agreement: __ N..:..../_A _ E. Name and address of all partners (state whether general or limited partnership): __ N_/_A _ F. If other than a corporation or partnership describe, organization and name of principals. __ N~/_A _ 5. Provide names of principals or officers as appropriate and provide proof of the ability of the individuals so named to legally bind proposer. Name Title Matt Sulllivan President Jeff Noyes Vice President 6. Indicate the number of years' proposer has had current continual successful experience performing work of a similar scope relevant to this RFP Agreement. -=-50=----'-Ye=a=r=-s _ 7. List all entities participating in this Agreement (including subcontractors if applicable): Name Address Title A. B. C. N/A 34 RFP Response Pg.#: 6 Custodial Services - RFP II 2023-08 D. 8. Outline specific areas of responsibility for each entity listed in Question 7. A. N/A B. C. D . 9. County or municipal business tax receipt number (attach copies): County: Miami-Dade Municipal: City of Miami 10. Have you ever failed to complete any work awarded to you? Yes No X If yes, attach a separate sheet of explanation. 11. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement? Yes No _X_ If yes, attach a separate sheet of explanation. 12. Within the last five years, have you ever had a performance, payment or bid bond called? Yes No X If yes, attach a separate sheet of explanation. 13. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the Village? Yes No X If yes, attach a separate sheet of explanation. 14. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes No _X_ If yes, attach a separate sheet of explanation. 15. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No X If yes, attach a separate sheet of explanation. 16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years? Yes No _JL If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted and/or fined for any criminal activity within the last five years? Yes No~ If yes, attach a separate sheet of explanation. 18. Within the last five years, have you, any officer or partner of your organization, or the 35 RFP Response Pg.#: 7 Custodial Serv ices - RFP # 2023-08 organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office? Yes No _x_ If yes, attach a separate sheet of explanation. 19. Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity? Yes No~ If yes, attach a separate sheet of explanation. 20. Within the last five years, have there been any reports or audits relating to you, any office or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office. Yes No _x_ If yes, attach a separate sheet of explanation. 21. Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest. Yes No __x_ If yes, attach a separate sheet of explanation. Sign~• Matt Sullivan Print Name President Title April 12, 2023 Date STATE OF COUNTY OF ~ The foregoing instrument was acknowledged before me this~ day of fy-c\ by Matt Sullivan President __________________ as _ {Name of person acknowledging) (Title) for Coastal Building Maintenance {Company name) Personally known to me _X_ or has produced Identification __ , type of identification produced -n_,. ...... (N -SI_G_N_A_T4~-"-'0-F-NO_~_A_R_Y_P_U_B_LI_C_- _ _..··J;~,: ,;;;i;•,. JOANNA CONCEPCION RODRIGUEZ /f~~~l Notary Public· State of Florida '-J~~/ Commission# HH 144109 ·1:.~~-~~'.\-·· My Comm. Expires Oct 1, 2024 Bonded through National Notary Assn. Joanna Rodriguez PRINT, TYPE/STAMP NAME OF NOTARY 36 RFP Response Pg.#: 8 C u s t o d i a l S e rv ic e s - R F P # 2 0 2 3 -0 8 FORM 5 CLIENT REFERENCES IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, CONTRACTOR TO PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. PRINT CLEARLY REFERENCE #1 Name of Company: Ba_.p ..... t_is_t_H_e_a_lt_h _R_ea_l_E_s_ta....;.te__,;_&;_D_e'-v....;.e.....;lo'-"p_m __ e'--n---'t _ Reference Contact Name: Lissette Linares ----~---'--------------------- Contact Title: __ P_r_o.,_p_ert__,_y_M_a_n_a..._ge_r _ Contact Telephone: ---'3'""'0-"5-'.5'"""'0-"5.....;.5:....::5-"9...::.5 _ Contact Email: lissettel@baptisthealth.net Contract Start Date: __ 2'"""0_12 _ Contract End Date: _.....;Oc..;.n"""g=o-'-'in""'g.__ __ A_n_nu_a_l_V_al_ue_:_,_$_2_.9m REFERENCE #2 Name of Company: Palmer Trinity School (Maintenance & Custodial) Reference Contact Name: Paul Zamek --------------------------- Contact Title: Assistant Head of School - Campus Planning & Facilities Contact Telephone: _3_0_5_.9_6_9_.4_2_3_7 _ Contact Email: pzamek@palmertrinity.org -~--~----~~------------------- Contract Start Date: 2014 -------- Contract End Date: __ O_n--=g,__o_i n--=g'-- __ A_n_n_ua_l_V_al_u_e:_$_7_65,600 REFERENCE #3 Name of Company:_""""""Lo"-e"-'w"""'...::.s..;.;M..;.;i=a;..;..m;.;..i =B=ea=c:..:..h'---------------------- Reference Contact Name: Mutlu Kucuk --------------------------- Contact Title: General Manager Contact Telephone: 305.695.4487 ----------------------------- Contact Email: mkucuk@loewshotels.com Contract Start Date: 2016 --------- Contract End Date: Ongoing Annual Value: $815,340 37 RFP Response Pg.#: 9 Custodial Services - RFP # 2023-08 REFERENCE #4 Name of Company:. M_e_m_o_r_ia_l_H_e_a---lt h_ca_r_e_S_,_y..:...st;_:e---m _ Reference Contact Name: Matt Horne ------'-'------------------------- Contact Title: Director of Property Management Contact Telephone: _9::....:5'-4---.2'-6'--'5---. 7....:1::....:0;_.;;3 _ Contact Email: mhorne@mhs.net Contract Start Date: 2020 --------- Contract End Date: Ongoine Annual Value: $641,616 REFERENCE #5 Name of Company: Transwestern Real Estate Management Reference Contact Name: Andrea Lopez --------------------------- Contact Title: __ D_i_re_c_to_r_o_f_P_r_o.,__p_ert__,_y_M_a_n_a_,,,gc...e_m_e_n_t _ Contact Telephone: _3_0_5_.4_4_7_.9_1_9_1 _ Contact Email: andrea.lopez@transwestern.com Contract Start Date: 2001 --------- Contract End Date: Ongoing Annual Value: Multiple sites 38 RFP Response Pg.#: 10 From: To: Subject: Date: Arturo Beguiristain Jeff Noyes CBM reference letter Wednesday, April 12, 2023 2:57:39 PM ----·~---~-----·---~------·~-- To whom it may concern: As the director of facilities for a large private school with over 55 acres of campus buildings, fields and general use areas, I have used the services of CBM since 2014. CBM provides our school with day porters, maintenance staff, groundskeeping and night cleaning personnel. I have found CBM to be highly professional, responsive, honest and easy to work with. It is common to have some level of issues or concerns when dealing with individuals in the service business, but CBM has always addressed any concerns or complaints with professionalism and prompt follow up. CBM took over in 2014 from a national service company that had limited operations in South Florida. We could immediately tell the difference with their significant operations presence and expertise in schools. They were flexible in order to meet the complexities of our campus and how we use our facilities. Notably, CBM saved us considerable money by right sizing the crew size and cutting overtime, while overall delivering higher quality. Our partnership has been very positive and I would recommend CBM at your property. Best regards, ARTURO BEGUIRISTAIN [ij ARTURO BEGUIRISTAIN DIRECTOR OF FACILITIES AND SECURITY 8001 S.W. 184 STREET, MIAMI, FL 33157 MAILING ADDRESS 7900 SW 176TH STREET, MIAMI, FL 33157 T (305) 259-1114 E ABEGUIRISTAIN@PALMERTRINITY.ORG W W W .PALM ERTRINITY.ORG RFP Response Pg. #: 11 Iii TRANSWESTERN® 95 Merrick Way Suite 480 Miami, FL 33131 Phone: 305.808.7824 April 12, 2023 To whom it may concern: As Managing Senior Vice President at Transwestern, I am responsible for the oversight of all asset services across Florida, which includes IOM+ square feet of institutionally owned commercial properties, encompassing Class-A office, retail, and industrial properties. For over 22 years, our South Florida team has contracted Coastal Building Maintenance for a variety of services which include routine cleaning, porter services, and specialty project work such as garage cleaning, pressuring cleaning, floor care, acute disinfection, staffing and related services. The fact that we have worked with Matt Sullivan and the CBM team for so long is a testament to the value CBM brings to our team. I have always had a direct line of contact with Matt Sullivan who is quick to address our needs, whether tenant or team driven, but seldomly have I needed to reach him throughout these many years as it relates to operational concerns given that we have fostered a fantastic relationship with his operations' team who has always been extremely responsive and attentive as needed. I would not hesitate to recommend the CBM team, collectively, as they have been a great group to work with. Sincerely, {7< RFP Response Pg.#: 12 From: To: Subject: Date: Attachments: Miguel Suarez/USA Jeff Noyes Letter of Rec Wednesday, April 12, 2023 1:54:03 PM imaaeoo1.ona To whom it may concern, CBM has been our janitorial service vendor for over 10 years, and I would not hesitate to recommend them for other facilities. My building is a mixed used, medical/commercial office building with unique tenants and various service requirements. CBM's management and leadership has always addressed our needs and any concerns without delay. Their supervisor and employees assigned to my property are good people and understand the requirements of the job and our expectations. I have always had a strong communication ties with my operations and executive contacts. I would recommend CBM for consideration at other buildings. Thank you. Miguel Suarez Chief Engineer Direct: +1 7 86 4 23 10 48 Fax: +1 305 548 1236 miguel.suarez@cushwake.com 111 1 C U S H M A N & di •• WAKEl'=IELD 19 5'1 N W i h Ave. Suite 300 Miami, FL 33136 i U S A cushmanwakefield.com Linkedln I Facebook I Twitter I YouTube I QQQ.gle + J lnstagram The information contained in this email (including any attachments) is confidential, may be subject to legal or other professional privilege and contain copyright material, and is intended for use by the named recipient(s) only. Access to or use of this email or its attachments by anyone else is strictly prohibited and may be unlawful. If you are RFP Response Pg, #: 13 C u s to d ia l Se rv ic e s - R F P # 2 0 2 3 -0 8 FORM 6A SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID. THESE SINGLE EXECUTION AFF IDAVITS ARE SUBMITTED TO THE VILLA GE OF KEY BISCAYNE AND ARE STATEMENTS MADE: By: M_a_t_t _Su_l_liv_a_n _ For (Name of Proposing or Bidding Entity): __ C_o_a_st_a_l B_u_i_ld_in_g_M_a·_m_te_n_a_n_ce_,_l_nc_._(_CB_M_) _ Whose business address is: __ 86_5_1_N _W_7_0_t_h_S_t.-'-, _M_ia_m_·_,_1, _FL_33_1_6_6 _ And (if applicable) its Federal Employer Identification Number (FEIN) is: __ 6_5_-0_7_0_0_6_05 _ (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ~ Americans with Disabilities Act Compliance Affidavit The above-named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third-party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501- 553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Proposer Initials 39 RFP Response Pg.#: 14 Custodial Services - RFP # 2023-08 Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133{1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) [)(J Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. [ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 40 RFP Response Pg. #: 15 Custodial Serv ic es - RFP # 2023-08 [ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287 .017, Florida Statutes for category two of any change in the information contained in this form. Proposer Initials No Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County conflict of interest or code of ethics ordinances. Further, Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract. Proposer Initials Business Entity Affidavit Proposer hereby recognizes and certifies that no elected official, board member, or employee of the Village of Key Biscayne (the" Village") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no Village employee, nor any elected or appointed officer (including Village board members) of the Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Village, may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such Village employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above-described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by Village. Further, Proposer recognizes that with respect to this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or rules of the Village, the provisions of Miami-Dade 41 RFP Response Pg.#: 16 C u s t o d ia l S e rv ic e s - R F P # 2023-08 County Code Section 2-11.1, as applicable to Village, or the provisions of Chapter 112, part Ill, Fla. Stat., the Code of Ethics fo r Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or serv ices fo r which the bid or pro posal is submitted and may be further disqualified from subm itting any future bids or pro posals fo r goods or services to Village. Proposer Initials Anti-Collusion Affidavit 1. Proposer/Bidder has personal know ledge of the matters set forth in its Proposal/Bid and is fully info rm ed respecting the preparation and contents of the attached Proposal/Bid and all pertinent circum stances respecting the Proposal/Bid; 2. The Pro posal/Bid is genuine and is not a collusive or sham Proposal/Bid; and 3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives, em ployees, or parties in interest, including Affiant, has in any way colluded, conspired, co nnived, or agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or co m m unication or conference with any other Proposer/Bidder, firm, or person to fix the price or prices in the attached Pro posal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or cost elem ent of the Pro posal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Village of Key Biscayne or any person interested in the proposed Contract. Proposer Initials Scrutinized Company Certification 1. Pro poser certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.13 5, F.S., the Village may immediately terminate the Agreement that may result from this 1TB at its sole option if the Proposer or its subcontractors are found to have subm itted a fa lse certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Com panies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreem ent. 2. If the Agreem ent that may result from this 1TB is for more than one million dollars, the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Com panies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287. 135, F .S. pursuant to Section 287. 135, F.S., the Village m ay im mediately terminate the Agreement that may result from this 1TB at its sole option if the Pro poser, its affiliates, or its subcontractors are found to have submitted a false cert ification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Com panies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreem ent. 42 RFP Response Pg.#: 17 Custodial Serv ic es - RFP # 2023-08 3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this 1TB. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. 1MS Proposer Initials Acknowledgment. Warranty, and Acceptance 1. CONTRACT OR warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. CONTRACTOR warrants that it has read, understands, and is willing to comply with all requirements of RFP # 2023-08 CUSTODIAL SERVICES and any addendum/addenda related thereto. 3. CONTRACTOR warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the Village Council or Village Manager, as applicable. 4. CONTRACTOR warrants that all information provided by it in connection with this Proposal is true and accurate. Proposer Initials Truth in Negotiation Certification The CONTRACTOR hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The CONTRACTOR further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Village determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of the final billing or acceptance of the work by the Village, whichever is later. Respondent Initials Sworn Signature of Proposing Entity Representative and Notarization for all above Affidavits follows on the next page 43 RFP Response Pg.#: 18 C u s t o d ia l S e rv ic e s - R F P # 2023-08 Signed, sealed and delivered by: ~~·· Print Name: _ _;M..:...;.;;;a..:..;tt:....::Sc..:u'"'"'ll..:.civ...c.a..:.cn _ Title: P_re_s_id_e_n_t _ Witness #2 Print Name: Agatha Velez ACKNOWLEDGMENT State of Florida County of Miami-Dade On this 12th day of A~p~r_il _, 20-21., before me the undersigned, personally appeared __ M_a_t_t _Su_l_liv_a_n ~ whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. Witness my hand and official seal: --.ir"1i4>_ JOANNA CONCEPCION RODRIGUEZ . ~(:' ii\?i'c:·: Notary Public - State of Florida ·-.1.&.~~/ Commission /I HH 144109 ··-1.".i.r.~<:?,''/ My Comm. Expires Oct 1, 20 24 Bonded through National Notary Assn. ~ ~Joanne Rodriguez Notary Public (Print, Stamp, or Type as Commissioned) X Personally known to me; or ___ Produced identification (Type of Identification: _ ___ Did take an oath; or X Did not take an oath 44 RFP Response Pg. #: 19 C u sto d ia l S e rv ic e s - R F P # 2 0 2 3 -0 8 FORM 6B INDEPENDENCE AFFIFAVIT The undersigned individual, being duly sworn, deposes and says that: I am Matt Sullivan has submitted the attached proposal; of Coastal Building Maintenence , the proposer that I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have or have had during the past five years, any relationships (professional, financial, familial or otherwise) with the VILLAGE (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee. A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or on-going personal relationships, or joint involvement with charitable/voluntary activities. Relationship includes having a prior or current contract with the VILLAGE. Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have received any promise of compensation, remuneration, gift, discount, or other gratuity in exchange for my proposal. I understand and agree that I shall give the VILLAGE written notice of any other relationships (as defined above) that I enter into with the VILLAGE (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee during the period of the Agreement. I set forth below any exceptions to the aforementioned (if none, write "None"): CBM is th incumbent vendor for custodial and handy-man services for the Village. 45 RFP Response Pg. #: 20 C u s t o d ia l S e rv ic e s - R F P # 2023-08 Sign~ Matt Sullivan Print Name President Title April 12, 2023 Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 12th day of _~A ...... p~r~il __ ~• 209 by __ M_a_t_t_S_u_lli_v_an as P_r_e_s_id_e_n_t _ {Name of person acknowledging) for Coastal Building Maintenance (Company name) (Title) Personally known to me _X_ or has produced Identification __ , type of identification produced _ - (NOTARY SEAL HERE) Joanna Rodriguez PRINT, TYPE/STAMP NAME OF NOTAR 46 RFP Response Pg.#: 21 Custodial Services - RFP # 2023-08 FORM 6C NON-COLLUSION AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: 1. He/She is __ M_a_tt_S_u_l_liv_a_n _ of __ Co_a_s_ta_l_B_u_il_d_in_g_M_a_in_t_en_a_n_c_e ~ proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither said proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the attached proposal has been submitted or to refrain from proposing in connection with the Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other proper, firm, or person to fix the price or prices in the attached proposal, or of any other proposer, or to fix any overhead, profit or cost element of the proposal or the response of any other proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the Village of Key Biscayne, Florida, or any person interested in the Agreement; and 5. The response to the attached RFP is fair and proper and is not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 47 RFP Response Pg. #: 22 C u s t o d i a l S e rv ic e s - R F P # 2 0 2 3 -0 8 ~~ Signature (Blue ink only) M att Sullivan Print N am e President Title A pril 12, Date2023 STATE OF COUNTY OF The fo rego ing instrum ent w as acknow ledged befo re m e this 12thday of A___.p"""r il __ _,, 2023 by M_at_t_S_u_ll_iv_a_n as President (Name of person acknowledging) (Title} fo r C_o_a_s_ta_l_B_u _i _ld_i_n~g~M_a_in_t_e_n_a_n_c_e _ (Com pany name} Pe rso nally kno w n to m e _X_ or has pro duced Identification pro duced _ type of identification SIGNATURE OF N Joanna Rodriguez PRINT, TYPE/STAMP NAME OF NOTARY 48 RFP Response Pg.#: 23 Custodial Services - RFP # 2023-08 FORM 7 DRUG FREE WORKPLACE The undersigned proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies that _C_o_a_s_ta_l_B_u_il_d_in~g_M_a ·_m_te_n_a_n_c_e does: (Name of proposer) 1. Publish a statement notifying employees that the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the contractual services described in the RFP document a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the contractual services described in the RFP or the Agreement, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 7. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 49 RFP Response Pg.#: 24 C u s t o d ia l S e rv ic e s - R F P # 2023-08 Sign~ Matt Sullivan Print Name President Title April 12, 2023 Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 12th day of __ A~p_ri_l __ ~, 201J by __ M_a _t_t_S_u_lli_v_an as President (Name of person acknowledging) for __ C_o_a_s_ta_l_B_u_il_d_in-=g'--M_ai_n_te_n_a_n_c_e _ (Company name) (Title) Personally known to me _X_ or has produced Identification __ , type of identification produced ~--. (NOTARY Joanna Rodriguez PRINT, TYPE/STAMP NAME OF NOTARY 50 RFP Response Pg. #: 25 Custodial Serv ices - RFP # 2023-08 FORMS CERTIFICATION TO ACCURACY OF PROPOSAL The proposer, by executing this form, hereby certifies and attests that all forms, affidavits and documents related thereto that it has enclosed in the proposal in support of its proposal are true and accurate. Failure by the proposer to attest to the truth and accuracy of such forms, affidavits and documents shall result in the proposal being deemed non-responsive and such proposal will not be considered. By submitting a proposal to do the work, the proposer certifies that a careful review of the RFP and the Agreement has taken place and that the proposer is fully informed and understands the requirements of the RFP and the Agreement and the quality and quantity of service to be performed. The undersigned individual, being duly sworn, deposes and says that: 1. He/She is Matt Sullivan f Coastal Building Maintenance --------------- 0 ------------~ the proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all forms, affidavits and documents submitted in support of such proposal; 3. All forms, affidavits and documents submitted in support of this proposal and included in this proposal are true and accurate; 4. No information that should have been included in such forms, affidavits and documents has been omitted; and 5. No information that is included in such forms, affidavits or documents is false or misleading. STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this --12.tb. day of _..,_A..,.p..._r .... il __ _,, 201} by M_a_t_t _su_l_li_va_n as President {Name of person acknowledging) {Title) for c_·o_a_st_a_l_B_u_il_d_in_g_M_a_in_t_e_n_a_n_c_e _ (Company name) Personally known to me _X_ or has produced Identification __ , type of identification produced ---:;;.....--- Joanne Rodriguez IG TURE OF NOTARY PUBLIC PRINT, TYPE/STAMP NAME OF NOTARY 51 RFP Response Pg. #: 26 Custodial Serv ices - RFP # 2023-08 FORM9 SCRUTINIZED COMPANIES The undersigned proposer in accordance with Section 287.135, Florida Statutes, hereby certifies that: Proposer is not participating in a boycott of Israel; Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; have business operations in Cuba or Syria. Matt Sullivan Print Name President Title April 12, 2023 Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 12th day of _.;_A,;;_p.:...;.ri'--1 __ _,, 202..3 by Matt Sullivan as _P_re_s_id_e_n_t _ {Name of person acknowledging} for __ C_o_a_st_a_l_B_u_il_d_in__,g=---M_a_i_nt_e_n_a_n_c_e _ {Company name} Personally known to me _X_ or has produced Identification __ , type of identification {Title} produced _ (NOTARY SEAL HERE) SIGNATUR Joanna Rodriguez PRINT, TYPE/STAMP NAME OF NOTARY 52 RFP Response Pg.#: 27 C u sto d ia l S e rv ic e s - R F P # 2 0 2 3 -0 8 FORM 10 PUBLIC ENTITY CRIMES Sworn Statement Under §287.133(3)(a), Florida Statutes (This form must be signed in the presence of a notary public or other officer authorized to administer oaths.) 1. This sworn statement is submitted with Bid, Proposal or contract No. RFP# 2023-08 2. This sworn statement is submitted by: __ C_o_a_st_a_l _Bu_i_ld_i~ng~M_a_in_t_e_n_a_nc_e _ (name of entity submitting sworn statement) 8651 NW 70th St. whose business address is: Miami, FL 33166 65-0700605 Federal Identification Number (FEIN) is: Social Security Number: (if applicable) (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) Matt Sullivan 3. My name is: (print name of individual signing this document) and my relationship to the entity is: P_re_s_id_e_n_t _ 4. I understand that a "public entity crime" as defined in §287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United states, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that a "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes, means a finding of guilt of a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or 53 RFP Response Pg. #: 28 Custodial Services - RFP # 2023-08 (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, share holders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima-facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in §287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which binds or applies to bids on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on the information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) a. _X_Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. b. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 and (Please indicate which additional statement applies) 1) __ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) 2) __ The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) 54 RFP Response Pg. #: 29 Custodial Services - RFP # 2023-08 3) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of }JI ~•I Services) ~ April12, 2023 §ignature Date STATE OF Florida COUNTY OF Miami- Dade The foregoing instrument was acknowledged before me this __ll!_hday of _ ___;_;A=p.;..:.ri.;..._I __ _,, 20TI b Matt Sullivan President y as _ (Name of person acknowledging) for Coastal Building Maintenance (Title) (Company name) Personally known to me _X_ or has produced Identification __ , type of identification produced _ (NOTARY SEAL E~·· v '\t,.'- JOANNA CONCEPCION RODRIGUE (~ ~ :...Wh) Notary Publk - State of Florida \~~ ,~~:i Comm1ss1on II HH 144109 ·· ... ~( .. !.~···· My Comm. Expires Oct 1, 2024 80nded through National Notary Assn. Joanna Rodriguez RINT, TYPE/STAMP NAME OF NOTARY 55 RFP Response Pg.#: 30 Custod ial Serv ices - RFP # 2023-08 FORM 11 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO __ X _ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO __ X _ 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) yea rs that is related to the services your firm provides in the regular course of business? YES NO __ X _ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the Village of Key Biscayne. Firm: Coastal Buildin Authorized Signatur Print or Type Name: __ M_at_t_S_u_ll_iv_a_n _ Title: P_r_e_si_d_en_t _ Date: A_,_pr_il_1_2.,__, _20_2_3 _ 56 RFP Response Pg.#: 31 Custodial Serv ices - RFP # 2023-08 FORM 12 LIST OF PROPOSED SUBCONTRACTORS The undersigned Proposer hereby designates, as follows, all major subcontractors whom they propose to utilize for the major areas of work for the project. The bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the Village with a Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this information shall be grounds for rejection of the bidder's proposal. (If no subcontractors are proposed, state "None" on first line below.) No. Subcontractor Name & Address Scope of Work License Number N/A Authorized Signat Print or Type Name: _M~a..;;..tt;;....;S;;....;u"""ll;.;..;iv....;;.a;.;..;n _ President Title: _ Date: ------------------ April 12, 2023 57 RFP Response Pg. #: 32 Custodial Services - RFP # 2023-08 FORM 13A FORM 13B FORM 13C FORM 13D PERFORMANCE AND PAYMENT SECURITY Any singular reference to CONTRACTOR, Surety, VILLAGE or other party shall be considered plural where applicable. CONTRACTOR (name and address) Coastal Building Maintenance SURETY (name & principal address): TBD 8651 NW 70th St, Miami, FL 33166 VILLAGE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 AGREEMENT: Date: _ Amount: Services as needed. Not for a fixed amount. Description: Custodial Services Location: Village wide Village of Key Biscayne RFP # 2023-08 BOND: Date (not earlier than Agreement Date: _ Amount: $100,000.00 Modifications to this Bond: None _ co~ Signature Matt Sullivan See Page(s) _ SURETY Pending contract award. Signature Name President Name Title Title (Any additional signatures please include at the end of this form) FLORIDA RESIDENT AGENT Address Phone Fax 58 RFP Response Pg. #: 33 Custodial Serv ices - RFP # 2023-08 1. CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to VILLAGE for the performance of the Agreement, which is incorporated herein by reference. 2. If CONTRACTOR performs the Agreement, the Surety and CONTRACTOR shall have no obligation under this Bond, except to participate in conferences. 3. If there is no VILLAGE Default, the Surety's obligation under this Bond shall arise after: A. VILLAGE has notified CONTRACTOR and the Surety at its address described in paragraph 10 below that VILLAGE is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with CONTRACTOR and the Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Agreement. If VILLAGE, CONTRACTOR and the Surety agree, CONTRACTOR shall be allowed a reasonable time to perform the Agreement, but such an agreement shall not waive VILLAGE'S right, if any, subsequently to declare a CONTRACTOR Default; and B. VILLAGE has declared a CONTRACTOR Default and formally terminated CONTRACTOR'S right to complete the Agreement. Such CONTRACTOR Default shall not be declared earlier than 20 days after CONTRACTOR and the Surety have received notice of such termination; and C. VILLAGE has agreed to pay the Balance of the Agreement Price to the Surety in accordance with the terms of the Agreement or to a CONTRACTOR selected to perform the Agreement in accordance with the terms of the Agreement with VILLAGE. 4. When VILLAGE has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: A. Arrange for CONTRACTOR, with consent of VILLAGE, to perform and complete the Agreement; or B. Undertake to perform and complete the Agreement itself, through its agents or through independent CONTRACTORS; or C. Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to VILLAGE for an Agreement for performance and completion of the Agreement, arrange for an Agreement to be prepared for execution by VILLAGE and CONTRACTOR selected with VILLAGE'S concurrence, to be secured with performance & payment bonds executed by a qualified Surety equivalent to the bonds issued on the Agreement, and the Balance of the Agreement Price incurred by VILLAGE resulting from CONTRACTOR's default; or D. Waive its right to perform and complete, arrange for completion, or obtain a new CONTRACTOR acceptable to VILLAGE and with reasonable promptness under the circumstances: 59 RFP Response Pg. #: 34 Custodial Services - RFP # 2023-08 i. Aft er investigation, determ ine the am ount fo r which it may be liable to VILLAGE and, as soon as practicable aft er the am ount is determ ined, tender payment therefo re to V ILLA G E; or ii. Deny liability in w hole or in part and notify VILLAGE citing reasons therefo re. 5. If the Surety does not pro ceed as pro vided in paragraph 4 w ith reasonable pro m ptness, the Surety shall be deem ed to be in defa ult on this Bond, 15 days after receipt of an additional written notice fr om V ILLA G E to the Surety dem anding that the Surety perf orm its obligations under this Bond, and V ILLA G E shall be entitled to enfo rce any rem edy available to VILLAGE. If the Surety pro ceeds, w ithout pro per notice to VILLA GE, VILLAG E shall be entitled to enfo rce any rem edy available to V ILLA G E. 6. After V ILLA G E has term inated CO N TRACTO R's right to com plete the Agreem ent, and if the Surety elects to act, then the responsibilities of the Surety to VILLAGE shall not be greater than those of CO N TR A C TO R under the Agreem ent, and the responsibilities of VILLAGE to the Surety shall not be greater than those of V ILLA GE under the Agreem ent. To the lim it of the am ount of this Bond, but subject to com m itm ent by VILLA GE of the Balance of the Agreem ent Price to mitigation of costs and dam ages on the A greem ent, the Surety is obligated w ithout duplication fo r: A . The responsibilities of CO N TRACTO R fo r correction of defective work and com pletion of the Agreem ent; B. A dditio nal legal, design professional and delay costs resulting from CONTRACTOR's Defa ult, and resulting fr om the actions or fa ilure to act of the Surety under para graph 4; and C. Li quidated dam ages, or if no liquidated dam ages are specified in the Agreem ent, actual dam ages caused by delayed perf orm ance or non-perform ance of CONTRACTOR. 7. The Surety shall not be liable to VILLAG E or others fo r obligations of CONTRACTOR that are unrelated to the Agreem ent, and the Balance of the Agreem ent Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than V ILLA GE or its heirs, executors, adm inistrators or successors. 8. The Surety hereby w aives notice of any change, incl uding changes of tim e, to the Agreement or to related subcontracts, purchase orders and other obligations. 9. A ny proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdictio n in the location in w hich the w ork or part of the work is located and shall be instituted w ithin tw o years aft er CO NTRA CTO R Defa ult or w ithin two years after CO NTRACTOR ceased working or w ithin tw o years aft er the Surety refuses or fa ils to perform its obligations under this Bond, w hichever occurs first. If the pro visions of this paragraph are void or prohibited by law, the m inim um period of lim itation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 60 RFP Response Pg.#: 35 Custodial Serv ices - RFP # 2023-08 10. Notice to the Surety, VILLAGE or CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the work was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. DEFINITIONS A. Balance of the Agreement Price: The total amount payable by VILLAGE to CONTRACTOR under the Agreement after all proper adjustments have been made including allowance to CONTRACTOR of any amounts received or to be received by VILLAGE in settlement of insurance or other claims for damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of CONTRACTOR under the Agreement. B. Agreement: The agreement between VILLAGE and CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. C. CONTRACTOR Default: Failure of CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Agreement. D. VILLAGE Default: Failure of VILLAGE, which has neither been remedied nor waived, to pay CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) SURETY TBD upon contract award. Name Name President Title Title 61 RFP Response Pg.#: 36 Custodial Serv ices - RFP # 2023-08 FORM 14 INSURANCE AND LICENSE CERTIFICATES VILLAGE OF KEY BISCAYNE BIDDER'S REPRESENTATION CUSTODIAL SERVICES Proposal of __ co_a_s_ta_l_B_u_il_d_in_g_M_a_i_nt_e_n_a_nc_e _ (Name) 8651 NW 70th St., Miami, FL 33166 (Address) to furnish all materials, equipment, and labor and to perform all work in accordance with the Contract Documents for: CUSTODIAL SERVICES ("THE PROJECT") TO: Village of Key Biscayne Attn: Village Clerk 88 West McIntyre Street, Suite 220 Key Biscayne, Florida 33149 The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interests in the Bid or the Contract to which the Work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making Bids or Proposals and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he or she has examined the geographic location and sites of the Work; that he has made sufficient investigations to fully satisfy himself that such sites are suitable for this Work; and he assumes full responsibility therefore; that he has examined the specifications for the Work and from his own experience or from professional advice that the specifications are sufficient for the Work to be done and he has examined the other Contract Documents relating thereto, including the Instructions to Bidders, the Contract, Bid, Detailed Scope of Work/Specifications, Qualification Statement, Public Entity Crime Form, and Insurance requirements and he has read all addenda prior to the opening of Bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the Work to which this Bid pertains. The Bidder proposes and agrees, if this Bid is accepted, to timely execute the Contract with the Village in the form attached and to furnish all necessary materials, all equipment, all necessary machinery, 62 RFP Response Pg.#: 37 Custodial Serv ices - RFP # 2023-08 tools, apparatus, means of transportation, and labor necessary to complete the Work specified in the Bid and the Contract, and called for by the drawings and specifications and in the manner specified and to timely submit all required bonds and insurance certificates. NOTE: THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM AMOUNT/QUANTITY OF WORK TO BE PERFORMED UNDER THE CONTR ACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS, THE DETAILED SPECIFICATIONS Will PREVAIL. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the Work as stated in the Contract. The Bidder agrees to execute the Contract and furnish the executed Contract, all required bonds, insurance certificates, and other required information to Village within ten (10) ten calendar days after written notice of the Award of Contract. Failure on the part of the Bidder to timely comply with this provision shall give Village all rights and remedies set forth in the Instructions to Bidders. The undersigned agrees to accept as full compensation therefore the total of the lump sum prices and extended unit prices items named in the following schedule. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor, based on the Work actually performed as determined by the Contract and the Village. However, in utilizing the schedule, the Bidder agrees that in no event shall compensation paid to the Bidder under the Contract exceed the dollar amount of the Bidder's Bid amount, as set forth in the attached Bid. It is intended that all Work to be performed under this Bid shall commence approximately thirty (30) days after Contract execution. In no event shall Village be obligated to pay for Work not performed or materials not furnished. Bidder's Certificate of Competency No. N_/A _ Bidder's Occupational License No. __ 26_0_7_0_2_7 _ WITNESS: By: _ Signature of Authorized Agent [SEAL] 63 RFP Response Pg. #: 38 ACO RD . CERTIFICATE OF LIABILITY INSURANCE ~~ (MMIDD/YYYYJ '-,,__...--- 11412023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~\;J~iACT CIC HOTALING iA~g~rJo, Ext): (305) 393-8981 I FAX 2'103 Coral Way (AIC, No): (845) 4 71-7 494 Suite 721 J.t1&1bs: certificatesMIA@hgfin.net Miami, FL 33145 INSURER/SI AFFORDING COVERAGE NAIC" INSURER A: Charter Oak Fire Insurance Comoanv 25615 INSURED INSURER B: Travelers lndemnitv Comoanv 25658 Coastal Building Maintenance, Inc. INSURER c: Travelers Propertv Casualty Insurance Co 36161 8651 NW 70th St INSURER D: Brldcefield Casualty Insurance Company 10335 Miami, FL 33166 INSURER E: INSURER F: COASBUl-01 MGERSHANOVA COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQ UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERrAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER I '~~)-c\gMYY1 POLICY EXP LIMITS _LTR IN~D WVD IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCIJRR['NCE s 1,000,000 -·--· .=.J CIJ,IMS-MADE [Kj OCCUI, DAMAGE TO RENTED X P-660-0R56116A-COF-23 1/1/2023 1/1/2024 J~R(i.M,l.f;E$ (F.a or:curre.nce) $ 300,000 - MED EXP 11 ... nv one person) $ 5,000 -- 1,000,000 PERSOl•JAI. & ADV INJURY s - 2,000,000 ~,·1. N;GREGATE LIMIT APPLIES PER: GENE.HAL Ar;GREGATE $ POLICY 0 jtt11' ! l.OC PHODLJCTS - COMP/OF' M;G s 2,000,000 OTHL:f< EMPLOYEE BENEFI s 2,000,000 8 AUTOMOBILE LIABILITY COM[llM:.D SINGLE l.lMIT 1,000,000 - i-£Ea accidenn , X />NY AUTO BA-OT451623-22-43-G 1/1/2023 1/1/2024 BODILY INJ!Jf,Y (Per oerson) s - OWNE.D -- SCH[DLJLED --· AUTOS ONLY -·- AUTOS BODILY 11,JLJFU (f'er accidenn S HIRED '.ififl::-tt;~cV PROPEf<TY IJAMi<f,E -- AUTOS ONLY -· (Per acc,dentS $ s C X UMBRELLA LIAB f1 OCCUR EACH occum,Er,cE $ 4,000,000 --- CUP-OT45187 A-23-43 1/1/2023 1/1/2024 4,000,000 EXCESS LIAB CL.AIMS-MAl:JE X /1.GGRf:GATE $ OED I X I RETENTION s 10,000 s D WORKERS COMPENSATION ~R _U OTH- ANO EMPLOYERS' LIABILITY t1JW£.. rn Y/N 196•56826 1/1/2023 1/1/2024 1,000,000 /.,1-JY PROPRIETORIF'AfHl,ER.'EXEGlJTIVE [vJ f...L. f-N;H ACCIDf'J-.ff $ OFFIG[cR/ME.MBER EXCl..!J[JED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASF: -EA EMl"LOYEE S If yes describe under 1,000,000 DESCHIPTION or- OPEr,r,1101,1s t,How F..l... UISEASE.. POI.ICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarhs Schedule, may be attached if more space is required) Certificate Holder is listed as Additional Insured with respects to the General Liability when required by written. Waiver of Subrogation is in favor of Certificate Holder with respects to the General Liability when required by written. CERTIFICATE NUMBER· REVISION NUMBER· CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Village of Key Biscayne THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key Biscayne, FL 33149 AUTHORIZED REPRESENTATIVE ,.,_~- /. ·~"/ I BJBER~~~8~#.ia_Q CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Custodial Services - RFP # 2023-08 FORM 15 COMPANY QUALIFICATION QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business as a General Contractor? Coastal Building Maintenance has been in continuous operation since 1973; under current Corporate structure since 1996. CBM is not a General Contractor. 2. What is the last project of this nature you have completed? All contracts are ongoing and presently still under service obligations. Our service agreemenst do not have "completion dates." 3. Name three individuals or corporations for which you have performed work and to which you refer: Please see Form 5: References herein for names and contact information. 4. List the following information concerning all contracts on hand as of the date of submission of this proposal: (In case of co-venture, list the information for all co-ventures). ·'NAME OF - . %. COMPLETIOl'•f ·ro~AL CONTRACTED DATE , ~.R_QJ~CT OWNER .. . C_91't'!1~~CT. V~LUE OF COMPLElllON TO DATE . - - .- - ·- - . . ***PLEASE REFER TO FORM 5: REFERENCES FOR CONTRACT VALUES OF A PORTION OF CURRENT CBM CLIENTS. ALL CUSTOMERS ARE ONGIONG SERVICE CONTRACTS AND "COMPLETION% TO DATE" DOES NOT APPLY IN OUR BUSINESS.*** s. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes. 6. Will you sublet any part of this work? If so, please list subcontractors in FORM 12, LIST OF PROPOSED SUBCONTRACTORS. NO (N/A) 7. What equipment do you own that is available for the work? All necessary equipment for the services required herein is owned, or will be purchased, by CBM. 8. What equipment will you purchase for the proposed work? Service golf cart; autoscrubber, miscellaneous jan/san equipment. 9. What equipment will you rent for the proposed work? 64 RFP Response Pg.#: 40 Custodial Services - RFP # 2023-08 N/A 11. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities, Balance Sheet and use insert sheet if necessary.) See attached financial statements 12. Have you made a site visit? __ x __ Yes, No How soon after award can you begin work? __ lm_m_e_d·_,a_te_ly_. Days. 13. Number of years' experience the Bidder has had in providing similar services: __ s_o Years 14. List any licenses, permits or certifications, etc., you hold for performing this type of work: N/A How did you hear about the RFP? Indicate if it was via the Village's website, internet search, Demand Star, newspapers, email, etc. The Village of Key Biscayne is always looking for ways to improve its services. Current vendor; DemandStar. The Bidder understands that the information contained in these proposal pages is to be relied upon by the Village in awarding the proposed contract, and such information is warranted by the Bidder to be true. The Bidder agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Bidder, as may be required by the Village. Please review the Bidder Proposal Page to make sure all questions have been answered. Attach additional sheets if necessary. Failure to answer each question could result in the disqualification of your bid. Authorized Sign~ Print or Type Name: __ M_at_t_s_ul_liv_a_n _ 65 RFP Response Pg.#: 41 C ustodial Serv ices - RFP # 2023-08 ATTACHMENT A SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND COASTAL BUILDING MAINTENANCE, INC THIS AGREEMENT (this "Agreement") is made effective as of the day of _ 2023 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and COASTAL BUILDING MAINTENANCE, INC. a Florida [type of entity] (hereinafter, the "Consultant"). WHEREAS, the Village desires certain CUSTODIAL SERVICES; and WHEREAS, the Consultant will perform services on behalf of the Village, all as further set forth in the Proposal dated APRIL 12, 2023, attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope of Services. 1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit "A" and incorporated herein by reference (the "Services"). 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for three (3) additional one (1) year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 66 RFP Response Pg.#: 42 Custodial Services - RFP # 2023-08 3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal attached hereto as Exhibit "A." Consultant shall be compensated a flat rate, lump sym fee in the amoYnt of $XXXX.XX per month. 3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Consultant; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Services; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov. 4. Subconsultants. 4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in the Village Manager's sole and absolute discretion. 5. Village's Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 67 RFP Response Pg. #: 43 Custodial Services - RFP # 2023-08 6. Consultant's Responsibilities; Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherw ise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, 68 RFP Response Pg. #: 44 C u s t o d ia l S e rv ic e s - R F P # 2023-08 nam ing the Village as an Additional Insured, underw ritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance w ith respect to the Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minim um the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Com m ercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit fo r Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and elim inate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. W orkers Compensation and Em ployer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Em ployer's Liability with minimum limits of $1,000,000.00 each accident. No em ployee, subcontra ctor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by W orker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, com bined single limit fo r Bodily Injury and Property Damage. Coverage must be afforded on a fo rm no more restrictive than the latest edition of the Business Automobile Liability policy, w ithout restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Profe ssional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and W orker's Com pensation Insurance), no later than ten (10 ) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each cert ificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible fo r assuring that the insurance certificates required by this Section remain in full fo rce and effect fo r the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) pro vided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the com pletion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed w ith a pro vision that not less than thirty (30) calendar days' written notice shall be provided to the Village befo re any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 69 RFP Response Pg. #: 45 C u sto d ia l S e rv ic e s - R F P # 20 2 3 -0 8 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the Village. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN TH E EVENT OF ANY LITIGATION ARISING OUT OF TH IS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Consultant's performance or non-performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Consultant's performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 70 RFP Response Pg. #: 46 C u s to d ia l S e rv ic e s - R F P # 2 0 2 3 -0 8 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant 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 Agreement, and following completion oft he Agreement until the records are transferred to the Village. 16.3. Upon request from the Village's custodian of public records, Consultant shall provide the Village 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. 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 71 RFP Response Pg. #: 47 Custodial Serv ices - RFP # 2023-08 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.7. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2)(a}, Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: Jocelyn B. Koch 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5506 ikoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 72 RFP Response Pg. #: 48 C ustod ial Serv ices - RFP # 2023-08 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or ma king of this Agreement. 24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall control. 27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e­ verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. [Remainder of page intentionally left blank. Signature pages follow.] 73 RFP Response Pg. #: 49 Custodial Serv ices - RFP # 2023-08 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By:-------------­ Steven C. Williamson Village Manager Attest: By: _ Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: By: _ Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) swilliamson@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) By:-------------- Name: Matt Sullivan Title: __ P_re_s_id_e_nt _ Entity: Coastal Building Maintenance Addresses for Notice: 8651 NW 70th St Miami, FL 33166 __ 3_o_s._68_1_.6_1_oo (telephone) __ 30_s_.6_8_1_.3_58_4 (facsimile) __ m_su_ll_iv_an_@_c_b_m_fl_o_rid_a_.c_o_m_ ( email) With a copy to: ___________ (telephone) ___________ (facsimile) ___________ (email) 74 RFP Response Pg. #: 50 C u s t o d ia l S e rv ic e s - R F P # 2023-08 E-V ERIFY A FFID A V IT In accordance w ith Section 448.095, Florida Statutes, the Village requires all co ntractors doing business w ith the Village to register with and use the E-Verify system to verify the work authorization status of all new ly hired em ployees. The Village w ill not enter into a contract unless each party to the contract registers w ith and uses the E-Verify system . The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide pro of of the co ntracting entity's part icipation/enro llm ent in E-Verify, please visit: htt ps://w w w .e-verify.gov/fa q/how -do-i-provide-pro of-of-m y-part icipationenrollment-in-e-verify By signing below , the contracting entity acknow ledges that it has read Section 448.095, Florida Statutes and w ill com ply with the E-Verify requirem ents im posed by it, including but not lim ited to obtaining E­ Verify aff idavits from subcontra ctors. ! Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: W itness #1 Print Nam e: _ W itness #2 Print Nam e: _ Print Nam e: __ M_at_t_S_ul_liv_a_n _ Title: President Entity Nam e: Coastal Building Maintenance ACKNOWLEDGMENT State of Florida County of __ M_ia_m_i-_D_ad_e _ _x __ Personally know n to me; or The fo regoing instrum ent w as acknow ledged befo re me by means of! physical presence or! online notarization, this~ day of April , 20.1l._, by __ M_at_t_S_ul_liv_a_n _ (nam e of person) as President (type of authority) fo r Coastal Building Maintenance (name of party on behalf of whom instrument is executeµ --7__,-.----~...- .......... ._A..4 Notary Pub~, Stamp, or Typ a_,s~m· i_ssl6~ CONCEPCION RODRIGUEZ [:' (~\~<:) Notary Publ,lc • State of Florida \J 1'f,.,t.f/ Cornmlsslon .# HH 14 4109 ··19.r..i:~··· My Comm. Expires Oct 1, 2024 . Bonded through National Notary l\ssn. ___ Produced identification (Type of Identification: .,,_.._,~--,...-------'- ___ Did take an oath; or X D id not take an oath 75 RFP Response Pg. #: 51