HomeMy WebLinkAboutMay 27, 2015 City Council AgendaRegular City Council Agenda
May 27, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: May 27, 2015
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Next Regular Meeting Date: June 10, 2015
Phone: (305) 622-8000 Fax: (305) 622-8001
Website: www.miamigardens-fl.gov
Time: 7:00 p.m.
Mayor Oliver Gilbert
Vice Mayor Felicia Robinson
Councilman Rodney Harris
Councilwoman Lisa C. Davis
Councilman David Williams Jr.
Councilwoman Lillie Q. Odom
Councilman Erhabor Ighodaro, Ph.D.
City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq.
City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action. All not-for-profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions must also register however an annual fee is
not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes – May 13, 2015
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Councilman David Williams Jr., - Special Appreciation
F-2) Vice Mayor Robinson – Silver Knight Presentation
F-3) City Manager Cameron Benson – Miami Gardens Express update
F-4) Elderly Affairs Quarterly Report
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Regular City Council Agenda
May 27, 2015 Page 2
F-5) Councilman Harris – (AFCEA) Armed Forces Communications Electronic
Association
(G) PUBLIC COMMENTS (2 minutes each)
(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES TO
ADD SECTIONS 2-790 THROUGH 2-796 TO ESTABLISH THE
“CITY OF MIAMI GARDENS BUSINESS AND RESIDENT
ECONOMIC GROWTH PLAN” PURCHASING PREFERENCE;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
None
(J) RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING
COUNCILMAN DAVID WILLIAMS JR’S APPOINTMENT OF M.
LORRAINE HARRIS TO THE COMMISSION FOR WOMEN
ADVISORY COMMITTEE FOR A TWO (2) YEAR TERM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN DAVID WILLIAMS JR.)
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING
COUNCILMAN ERHABOR IGHODARO’S APPOINTMENT OF
MARY ROBERTS TO THE COMMISSION FOR WOMEN
ADVISORY COMMITTEE FOR A TWO (2) YEAR TERM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN ERHABOR IGHODARO)
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Regular City Council Agenda
May 27, 2015 Page 3
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING THE “BEHIND
THE SCENE KINGS” SPORTS AND ENTERTAINMENT SUMMIT
TO BE HELD ON SATURDAY, JUNE 13, 2015, AT THE BETTY T.
FERGUSON RECREATION COMPLEX FOOTBALL FIELD AND
AMPHITHEATER; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN IGHODARO)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPOINTING RAFAEL SUAREZ-
RIVAS, TO SERVE AS A SPECIAL MASTER FOR A TWO (2)
YEAR TERM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY ATTORNEY)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF
THAT CERTAIN AGREEMENT WITH METRO EXPRESS, INC.
AND STRAIGHTLINE ENGINEERING GROUP LLC., FOR
SIDEWALK REPLACEMENT AND REPAIRS, AUTHORIZING
THE CITY MANAGER TO ISSUE PURCHASE ORDERS, ON AN
AS NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED THE
ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RENEW THAT CERTAIN AGREEMENT WITH
SOFTWARE HOUSE INTERNATIONAL, INC., FOR LICENSES
OF MICROSOFT PRODUCTS IN ACCORDANCE WITH STATE
OF FLORIDA CONTRACT NO. 252–001–09, IN THE AMOUNT OF
ONE HUNDRED FIFTY-SIX THOUSAND, THREE HUNDRED
SIXTY-THREE DOLLARS AND FORTY-TWO CENTS
($156,363.42); PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TERMINATE THE AGREEMENT WITH THE
SHARPTON GROUP FOR PROFESSIONAL AUDITOR
SERVICES; AUTHORIZING THE CITY MANAGER TO
ESTABLISH AN AUDIT COMMITTEE FOR THE PURPOSE OF
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Regular City Council Agenda
May 27, 2015 Page 4
SOLICITING PROFESSIONAL AUDITOR SERVICES;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE
CONSTRUCTION OF A SWIMMING POOL AT BUNCHE PARK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN IGHODARO)
(L) RESOLUTION(S)
None
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION
SUBMITTED BY MS REALTY GARDENS, LLC, FOR THE
REZONING OF PROPERTY GENERALLY LOCATED AT NW
159TH STREET BETWEEN 47TH AVENUE AND NW 45TH
AVENUE, MIAMI GARDENS, FLORIDA, MORE
PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED
HERETO, FROM R-2, TWO FAMILY DWELLING RESIDENTIAL
TO R-15 MULTIPLE FAMILY DWELLING RESIDENTIAL;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
(N) ORDINANCES ON FOR SECOND READING/PUBLIC
HEARING(S)
N-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-287 OF
THE LAND DEVELOPMENT CODE TO ALLOW THE
WHOLESALE OF FIREWORKS AS A PERMITTED USE;
PROHIBITING RETAIL SALE OF FIREWORKS; ALLOWING
THE RETAIL SALE OF SPARKLERS AS A PERMITTED USE;
AMENDING 34-288 TO ESTABLISH ADDITIONAL
REQUIREMENTS FOR THE WHOLESALE OF FIREWORKS
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Regular City Council Agenda
May 27, 2015 Page 5
AND RETAIL SALE OF SPARKLERS; AMENDING SECTION 34-
733 ENTITLED “MASTER USE LIST AND DEFINITIONS”;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) (1st Reading – May 13, 2015)
(O) RESOLUTION(S)/PUBLIC HEARING(S)
None
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
(S) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT
DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER
THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY
CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S
WEBSITE AT www.miamigardens-fl.gov.
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO
ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
(Enter Fund & Dept)
Ex: N/A
Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson,
City Manager
Department:City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, DIVISION
5 OF THE CODE OF ORDINANCES TO ADD SECTIONS 2-790
THROUGH 2-796 TO ESTABLISH THE “CITY OF MIAMI GARDENS
BUSINESS AND RESIDENT ECONOMIC GROWTH PLAN”
PURCHASING PREFERENCE; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens is committed to helping residents secure and maintain gainful employment.
In line with this goal, the City of Miami Gardens is establishing a preference to businesses, in the award
Item H-1) Ordinance First Reading Business & Resident Economic Growth Plan
Page 6 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
of contracts, when the business prepares a City of Miami Gardens Business and Resident Economic
Growth Plan (CMG-BREP). The CMG-BREP will detail how the business plans to provide employment,
training, apprenticeship and mentoring opportunities to the City’s residents. To successfully complete a
CMG-BREP, businesses must register with CareerSource South Florida and complete their CMG-BREP
with CareerSource South Florida’s designated CMG-BREP representative.
There are approximately 30,000 unemployed/under-employed job seeker residents within the City of
Miami Gardens. The CMG-BREP is meant to ensure the City’s residents benefit from the employment
opportunities created within the City. Under the CMG-BREP, dollars spent to procure goods will result in
increased employment and workforce training opportunities for members of the local community. This
will enhance the quality of life for residents of the City of Miami Gardens and ensure a well-trained and
skilled workforce for businesses in the City.
Bidders responding to solicitations exceeding $50,000 may submit a CMG-BREP. The CMG-BREP must
be submitted prior to the applicable deadline for bid submission and the bidder must adhere to any
additional CMG-BREP requirements specified in the solicitation document.
Excluded from participation are companies with contracts valued under $50,000; those exempted by
law, rule or police; contracts that are funded both fully and in part by the government; emergency
contracts; co-ops and existing contracts with other governmental jurisdictions and any other purchase
exempted from the purchasing requirements in accordance with the City’s Purchasing Ordinance.
If approved, the City’s Procurement Ordinance will be amended to contain the CMG-BREP
policy.
Proposed Action:
It is recommended the City Council approve the attached Ordinance.
Attachment:
Page 7 of 171
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1
ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, 4
ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES 5
TO ADD SECTIONS 2-790 THROUGH 2-796 TO 6
ESTABLISH THE “CITY OF MIAMI GARDENS BUSINESS 7
AND RESIDENT ECONOMIC GROWTH PLAN” 8
PURCHASING PREFERENCE; PROVIDING FOR 9
ADOPTION OF REPRESENTATIONS; REPEALING ALL 10
ORDINANCES IN CONFLICT; PROVIDING A 11
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 12
CODE; PROVIDING AN EFFECTIVE DATE. 13
14
WHEREAS, there are approximately 30,000 unemployed/under-employed 15
job seeker residents within the City of Miami Gardens, and 16
WHEREAS, the City of Miami Gardens is committed to helping residents 17
secure and maintain gainful employment, and in line with this goal, the City of 18
Miami Gardens is hereby establishing a preference to businesses, in the award 19
of contracts, when the business prepares a City of Miami Gardens Business and 20
Resident Economic Growth Plan (CMG-BREP), and 21
WHEREAS, the CMG-BREP will detail how the business plans to provide 22
employment, training, apprenticeship and mentoring opportunities to the City’s 23
residents, and 24
WHEREAS, to successfully complete a CMG-BREP, businesses must 25
register with CareerSource South Florida and complete their CMG-BREP with 26
CareerSource South Florida’s designated CMG-BREP representative, and 27
WHEREAS, the CMG-BREP is meant to ensure the City’s residents 28
benefit from the employment opportunities created within the City, and 29
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Added language is underlined. Deleted language is stricken through.
2
WHEREAS, under the CMG-BREP, dollars spent to procure goods will 1
result in increased employment and workforce training opportunities for members 2
of the local community, enhancing the quality of life for residents of the City of 3
Miami Gardens and ensure a well-trained and skilled workforce for businesses in 4
the City, 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 6
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 7
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 8
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 9
are hereby made a specific part of this Ordinance. 10
Section 2. AMENDMENT: Chapter 2, Article IX, Division 5 of the Code 11
of Ordinances is hereby amended to add Sections 2-790 through 2-796 as 12
follows: 13
Sec. 2-790. – Established 14
15
Except where federal or state law or a funding restriction mandates to the 16
contrary, the City Council hereby establishes a preference in purchasing and 17
contracting for businesses preparing a City of Miami Gardens Business and 18
Resident Economic Growth Plan (CMG-BREP) detailing how the business plans 19
to provide employment, training, apprenticeship and mentoring opportunities to 20
the City’s residents. 21
22
Sec. 2-791. – Findings of fact. 23
Each year, the City spends significant amounts purchasing goods and services. 24
The dollars used to make these purchases are derived, in large part, from taxes 25
and fees imposed on local businesses. The City Council has determined the 26
funds generated in the community, to the extent possible, should be placed back 27
into the local community to aid residents in their pursuit of stable and gainful 28
employment. Currently, more than 30,000 of the City’s residents are 29
unemployed/under-employed job seekers. Therefore, increasing employment, 30
Page 9 of 171
Added language is underlined. Deleted language is stricken through.
3
training, apprenticeships and mentoring opportunities will positively impact a 1
significant amount of residents in the City of Miami Gardens. 2
3
Sec. 2.792. – Purpose; scope, applicability. 4
5
(a) The CMG-BREP is meant to ensure dollars spent to procure goods will 6
result in increased employment and workforce training opportunities for 7
members of the local community. This will enhance the quality of life for 8
residents of the City of Miami Gardens and ensure a well-trained and 9
skilled workforce for businesses in the City. 10
11
(b) This policy applies to all businesses interested in participating in City 12
procurement activities. Eligible businesses must demonstrate completion 13
of a CMG-BREP plan approved by a CareerSource South Florida 14
representative. 15
Sec. 2-793. – Policy statement; exception 16
17
In the purchase or letting of contracts for procurement of personal property, 18
materials, certain contractual services and construction of improvements to real 19
property or to existing structures, the City Council or other purchasing authority, 20
may give a preference to businesses that submit a CareerSource South Florida 21
approved CMG-BREP detailing their plan to provide employment, training, 22
apprenticeships and mentoring opportunities to City Residents. 23
24
(a) The preference set forth in this article shall not apply to any of the 25
following purchases or contracts: 26
27
(1) Purchases or contracts with an estimated value of $50,000.00 28
or less; 29
(2) Purchases exempted by law, rule, policy or procedure from the 30
requirements for competitive solicitation/bid; 31
(3) Purchases or contracts which are funded, in whole or in part by 32
a governmental entity and the laws, regulations, or policies 33
governing such funding which prohibit application of that 34
preference; 35
(4) Purchases made or contracts let under emergency procurement 36
situations as such are defined in the city's procurement policies 37
and procedures or as determined by city council; 38
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4
(5) Purchases that are made through purchasing cooperatives or 1
through the use of existing contracts with other governmental 2
jurisdictions, the state or federal agencies; 3
(6) Any purchases that are exempt from the purchasing 4
requirements in accordance with the city's purchasing 5
ordinance. 6
Sec. 2-794. – Procedures. 7
8
(a) All businesses applying for procurement preference under this policy 9
shall register with CareerSource South Florida and complete the CMG-10
BREP with CareerSource South Florida’s designated CMG-BREP 11
representative. The CMG-BREP representative will provide the bidder 12
with the information and resources necessary to satisfactorily complete 13
their CMG-BREP. At a minimum, this plan must state the number of 14
residents to be employed, training sessions to be held, apprenticeships 15
to be offered, and mentoring sessions to be administered by the 16
business. The CMG-BREP shall also provide the job descriptions for the 17
positions/internships/apprenticeships referred to in the plan and identify 18
the steps the bidder will take to ensure both Prime and Subcontractors 19
utilize and/or employ local businesses and residents in every phase of 20
the Project, from community outreach to completion. The CMG-BREP 21
shall be submitted at the time of submittal of the bid or request for 22
proposal/qualifications. 23
24
(b) Bidders responding to solicitations exceeding $50,000 may submit a 25
CMG-BREP. The CMG-BREP must be submitted prior to the applicable 26
deadline for bid submission and must be accompanied by other 27
requested bid documents. 28
29
(c) For contract awards based upon evaluation criteria pursuant to a points 30
system, CMG-BREP points shall be awarded as follows: 31
32
Bidder with a CareerSource South
Florida approved
City of Miami Gardens Business
and Resident Economic Growth
Plan
15 points
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5
1
2
3
4
2-795. - Waiver and Addition of the CMG-BREP Requirement. 5
6
The City Manager may waive this requirement if the highly technical nature of 7
the work makes completing a CMG-BREP unfeasible. The City Manager may 8
add the CMG-BREP requirement to any solicitation the City Manager deems 9
appropriate and in the best interest of the City. 10
11
2-796 – Sanctions for non-performance, inadequate performance, or 12
violation of CMG-BREP 13
14
Sanctions include: 15
(a) Applicable city contracts shall include provisions stating the nature of the 16
sanctions to be imposed on a contractor that does not perform in the 17
manner outlined in their CMG-BREP. Such sanctions shall include, but not 18
be limited to, the following: 19
20
1. Suspension of contract until contractor performs obligations, if 21
appropriate. 22
2. Default and/or termination. 23
3. Payment of $1,500.00 per employee, or the value of wages that 24
would have been earned by employees injured by contractor's 25
noncompliance, whichever is less. 26
27
(b) If any contractor attempts to comply with the provisions of this section 28
through fraud, misrepresentation or material misstatement, the city, in 29
its sole discretion, may immediately terminate the subject city contract. 30
31
Section 3. CONFLICT: All ordinances or Code provisions in conflict 32
herewith are hereby repealed. 33
Section 4. SEVERABILITY: If any section, subsection, sentence, 34
clause, phrase or portion of this Ordinance is for any reason held invalid or 35
unconstitutional by any court of competent jurisdiction, such portion shall be 36
deemed a separate, distinct and independent provision and such holding shall 37
not affect the validity of the remaining portions of this Ordinance. 38
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6
Section 5. INCLUSION IN CODE: It is the intention of the City 1
Council of the City of Miami Gardens that the provisions of this Ordinance shall 2
become and be made a part of the Code of Ordinances of the City of Miami 3
Gardens and that the section of this Ordinance may be renumbered or relettered 4
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 5
such other appropriate word or phrase, the use of which shall accomplish the 6
intentions herein expressed. 7
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 8
immediately upon its final passage. 9
PASSED ON FIRST READING ON THE _____ DAY OF __________, 10
2015. 11
PASSED ON SECOND READING ON THE ____ DAY OF _________, 12
2015. 13
14
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 15
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 16
______________, 2015. 17
18
________________________________ 19
OLIVER GILBERT, III, MAYOR 20
21
22
23
ATTEST: 24
25
26
_________________________________ 27
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7
RONETTA TAYLOR, MMC, CITY CLERK 1
2
3
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 4
5
6
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 7
8
9
Moved by: __________________ 10
Second by: _________________ 11
12
VOTE: _________ 13
14
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 15
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 16
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 17
Councilman David Williams Jr ____ (Yes) ____ (No) 18
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 19
Councilman Rodney Harris ____ (Yes) ____ (No) 20
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 21
22
23
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
David Williams Jr.,
Council Member
Department:
City Manager
Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN DAVID
WILLIAMS JR’S APPOINTMENT OF M. LORRAINE HARRIS TO THE
CITY OF MIAMI GARDENS COMMISSION FOR WOMEN FOR A TWO (2)
YEAR TERM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with the establishment of the City of Miami Gardens Commission For Women Advisory
Committee, more particularly Code of Ordinances, Section 2-206 “Term of Office”, Councilman David
Williams Jr., hereby submits the appointment of M. Lorraine Harris for membership. The term of this
appointment shall expire, May 25, 2017.
Item K-1) Consent Agenda
Resolution
Appt/Commission for Women
Page 15 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council approves this resolution.
Attachment:
Page 16 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN 4
DAVID WILLIAMS JR’S APPOINTMENT OF M. LORRAINE 5
HARRIS TO THE COMMISSION FOR WOMEN ADVISORY 6
COMMITTEE FOR A TWO (2) YEAR TERM; PROVIDING FOR 7
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, the City Council has created the Commission for Women Advisory 11
Committee (“the Committee”), and 12
WHEREAS, Councilman David Williams Jr, and each member of the City Council 13
have the right to appoint members to the Committee, and 14
WHEREAS, in accordance Section 2-286 of the Code of Ordinances, 15
Councilman Williams has appointed M. Lorraine Harris to the Committee for a two (2) 16
year term, and 17
WHEREAS, it is appropriate for the City Council to acknowledge the 18
appointment, 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23
made a specific part of this Resolution. 24
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25
hereby acknowledges Councilman David Williams Jr’s appointment of M. Lorraine 26
Harris to the Commission for Women Advisory Committee for a two (2) year term. 27
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 28
upon its final passage. 29
Page 17 of 171
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 30
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 31
32
___________________________________ 33
OLIVER GILBERT, III, MAYOR 34
35
36
37
ATTEST: 38
39
40
__________________________________ 41
RONETTA TAYLOR, MMC, CITY CLERK 42
43
44
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 45
46
47
SPONSORED BY: COUNCILMAN DAVID WILLIAMS JR 48
49
Moved by: __________________ 50
51
VOTE: _________ 52
53
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 54
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 55
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 56
Councilman David Williams Jr ____ (Yes) ____ (No) 57
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 58
Councilman Rodney Harris ____ (Yes) ____ (No) 59
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60
61
Page 18 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Erhabor Ighodaro,
Council Member
Department:
City Manager
Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN ERHABOR
IGHODARO’S APPOINTMENT OF MARY ROBERTS TO THE CITY OF
MIAMI GARDENS COMMISSION FOR WOMEN FOR A TWO YEAR
TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with the establishment of the City of Miami Gardens Commission For Women Advisory
Committee, more particularly Code of Ordinances, Section 2-206 “Term of Office”, Councilman Erhabor
Ighodaro hereby submits the appointment of Mary Roberts for membership. The term of this
appointment shall expire, May 25, 2017.
Item K-2) Consent Agenda
Resolution
Appt./Commission for Women
Page 19 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council approves this resolution.
Attachment:
Page 20 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN 4
ERHABOR IGHODARO’S APPOINTMENT OF MARY ROBERTS 5
TO THE COMMISSION FOR WOMEN ADVISORY COMMITTEE 6
FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION 7
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 8
DATE. 9
10
WHEREAS, the City Council has created the Commission for Women Advisory 11
Committee (“the Committee”), and 12
WHEREAS, Councilman Erhabor Ighodaro, and each member of the City Council 13
have the right to appoint members to the Committee, and 14
WHEREAS, in accordance Section 2-286 of the Code of Ordinances, 15
Councilman Ighodaro has appointed Mary Roberts to the Committee for a two (2) year 16
term, and 17
WHEREAS, it is appropriate for the City Council to acknowledge the 18
appointment, 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23
made a specific part of this Resolution. 24
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25
hereby acknowledges Councilman Erhabor Ighodaro’s appointment of Mary Roberts to 26
the Commission for Women Advisory Committee for a two (2) year term. 27
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 28
upon its final passage. 29
Page 21 of 171
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 30
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 31
32
___________________________________ 33
OLIVER GILBERT, III, MAYOR 34
35
36
37
ATTEST: 38
39
40
__________________________________ 41
RONETTA TAYLOR, MMC, CITY CLERK 42
43
44
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 45
46
47
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO 48
49
Moved by: __________________ 50
51
VOTE: _________ 52
53
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 54
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 55
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 56
Councilman David Williams Jr ____ (Yes) ____ (No) 57
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 58
Councilman Rodney Harris ____ (Yes) ____ (No) 59
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60
61
Page 22 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A
Sponsor Name
Erhabor Ighodaro,
Councilman
Department:Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, SUPPORTING THE “BEHIND THE SCENE KINGS” SPORTS AND
ENTERTAINMENT SUMMIT TO BE HELD ON SATURDAY, JUNE 13, 2015, AT
THE BETTY T. FERGUSON RECREATION COMPLEX FOOTBALL FIELD AND
AMPHITHEATER; PROVIDING FOR THE ADOPTION OF REPRESENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Councilman Ighodaro supports “Behind the Scene Kings”, an organization comprised of: Byron Trice,
Frankie Butler, Omar Wright and Caleb Reynor. This dynamic group of young men sponsored their first
sports and entertainment summit last year at the Betty T. Ferguson Recreation Complex. That event
provided an opportunity for Miami Gardens’ youth to have one on one conversation with NFL players.
Item K-3) Consent Agenda
Resolution
Support for Behind the Scene Kings
Page 23 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
This year an education component is being added. Representatives from Florida International
University, University of Miami, Florida Memorial University, Miami-Dade and Broward Colleges will be
on hand to conduct the educational seminar. Ten (10) NFL players have confirmed and agreed to come
from the hours of 9:00 a.m. – 12 noon to run warm drills and speak to the youth about what it takes to
accomplish their dream academically or athletically.
This year’s event is scheduled to take place, Saturday, June 13, 2015, from 9:00 a.m. – 2:00 p.m., at the
Betty T Ferguson Recreation Complex Football Field and Amphitheater.
Proposed Action:
RECOMMENDATION: Councilman Ighodaro request that the City Council approve the resolution
Attachment:
Page 24 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING THE “BEHIND THE 4
SCENE KINGS” SPORTS AND ENTERTAINMENT SUMMIT TO 5
BE HELD ON SATURDAY, JUNE 13, 2015, AT THE BETTY T. 6
FERGUSON RECREATION COMPLEX FOOTBALL FIELD AND 7
AMPHITHEATER; PROVIDING FOR THE ADOPTION OF 8
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, “Behind the Scene Kings” organization sponsored their first Sports 11
and Entertainment Summit last year at the Betty T. Ferguson Recreation Complex, and 12
it was a success, and 13
WHEREAS, the event provided an opportunity for the City of Miami Gardens’ 14
youth to have one on one conversations with National Football League “NFL” players, 15
and 16
WHEREAS, this year, representatives from Florida International University, 17
University of Miami, Florida Memorial University, Miami-Dade College and Broward 18
Colleges will be conducting educational seminars, and 19
WHEREAS, NFL players will conduct and run drills and speak to the youth about 20
what it takes to accomplish their dreams academically or athletically, 21
WHEREAS, Councilman Erhabor Ighodaro would like the City Council to 22
acknowledge and support the “Behind the Scene Kings” organization, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby supports “Behind the Scene Kings” Sports and Entertainment Summit to be held 30
Page 25 of 171
2
on Saturday, June 13, 2015, at the Betty T. Ferguson Recreation Complex Football 31
Field and Amphitheater. 32
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 33
upon its final passage. 34
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 36
37
___________________________________ 38
OLIVER GILBERT, III, MAYOR 39
40
41
42
ATTEST: 43
44
45
__________________________________ 46
RONETTA TAYLOR, MMC, CITY CLERK 47
48
49
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50
51
52
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO 53
54
Moved by: __________________ 55
56
VOTE: _________ 57
58
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 60
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61
Councilman David Williams Jr ____ (Yes) ____ (No) 62
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
66
Page 26 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X X
Funding Source:
General Fund- Code
Enforcement
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:N/A
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Sonja K. Dickens,
City Attorney
Department:Office of the City Attorney
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPOINTING RAFAEL SUAREZ-RIVAS, TO
SERVE AS A SPECIAL MASTER FOR A TWO (2) YEAR TERM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens has established a Code Enforcement Special Master Program, whereby all
appeals of code enforcement violations and red light camera infractions are heard by a Special Master.
In accordance with Section 8-23(a) of the City’s Code of Ordinances, Special Masters appointments are
recommended by the City Attorney, but are appointed by City Council. The City Attorney recommends
that the City Council appoint Rafael Suarez-Rivas to serve as a Special Master for a two (2) year term.
Item K-4) Consent Agenda
Resolution
Appt./Special Master
Page 27 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council approve the attached Resolution.
Attachment:
1-Resume of Rafael Suarez-Rivas
Page 28 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPOINTING RAFAEL SUAREZ-4
RIVAS AS A SPECIAL MASTER; PROVIDING FOR THE 5
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 6
EFFECTIVE DATE. 7
8
WHEREAS, the City of Miami Gardens has established a Code Enforcement 9
Special Master Program in the City, and 10
WHEREAS, appeals of all code enforcement citations and red light camera 11
infractions are heard by Special Masters, and 12
WHEREAS, the City Attorney recommends that the City Council appoints Rafael 13
Suarez-Rivas to serve as a Special Master for a two (2) year term, 14
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 16
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 17
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 18
made a specific part of this Resolution. 19
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 20
hereby appoints Rafael Suarez-Rivas to serve as a Special Master for a two (2) year 21
term effective from the date of this Resolution. 22
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 23
upon its final passage. 24
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 25
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 26
27
___________________________________ 28
OLIVER GILBERT, III, MAYOR 29
30
Page 29 of 171
2
ATTEST: 31
32
33
__________________________________ 34
RONETTA TAYLOR, MMC, CITY CLERK 35
36
37
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 38
39
40
SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 41
42
Moved by: __________________ 43
44
VOTE: _________ 45
46
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 47
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 48
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 49
Councilman David Williams Jr ____ (Yes) ____ (No) 50
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 51
Councilman Rodney Harris ____ (Yes) ____ (No) 52
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 53
54
Page 30 of 171
Rafael E. Suarez-Rivas, Esq.
4766 Alton Road
Miami Beach, Florida 33140
Cellular (786) 368-6797
Email: suarezrivasr@bellsouth.net
Writing samples and additional references available upon request.
EDUCATION Nova Southeastern University Law Center, Juris Doctor, 1979
University of Miami, Bachelor of Arts, 1976
AREAS OF Florida Bar Board Certified – City, County and Local Government Law
PROFESSIONAL Land Use/Real Estate Law and Litigation
CONCENTRATION Procurement Law and Litigation
Municipal Law– Public Works and Contracts
LEGAL EXPERIENCE City of Miami, Florida: Senior Assistant City Attorney, Supervisor, Land
Use/Transactional Division 2002-Present
City of Wellington, Hearing Officer, 2013-15
Village of Bal Harbour, Florida: Hearing Officer, 2012-Present
Town of Golden Beach, Florida: Hearing Officer, 2009 – Present
City of Sunny Isles Beach, Florida: Hearing Officer, 2009 – Present
City of North Miami Beach, Florida: Hearing Officer, 2009-10
Broward County, Florida: Hearing Officer, 2003-07
City of Hollywood, Florida: Senior Assistant City Attorney, 1999-2002
City of Boca Raton, Florida: Special Counsel, 1999
Florida International University, Florida: Adjunct Professor, 1994-97
Broward County, Florida: Assistant County Attorney, 1992-98
Katz, Kutter, Haigler & Alderman, Miami, Florida: Associate, 1991-92
City of Miramar, Florida: City Attorney, 1989-91
City of Miami, Florida: Assistant City Attorney, 1985-89
City of Miami Beach, Florida: Assistant City Attorney, 1982-85
Britton, Cohen, Kauffman, Benson, & Schantz, Florida: Associate, 1981-82
ACTIVITIES AV Rated, Competence and Ethics, Martindale-Hubbell
Florida Trend Legal Elite: Top Government Attorney, 2010
Cuban American Bar Association: Mentoring and Judicial Committees, 2005-
Present
Lorman Educational Systems: Lecturer in areas of Procurement, Public
Records and Sunshine Law, 2001-07, 2013-
The Florida Bar: Certification Committee, 2000-03
Florida Bar Journal Editorial Board: Deborah M. Smoot Memorial Editor’s
Award, 1998
The Public Lawyer: Board of Editors, 1994-95
The Florida Bar: City, County and Local Government Law Section Executive
Council, 1992-94
Dade County Bar Association: Editor in Chief, Court Handbook for Dade
County Lawyers, 1990
Florida Bar Journal: Editorial Board Member, 1989-2002, 2005-08
Dade County Bar Bulletin: Editor, 1987-88
Stetson Law Review Local Government Law Symposium, 1987-1993
PROFESSIONAL Florida Bar Association, Member since 1980
ASSOCIATIONS Dade County Bar Association: Government Relations Committee Co-Chair and
Guest Speaker 2013-14
Cuban American Bar Association, Member
REFERENCES Daniel L. Abbott, Esq., Weiss, Serota, et al., Ft. Lauderdale, Florida
(Former City of Hollywood, City Attorney)
Iris V. Escarra, Esq., Greenberg Traurig, Miami, Florida
Victoria Méndez, Esq., City of Miami, City Attorney
Page 31 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
XXX
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
General Fund –
Building & Code
Compliance/People’s
Transportation Fund
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:Renewal
ITB#12-13-034 Sidewalk
Replacement & Installation X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list
the specific objective/strategy this item will
address)
N/A
X
Sponsor Name
Cameron D. Benson,
City Manager
Department:Development Services
Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF THAT CERTAIN
AGREEMENT WITH METRO EXPRESS, INC. AND STRAIGHTLINE
ENGINEERING GROUP LLC., FOR SIDEWALK REPLACEMENT AND
REPAIRS, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE
ORDERS, ON AN AS NEEDED BASIS, IN AN AMOUNT NOT TO
EXCEED THE ANNUAL ALLOCATED BUDGETED AMOUNT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Item K-5) Consent Agenda
Resolution
Agreement Renewal w/
Metro Express & Straightline
Page 32 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
On June 26, 2013, City Council awarded an Invitation To Bid for Sidewalk Replacement & Installation to
Metro Express, Inc. and Straightline Engineering Group, LLC as part of the CITT (People’s Transportation
Program – ½ Cents Transportation Tax) is to install new sidewalk to include ADA (American Disability
Act) upgrades as roads are resurfaced throughout the community. The City Council authorized the City
Manager to issue purchase orders on as needed basis for the sidewalk replacements & installations to
Metro Express Inc. primary vendor and Straightline Engineering Group LLC as the secondary vendor.
The initial term of the contract is for one (1) year period, with City option to renew annually for the
maximum of two years under the same terms and conditions. The current contract expires August 1,
2015. Staff concurs with the renewal of this contract with both vendors.
Current Situation
The current solicitation allows for annual renewals for a maximum of three years. This is the third and
final renewal. The City’s Public Works and Development Services Department continues to install, repair
and replace sidewalks throughout the City on an as needed basis. Staff and the members of the Co-Op
group are satisfied with both vendors and would like to renew with the two contractors.
A vendor performance evaluation has been completed by the Using Agency for Metro Express, Inc. the
primary vendor who has performed the majority of the work. Metro Express, Inc. received an average
score of 4.86 out of a possible high score of 5.00. The company’s insurance is up to date.
The City is the lead agent on this contract for the Southeast Florida Governmental Cooperative Group.
Fiscal Impact
Funding is provided from People’s Transportation Program – ½ Cents Transportation Tax (CITT) and will
not exceed the annual budgeted amount for sidewalk repairs and replacement.
Proposed Action:
That the City Council approve the attached resolution awarding the annual contract for the Replacement
& Installation of Sidewalks (ITB#12-13-034) to Metro Express, Inc. as primary contractor and Straightline
Engineering Group, LLC as secondary contractor and authorizing the City Manager to issue purchases
orders on as needed basis not to exceed the allocated budget for the replacement and installation of
sidewalks.
Attachment:
Exhibit 1 – Vendor Performance Evaluation Form
Page 33 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF 4
THAT CERTAIN AGREEMENT WITH METRO EXPRESS, INC. 5
AND STRAIGHTLINE ENGINEERING GROUP LLC., FOR 6
SIDEWALK REPLACEMENT AND REPAIRS, AUTHORIZING THE 7
CITY MANAGER TO ISSUE PURCHASE ORDERS, ON AN AS 8
NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED THE 9
ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING FOR 10
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 11
EFFECTIVE DATE. 12
13
WHEREAS, on June 26, 2013, the City Council adopted Resolution No. 2013-14
164-1960, which authorized the City Manager to issue purchase orders to Metro 15
Express, Inc. as primary vendor and Straightline Engineering Group, LLC., as the 16
secondary vendor, for sidewalk replacement and repairs, and 17
WHEREAS, the City Council also authorized the automatic renewal of the 18
agreement for two additional one year terms, and 19
WHEREAS, the current contract will expire on August 1, 2015, and 20
WHEREAS, City staff recommends renewing the Agreement with both vendors 21
for an additional one year term through August 2016, 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26
made a specific part of this Resolution. 27
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28
hereby authorizes a renewal of that certain Agreement with Metro Express, Inc. and 29
Straightline Engineering Group LLC., for sidewalk replacement and repairs; and 30
Page 34 of 171
2
authorizes the City Manager to issue purchase orders, on an as needed basis, in an 31
amount not to exceed the annual allocated budgeted amount. 32
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 33
upon its final passage. 34
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 36
37
___________________________________ 38
OLIVER GILBERT, III, MAYOR 39
40
41
42
ATTEST: 43
44
45
__________________________________ 46
RONETTA TAYLOR, MMC, CITY CLERK 47
48
49
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50
51
52
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 53
54
Moved by: __________________ 55
56
VOTE: _________ 57
58
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 60
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61
Councilman David Williams Jr ____ (Yes) ____ (No) 62
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
66
Page 35 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X X
Funding Source:
General Fund- IT
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
State of Florida #252-001-091 X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Enhance City Workforce Technical
Skills
Sponsor Name
Cameron Benson,
City Manager
Department:Information Technology
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW
THAT CERTAIN AGREEMENT WITH SOFTWARE HOUSE
INTERNATIONAL, INC., FOR LICENSES OF MICROSOFT HOUSE
INTERNATIONAL, INC., FOR LICENSES OF MICROSOFT PRODUCTS IN
ACCORDANCE WITH STATE OF FLORIDA CONTRACT NO. 252-001-09,
IN THE AMOUNT OF ONE HUNDRED FIFTY-SIX THOUSAND, THREE
HUNDRED SIXTY-THREE DOLLARS AND FORTY-TWO CENTS
($156,363.42); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City Council authorized the City Manager in May 2008, to enter into an agreement, on an annual
renewal basis, with Software House International (SHI), Inc for the licenses of all Microsoft Products
Item K-6) Consent Agenda Resolution Agreement Renewal w/ Microsoft House International
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
used by the City, in accordance with State of Florida Contract #252-001-09-1. Microsoft products are
used on over 600 computers, servers and other IT devices.
In addition the City of Miami Gardens has a contract with Microsoft / SHI. According to this contract, the
City is required to pay an annual licensing fee and reconcile the cost for any additional licenses that have
been used during the year. Costs of the licenses have not increased since the renewal. The cost to renew
the contract is $156,363.42 annually, for three years. This will be the last renewal.
Fiscal Impact
The cost of this license is included in the FY 2015 budget in the amount of $156,343.
Proposed Action:
It is recommended that the City Council authorize the City Manager to issue a purchase order in the
amount of $156,363.42 to Software House International, the state approved vendor for Microsoft for
software licenses for the City.
Attachment:
Attachment A – SHI Quote
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER TO RENEW THAT CERTAIN AGREEMENT WITH 5
SOFTWARE HOUSE INTERNATIONAL, INC., FOR LICENSES OF 6
MICROSOFT PRODUCTS IN ACCORDANCE WITH STATE OF 7
FLORIDA CONTRACT NO. 252–001–09, IN THE AMOUNT OF 8
ONE HUNDRED FIFTY-SIX THOUSAND, THREE HUNDRED 9
SIXTY-THREE DOLLARS AND FORTY-TWO CENTS 10
($156,363.42); PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, on May 21, 2008 the City Council authorized an agreement with 14
Software House International, Inc. (SHI) for the licenses of all Microsoft products used 15
by the City in accordance with state of Florida Contract No. 252–01–09-1, and 16
WHEREAS, the current State of Florida contract is renewable through October 17
31, 2015, and 18
WHEREAS, City staff is requesting that the City renew the contract with Software 19
House International, Inc. for fiscal year 2015, in the amount of One Hundred Fifty-Six 20
Thousand, Three Hundred Sixty-Three Dollars and Forty-Two Cents ($156,363.42), 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby authorizes the City Manager to renew that certain agreement with Software 28
House International, Inc., for licenses of Microsoft products in accordance with State Of 29
Florida Contract No. 252–001–09, in the amount of One Hundred Fifty-Six Thousand, 30
Three Hundred Sixty-Three Dollars And Forty-Two Cents ($156,363.42). 31
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2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40
ATTEST: 41
42
43
__________________________________ 44
RONETTA TAYLOR, MMC, CITY CLERK 45
46
47
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 48
49
50
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 51
52
Moved by: __________________ 53
54
VOTE: _________ 55
56
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59
Councilman David Williams Jr ____ (Yes) ____ (No) 60
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61
Councilman Rodney Harris ____ (Yes) ____ (No) 62
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63
64
65
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Enterprise Agreement
Amendment ID CTM
000-rudyg-S-009
This amendment (“Amendment”) is entered into between the parties identified on the
signature form. All terms used but not defined in this Amendment will have the same
meanings provided in Enterprise Agreement No. 01E73214 (“Agreement”). The parties
agree that the Agreement is amended as follows:
Notwithstanding anything to the contrary, the following is hereby added to the Agreement:
For purposes of this Amendment, the following additional definitions will apply:
“Aggregate G3 Count” means, as of the date it is measured, the aggregate total of
unexpired Office 365 Plan G3 (“G3”) User Subscription Licenses (“USL”) across
each of the Qualifying State Agencies’ Enrollments;
“Maximum Aggregate G3 Count” means, for any invoice under the Enrollment
amended by the Office 365 Price Waterfall Enrollment Amendment, the highest
Aggregate G3 Count measured as of any Volume Determination Dates prior to the
invoice date;
“Office 365 Price Waterfall Enrollment Amendment” means the amendment that is
applied at the Enrollment level for each Qualifying State Agency that acquires G3;
“Qualifying State Agencies” means the Florida State Agencies listed in the following
table;
Qualifying State Agencies
Division of Administrative Hearings
Agency for Enterprise Information
Technology
Agency for Healthcare Administration
Agency for Persons with Disabilities
Dept of Agriculture & Consumer Services
Dept of Legal Affairs (Attorney General)
Auditor General
Department of Business & Professional
Regulation
Dept of Children & Families
Dept of Citrus
Florida Commission on Human Relations
Dept of Corrections
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Florida Developmental Disabilities Council
Dept of Economic Opportunity
Dept of Elder Affairs
Dept of Emergency Management
Dept of Environmental Protection
Dept of Financial Services
Fish & Wildlife Conservation Commission
Florida Cabinet
Florida Guardian Ad Litem Program
Executive Office of the Governor
Dept of Health
Dept of Highway Safety & Motor Vehicles
Enterprise Florida
Florida House of Representatives
Florida Housing Finance Corporation
Justice Administrative Commission
Dept of Juvenile Justice
Dept of Law Enforcement
Dept of Lottery
Dept of Management Services
Dept of Military Affairs
Northwood Shared Resource Center
Office of Financial Regulation
Office of Insurance Regulation
Office of Legislative Information
Technology Services
OPPAGA
Parole Commission
PERC
Public Services Commission
Florida Retirement System
Dept of Revenue
Florida Senate
Southwood Shared Resource Center
Space Florida
Dept of State
Florida State Board of Administration
Florida State Courts
State Fire Marshal
Dept of Transportation
Dept of Veterans' Affairs
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Visit Florida
Workforce Florida
“Volume Determination Date” means the date at which the aggregate total of
unexpired G3 USLs is calculated, as defined in the Office 365 Price Waterfall
Enrollment Amendment.
Office 365 Plan G3 Price Waterfall Amendment. Microsoft agrees to allow
Qualifying State Agencies to sign the Office 365 Price Waterfall Enrollment
Amendment to govern Microsoft’s price to Customer’s reseller for G3. Each
Enrolled Affiliate’s price and payment terms for each payment for G3 will be
established by its Reseller based upon confidential monthly per-user reseller prices
provided to Reseller by Microsoft.
Microsoft has established three levels of monthly per-user Reseller pricing for G3 for
the Qualifying State Agencies that sign the Office 365 Price Waterfall Enrollment
Amendment under their Enrollments:
(i) The “Sub-50K Level,” which will apply to all payments for which the
Maximum Aggregate G3 Count, as of the Volume Determination Date which
occurred immediately prior to the payment date, is less than 50,000;
(ii) The “50K Level,” which will apply to all payments for which the Maximum
Aggregate G3 Count, as of the Volume Determination Date which occurred
immediately prior to the payment date, is between 50,000 and 69,999; and
(iii)The “70K Level,” which will apply to all payments for which the Maximum
Aggregate G3 Count, as of the Volume Determination Date which occurred
immediately prior to the payment date, is equal to or greater than 70,000.
Per the terms of the Office 365 Price Waterfall Enrollment Amendment, Enrolled
Affiliates will acknowledge that they have been provided a quote for each of the three
price levels shown above, and understands if, when, and how its pricing will change
according to the terms and conditions of the Office 365 Price Waterfall Enrollment
Amendment.
This amendment is valid until expiration of the current term of this Agreement. No extension
of this Agreement is provided without Microsoft’s prior written consent.
This amendment must be attached to a signature form to be valid.
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252-001-09-1
Quarterly Report Form – Attachment A
Company State Term Contract No.
Address Contract Expiration Date
City Reporting Date
State Zip Code Contact
State of FL Vendor #Email
Reporting Period
Date
Part
Number/SKU
Item / Service
Name MFG Item
Category
Item
Subcategory Product Description Customer Name
Florida
Commodity
Code
UOM UOM
Desc Volume Qty Order
Date
Date
Delivered
Purchase
Type List Price Contract
Price
Additional
Fields
.
Provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following the end of each quarter (ex: January, April, July and October). Submit to: Lori
Alberstadt (Lori.Alberstadt@dms.myflorida.com).
Contract Quarterly Reporting Form
State Term Contract Administrator Signature of Receipt:
Signature
Contact Phone Number
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Quarterly Report Form – Attachment A
AMENDMENT NO. 1
To State Term Contract 252-001-09-1
Microsoft License, Maintenance, & Services
This Amendment No. 1 (“Amendment”), effective as of April 1, 2012, to the
Microsoft License, Maintenance, & Services Contract No. 252-001-09-1 (“Contract”)
effective between the State of Florida, Department of Management Services (“Department”
or “Customer”) and SHI International Corporation (“Contractor”). Department and Contractor
are collectively referred to herein as the “Parties.” All capitalized terms used herein shall
have the meaning assigned to them in the Contract, unless otherwise defined herein.
WHEREAS the Contract was originally entered on April 1, 2009 with Contractor for
the provision of Microsoft License, Maintenance, & Services, and is scheduled to expire on
March 31, 2012; and
WHEREAS in accordance with Section 4.26 of the State Term Contract No. 252-
001-09-1, upon mutual agreement, the Customer and the Contractor may renew the
Contract, in whole or in part, for a period that may not exceed 3 years or the term of the
contract, whichever period is longer; and
THEREFORE, in consideration of the mutual promises contained below, and other
good and valuable consideration, receipt and sufficiency of which are hereby acknowledged,
the Parties agree to the following:
1.0 Contract Renewal. The Department hereby executes its renewal option pursuant to
the provision of Section 4.26 Renewal of Contract, Section 5.16 Pricing, and in
accordance with Section 287.057(13), Florida Statues, for one year and is hereby
renewed effective April 1, 2012 through March 31, 2013.
2.0 Reporting Requirements. Section 5.9, of Contract No. 252-001-09-1, is
superseded and entirely replaced with the following:
5.9 Sales Summary Reports
Each Contractor shall submit a sales report on a Quarterly basis. Reporting
periods coincide with the State Fiscal Year:
Quarter 1- (July‐September)
Quarter 2 - (October‐December)
Quarter 3 ‐ (January‐March)
Quarter 4 - (April‐June)
Each Quarterly Sales Report must be in Excel format and shall include:
Contractor’s Name and contact information as required on the Department of
Management Services “Contract Quarterly Report”
Detail of time period covered by included data
Total sales including detail of list price and contract price
Transaction detail will include:
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Part Number/SKU Your product part number if applicable
Item / Service
Name Given name of Item or Service
MFG Manufacturer, Publisher, Service Provider
Item Category Description of the product category, according to attached
table
Item
Subcategory Additional grouping for item
Product
Description Additional detail for item
Customer Name
State Agencies, Universities, Political Subdivisions, Other
Eligible Users
NIGP Code National Institute of Government Procurement code
Florida
Commodity Code Florida Commodity Code
UOM Unit of Measure
UOM Desc Description of unit of measure (see example)
Volume Qty Number of items/services purchased/provided
Order Date Order date
Date Delivered Delivered date to customer
Purchase Type Purchase Order, Payment Card, Other
List Price List price (Market + fee contracts use market price)
Contract Price Contracted price with state per contract terms
Additional Fields
Any new information related to your company's
products/services
Failure to provide quarterly and annual sales reports, including no sales, within
thirty (30) calendar days following the end of each quarter (January, April,
July and October) and/or contract year may result in the contract supplier being
found in default and cancellation of the contract by the Department. Upon request,
the Contractor shall report to the Department, spend with certified and other
minority business enterprises. Reports must include the period covered, the
name, minority code and Federal Employer Identification Number of each minority
vendor utilized during the period, commodities and services provided by the
minority business enterprise, and the amount paid to each minority vendor on
behalf of each purchasing agency ordering under the terms of this contract.
Initiation and submission of the Contract Sales Summaries are to be the
responsibility of the Contractor without prompting or notification by the Contract
Manager. The Contractor will submit the completed Contract Sales Summary
forms by email to the Contract Manager.
3.0 Employment Verification. Pursuant to State of Florida Executive Orders Nos.: 11-
02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland
Security’s E-Verify system to verify the employment of all new employees hired by
the Contractor during the contract term. Also, Contractor shall include in related
subcontracts a requirement that subcontractors performing work or providing
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services pursuant to the state contract utilize the E-Verify system to verify
employment of all new employees hired by the subcontractor during the contract
term.
4.0 Scrutinized Company List. In executing this contract, Contractor certifies that it is
not listed on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to section 215.473, Florida Statutes. Pursuant to section
287.135(5), F.S., Contractor agrees the Department may immediately terminate this
contract for cause if the Contractor is found to have submitted a false certification or
if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List
during the term of the contract.
5.0 Preferred Pricing. The Contractor agrees to submit to the Department, at least
annually, an affidavit from an authorized representative attesting that the Contractor
is in compliance with the preferred pricing provision in Section 4(b)
of form PUR 1000.
6.0 Warrant of Authority. Each person signing this Amendment warrants that he or she
is duly authorized to do so and to bind the respective party.
7.0 Effect: Unless otherwise modified by this Amendment, all terms and conditions
contained in the Contract shall continue in full force and effect.
State of Florida, SHI International Corporation:
Department of Management Services:
By:__________________________ By:_____________________________
Name: Kelly Loll, C.P.M. Name:__________________________
Chief Procurement Officer &
Title:_ Director of State Purchasing Title:___________________________
Date:_________________________ Date:___________________________
Approved as to form and legality
By:
Office of the General Counsel Date
Department of Management Services
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CERTIFICATION OF CONTRACT
TITLE: Large Account Reseller for Microsoft Software, Licenses and Maintenance
CONTRACT NO.: 252-001-09-1
ITN NO.: 11-252-001-H
EFFECTIVE: April 1, 2009 – March 31, 2012
SUPERSEDES: 255-001-01-1 Large Account Reseller for Microsoft Software,
Licenses and Maintenance, expiring March 31, 2009
CONTRACTOR(S): Software House International, Inc.
A. AUTHORITY - Upon affirmative action taken by the State of Florida
Department of Management Services, a contract has been executed
between the State of Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the
purchase of Microsoft Software, Licenses and Maintenance by all State of
Florida agencies and institutions. Therefore, in compliance with Section
287.042, Florida Statutes, all purchases of these commodities shall be
made under the terms, prices, and conditions of this contract and with the
suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in
accordance with the attached ordering instructions. Purchaser shall order
at the prices indicated, exclusive of all Federal, State and local taxes.
All contract purchase orders shall show the State Purchasing contract
number, product number, quantity, description of item, with unit prices
extended and purchase order totaled. (This requirement may be waived
when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor
failure to perform according to the requirements of this contract on
Complaint to Vendor form PUR 7017. Should the vendor fail to correct the
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problem within a prescribed period of time, then form PUR 7029, Request
for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions
are enclosed for your information. Any restrictions accepted from the
supplier are noted on the ordering instructions.
_________________________________________
Authorized Signature (date)
DSP/llp
Attachments
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Contract Administrator
Lori Potts
Phone: 850-487-4196
Email: Lori.Potts@dms.myflorida.com
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TABLE OF CONTENTS:
1.0 INTRODUCTION
2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
4.0 GENERAL CONTRACT CONDITIONS (PUR 1000)
5.0 SPECIAL CONTRACT CONDITIONS
6.0 TECHNICAL SPECIFICATIONS
7.0 FORMS, ATTACHMENTS, AND WORKSHEETS
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SECTION 1.0
INTRODUCTION
CONTENTS:
1.1 PURPOSE / TERM
1.2 PRODUCT OFFERINGS
1.3 CONTACT INFORMATION
1.4 EVENT TIMELINE
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1.1 Purpose / Terms
The State of Florida, Department of Management Services, Division of State
Purchasing provides centralized statewide contracts for software and other
commodities and services for use by all state agencies, political sub-divisions (such as
municipalities, towns, schools, universities, etc.) and others authorized by law to use
state contracts.
The purpose of this solicitation is to establish a 36 month contract with the option for
renewals per section 287.057 (14) (a.) for the purchase of Microsoft Software,
Licenses and Maintenance. The contract term is anticipated to begin on or about April
1, 2009. The State’s MyFloridaMarketPlace e-Procurement system (the “System”)
will be used to conduct this competitive event.
If you are interested in bidding on this software contract, you must be registered in
MyFloridaMarketPlace and adhere to “who may bid” requirements as outlined in
section 3.4 of this solicitation.
1.2 Product Offerings
Products available under this Contract are set forth in Section 6 of this
solicitation. These offerings may be updated during the Contract term to
incorporate new Product offerings, as well as price revisions and to discontinue
items no longer offered by Microsoft. Offering updates must be submitted as
outlined in Section 5.18 of this solicitation.
1.3 Contact Information
The primary contact for this solicitation is:
Lori Potts
Purchasing Analyst, State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
Office: (850) 487-4196 (850) 414-8331 (facsimile)
Lori.Potts@dms.myflorida.com
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1.4 Event Timeline.
EVENT TIMELINE
Event Time (EDT) Date
ITN Release 25 Nov 08
Optional MFMP Sourcing Training 2:00 PM 2 Dec 08
Deadline for Questions Submitted via the Q&A
Board within MyFloridaMarketPlace
2:00 PM 9 Dec 08
Answers to Respondents Questions Posted 12 Dec 08
ITN Submission Deadline 2:00 PM 6 Jan 09
Evaluation 12 Jan 09 – 23 Jan 09
Evaluation Scoring Session (Public meeting will be
held in building 4050, Room 101)
2:00 PM 27 Jan 09
Electronic Posting of Promotion to Stage 2 (Pricing
and Negotiation)
27 Jan 09
Final Pricing and Negotiation (if required) 28 Jan – 13 Feb 09
Posting of Intent to Award On or about 19 Feb 09
Contract Start Date On or about 1 Apr 09
IT IS STRONGLY RECOMMENDED THAT YOU SUBMIT YOUR BID
AS EARLY AS POSSIBLE. YOU SHOULD ALLOW TIME TO RECEIVE
ANY REQUESTED ASSISTANCE AND TO RECEIVE VERIFICATION
OF YOUR SUBMITTAL; WAITING UNTIL THE LAST HOURS OF THE
SOLICITATION COULD IMPACT THE TIMELY SUBMITTAL OF
YOUR BID.
DO NOT RELY ON THE “MYFLORIDAMARKETPLACE ” SOURCING
TOOL’S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION
CLOSING TIME SHALL BE AS REFLECTED IN THE TIMELINE
(SECTION 1.4) OF THIS ITN.
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SECTION 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS, STATE OF FLORIDA FORM PUR 1001
Please refer to section 1.4 on the RFX info tab of this solicitation within the
MyFloridaMarketPlace Sourcing Tool.
CONTENTS:
2.1 Definitions
2.2 General Instructions
2.3 Electronic Submission of Responses
2.4 Terms and Conditions
2.5 Questions
2.6 Conflict of Interest
2.7 Convicted Vendors
2.8 Discriminatory Vendors
2.9 Respondent’s Representation and Authorization
2.10 Manufacturer’s Name and Approved Equivalents
2.11 Performance Qualifications
2.12 Public Opening
2.13 Electronic Posting of Notice of Intended Award
2.14 Firm Response
2.15 Clarifications/ Revisions
2.16 Minor Irregularities/Right to Reject
2.17 Contract Formation
2.18 Contract Overlap
2.19 Public Records
2.20 Protests
2.21 Limitation on Vendor Contact with Agency During Solicitation Period
2.1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement.
The following additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation. The “Buyer” may also be
the “Customer” as defined in the PUR 1000 if that entity meets the definition of
both terms.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the
Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance
with these Instructions.
(d) "Response" means the material submitted by the respondent in answering the
solicitation.
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(e) "Timeline" means the list of critical dates and actions included in the Introductory
Materials.
2.2. General Instructions.
Potential respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare responses accordingly.
2.3. Electronic Submission of Responses.
Respondents are required to submit responses electronically. For this purpose, all
references herein to signatures, signing requirements, or other required
acknowledgments hereby include electronic signature by means of clicking the "Submit
Response" button (or other similar symbol or process) attached to or logically associated
with the response created by the respondent within MyFloridaMarketPlace. The
respondent agrees that the action of electronically submitting its response constitutes:
an electronic signature on the response, generally,
an electronic signature on any form or section specifically calling for a signature, and
an affirmative agreement to any statement contained in the solicitation that requires a
definite confirmation or acknowledgement.
2.4. Terms and Conditions.
All responses are subject to the terms of the following sections of this solicitation,
which, in case of conflict, shall have the order of precedence listed:
Technical Specifications,
Special Conditions and Instructions,
Instructions to Respondents (PUR 1001),
General Conditions (PUR 1000), and
Introductory Materials.
The Buyer objects to and shall not consider any additional terms or conditions submitted
by a respondent, including any appearing in documents attached as part of a
respondent’s response. In submitting its response, a respondent agrees that any
additional terms or conditions, whether submitted intentionally or inadvertently, shall
have no force or effect. Failure to comply with terms and conditions, including those
specifying information that must be submitted with a response, shall be grounds for
rejecting a response.
2.5. Questions.
Respondents shall address all questions regarding this solicitation to the Procurement
Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace
and must be RECEIVED NO LATER THAN the time and date reflected on the
Timeline. Questions shall be answered in accordance with the Timeline. All questions
submitted shall be published and answered in a manner that all respondents will be able
to view. Respondents shall not contact any other employee of the Buyer or the State for
information with respect to this solicitation. Each respondent is responsible for
monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer
shall not be bound by any verbal information or by any written information that is not
contained within the solicitation documents or formally noticed and issued by the
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Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer
personnel shall not constitute formal protest of the specifications or of the solicitation, a
process addressed in paragraph 19 of these Instructions.
2.6. Conflict of Interest.
This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall
disclose with their response the name of any officer, director, employee or other agent
who is also an employee of the State. Respondents shall also disclose the name of any
State employee who owns, directly or indirectly, an interest of five percent (5%) or more
in the respondent or its affiliates.
2.7. Convicted Vendors.
A person or affiliate placed on the convicted vendor list following a conviction for a
public entity crime is prohibited from doing any of the following for a period of 36
months from the date of being placed on the convicted vendor list:
submitting a bid on a contract to provide any goods or services to a public entity;
submitting a bid on a contract with a public entity for the construction or repair of a
public building or public work;
submitting bids on leases of real property to a public entity;
being awarded or performing work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and
transacting business with any public entity in excess of the Category Two threshold
amount ($25,000) provided in section 287.017 of the Florida Statutes.
2.8. Discriminatory Vendors.
An entity or affiliate placed on the discriminatory vendor list pursuant to section
287.134 of the Florida Statutes may not:
submit a bid on a contract to provide any goods or services to a public entity;
submit a bid on a contract with a public entity for the construction or repair of a
public building or public work;
submit bids on leases of real property to a public entity;
be awarded or perform work as a contractor, supplier, sub-contractor, or consultant
under a contract with any public entity; or
transact business with any public entity.
2.9. Respondent’s Representation and Authorization.
In submitting a response, each respondent understands, represents, and acknowledges
the following (if the respondent cannot so certify to any of following, the respondent
shall submit with its response a written explanation of why it cannot do so).
The respondent is not currently under suspension or debarment by the State or any
other governmental authority.
To the best of the knowledge of the person signing the response, the respondent, its
affiliates, subsidiaries, directors, officers, and employees are not currently under
investigation by any governmental authority and have not in the last ten (10) years
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been convicted or found liable for any act prohibited by law in any jurisdiction,
involving conspiracy or collusion with respect to bidding on any public contract.
Respondent currently has no delinquent obligations to the State, including a claim by
the State for liquidated damages under any other contract.
The submission is made in good faith and not pursuant to any agreement or
discussion with, or inducement from, any firm or person to submit a complementary
or other noncompetitive response.
The prices and amounts have been arrived at independently and without consultation,
communication, or agreement with any other respondent or potential respondent;
neither the prices nor amounts, actual or approximate, have been disclosed to any
respondent or potential respondent, and they will not be disclosed before the
solicitation opening.
The respondent has fully informed the Buyer in writing of all convictions of the firm,
its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all
directors, officers, and employees of the firm and its affiliates for violation of state or
federal antitrust laws with respect to a public contract for violation of any state or
federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the
names of current employees who were convicted of contract crimes while in the
employ of another company.
Neither the respondent nor any person associated with it in the capacity of owner,
partner, director, officer, principal, investigator, project director, manager, auditor, or
position involving the administration of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment
rendered against them or is presently indicted for or otherwise criminally or
civilly charged for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal, state, or local
government transaction or public contract; violation of federal or state antitrust
statutes; or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property; or
o Has within a three-year period preceding this certification had one or more
federal, state, or local government contracts terminated for cause or default.
The product offered by the respondent will conform to the specifications without
exception.
The respondent has read and understands the Contract terms and conditions, and the
submission is made in conformance with those terms and conditions.
If an award is made to the respondent, the respondent agrees that it intends to be
legally bound to the Contract that is formed with the State.
The respondent has made a diligent inquiry of its employees and agents responsible
for preparing, approving, or submitting the response, and has been advised by each of
them that he or she has not participated in any communication, consultation,
discussion, agreement, collusion, act or other conduct inconsistent with any of the
statements and representations made in the response.
The respondent shall indemnify, defend, and hold harmless the Buyer and its
employees against any cost, damage, or expense which may be incurred or be caused
by any error in the respondent’s preparation of its bid.
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All information provided by, and representations made by, the respondent are
material and important and will be relied upon by the Buyer in awarding the Contract.
Any misstatement shall be treated as fraudulent concealment from the Buyer of the
true facts relating to submission of the bid. A misrepresentation shall be punishable
under law, including, but not limited to, Chapter 817 of the Florida Statutes.
2.10. Manufacturer’s Name and Approved Equivalents.
Unless otherwise specified, any manufacturers’ names, trade names, brand names,
information or catalog numbers listed in a specification are descriptive, not restrictive.
With the Buyer’s prior approval, the Contractor may provide any product that meets or
exceeds the applicable specifications. The Contractor shall demonstrate comparability,
including appropriate catalog materials, literature, specifications, test data, etc. The
Buyer shall determine in its sole discretion whether a product is acceptable as an
equivalent.
2.11. Performance Qualifications.
The Buyer reserves the right to investigate or inspect at any time whether the product,
qualifications, or facilities offered by Respondent meet the Contract requirements.
Respondent shall at all times during the Contract term remain responsive and
responsible. In determining Respondent’s responsibility as a vendor, the agency shall
consider all information or evidence which is gathered or comes to the attention of the
agency which demonstrates the Respondent’s capability to fully satisfy the
requirements of the solicitation and the contract.
Respondent must be prepared, if requested by the Buyer, to present evidence of
experience, ability, and financial standing, as well as a statement as to plant, machinery,
and capacity of the respondent for the production, distribution, and servicing of the
product bid. If the Buyer determines that the conditions of the solicitation documents
are not complied with, or that the product proposed to be furnished does not meet the
specified requirements, or that the qualifications, financial standing, or facilities are not
satisfactory, or that performance is untimely, the Buyer may reject the response or
terminate the Contract. Respondent may be disqualified from receiving awards if
respondent, or anyone in respondent’s employment, has previously failed to perform
satisfactorily in connection with public bidding or contracts. This paragraph shall not
mean or imply that it is obligatory upon the Buyer to make an investigation either
before or after award of the Contract, but should the Buyer elect to do so, respondent is
not relieved from fulfilling all Contract requirements.
2.12. Public Opening.
Responses shall be opened on the date and at the location indicated on the Timeline.
Respondents may, but are not required to, attend. The Buyer may choose not to
announce prices or release other materials pursuant to s. 119.071(1)(b), Florida
Statutes. Any person requiring a special accommodation because of a disability should
contact the Procurement Officer at least five (5) workdays prior to the solicitation
opening. If you are hearing or speech impaired, please contact the Buyer by using the
Florida Relay Service at (800) 955-8771 (TDD).
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2.13. Electronic Posting of Notice of Intended Award.
Based on the evaluation, on the date indicated on the Timeline the Buyer shall
electronically post a notice of intended award at
http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is
delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of
the delay and a revised date for posting the notice of intended award. Any person who
is adversely affected by the decision shall file with the Buyer a notice of protest within
72 hours after the electronic posting. The Buyer shall not provide tabulations or notices
of award by telephone.
2.14. Firm Response.
The Buyer may make an award within sixty (60) days after the date of the opening,
during which period responses shall remain firm and shall not be withdrawn. If award
is not made within sixty (60) days, the response shall remain firm until either the Buyer
awards the Contract or the Buyer receives from the respondent written notice that the
response is withdrawn. Any response that expresses a shorter duration may, in the
Buyer's sole discretion, be accepted or rejected.
2.15. Clarifications/Revisions.
Before award, the Buyer reserves the right to seek clarifications or request any
information deemed necessary for proper evaluation of submissions from all
respondents deemed eligible for Contract award. Failure to provide requested
information may result in rejection of the response.
2.16. Minor Irregularities/Right to Reject.
The Buyer reserves the right to accept or reject any and all bids, or separable portions
thereof, and to waive any minor irregularity, technicality, or omission if the Buyer
determines that doing so will serve the State’s best interests. The Buyer may reject any
response not submitted in the manner specified by the solicitation documents.
2.17. Contract Formation.
The Buyer shall issue a notice of award, if any, to successful respondent(s), however,
no contract shall be formed between respondent and the Buyer until the Buyer signs the
Contract. The Buyer shall not be liable for any costs incurred by a respondent in
preparing or producing its response or for any work performed before the Contract is
effective.
2.18. Contract Overlap.
Respondents shall identify any products covered by this solicitation that they are
currently authorized to furnish under any state term contract. By entering into the
Contract, a Contractor authorizes the Buyer to eliminate duplication between
agreements in the manner the Buyer deems to be in its best interest.
2.19. Public Records.
Article 1, section 24, Florida Constitution, guarantees every person access to all public
records, and Section 119.011, Florida Statutes, provides a broad definition of public
record. As such, all responses to a competitive solicitation are public records unless
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exempt by law. Any respondent claiming that its response contains information that is
exempt from the public records law shall clearly segregate and mark that information
and provide the specific statutory citation for such exemption.
2.20. Protests.
Any protest concerning this solicitation shall be made in accordance with sections
120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida
Administrative Code. Questions to the Procurement Officer shall not constitute formal
notice of a protest. It is the Buyer's intent to ensure that specifications are written to
obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code requires that
a notice of protest of the solicitation documents shall be made within seventy-two
hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be included in the
solicitation: "Failure to file a protest within the time prescribed in section 120.57(3),
Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida
Statutes."
Section 28-110.005, Fla. Admin. Code requires the following statement to be included
in the solicitation: "Failure to file a protest within the time prescribed in Section
120.57(3), Florida Statutes, or failure to post the bond or other security required by law
within the time allowed for filing a bond shall constitute a waiver of proceedings under
Chapter 120, Florida Statutes.”
2.21. Limitation on Vendor Contact with Agency During Solicitation Period.
Respondents to this solicitation or persons acting on their behalf may not contact,
between the release of the solicitation and the end of the 72-hour period following the
agency posting the notice of intended award, excluding Saturdays, Sundays, and state
holidays, any employee or officer of the executive or legislative branch concerning any
aspect of this solicitation, except in writing to the procurement officer or as provided in
the solicitation documents. Violation of this provision may be grounds for rejecting a
response.
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SECTION 3.0
SPECIAL INSTRUCTIONS TO RESPONDENTS
SPECIAL INSTRUCTIONS TO RESPONDENTS CONTAINED IN THIS SECTION 3.0 MAY SUPERCEDE
OR SUPPLEMENT GENERAL INSTRUCTIONS TO RESPONDENTS CONTAINED IN SECTION 2.0.
CONTENTS
3.1 ADDITIONAL DEFINITIONS
3.2 ORDER OF EVENTS
3.3 ORDER OF PRECEDENCE
3.4 WHO MAY RESPOND
3.5 MYFLORIDAMARKETPLACE (MFMP) ITN OVERVIEW
3.6 THE MFMP SOURCING TOOL
3.6.1 OPTIONAL MFMP SOURCING TRAINING
3.6.2 ON-DEMAND TRAINING
3.7 SOURCING TOOL TIPS
3.8 EMAIL NOTIFICATION
3.9 SUBMITTAL OF RESPONSE
3.9.1 RESPONSE FORMAT/INSTRUCTIONS
3.10 AMENDMENTS TO THE ITN DOCUMENTS
3.11 INITIAL DETERMINATION OF RESPONSIVENESS
3.12 EVALUATION AND SELECTION PROCESS
3.13 INVITATION TO NEGOTIATION PHASE
3.14 NEGOTIATIONS AND CONTRACT AWARD
3.15 ELECTRONIC POSTING OF RANKING OF RESPONDENTS PRIOR TO NEGOTIATIONS AND
UPON FINAL AWARD
3.16 STATE OBJECTIVES
3.16.1 DIVERSITY
3.16.2 CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM
3.16.3 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED
3.16.4 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC.
(PRIDE)
3.17 FIRM RESPONSE
3.18 LOBBYING
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3.1 Additional Definitions.
The definitions found in §60A-1.001, F.A.C. shall apply to this agreement. The
following additional terms are also defined:
a) “Certified Dealer” refers to a person authorized by the Manufacturer to sell the
Manufacturer’s products in the Florida government market.
b) “Commercial Software” means software developed or regularly used that (1)
has been sold, leased, or licensed to the general public; (2) has been offered for
sale, lease, or license to the general public; (3) has not been offered, sold, leased,
or licensed to the public but will be available for commercial sale, lease, or
license in time to satisfy the delivery requirements of this contract; or (4)
satisfies a criterion expressed in (1), (2), or (3) above and would require only
minor modifications to meet the requirements of this contract.
c) “Department” means the Florida Department of Management Services. The
Department will be a party to the Contract. “State Purchasing,” a division within
the Department’s Support Program, is responsible for administration of this
solicitation and will be responsible for day-to-day administration of the
Contract. State Purchasing may be reached at 4050 Esplanade Way, Suite 360,
Tallahassee, FL 32399-0950, or via links posted at
http://www.myflorida.com/myflorida/business/index.html.
d) “Documentation” means the complete set of manuals (e.g., user, installation,
instruction or diagnostic manuals) in either hard or electronic copy, which are
necessary to enable an Eligible User to properly test, install, operate and enjoy
full use of the Product.
e) “Eligible Users” means political subdivisions of the State of Florida (county,
local county board of public instruction, municipal, or other local public agency
or authority), State Universities, and any other public entities authorized by
State statute, which may desire to purchase under the terms and conditions of
the Agreement.
f) “Enterprise” means the total business operations in the United States of
Eligible User(s) without regard to geographic location where such operations
are performed or the entity actually performing such operations on behalf of
Eligible Users.
g) “Enterprise License” means a license grant of unlimited rights to deploy,
access, use, and execute Product anywhere within the Enterprise up to the
maximum capacity stated on the Purchase Order or in the Contract.
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h) “Error Corrections” means machine executable software code furnished by
Contractor which corrects the Product so as to conform to the applicable
warranties, performance standards and/or obligations of the Contractor.
i) “Licensed Software” means software transferred upon the terms and conditions
set forth in the Contract. “Licensed Software” includes error corrections,
upgrades, enhancements or new releases, and any deliverables due under a
maintenance or service contract (e.g., patches, fixes, program temporary fix
(PTF), programs, code or data conversion, or custom programming).
j) “Licensee” means one or more Eligible Users who acquire Product from
Contractor by issuing a Purchase Order in accordance with the terms and
conditions of the Contract; provided that, for purposes of compliance with an
individual license, the term “Licensee” shall be deemed to refer separately to the
individual Eligible User(s) who took receipt of and who is executing the
Product, and who shall be solely responsible for performance and liabilities
incurred. In the case of acquisitions by State Agencies, the Licensee shall be
the State of Florida.
k) “License Effective Date” means the date Product is delivered to an Eligible
User. Where a License involved Licensee’s right to copy a previously licensed
and delivered Master Copy of a Program, the license effective date for
additional copies shall be deemed to be the date on which the Purchase Order is
executed.
l) “Licensor” means a Contractor who transfers rights in proprietary Product to
Eligible User(s) in accordance with the rights and obligations specified in the
Contract.
m) “Mandatory” - The Terms “must”, “shall”, “will”, “is required,” identify
a mandatory item or factor (as opposed to “desirable”). Failure to meet a
mandatory item or factor may result in the rejection of the
offeror’s/bidder’s proposal.
n) “Manufacturer” means the entity that holds the trademark in the identified
brand name.
o) “Manufacturer’s Price List” means the most recent document published by the
Manufacturer that details products available, model numbers, options, and prices
for each.
p) “New Product Releases” (Product Revisions) means any commercially released
revisions to the licensed version of a Product as may be generally offered and
available to Eligible Users. New releases involve a substantial revision of
functionality from a previously released version of the Product.
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q) “Operating Software” means those routines, whether or not identified as
Program products that reside in the Equipment and are required for the
Equipment to perform its intended function(s), and which interface the operator,
other Contractor-supplied programs, and user programs to the Equipment.
r) “Product” means a deliverable under any Bid or Contract which may include
commodities, services, and/or technology. The term “Product” includes
Licensed Software.
s) “Purchase Order” means the Eligible User’s fiscal form or format that is used
when making a purchase (e.g., formal written Purchase Order, Procurement
Card, electronic Purchase Order, or other authorized instrument).
t) “Responsible Bidder” means a bidder who has the capability in all respects to
perform fully the contract requirements, and the experience, integrity,
perseverance, reliability, capacity, facilities, equipment, and credit which will
assure good faith performance.
u) Responsive Bidder or “Responsive Proposal” means an offer or proposal
that conforms in all material respects to the requirements set forth in the
Invitation to Negotiate. Material respects of an Invitation to Negotiate
include, but are not limited to price, quality, quantity, or delivery
requirements.
v) “Site License” means for each product, the term “Site License” shall mean the
license established upon acquisition of the applicable number of copies of such
product and payment of the applicable license fees as set forth in the Statement
of Work.
w) “Software” means an all-inclusive term which refers to any computer programs,
routines, or subroutines supplied by the Contractor, including Operating
Software, Programming Aids, Application Programs, and Program Products.
x) “Software Failure” means a malfunction in the Contractor-supplied Software,
other than Operating Software, which prevents the accomplishment of work,
even though the Equipment (including its Operating Software) may still be
capable of operating properly.
y) “State” means the State of Florida and its agencies.
z) “Terms of License” means the terms and conditions set forth in the Contract
that are in effect and applicable to a Purchase Order at the time of the order
placement.
aa) “Virus” means any computer code, whether or not written or conceived by
Contractor, that disrupts, disables, harms, or otherwise impedes in any manner
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the operation of the Product, or any other associated software, firmware,
hardware, or computer system (such as local area or wide-area networks),
including aesthetic disruptions or distortions, but does not include security keys
or other such devices installed by Product manufacturer.
3.2 Order of Events.
Respondents will review and become familiar with the Event Timeline and
solicitation documents, enter any questions in the MFMP Sourcing Tool Q&A Board
before the date and time specified in the Event Timeline, answer all questions
requested for the proposal, submit required documents, develop cost savings
structures, and upload final responses into the MFMP Sourcing Tool.
The Event Timeline gives the date and time (where applicable) for major activities in
the solicitation. See Section 1.4 of this solicitation document for the Event Timeline.
3.3 Order of Precedence.
Potential respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare responses accordingly. In the event any
conflict exists between the Special and General Instructions, those instructions
specified in the Special Instructions shall prevail.
All responses are subject to the terms of the following sections of this ITN, which, in
case of conflict, shall have the order of precedence listed:
Technical Specifications, Section 6.0
Price Sheets
Special Instructions to Respondents, Section 3.0
Special Contract Conditions, Section 5.0
General Instruction to Respondents (PUR 1001), Section 2.0
General Contract Conditions (PUR 1000), Section 4.0
Introduction, Section 1.0
Forms, Attachments and Worksheets
3.4 Who May Respond.
The State of Florida is similar in purchasing size and volume to Texas, California and
New York. In order to meet the large purchasing, licensing, and maintenance needs of
Florida, the Department will accept Responses from responsive and responsible
Respondents that meet all requirements of this Invitation to Negotiate including, but
not limited to, the following:
Respondents must be a Microsoft Certified Large Account Reseller (LAR)
and provide a copy of the certification documentation in addition to the
following requirements:
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Preference will be given to Large Account Resellers who have the following
certifications (copies of certifications must be provided):
o Technology Series Certification
o Professional Series Certification
o Master Services Certification
LARs must have the following on their staff:
o At least five (5) of the following:
Certified IT Professional (MCITP)
o At least one (1) of each of the following (copies of certifications
must be provided):
Microsoft Certified Business Management Solutions
Specialist
Certified Business Management Solutions Professional
Certified Systems Engineer (MCSE)
Certified Database Administrator (MCDBA)
Certified Solutions Developer (MCSD)
Certified Systems Administrator (MCSA)
Certified Professional Developer (MCPD)
Certified Application Professional (MCAP)
Certified Trainer (MCT) or
Certified Learning Consultant (MCLC)
The LAR must also have at least fifteen (15) members certified through the
Microsoft Sales Certification Training Program to allow for State of Florida
Account Coverage and Microsoft Trained Sales force for selling products.
Copies of the Certificates must be included in the proposal submittal. Failure to
do so may result in proposal rejection.
Reseller must have at least one Microsoft Sales Certified staff member available
Monday through Friday, 8:00 a.m. to 6:00 p.m. EST on weekly basis, except for
State of Florida holidays, to answer phone calls and questions.
Respondents must be a registered vendor in MyFloridaMarketPlace (MFMP) to
do business with the State of Florida. If you are not already a registered vendor,
you may view registration information as well as other pertinent information at:
http://dms.myflorida.com/business_operations/state_purchasing/myflorida_mar
ketplace/vendors/vendor_toolkit/mfmp_vendor_registration
Respondents may create and maintain a MyFloridaMarketPlace (MFMP)
Punch-Out site. If Respondent is not capable of creating a punch-out site,
Respondent must agree to work with MFMP to create a line item catalog in
MFMP through the Aravo tool. See Section 7.10 Punch-Out Capability
Questionnaire for details. See Section 7.16 to view a sample Line-Item
Template and additional information for consideration.
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Respondents shall utilize Electronic Invoicing through MyFloridaMarketPlace.
See Sections 5.13 and 7.11 MyFloridaMarketPlace Electronic Invoicing
Requirements for additional information.
3.5 MyFloridaMarketPlace (MFMP) Overview
MyFloridaMarketPlace is the State of Florida’s online eProcurement system for
buyers and vendors. In operation for more than five years, the system streamlines
interactions between vendors and state government entities, is a source for centralized
procurement activities, and provides the tools to support world-class procurement for
the State of Florida.
3.6 The MFMP Sourcing Tool
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool
(“Sourcing Tool”). Training materials can be found at:
http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm.
Copy link and paste in to web browser to access site!
Download and review the document titled RFP Event User Guide.
a. For all technical questions about the Sourcing Tool, vendors should contact the
MyFloridaMarketPlace Customer Service Desk at (866) FLA-EPRO or
vendorhelp@myfloridamarketplace.com.
b. For additional information / assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at following link:
https://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm.
This site includes:
a. Solicitation User Guides
b. OnDemand web-based Sourcing Tool training link
c. WinZip FAQs
d. Vendor FAQs
3.6.1 Optional MFMP Sourcing Tool Training
An optional conference call training session on how to use the
MyFloridaMarketPlace Sourcing Tool for this ITN is scheduled on the date
indicated on the Event Timeline at 2:00PM ET. The Conference Call number
is (888) 808-6959. Conference Code 4881086.
Please go to:
http://marketplace.myflorida.com/vendor/vendor_solicitation/rfp_event_user_
guide.pps. Please have this document open on your desktop while
participating on the call. To participate in the conference call, please call in to
the number provided approximately 1 minute before the scheduled time.
3.6.2 On-Demand Training
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On-Demand is a web-based interactive training application available to all
respondents to assist in learning how to respond to an event using the
MyFloridaMarketPlace sourcing tool. The link is
http://training.myfloridamarketplace.com/vendor/toc.html click on
Responding to Sourcing Event.
3.7 Sourcing Tool Tips
When working in the Sourcing Tool, be aware of the twenty (20) minute time-out
function (with a two (2) minute warning in the tool. This means that you should save
your work (click the SAVE button) at intervals of less than twenty minutes to ensure
your entries (since last saved) are not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves your
bid responses. The SAVE button does not transmit your bid response to the State.
In order to transmit your bid response to the State, you must click the SUBMIT
button on the SUMMARY page of the bid response.
After clicking the SUBMIT button, it is the Respondents responsibility to check your
submitted bid response within the Sourcing Tool to verify that your response is
accurately and completely captured within the Sourcing Tool. You must do this
while there is time remaining in the response period in case you discover an error and
need to resubmit a revised bid response.
To validate your bid response, you should do the following before the bidding period
ends:
a. Go to the “My Bids / My Responses” tab within Sourcing Tool after you
submitted your bid response
b. Click on the Bid ID number of your last submitted bid response
c. Review entire bid response to make sure all responses are complete, accurate and
as you intended to submit.
Minimum areas to check are:
Text boxes – Is your entire answer viewable?
Yes/No questions – Is the displayed answer correct?
All uploaded document files / scanned documents – Can you open attached
document and clearly view entire content?
Offline electronic backup copy sent to the State (if applicable) - Can you open
attached document and clearly view entire content? Does content of this file
match your bid response within the tool (e.g., not an earlier version or working
copy)?
Pricing Information – Are all prices you intended to submit visible and accurately
captured within Sourcing Tool?
IT IS STRONGLY RECOMMENDED THAT YOU SUBMIT YOUR
BID AS EARLY AS POSSIBLE. YOU SHOULD ALLOW TIME TO
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RECEIVE ANY REQUESTED ASSISTANCE AND TO RECEIVE
VERIFICATION OF YOUR SUBMITTAL; WAITING UNTIL THE
LAST HOURS OF THE SOLICITATION COULD IMPACT THE
TIMELY SUBMITTAL OF YOUR BID.
DO NOT RELY ON THE “MYFLORIDAMARKETPLACE ”
SOURCING TOOL’S TIME REMAINING CLOCK. THE
OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS
REFLECTED IN THE TIMELINE (SECTION 1.4) OF THIS ITN.
The MyFloridaMarketPlace (MFMP) Sourcing Tool’s time remaining clock is NOT
the official submission date and time deadline, it is intended only to approximate the
solicitation closing and may require periodic adjustments
3.8 Email Notification
Respondents are reminded that the Sourcing Tool’s email notifications are an option
provided to respondents as a courtesy. The State of Florida is not under any
obligation to provide, and does not guarantee that respondents will receive, email
notifications concerning any posting, amendment or close of solicitations (ITNs).
Vendors are responsible to check the Sourcing Tool and / or the Vendor Bid
System for information and updates concerning solicitations.
3.9 Submittal of Response.
Respondents shall view and download the documents in the MFMP Sourcing Tool
(http://dms.myflorida.com/egovernment_tools/myflorida_marketplace). Each
Respondent is responsible for ensuring that its response and all associated documents
are submitted before the proper date and time. In the event a Respondent submits
more than one response, only the last response received prior to the response deadline
specified in Section 1.4 shall be considered for award. Other responses will not be
opened. Offers not submitted as indicated in this section shall be rejected.
The Department shall not consider late responses and the MyFloridaMarketPlace
Sourcing Tool will NOT accept responses after the due date and time specified in the
Event Timeline, or as amended by the Department. RESPONSES MUST BE
SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL
BEFORE THE DATE AND TIME SPECIFIED IN THE EVENT TIMELINE.
Failure to provide all requested information within the response package before the
response deadline specified in Section 1.4 may result in rejection of the response.
DO NOT RELY ON THE MFMP SOURCING TOOL’S TIME-REMAINING
CLOCK. The official response deadline shall be as reflected in Section 1.4,
Timeline, of this solicitation. The MFMP Sourcing Tool’s time-remaining clock is
intended only to approximate the solicitation closing, and may require periodic
adjustments.
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3.9.1 Response Format / Instructions
The Respondent shall review this entire ITN, complete the Certifications Table in
Section 3.11, and submit all forms required as part of the Respondent’s bid proposal.
Failure to provide completed documents, forms, or certification documentation may
result in the disqualification of the respondent.
A Respondent shall, in a separate and clearly identified response paragraph(s),
expressly condition or qualify its Response on acceptance or identify any proposed
changes to the terms and conditions outlined in this ITN. To facilitate this process, the
Respondent is required to review Sections 3, 5, and 6 on a provision by provision
basis. The Respondent shall respond in these sections by inserting their response
immediately below the text of each numbered provision and respond to each provision
with one of the following conventions:
a. Agreed
Where the term is acceptable as stated.
b. Modification Proposed
Where Respondent is unable to accept the term as stated but will accept a
modification of the term. Respondent must provide: (1) the reason for its inability
to accept the term as stated and (2) modified language which would be acceptable.
c. Not Agreed
Where the term is completely unacceptable to Respondent and no modification is
possible. Respondent must state the reason such term is unacceptable.
The Department reserves the right to modify, by addition or deletion, terms and
conditions during the negotiation process.
Respondents are reminded that the terms and conditions listed in Sections 2 and 4
will not be negotiated and are required language for all State of Florida Contracts.
Minor clarification within Sections 2 & 4 may be added in Section 3.11 beneath
the Responsiveness Checklist chart.
CERTIFICATION OF ACCEPTANCE FOR THE TERMS AND
CONDITIONS DETAILED IN SECTIONS 2 AND 4 IS TO BE DONE
WITHIN THE TABLE IN SECTION 3.10 OF THIS ITN.
3.10 Amendments to the ITN Documents.
The Department reserves the right to issue amendments to this ITN. Notice of any
amendment will be posted within the MFMP Sourcing Tool and the Vendor Bid
System (VBS). Such notice, if required, will contain the appropriate details for
identifying and/or reviewing the formal changes to this ITN. Each Respondent is
responsible for monitoring the sites for new or changing information concerning this
ITN.
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3.11 Initial Determination of Responsiveness
The Department shall evaluate eligible (“responsible and responsive”) responses.
Responses that do not meet the minimum requirements of this solicitation; or fail to
provide all required information, documents, or materials may be rejected as non-
responsive. Respondents whose responses, past performance, or current status with
the State do not reflect the capability, integrity or reliability to fully, and in good
faith, perform the requirements of the Contract, may be rejected as non-responsible.
The Department reserves the right to determine which responses meet the
requirements of this solicitation, and which Respondents are responsive and
responsible. This paragraph is in addition to, and shall not be construed to limit
or override, any right or remedy available to the Department in, Section 2.0,
PUR 1001, or Section 4.0 PUR 1000.
Failure to comply with each of the requirements listed below may result in the
response being deemed non-responsive and therefore may not receive further
consideration in this ITN process. This includes, but is not limited to the following:
Initial Responsiveness Checklist
1. Did the Respondent submit its reply before the indicated deadline?
2. Is Respondent a Certified Large Account Reseller for Microsoft software
Products and has provided documentation?
3. Did the Respondent submit a detailed pricing structure indicating the
minimum percentage discount?
4. Did the Respondent submit a Supplier Qualifier Report (SQR) from Dun &
Bradstreet (D&B)? (See Section 3.12.)
5. Has the Respondent met the requirement for having no Conflicts of Interest?
(See Section 2.6.)
6. Does the Respondent comply with the requirement for not being placed on
the Convicted Vendor list for committing a public entity crime within the
last 36 months? (See Section 2.7.)
7. Does the Respondent comply with the requirement for not being placed on
the Discriminatory Vendor List per Section 287.134, F.S.? (See Section
2.8.)
8. Did Respondent provide a completed copy of the Vendor Responsibility
Form and receive a passing score?
Please certify that your Response conforms to each of the following
requirements by responding with either a “Yes” or “No” in the blocks and
submit the completed WORD Document in the MyFloridaMarketPlace
Sourcing Tool.
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Certifications
YES NO
1. Does the Respondent certify acceptance and compliance with
all of the Terms and Conditions detailed in Section 2 (PUR1001) of
the ITN document?
2. Does the Respondent certify acceptance and compliance with
all of the Terms and Conditions detailed in Section 4 (PUR1000) of
the ITN document?
3. Has the Respondent completed pricing worksheets as noted in
Section 7.1 of the ITN Document?
4. Respondent is a Certified Large Account Reseller for the
Microsoft Software Products and has provided documentation to
verify such certification?
5. Respondent is a registered vendor in MFMP and is eligible to
do business with the State of Florida?
6. Respondent is capable of creating and maintaining an MFMP
punch-out site.
7. If Respondent is not capable of creating an MFMP punch-out
site, Respondent agrees to work with MFMP to create a line-item
catalog in MFMP through the Aravo tool.
8. Respondent is fully capable of providing electronic invoicing
through MyFloridaMarketPlace.
9. Respondent certifies that they will accept the State of Florida’s
Purchasing Card.
* Respondents must provide an explanation for any “No” answer indicated
above.
3.12 Evaluation and Selection Process
Evaluation will consist of the review and assessment of the Respondents’ submittals.
While award will mainly be based upon the best price, the Department reserves the
right to invite top scoring respondents to negotiate their offerings and proposed
pricing.
All areas of evaluation listed in the table below are to be addressed by the Respondent
in its submittal.
Proposals that are substantially incomplete or lack key information may be rejected as
non-responsive by the Department, at its discretion. Responses should be concise,
summarizing the Respondent’s pertinent experience and capabilities. Emphasis
should be placed on completeness and clarity. Responses that do not provide
sufficient content or satisfactory information, as requested in this ITN document, may
receive lower scores. Points will be assigned to all categories (see table, below, for
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point-allocation per category) and then totaled in order to determine each
Respondent’s ranking:
Evaluation Category Maximum
Possible Pts.
Vendor Responsiveness Pass/Fail
Vendor Responsibility Pass/Fail
Section 1 – Respondent is a LAR Pass/Fail
Section 2 – PUR 1001 Agree/Disagree
Section 3 – Financials 24
Section 3 – Vendor Certifications 100
Section 4 – PUR 1000 Agree/Disagree
Section 5 – Special Contract Conditions 75
Section 5 - Track record of Vendor in meeting
commitments (verified through references and
vendor performance tracking within MFMP)
50
Section 6 – Technical Specifications 60
Section 7 – Pricing Models, Strategies and
Commitments proposed
140
Section 7 – Vendor Responsibility Questionnaire Pass/Fail
Total Points Possible: 449 pts.
All evaluation categories will be scored with each response having the opportunity to
achieve the maximum total point allocation indicated.
Financials (Supplier Qualifier Report):
Each Respondent is required to provide information regarding its “Financial and
Industry Standing and Strength” in order to demonstrate that it is financially stable, in
good standing with creditors and manufacturers, and has the resources necessary to
perform the services outlined in this ITN on a state-wide basis. The State requires
each Respondent to provide a Supplier Qualifier Report (SQR) prepared by Dun &
Bradstreet (D&B), in accordance with the instructions below. The SQR is a standard
report that details financial and operational capabilities. This report must be submitted
to the Department prior to the proposal opening date and time. Each Respondent
will be responsible for the cost and timely submission of this report. Each Respondent
will be assigned points during the evaluation phase of the solicitation based on the
D&B score.
The prospective Contractor will request the SQR from D&B at:
https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gj
k4x
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1. Enter the ITN number in the text field entitled “Enter your RFP Number” and
select “Submit.”
2. Enter your company’s Duns Number. (If you don’t know your company’s
Duns number, you may use the search feature to find it.)
3. Confirm Registration
4. Enter payment method and information and complete registration. The cost of
the preparation of the D&B report shall be the responsibility of the Respondent.
Respondents are advised to allow a minimum of ten (10) business days for D&B to
process a report request. If the Department does not receive an SQR from D&B prior
to the opening date and time of the solicitation but one is submitted as part of a
Respondent’s Response, the Respondent shall be required to demonstrate that it
requested the SQR after the posting date of the ITN and that the SQR was requested
for this particular solicitation. Once the process is complete, a copy of the report will
be provided to the Department and an identical report will be sent to the Respondent.
If the Department does not receive a report or cannot determine on the face of the
document that the SQR is that of the proposing entity, then the Department will
instruct the Evaluation Team to award zero points to that company for that evaluation
category. It is the responsibility of the Respondent to ensure the timely submission
of a D&B report to the Department prior to the opening date of the proposals. The
Department will use the financial scoring scale below when evaluating and scoring
the financial viability of the prospective Contractors.
Financial Scoring Scale:
SQR
Risk
Score
Points
Assigned
1 Lowest Risk Rating 24.0
2 21.0
3 18.0
4 15.0
5 12.0
6 9.0
7 6.0
8 3.0
9 Highest Risk Rating 0.0
3.13 Invitation to Negotiation Phase.
The Department shall evaluate and rank responsive responses against all evaluation
criteria set forth in the Invitation to Negotiate and shall select, based on the ranking,
one or more Respondents with which to commence negotiations. Invitations to the
negotiations will be posted in the MFMP Sourcing Tool and in the Vendor Bid System
(VBS). Email will be sent to each selected Respondent’s contact person.
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3.14 Negotiations and Contract Award.
The Department, at its discretion, may require Respondents to make formal
presentations of their responses.
The Department reserves the right to finalize the negotiations at any point and post a
notice of Intent to Award. Respondents should recognize the Department’s right to
finalize the negotiation process without the need to explicitly request a revised final
offer after negotiations.
After negotiations are conducted, the Department shall award the Contract to a single
responsible and responsive Respondent whose product(s) and prices the Department
determines will provide the best value to the State.
3.15 Electronic Posting of Ranking of Respondents prior to Negotiations and upon
Final Award.
Offers shall be opened on the date and time indicated in Section 1.4 on the Event
Timeline (“Timeline”), and thereafter evaluated. Prices will not be read, pursuant to
Section 119.071(1) (b) 2.a.of the Florida Statutes. After evaluating the responses, on
the date indicated on the Timeline, the Department shall electronically post the
rankings in the MFMP Sourcing Tool.
After negotiations, on the date indicated on the Timeline, the Department shall
electronically post a notice of intent to award. If the ranking or award is delayed, in
lieu of posting it on the date indicated on the Timeline, the Department shall post a
notice of the delay and a revised date for posting the ranking or notice of intent to
award. Any person who is adversely affected by the decision shall file with the
Department a notice of protest within 72 hours after the electronic posting (see Section
2.20 of the General Instructions (PUR 1001) for more information on protests). The
Department shall not provide reply rankings or notices of award by telephone.
3.16 State Objectives.
Within thirty (30) calendar days following award of the Contract, the successful
Respondent shall submit plans addressing each of the State’s five (5) objectives listed
below, to the extent applicable to the items / services covered by this solicitation.
3.16.1 Diversity.
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority-, women-, and service-
disabled veteran business enterprises in the economic life of the state. The State
of Florida Mentor Protégé Program connects minority-, women-, and service-
disabled veteran business enterprises with private corporations for business
development mentoring. We strongly encourage firms doing business with the
State of Florida to consider this initiative. For more information on the Mentor
Protégé Program, please contact the Office of Supplier Diversity at (850) 487-
0915.
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The state is dedicated to fostering the continued development and economic
growth of small, minority-, women-, and service-disabled veteran business
enterprises. Participation by a diverse group of Vendors doing business with the
state is central to this effort. To this end, it is vital that small, minority-, women-,
and service-disabled veteran business enterprises participate in the state’s
procurement process as both Contractors and sub- contractors in this solicitation.
Small, minority-, women-, and service-disabled veteran business enterprises are
strongly encouraged to contribute to this solicitation.
The Contractor shall submit documentation addressing diversity and describing
the efforts being made to encourage the participation of small, minority-, women-,
and service-disabled veteran business enterprises
Information on Certified Minority Business Enterprises (CMBE) and Certified
Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the
Office of Supplier Diversity at:
http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.
Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE
contractors (agents or subcontractors) as a result of any award shall be provided to
the Agency Purchasing Office by the Prime Contractor on an Agency by Agency
(or other eligible user) level.
3.16.2 Certification of Drug-Free Workplace Program.
The State supports and encourages initiatives to keep the workplaces of Florida’s
Suppliers and Prime Contractors drug free. Section 287.087 of the Florida
Statutes provides that, where identical tie responses are received, preference shall
be given to a response received from a Respondent that certifies it has
implemented a drug-free workforce program. If applicable, Respondent shall
certify that the Respondent has a drug-free workplace program using the
“Certification of Drug-Free Workplace” as provided in Sourcing Tool for this
solicitation. The Prime Contractor shall describe how it will address the
implementation of a drug free workplace in offering the items of the solicitation.
Certification shall be submitted (in the Sourcing Tool) using the form in Section
7.5.
3.16.3 Products Available from the Blind or Other Handicapped (RESPECT).
The State supports and encourages the gainful employment of citizens with
disabilities. It is expressly understood and agreed that any articles that are the
subject of, or required to carry out, this Contract shall be purchased from a
nonprofit agency for the blind or for the severely handicapped that is qualified
pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for
purposes of this Contract the person, firm, or other business entity carrying out
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the provisions of this Contract shall be deemed to be substituted for the state
agency insofar as dealings with such qualified nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it
offers is available at http://www.respectofflorida.org.
The Respondent shall describe how it will address the use of RESPECT in
offering the items of the solicitation.
3.16.4 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
The State supports and encourages the use of Florida correctional work programs.
It is expressly understood and agreed that any articles which are the subject of, or
required to carry out, this Contract shall be purchased from the corporation
identified under Chapter 946, F.S., in the same manner and under the same
procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of
this Contract shall be deemed to be substituted for this agency insofar as dealings
with such corporation are concerned. Additional information about PRIDE and
the products it offers is available at http://www.pridefl.com.
The Prime Contractor shall describe how it will address the use of PRIDE in
offering the items of the solicitation.
3.17 Firm Response.
The Department may make an award within one hundred eighty (180) days after the
date of the opening, during which period responses shall remain firm and shall not be
withdrawn. If award is not made within one hundred eighty (180), the response shall
remain firm until either the Department awards the Contract or the Department
receives from the Respondent written notice that the response is withdrawn. Any
response that expresses a shorter duration may, in the Buyer's sole discretion, be
accepted or rejected.
3.18 Lobbying.
The Service Provider or Respondent shall not lobby the legislative, judicial, or
executive branches, or any State Agency about any aspect of this Contract during the
procurement process (i.e. from the time the Contract is advertised to the execution of
the Contract) associated with the Contract. Violation of this restriction may be cause
for disqualification from the procurement process.
Respondents are advised that the following will be included in the Contract for these
services:
In accordance with Section 216.347, Florida Statutes, and as provided herein, the
Service Provider or Contractor may not expend any State funds for the purpose of
lobbying the legislature, the judicial branch, the executive branch, or any State
Agency.
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SECTION 4.0
GENERAL CONTRACT CONDITIONS, STATE OF FLORIDA FORM PUR 1000
Contents
4.1 Definitions.
4.2 Purchase Orders.
4.3 Product Version.
4.4 Price Changes Applicable only to Term Contracts.
4.5 Additional Quantities.
4.6 Packaging.
4.7 Inspection at Contractor’s Site.
4.8 Safety Standards.
4.9 Americans with Disabilities Act.
4.10 Literature.
4.11 Transportation and Delivery.
4.12 Installation.
4.13 Risk of Loss.
4.14 Transaction Fee.
4.15 Invoicing and Payment.
4.16 Taxes.
4.17 Governmental Restrictions.
4.18 Lobbying and Integrity.
4.19 Indemnification.
4.20 Limitation of Liability.
4.21 Suspension of Work.
4.22 Termination for Convenience.
4.23 Termination for Cause.
4.24 Force Majeure, Notice of Delay, and No Damages for Delay.
4.25 Changes.
4.26 Renewal.
4.27 Purchase Order Duration.
4.28 Advertising.
4.29 Assignment.
4.30 Antitrust Assignment
4.31 Dispute Resolution.
4.32 Employees, Subcontractors, and Agents.
4.33 Security and Confidentiality.
4.34 Contractor Employees, Subcontractors, and Other Agents.
4.35 Insurance Requirements.
4.36 Warranty of Authority.
4.37 Warranty of Ability to Perform.
4.38 38. Notices.
4.39 Leases and Installment Purchases.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
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4.41 Products Available from the Blind or Other Handicapped.
4.42 Modification of Terms.
4.43 Cooperative Purchasing.
4.44 Waiver.
4.45 Annual Appropriations.
4.46 Execution in Counterparts.
4.47 Severability.
1. Definitions.
The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The
following additional terms are also defined:
(a) “Contract” means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
(b) “Customer” means the State agency or other entity identified in a contract as the
party to receive commodities or contractual services pursuant to a contract or that
orders commodities or contractual services via purchase order or other contractual
instrument from the Contractor under the Contract. The “Customer” may also be the
“Buyer” as defined in the PUR 1001 if it meets the definition of both terms.
(c) “Product” means any deliverable under the Contract, which may include
commodities, services, technology or software.
(d) “Purchase order” means the form or format a Customer uses to make a purchase
under the Contract (e.g., a formal written purchase order, electronic purchase order,
procurement card, contract or other authorized means).
2. Purchase Orders.
In contracts where commodities or services are ordered by the Customer via purchase
order, Contractor shall not deliver or furnish products until a Customer transmits a
purchase order. All purchase orders shall bear the Contract or solicitation number, shall
be placed by the Customer directly with the Contractor, and shall be deemed to
incorporate by reference the Contract and solicitation terms and conditions. Any
discrepancy between the Contract terms and the terms stated on the Contractor’s order
form, confirmation, or acknowledgement shall be resolved in favor of terms most
favorable to the Customer. A purchase order for services within the ambit of section
287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the
requirements of subparagraphs (a) through (f) thereof. Customers shall designate a
contract manager and a contract administrator as required by subsections 287.057(15) and
(16) of the Florida Statutes.
3. Product Version.
Purchase orders shall be deemed to reference a manufacturer’s most recently release
model or version of the product at the time of the order, unless the Customer specifically
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requests in writing an earlier model or version and the contractor is willing to provide
such model or version.
4. Price Changes Applicable only to Term Contracts.
If this is a term contract for commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time
delivery of large single orders. Customers should seek to negotiate additional price
concessions on quantity purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of
better pricing offered by the Contractor for substantially the same or a smaller
quantity of a product outside the Contract, but upon the same or similar terms of the
Contract, then at the discretion of the Customer the price under the Contract shall be
immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term
due to a change in market conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period. A Contractor shall submit to
the Contract Specialist documentation identifying the proposed (1) starting and ending
dates of the promotion, (2) products involved, and (3) promotional prices compared to
then-authorized prices. Promotional prices shall be available to all Customers. Upon
approval, the Contractor shall provide conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the
Contract. A trade-in shall be negotiated between the Customer and the Contractor.
Customers are obligated to actively seek current fair market value when trading
equipment, and to keep accurate records of the process. For State agencies, it may be
necessary to provide documentation to the Department of Financial Services and to
the agency property custodian pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable
adjustment in the Contract terms or pricing if pricing or availability of supply is
affected by extreme and unforeseen volatility in the marketplace, that is, by
circumstances that satisfy all the following criteria: (1) the volatility is due to causes
wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or
industry, not just the particular Contract source of supply, (3) the effect on pricing or
availability of supply is substantial, and (4) the volatility so affects the Contractor that
continued performance of the Contract would result in a substantial loss.
5. Additional Quantities.
For a period not exceeding ninety (90) days from the date of solicitation award, the
Customer reserves the right to acquire additional quantities up to the amount shown on
the solicitation but not to exceed the threshold for Category Two at the prices submitted
in the response to the solicitation.
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6. Packaging.
Tangible product shall be securely and properly packed for shipment, storage, and
stocking in appropriate, clearly labeled, shipping containers and according to accepted
commercial practice, without extra charge for packing materials, cases, or other types of
containers. All containers and packaging shall become and remain Customer’s property.
7. Inspection at Contractor’s Site.
The Customer reserves the right to inspect, at any reasonable time with prior notice, the
equipment or product or plant or other facilities of a Contractor to assess conformity with
Contract requirements and to determine whether they are adequate and suitable for proper
and effective Contract performance.
8. Safety Standards.
All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a
manufactured, natural, or LP gas source shall be constructed and approved in a manner
acceptable to the appropriate State inspector. Acceptability customarily requires, at a
minimum, identification marking of the appropriate safety standard organization, where
such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure
vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’
Association for electrically operated assemblies; and the American Gas Association for
gas-operated assemblies. In addition, all items furnished shall meet all applicable
requirements of the Occupational Safety and Health Act and state and federal
requirements relating to clean air and water pollution.
9. Americans with Disabilities Act.
Contractors should identify any products that may be used or adapted for use by visually,
hearing, or other physically impaired individuals.
10. Literature.
Upon request, the Contractor shall furnish literature reasonably related to the product
offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
11. Transportation and Delivery.
Prices shall include all charges for packing, handling, freight, distribution, and inside
delivery. Transportation of goods shall be FOB Destination to any point within thirty
(30) days after the Customer places an Order. A Contractor, within five (5) days after
receiving a purchase order, shall notify the Customer of any potential delivery delays.
Evidence of inability or intentional delays shall be cause for Contract cancellation and
Contractor suspension.
12. Installation.
Where installation is required, Contractor shall be responsible for placing and installing
the product in the required locations at no additional charge, unless otherwise designated
on the Contract or purchase order. Contractor’s authorized product and price list shall
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clearly and separately identify any additional installation charges. All materials used in
the installation shall be of good quality and shall be free of defects that would diminish
the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to
install or replace the product in the proper location. Contractor shall protect the site
from damage and shall repair damages or injury caused during installation by Contractor
or its employees or agents. If any alteration, dismantling, excavation, etc., is required to
achieve installation, the Contractor shall promptly restore the structure or site to its
original condition. Contractor shall perform installation work so as to cause the least
inconvenience and interference with Customers and with proper consideration of others
on site. Upon completion of the installation, the location and surrounding area of work
shall be left clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
13. Risk of Loss.
Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance,
risk of loss or damage shall remain with the Contractor. The Contractor shall be
responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer shall: record any evidence of visible
damage on all copies of the delivering carrier’s Bill of Lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of
Lading and damage inspection report. When a Customer rejects a product, Contractor
shall remove it from the premises within ten days after notification or rejection. Upon
rejection notification, the risk of loss of rejected or non-conforming product shall remain
with the Contractor. Rejected product not removed by the Contractor within ten days
shall be deemed abandoned by the Contractor, and the Customer shall have the right to
dispose of it as its own property. Contractor shall reimburse the Customer for costs and
expenses incurred in storing or effecting removal or disposition of rejected product.
14. Transaction Fee.
The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement
System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all
payments shall be assessed a Transaction Fee of one percent (1.0%), which the
Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the
Transaction Fee shall, when possible, be automatically deducted from payments to the
Contractor. If automatic deduction is not possible, the Contractor shall pay the
Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports
and corresponding payments, Contractor certifies their correctness. All such reports and
payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the
purchase of any item(s) if such item(s) are returned to the Contractor through no fault,
act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is
non-refundable when an item is rejected or returned, or declined, due to the Contractor’s
failure to perform or comply with specifications or requirements of the agreement.
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Failure to comply with these requirements shall constitute grounds for declaring the
Contractor in default and recovering reprocurement costs from the Contractor in
addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING
TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE
DEPARTMENT OF MANAGEMENT SERVICES’ VENDOR LIST AS
PROVIDED IN RULE 60A-1.006, F.A.C.
15. Invoicing and Payment.
Invoices shall contain the Contract number, purchase order number if applicable, and the
appropriate vendor identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any purchase order placed
under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices for those
transactions processed through the system. Electronic invoices shall be submitted to the
Customer through the Ariba Supplier Network (ASN) in one of the following
mechanisms – EDI 810, cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be
returned to a Contractor due to preparation errors will result in a delay in payment.
Contractors may call (850) 413-7269 Monday through Friday to inquire about the status
of payments by State Agencies. The Customer is responsible for all payments under the
Contract. A Customer’s failure to pay, or delay in payment, shall not constitute a breach
of the Contract and shall not relieve the Contractor of its obligations to the Department
or to other Customers.
16. Taxes.
The State does not pay Federal excise or sales taxes on direct purchases of tangible
personal property. The State will not pay for any personal property taxes levied on the
Contractor or for any taxes levied on employees’ wages. Any exceptions to this
paragraph shall be explicitly noted by the Customer in the special contract conditions
section of the solicitation or in the Contract or purchase order.
17. Governmental Restrictions.
If the Contractor believes that any governmental restrictions have been imposed that
require alteration of the material, quality, workmanship or performance of the products
offered under the Contract, the Contractor shall immediately notify the Customer in
writing, indicating the specific restriction. The Customer reserves the right and the
complete discretion to accept any such alteration or to cancel the Contract at no further
expense to the Customer.
18. Lobbying and Integrity.
Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.
The Contractor shall not, in connection with this or any other agreement with the State,
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directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
anyone as consideration for any State officer or employee’s decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal duty,
or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the
direction or request of, any State officer or employee. For purposes of clause (2),
“gratuity” means any payment of more than nominal monetary value in the form of cash,
travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of
money, services, employment, or contracts of any kind. Upon request of the Customer’s
Inspector General, or other authorized State official, the Contractor shall provide any
type of information the Inspector General deems relevant to the Contractor’s integrity or
responsibility. Such information may include, but shall not be limited to, the
Contractor’s business or financial records, documents, or files of any type or form that
refer to or relate to the Contract. The Contractor shall retain such records for the longer
of (1) three years after the expiration of the Contract or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to
reimburse the State for the reasonable costs of investigation incurred by the Inspector
General or other authorized State official for investigations of the Contractor’s
compliance with the terms of this or any other agreement between the Contractor and the
State which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime; travel
and lodging expenses; and expert witness and documentary fees. The Contractor shall
not be responsible for any costs of investigations that do not result in the Contractor’s
suspension or debarment.
19. Indemnification.
The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and
Customers, and their officers, agents, and employees, from suits, actions, damages, and
costs of every name and description, including attorneys’ fees, arising from or relating to
personal injury and damage to real or personal tangible property alleged to be caused in
whole or in part by Contractor, its agents, employees, partners, or subcontractors,
provided, however, that the Contractor shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys’ fees, arising from or relating to violation or infringement of a
trademark, copyright, patent, trade secret or intellectual property right, provided,
however, that the foregoing obligation shall not apply to a Customer’s misuse or
modification of Contractor’s products or a Customer’s operation or use of Contractor’s
products in a manner not contemplated by the Contract or the purchase order. If any
product is the subject of an infringement suit, or in the Contractor’s opinion is likely to
become the subject of such a suit, the Contractor may at its sole expense procure for the
Customer the right to continue using the product or to modify it to become non-
infringing. If the Contractor is not reasonably able to modify or otherwise secure the
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Customer the right to continue using the product, the Contractor shall remove the
product and refund the Customer the amounts paid in excess of a reasonable rental for
past use. The customer shall not be liable for any royalties.
The Contractor’s obligations under the preceding two paragraphs with respect to any
legal action are contingent upon the State or Customer giving the Contractor (1) written
notice of any action or threatened action, (2) the opportunity to take over and settle or
defend any such action at Contractor’s sole expense, and (3) assistance in defending the
action at Contractor’s sole expense. The Contractor shall not be liable for any cost,
expense, or compromise incurred or made by the State or Customer in any legal action
without the Contractor’s prior written consent, which shall not be unreasonably
withheld.
20. Limitation of Liability.
For all claims against the Contractor under any contract or purchase order, and
regardless of the basis on which the claim is made, the Contractor’s liability under a
contract or purchase order for direct damages shall be limited to the greater of $100,000,
the dollar amount of the contract or purchase order, or two times the charges rendered by
the Contractor under the purchase order. This limitation shall not apply to claims arising
under the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no
party shall be liable to another for special, indirect, punitive, or consequential damages,
including lost data or records (unless the contract or purchase order requires the
Contractor to back-up data or records), even if the party has been advised that such
damages are possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other
remedies available to them at law or equity and upon notice to the Contractor, retain
such monies from amounts due Contractor as may be necessary to satisfy any claim for
damages, penalties, costs and the like asserted by or against them. The State may set off
any liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
21. Suspension of Work.
The Customer may in its sole discretion suspend any or all activities under the Contract
or purchase order, at any time, when in the best interests of the State to do so. The
Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but are not limited to,
budgetary constraints, declaration of emergency, or other such circumstances. After
receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer period agreed to by the
Contractor, the Customer shall either (1) issue a notice authorizing resumption of work,
at which time activity shall resume, or (2) terminate the Contract or purchase order.
Suspension of work shall not entitle the Contractor to any additional compensation.
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22. Termination for Convenience.
The Customer, by written notice to the Contractor, may terminate the Contract in whole
or in part when the Customer determines in its sole discretion that it is in the State’s
interest to do so. The Contractor shall not furnish any product after it receives the notice
of termination, except as necessary to complete the continued portion of the Contract, if
any. The Contractor shall not be entitled to recover any cancellation charges or lost
profits.
23. Termination for Cause.
The Customer may terminate the Contract if the Contractor fails to (1) deliver the
product within the time specified in the Contract or any extension, (2) maintain adequate
progress, thus endangering performance of the Contract, (3) honor any term of the
Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-
1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor
shall continue work on any work not terminated. Except for defaults of subcontractors
at any tier, the Contractor shall not be liable for any excess costs if the failure to perform
the Contract arises from events completely beyond the control, and without the fault or
negligence, of the Contractor. If the failure to perform is caused by the default of a
subcontractor at any tier, and if the cause of the default is completely beyond the control
of both the Contractor and the subcontractor, and without the fault or negligence of
either, the Contractor shall not be liable for any excess costs for failure to perform,
unless the subcontracted products were obtainable from other sources in sufficient time
for the Contractor to meet the required delivery schedule. If, after termination, it is
determined that the Contractor was not in default, or that the default was excusable, the
rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Customer. The rights and remedies of the Customer in
this clause are in addition to any other rights and remedies provided by law or under the
Contract.
24. Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor shall not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay and the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s
control, or for any of the foregoing that affect subcontractors or suppliers if no alternate
source of supply is available to the Contractor. In case of any delay the Contractor
believes is excusable, the Contractor shall notify the Customer in writing of the delay or
potential delay and describe the cause of the delay either (1) within ten (10) days after
the cause that creates or will create the delay first arose, if the Contractor could
reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably
foreseeable, within five (5) days after the date the Contractor first had reason to believe
that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.
Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. No claim for damages, other than for an extension of time, shall be asserted
against the Customer. The Contractor shall not be entitled to an increase in the Contract
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price or payment of any kind from the Customer for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole
or in part, due to any of the causes described in this paragraph, after the causes have
ceased to exist the Contractor shall perform at no increased cost, unless the Customer
determines, in its sole discretion, that the delay will significantly impair the value of the
Contract to the State or to Customers, in which case the Customer may (1) accept
allocated performance or deliveries from the Contractor, provided that the Contractor
grants preferential treatment to Customers with respect to products subjected to
allocation, or (2) purchase from other sources (without recourse to and by the Contractor
for the related costs and expenses) to replace all or part of the products that are the
subject of the delay, which purchases may be deducted from the Contract quantity, or (3)
terminate the Contract in whole or in part.
25. Changes.
The Customer may unilaterally require, by written order, changes altering, adding to, or
deducting from the Contract specifications, provided that such changes are within the
general scope of the Contract. The Customer may make an equitable adjustment in the
Contract price or delivery date if the change affects the cost or time of performance.
Such equitable adjustments require the written consent of the Contractor, which shall not
be unreasonably withheld. If unusual quantity requirements arise, the Customer may
solicit separate bids to satisfy them.
26. Renewal.
Upon mutual agreement, the Customer and the Contractor may renew the Contract, in
whole or in part, for a period that may not exceed 3 years or the term of the contract,
whichever period is longer. Any renewal shall specify the renewal price, as set forth in
the solicitation response. The renewal must be in writing and signed by both parties, and
is contingent upon satisfactory performance evaluations and subject to availability of
funds.
27. Purchase Order Duration.
Purchase orders issued pursuant to a state term or agency contract must be received by
the Contractor no later than close of business on the last day of the contract’s term to be
considered timely. The Contractor is obliged to fill those orders in accordance with the
contract’s terms and conditions. Purchase orders received by the contractor after close
of business on the last day of the state term or agency contract’s term shall be considered
void.
Purchase orders for a one-time delivery of commodities or performance of contractual
services shall be valid through the performance by the Contractor, and all terms and
conditions of the state term or agency contract shall apply to the single
delivery/performance, and shall survive the termination of the Contract.
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Contractors are required to accept purchase orders specifying delivery schedules
exceeding the contracted schedule even when such extended delivery will occur after
expiration of the state term or agency contract. For example, if a state term contract
calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery
will occur both in excess of 30 days ARO and after expiration of the state term contract,
the Contractor will accept the order. However, if the Contractor expressly and in writing
notifies the ordering office within ten (10) calendar days of receipt of the purchase order
that Contractor will not accept the extended delivery terms beyond the expiration of the
state term contract, then the purchase order will either be amended in writing by the
ordering entity within ten (10) calendar days of receipt of the contractor’s notice to
reflect the state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance
of services shall not exceed the expiration of the state term or agency contract by more
than twelve months. However, if an extended pricing plan offered in the state term or
agency contract is selected by the ordering entity, the contract terms on pricing plans
and renewals shall govern the maximum duration of purchase orders reflecting such
pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by
the Contractor, and all terms and conditions of the state term or agency contract shall
apply to the recurring delivery/performance as provided herein, and shall survive the
termination of the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or
agency contract if the underlying contract expires prior to the effective date of the
renewal.
28. Advertising.
Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate
any information concerning the Contract without prior written approval from the
Customer, including, but not limited to mentioning the Contract in a press release or
other promotional material, identifying the Customer or the State as a reference, or
otherwise linking the Contractor’s name and either a description of the Contract or the
name of the State or the Customer in any material published, either in print or
electronically, to any entity that is not a party to Contract, except potential or actual
authorized distributors, dealers, resellers, or service representative.
29. Assignment.
The Contractor shall not sell, assign or transfer any of its rights, duties or obligations
under the Contract, or under any purchase order issued pursuant to the Contract, without
the prior written consent of the Customer. In the event of any assignment, the Contractor
remains secondarily liable for performance of the contract, unless the Customer
expressly waives such secondary liability. The Customer may assign the Contract with
prior written notice to Contractor of its intent to do so.
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30. Antitrust Assignment.
The Contractor and the State of Florida recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the State of
Florida. Therefore, the contractor hereby assigns to the State of Florida any and all
claims for such overcharges as to goods, materials or services purchased in connection
with the Contract.
31. Dispute Resolution.
Any dispute concerning performance of the Contract shall be decided by the Customer's
designated contract manager, who shall reduce the decision to writing and serve a copy
on the Contractor. The decision shall be final and conclusive unless within twenty one
(21) days from the date of receipt, the Contractor files with the Customer a petition for
administrative hearing. The Customer’s decision on the petition shall be final, subject to
the Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes.
Exhaustion of administrative remedies is an absolute condition precedent to the
Contractor's ability to pursue any other form of dispute resolution; provided, however,
that the parties may employ the alternative dispute resolution procedures outlined in
Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that
arises out of or relates to the Contract shall be the appropriate state court in Leon
County, Florida; in any such action, Florida law shall apply and the parties waive any
right to jury trial.
32. Employees, Subcontractors, and Agents.
All Contractor employees, subcontractors, or agents performing work under the Contract
shall be properly trained technicians who meet or exceed any specified training
qualifications. Upon request, Contractor shall furnish a copy of technical certification or
other proof of qualification. All employees, subcontractors, or agents performing work
under the Contract must comply with all security and administrative requirements of the
Customer and shall comply with all controlling laws and regulations relevant to the
services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent furnished by the Contractor. The State may refuse
access to, or require replacement of, any personnel for cause, including, but not limited
to, technical or training qualifications, quality of work, change in security status, or non-
compliance with a Customer’s security or other requirements. Such approval shall not
relieve the Contractor of its obligation to perform all work in compliance with the
Contract. The State may reject and bar from any facility for cause any of the
Contractor’s employees, subcontractors, or agents.
33. Security and Confidentiality.
The Contractor shall comply fully with all security procedures of the United States, State
of Florida and Customer in performance of the Contract. The Contractor shall not
divulge to third parties any confidential information obtained by the Contractor or its
agents, distributors, resellers, subcontractors, officers or employees in the course of
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performing Contract work, including, but not limited to, security procedures, business
operations information, or commercial proprietary information in the possession of the
State or Customer. The Contractor shall not be required to keep confidential
information or material that is publicly available through no fault of the Contractor,
material that the Contractor developed independently without relying on the State’s or
Customer’s confidential information, or material that is otherwise obtainable under State
law as a public record. To insure confidentiality, the Contractor shall take appropriate
steps as to its personnel, agents, and subcontractors. The warranties of this paragraph
shall survive the Contract.
34. Contractor Employees, Subcontractors, and Other Agents.
The Customer and the State shall take all actions necessary to ensure that Contractor's
employees, subcontractors and other agents are not employees of the State of Florida.
Such actions include, but are not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary insurance (health,
workers' compensations, and unemployment) from an employer other than the State of
Florida.
35. Insurance Requirements.
During the Contract term, the Contractor at its sole expense shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated
with the Contract. Providing and maintaining adequate insurance coverage is a material
obligation of the Contractor. Upon request, the Contractor shall provide certificate of
insurance. The limits of coverage under each policy maintained by the Contractor shall not
be interpreted as limiting the Contractor’s liability and obligations under the Contract. All
insurance policies shall be through insurers authorized or eligible to write policies in
Florida.
36. Warranty of Authority.
Each person signing the Contract warrants that he or she is duly authorized to do so and
to bind the respective party to the Contract.
37. Warranty of Ability to Perform.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the convicted vendor list maintained pursuant to section 287.133 of the Florida
Statutes, or on any similar list maintained by any other state or the federal government.
The Contractor shall immediately notify the Customer in writing if its ability to perform
is compromised in any manner during the term of the Contract.
38. Notices.
All notices required under the Contract shall be delivered by certified mail, return
receipt requested, by reputable air courier service, or by personal delivery to the agency
designee identified in the original solicitation, or as otherwise identified by the
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Customer. Notices to the Contractor shall be delivered to the person who signs the
Contract. Either designated recipient may notify the other, in writing, if someone else is
designated to receive notice.
39. Leases and Installment Purchases.
Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is
required for State agencies to enter into or to extend any lease or installment-purchase
agreement in excess of the Category Two amount established by section 287.017 of the
Florida Statutes.
40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Section 946.515(2), F.S. requires the following statement to be included in the
solicitation: "It is expressly understood and agreed that any articles which are the subject
of, or required to carry out, the Contract shall be purchased from the corporation
identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and
under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes;
and for purposes of the Contract the person, firm, or other business entity carrying out
the provisions of the Contract shall be deemed to be substituted for the agency insofar as
dealings with such corporation are concerned." Additional information about PRIDE and
the products it offers is available at http://www.pridefl.com.
41. Products Available from the Blind or Other Handicapped.
Section 413.036(3), F.S. requires the following statement to be included in the
solicitation: "It is expressly understood and agreed that any articles that are the subject
of, or required to carry out, this contract shall be purchased from a nonprofit agency for
the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413,
Florida Statutes, in the same manner and under the same procedures set forth in section
413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm,
or other business entity carrying out the provisions of this contract shall be deemed to be
substituted for the State agency insofar as dealings with such qualified nonprofit agency
are concerned." Additional information about the designated nonprofit agency and the
products it offers is available at http://www.respectofflorida.org.
42. Modification of Terms.
The Contract contains all the terms and conditions agreed upon by the parties, which
terms and conditions shall govern all transactions between the Customer and the
Contractor. The Contract may only be modified or amended upon mutual written
agreement of the Customer and the Contractor. No oral agreements or representations
shall be valid or binding upon the Customer or the Contractor. No alteration or
modification of the Contract terms, including substitution of product, shall be valid or
binding against the Customer. The Contractor may not unilaterally modify the terms of
the Contract by affixing additional terms to product upon delivery (e.g., attachment or
inclusion of standard preprinted forms, product literature, “shrink wrap” terms
accompanying or affixed to a product, whether written or electronic) or by incorporating
such terms onto the Contractor’s order or fiscal forms or other documents forwarded by
the Contractor for payment. The Customer's acceptance of product or processing of
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documentation on forms furnished by the Contractor for approval or payment shall not
constitute acceptance of the proposed modification to terms and conditions.
43. Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
other entities may be permitted to make purchases at the terms and conditions contained
herein. Non-Customer purchases are independent of the agreement between Customer
and Contractor, and Customer shall not be a party to any transaction between the
Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(16)(a), F.S. This statute requires the Department of
Management Services to determine that the requestor's use of the contract is cost-
effective and in the best interest of the State.
44. Waiver.
The delay or failure by the Customer to exercise or enforce any of its rights under this
Contract shall not constitute or be deemed a waiver of the Customer’s right thereafter to
enforce those rights, nor shall any single or partial exercise of any such right preclude
any other or further exercise thereof or the exercise of any other right.
45. Annual Appropriations.
The State’s performance and obligation to pay under this contract are contingent upon
an annual appropriation by the Legislature.
46. Execution in Counterparts.
The Contract may be executed in counterparts, each of which shall be an original and all
of which shall constitute but one and the same instrument.
47. Severability.
If a court deems any provision of the Contract void or unenforceable, that provision
shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
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SECTION 5.0
SPECIAL CONDITIONS
CONTENTS
5.1 Purchasing Card Program
5.2 Product Acceptance
5.3 Ownership/Title
5.4 Contractors Obligation with Regard to ISV (Third Party) Products
5.5 Proof of License
5.6 Product Version
5.7 Changes to Product or Service Offerings
5.8 Contract Service Requirements
5.9 Delivery
5.10 Contract Reporting Requirements
5.11 Business Review Meetings
5.12 Implementation of Contract
5.13 Contractor’s State Contract Webpage
5.14 Estimated Quantities
5.15 Request for Quotes
5.16 Pricing
5.16.1 Pricing Models
5.17 Contract Revisions
5.18 New Product Additions
5.19 Sales Promotions
5.20 No Substitutions
5.21 Agent of Record
5.22 Upgrade Advantage
5.23 References
5.24 Purchase Orders
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5.1 Purchasing Card Program.
The State of Florida has implemented a purchasing card program, using the Visa
platform. Vendors may receive payment from state agencies by the purchasing card in
the same manner as other Visa purchases. Visa acceptance is mandatory but is not the
exclusive method of payment.
5.2 Product Acceptance.
Unless otherwise provided by mutual agreement of the Eligible Users and the Contractor,
Eligible User(s) shall have thirty (30) days from the date of delivery to accept all newly
licensed software Product(s). Eligible users shall accept renewal of software
maintenance or renewal of software licenses upon the effective date of the Eligible User
contract or purchase order. Where the Contractor is responsible for installation,
acceptance shall be from completion of installation, configuration and setup, including
training, as specified in the Eligible User contract or purchase order. Failure to provide
notice of acceptance or rejection or a deficiency statement to the Contractor by the end
of the period provided for under this clause constitutes acceptance by the Eligible
User(s) as of the expiration of that period. The License Term shall be extended by the
time periods allowed for trial use, testing and acceptance unless the Eligible User agrees
to accept the Product at completion of trial use.
Unless otherwise provided by mutual agreement of the Eligible User and the Contractor,
Eligible User shall have the option to run testing on the Product prior to acceptance,
such tests and data sets to be specified by Eligible User. Where using its own data or
tests, Eligible User must have the tests or representative set of data available upon
delivery.
This demonstration will take the form of a documented installation test, capable of
observation by the Eligible User, and shall be made part of the Contractor’s standard
documentation. The test data shall remain accessible to the Eligible User after
completion of the test.
In the event that the documented installation test cannot be completed successfully
within the specified acceptance period, and the Contractor or Product is responsible for
the delay, Eligible User shall have the option to cancel the order in whole or in part, or
to extend the testing period for an additional thirty (30) day increment. The Eligible
User shall notify Contractor of acceptance upon successful completion of the
documented installation test. Such cancellation shall not give rise to any cause of action
against the Eligible User for damages, loss of profits, expenses, or other remuneration of
any kind.
If the Eligible User elects to provide a deficiency statement specifying how the product
fails to meet the specifications within the testing period, the Contractor shall have thirty
(30) days to correct the deficiency, and the Eligible User shall have an additional thirty
(30) days to evaluate the Product as provided herein. If the Product does not meet the
specifications at the end of the extended testing period, the Eligible User, upon prior
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written notice to the Contractor, may then reject the Product and return all defective
Product to the Contractor, and the Contractor shall refund any monies paid by the
Eligible User to Contractor. Costs and liabilities associated with a failure of the Product
to perform in accordance with the functionality tests or product specifications during the
acceptance period shall be borne fully by the Contractor to the extent that said costs or
liabilities shall not have been caused by negligent or willful acts or omissions of the
Eligible User’s agents or employees.
5.3 Ownership/Title.
Title and ownership to Software Product(s) delivered by the Contractor under the
Contract to an Eligible User under a valid Eligible User contract or purchase order that
is normally commercially distributed on a license basis by the Contractor or other third
party products which are included under any contract resulting from this solicitation,
shall remain with the Contractor or Microsoft. Effective upon acceptance, such Product
shall be licensed to Eligible Users in accordance with the Contractor or Microsoft’s
standard license agreement, provided, however, that such standard license, must, at a
minimum: (a) grant the Eligible Users a non-exclusive, perpetual license to use,
execute, reproduce, display, perform, adapt (unless Contractor advises Eligible Users as
part of Contractor’s proposal that adaptation will violate existing agreements or statutes
and Contractor demonstrates such to the Eligible User’s satisfaction) and distribute
Existing Licensed Product to the Eligible User up to the license capacity stated in the
Purchase Order or work order with all license rights necessary to fully effect the general
business purpose(s) stated in the Bid or Eligible User’s contract or Purchase Order and
(b) recognize the State of Florida as the licensee where the Eligible User is a state
agency, department, board, commission, office or institution. Where these rights are not
otherwise covered by Microsoft’s standard license agreement, the Contractor shall be
responsible for obtaining these rights at its sole cost and expense. The Eligible User
shall reproduce all copyright notices and any other legend of ownership on any copies
authorized under this paragraph. See Section 6.4 (e) for transfer of license language,
which shall apply to all software purchased under this agreement.
5.4 Proof of License.
The Contractor must provide to each Eligible User either: (i) the Contractor’s certified
license confirmation certificates in the name of such Licensee; or (ii) a written
confirmation from the Contractor or Microsoft accepting the Eligible User’s contract or
purchase order as proof of license. Contractor shall submit the certificate, or
alternatively such written confirmation from Microsoft to the benefit of the Eligible
User. Such certificates must be in a form acceptable to the Eligible User.
5.5 Product Version.
Purchase Orders shall be deemed to reference the Contractor’s most recently released
model or version of the Product at time of order, unless an earlier model or version is
specifically requested in writing by the Eligible User and the Contractor is willing to
provide such version.
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5.6 Changes to Product or Service Offerings.
a. Product or Service Discontinuance In the event that Microsoft publicly announces
to all U.S. customers (“date of notice”) that a Product, maintenance, or technical
support offering is being re-bundled in a different manner from the structure or
licensing model of the prior U.S. commercial offering, the Contractor shall be
required to: (i) notify the Contract Manager and each Eligible User in writing of the
intended change; (ii) continue to provide Product or withdrawn support upon the
same terms and conditions as previously offered on the then-current State of Florida
Contract for the greater of: a) the best terms offered by the Contractor to any other
customer, or b) not less than twelve (12) months from the date of notice; and (iii)
shall submit the proposed re-bundling change to the Contract Manager for approval
prior to its becoming effective for the remainder of the Contract term.
The Contractor shall be required to: (i) provide the notice required under the
paragraph above, to the entities described within five (5) business days of the
Contractor receiving notice from Microsoft, and (ii) include in such notice the
period of time from the date of notice that Microsoft will continue to provide
Product or withdraw support.
The provisions of this subdivision (a) shall not apply or eliminate the Contractor’s
obligations where withdrawn support is being provided by Microsoft. In the event
that Microsoft ceases to provide service, the Contractor shall be responsible for
subcontracting such service, subject to state approval, to an alternate Subcontractor.
b. No Hardship/Passive License Monitoring. Unless an Eligible User is otherwise
specifically advised to the contrary in writing at the time of order and prior to
purchase, the Contractor hereby warrants and represents that the Product and all
Upgrades do not and will not contain any computer code that would disable the
Product or Upgrades or impair in any way its operation based on the elapsing of a
period of time, exceeding an authorized number of copies, advancement to a
particular date or other numeral, or other similar self-destruct mechanisms
(sometimes referred to as “time bombs,” “time locks,” or “drop dead” devices) or
that would permit Contractor to access the Product to cause such disablement or
impairment (sometimes referred to as a “trap door” device). Contractor agrees that
in the event of a breach or alleged breach of this provision that Eligible User shall
not have an adequate remedy at law, including monetary damages, and that Eligible
User shall consequently be entitled to seek a temporary restraining order, injunction,
or other form of equitable relief against the continuance of such breach, in addition
to any and all remedies to which Authorized User shall be entitled.
5.7 Contract Service Requirements.
Requests by State Agencies and Eligible Users for Product Literature, Price Lists, and
Specifications must be provided within five (5) working days after receipt of written
request, at no charge to Eligible Users. However, the Department reserves the right to
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review and approve all Product Literature, Price Lists, and promotional materials before
distribution to State Agencies and Eligible Users.
Awarded contractor(s) shall have a single point of contact for customer support. This
individual may support multiple Eligible Users and respond to Eligible User calls
and/or emails within twenty-four (24) hours. Customer Support contact information
shall be provided on the Ordering Instructions form. The Contractor(s) shall make all
Eligible Users of the contract aware of its existence at the time of order to ensure that
contractual pricing is utilized.
Contractor(s) shall provide toll-free customer service phone support from 7:00 AM
(EST) to 6:00 PM (EST) Monday through Friday, except for National and State
recognized holidays. TDD (Telecommunication Device for the Deaf) access must be
made available during the above customer service operating hours.
Contractor(s) shall provide an after-hours contact number for use by Eligible Users for
emergency orders after standard customer service operating hours.
5.8 Delivery.
Pricing shall include inside delivery to the ordering agency within 30 days after receipt
of purchase order.
5.9 Contract Reporting Requirements.
The Contractor shall report sales data to the Contract Manager on a quarterly basis
using the STC Reporting Form in Section 7.15 of the ITN.
The following data must be reported to the Contract Manager on a quarterly
contract basis: Report shall include:
o Contractor’s Name and FEIN number
o Contact Information
o Reporting Period
o Total dollar value of purchases per quarter as noted on the form.
o Total dollar value of purchases per quarter indicating product group.
o Minority Business Spend shall be included in the same report on the tab
marked CMBE Spend Report.
Financial Viability Statement. Contractor shall provide a copy of their Dun and
Bradstreet report and shall be responsible to immediately notify the Contract
Manager of any changes in the company’s financial status that would affect the
Contractor’s ability to fulfill their contract obligations with the State.
Failure to provide quarterly sales reports, including providing a report when there have
been no sales, within thirty (30) calendar days following the end of each quarter
(January, April, July and October) may result in the contract supplier being found in
default and may cause termination of the contract.
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Submission of the Contract Sales Summaries shall be the responsibility of the
Contractor without prompting or notification by the Contract Manager. The Contractor
will submit the completed Contract Sales Summary report by email to the Contract
Manager.
5.10 Business Review Meetings.
In order to maintain the partnership between the Department and the Contractor, each
quarter the Department may request a Business Review meeting. The business review
meeting may involve, but not be limited to, the following:
Review of Contractor performance
Review of minimum required reports
Review of continuous improvement plans
The Department encourages Contractors to identify opportunities to generate lower
costs. A continuous improvement effort, consisting of various ideas to enhance
business efficiencies, may be discussed at the Business Review meetings or as
identified.
5.11 Implementation of Contract.
In order to streamline the procurement process and ease of use for state agency buyers,
the Contractor may provide its catalog data electronically using the State’s
eProcurement system through a “punch-out” solution in which the Agency accesses the
Contractor’s website directly from the system, rather than the system maintaining the
Contractor’s data. This solution must allow the Agency to reach the Contractor’s site,
browse for Contracted items only, and return to the system with a list of items ready to
be inserted into a requisition. Returned product information must include, but is not
limited to, Contractor name, brand/manufacturer, SKU, product name, brief description
(for supplies, include what machine product is for), recycled content flag, approved
green product flag, certifying green label / standard, unit of measure, and price.
If the Contractor does not choose to provide a punch-out catalog, the Contractor must
provide a Line Item catalog and make their awarded products available on the
Contractor’s Florida Specific website as required in Section 5.12 Contractor’s State
Contract Webpage.
The Contractor will have up to sixty (60) days, after contract award, to establish a State
Contract punch-out website or up to thirty (30) days to establish a Line Item Catalog.
The MyFloridaMarketPlace (“MFMP”) third-party Service Provider, Accenture, is
responsible for working with Contractor to assist in the implementation of a punch-out
solution with the eProcurement System or a Line Item Catalog in Aravo. To
accomplish this conversion, the awarded Contractor shall provide requested
information directly to the Service Provider in the format required by the Service
Provider. No costs or expenses associated with providing this information shall be
charged to the Department, Eligible Users, or Service Provider.
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Contractor punch-out solution must meet the following requirements:
The solution must conform to cXML 1.0 or 1.1 standards.
The solution must conform to the technical specifications and implementation
requirements provided by Accenture, and the Contractor must work with
Accenture to ensure successful integration of the punch-out solution into the
system
The solution must have the capability to provide only those products awarded
under the Contract, and block any non-Contract item(s) from being added to the
requisition.
The punch-out site must provide the Contract Manager, or designee, the ability
to audit catalog items and prices and must provide a method to download loaded
items and prices into an Excel file format. Audit time and date shall be
determined by the Contract Manager and shall occur at random intervals.
(Note: Contractors who currently have e-commerce capabilities should
already have the ability to do a punch-out site. See Section 7.10 to review the
Punch-out Capability Questionnaire and Section 7.11 to view the Electronic
Invoicing Requirements.)
5.12 Contractor’s State Contract Webpage.
The Contract resulting from this solicitation will become a public document. State
Purchasing is using http://myflorida.com on the Internet to distribute State Term
Contracts and product information to eligible users and other interested entities.
The Contractor shall, within sixty (60) days after the date of award listed on the
Certification of Contract document, develop and maintain a State Contract web page on
the Internet to post approved Contract information, which shall include pricing,
percentage discounts, terms, catalogs, ordering instructions, descriptive information, list
of products that meet the State of Florida’s *approved green product labels / standards,
and product pictures. The Home Page must be compatible with the most recent version
of browser software being used by State Purchasing. As of the writing of this
solicitation, Internet Explorer 7.0 is the State Purchasing browser standard. State
Purchasing intends to upgrade to new browser versions as they become available and
fully tested, at its discretion. The Universal Resource Locator (URL) for the Internet
Home Page must be listed in the space provided on the Ordering Instructions page of
the solicitation. No costs or expenses associated with providing this information shall
be charged to the State.
* Contractors should note that the US Federal Trade Commission’s Guides to the
Use of Environmental Marketing Claims (Green Guides) regulate how companies
label and advertise using environmental claims / terms. See
www.ftc.gov/bcp/grnrule/guides980427.htm 16 C.F.R. Part 260 for details. It is
the Contractor’s responsibility to accurately identify their products that meet the
State of Florida’s approved green product labels / standards (e.g., Energy Star,
Green Seal) in their electronic catalog, punch-out site and on State Contract web
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page. Failure to accurately represent green products may result in the Contractor’s
immediate removal from the contract.
The State Contract vendor supplied web site must have the following requirements:
Specify that the web page is for the State of Florida
Contract Number and Beginning and Ending Contract Dates
State of Florida approved Contract pricing;
Detailed item descriptions, item numbers, unit of measure;
Robust search engine capabilities;
Additional links or information to access product literature of awarded items;
Additional links to the vendor’s home page, the history of the company, etc.;
Additional links to access technical product literature of awarded items;
Servicing dealers with current contact information;
Offer photos of awarded products (where applicable);
List of products that meet the State of Florida’s approved green product labels /
standards;
When possible, provide indicators of recycled product and minority
manufactured products; and
Universal Resource Locator (URL) for the Internet Page must be supplied to the
Department prior to the implementation of the Contract.
Additional mandates include:
If unauthorized information is discovered on the State Contract Web Page, the
Contractor’s link may be immediately disconnected and the Contractor shall be
liable for any incorrect or unauthorized purchases.
Access to the Contractor’s State Contract Web Page, or to links or documents
on that Web Page, shall not require a password.
Contractor’s State Contract Web Page shall be compatible with the current
version of browser software used by State Purchasing.
Barring unexpected technological interruptions or forces of nature, frequent or
consistent web page inaccessibility may be grounds for contract termination.
Additional links to the Contractor’s home page, product literature, or other
pertinent information may be included on the State Contract Web Page.
5.13 Electronic Invoicing.
Notwithstanding any provision of the contract, the contractor shall supply electronic
invoices in lieu of paper-based invoices for those transactions processed through the
State’s eProcurement system. Electronic invoices shall be submitted to the agency
through the Ariba Supplier Network (ASN) in one of the following mechanisms –
cXML, EDI 810 or web-based invoice entry within the ASN.
For the purposes of this section, the contractor warrants and represents that it is
authorized and empowered to and hereby grants the State and the third party provider
of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute
and publicly display within the system the information outlined above. In addition, the
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contractor warrants and represents that it is authorized and empowered to and hereby
grants the State and the third party provider the right and license to reproduce and
display within the system the contractor’s trademarks, system marks, logos, trade dress
or other branding designation that identifies the products made available by the
contractor under the contract. If the contractor is not the manufacturer, it shall be the
contractor’s responsibility to obtain authorization from the manufacturer to comply
with the provisions of this section, including securing any intellectual property rights of
the manufacturer.
5.14 Estimated Quantities
Based upon current spend projections, it is anticipated that a contract resulting from this
ITN may have sales volume of approximately $15 million. These estimated figures are
given only as a guideline for preparing your proposal and should not be construed as
representing actual figures under the contract.
5.15 Requests for Quotes.
The awarded vendor shall be the only vendor authorized to sell Microsoft products
under this contract. No additional Request for Quotes or bid requests are required
under this contract.
5.16 Pricing.
It is the intent of this solicitation to obtain pricing that is better than or comparable to
pricing models provided to other government entities of the same size and class as the
State of Florida.
Pricing shall be a discount percentage off of the awarded contractor(s) current
“Manufacturers Retail Price.” The prices and percentage discount offered with the bid
shall be firm against any increase for the entire term of this contract and any renewals
thereof.
Price lists shall be submitted via the MFMP Sourcing Tool on the Price Sheet form in
section 7.1 of this ITN. Any subsequent revisions shall be submitted using the same
Excel format to the Contract Manager, for review and approval prior to
implementation. After contract award, product updates may be submitted using the
Product Update form located in Section 7.7 of this ITN to the Contract Manager by
email or on CD.
All current and future Microsoft Software Licenses shall be sold under the
Microsoft Master Business Agreement, which includes the following:
o Microsoft Select – State and Local
o Microsoft Enterprise
o Academic Select
5.16.1 Pricing Models - Respondent shall provide pricing models for Microsoft
software licensing and maintenance based on the Microsoft Government Select
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MVLP-D 50,000 unit level; and Microsoft Education Select MVLP-A
designation status. Prices must be submitted using the attached Price Sheet in
Section 7.1 of this solicitation. Pricing models shall include the following:
a) All proposals must provide a manufacturer’s cost plus percentage
based on the Microsoft products to a qualified Microsoft Large
Account Reseller.
b) Transfer or assignment of contracts from state agencies to hosting or
“primary” data centers.
c) Location licensing, which will allow for a change in location and
transfer of ownership.
d) Replacement Products
e) Competitive upgrade costs including Upgrade Advantage
f) Option to purchase Microsoft’s official documentation and CDs must
be included in bid proposals; CD-ROM sets per product pool
(Applications, Systems, Server), as applicable.
g) Maintenance agreements
h) Added Value such as tiered discounts, additional service, etc.
5.17 Contract Revisions
Revisions to product offerings, pricing, terms, or presented materials must be
approved by the Department prior to advertisement or implementation. Revision
requests must be submitted to the Contract Manager on the Product Update Form in
Section 7.7.
5.18 New Product Additions
New products may be considered for addition to the contract. All requests for review
shall be made in writing via the Product Update form in Section 7.7 to the Contract
Manager and shall include product literature and pricing in a format acceptable to the
Department. New products must utilize the same percentage discount originally bid,
based on the manufacturer’s prices in effect at the time the new product is offered and
may not be marketed as approved products prior to written approval from the
Contract Administrator.
5.19 Sales Promotion
A contractor, during the term of the contract, may lower prices of products on the
contract, for a specified period of time. The contractor shall document sales
promotions to and receive approval of the Department prior to offering sales
promotions to contract users. Documentation of sales promotions shall specify
starting and ending dates of the promotion, specify list prices and promotional prices,
and shall contain a statement that the promotional prices are available to all contract
users. Sixty (60) days is established as the minimum period of time for which a sales
promotion can be offered. Sale pricing shall be made available on contract items only
and promoted to all users of the contract. Evidence of offering of a sales promotion
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to a contract user prior to the submittal to and approval of the Department may
subject the contractor to removal from the contract.
5.20 No Substitutions
The types/versions of software specified in this Solicitation are compatible with other
systems/software currently installed. Therefore, NO SUBSTITUTES ARE
ALLOWED. Compatibility with existing software allows for warehousing of
supplies as well as technical and upgrade advantage support for peripheral software.
5.21 Agent of Record
The successful Contractor shall act as “Agent of Record” during the term of the
contract and shall maintain and update the licensing records of each eligible agency
that purchases from the resultant contract. If an Enrollment Form is required by
Microsoft, the bidder will be responsible to contact each agency, upon receipt of that
agency’s initial purchase order to have the agency complete the form. In turn, the
agencies shall designate a liaison to maintain pertinent records and inform the Agent
of Record of any changes.
5.22 Upgrade Advantage
Upgrade Advantage, under Microsoft’s Master Business Agreement includes:
Master upgrade to include one master of each version of software for
which upgrade advantage maintenance has been purchased.
Master Interim Releases and software change notices for software for
which upgrade advantage has been purchased.
5.23 References
All respondents shall provide a minimum of five references for products sold to
“Eligible Customers” in the last twenty-four (24) months. References shall include
the following: the name of the agency, university, city, county or school board,
responsible personnel and phone number where this specific software was purchased.
Failure to supply the required documentation may result in disqualification of your
proposal. The State of Florida reserves the right to contract the references regarding
the products/services provided.
5.24 Purchase Orders
All respondents shall provide a minimum of five (5) purchase orders or invoices with
the proposal package to document the sales of each manufacturer’s brand proposal.
Failure to supply the required documentation may result in disqualification of your
proposal.
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SECTION 6.0
TECHNICAL SPECIFICATIONS
Contents
6.1 ELIGIBLE SOFTWARE
6.2 SOFTWARE ACCEPTANCE
6.2.1 ACCEPTANCE OF STAND ALONE SOFTWARE
6.2.2 ACCEPTANCE OF SELF-DEVELOPED SOFTWARE OR SOFTWARE DEVELOPED BY THIRD
PARTIES
6.3 STANDARD SUPPORT
6.4 SOFTWARE LICENSE
6.5 ENVIRONMENTAL STANDARDS
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6.1 Eligible Software
Respondent shall propose the latest version of all software at the time of order, unless
an earlier version is specifically requested in writing by the Eligible User and the
Contractor is willing to provide such version. In addition, Products and upgrade
advantage shall be bid under the MASTER BUSINESS AGREEMENT and shall
include all software listed in the referenced Manufacturer’s Certification including
Products offered under the MICROSOFT SELECT, ENTERPRISE, and ACADEMIC
SELECT agreements.
6.2 Software Acceptance
Once software has been physically received, the Contractor shall consider the Product
accepted for use in order to comply with the Sarbanes Oxley reporting requirements;
however, the State has additional acceptance criteria, which will be used to justify
product returns. Eligible users who have software installation permissions granted by the
user’s agency shall be responsible for determining acceptance of products purchased.
Minimum acceptance criteria are as follows:
6.2.1 Acceptance of Stand Alone Software: Acceptance of software products is
conditioned upon the following:
The software is free of computer viruses
The software is compatible with other products in use
The software can operate in the intended working environment and required
parameters
The software was delivered with the relevant manuals or access was provided
to electronic manuals.
The required functionality is fulfilled.
6.2.2 Acceptance of software will be denied if any of the following occur:
Serious errors are detected in the software
Test cases occur where the calculated results do not correspond to the
estimated results
User manuals or operating instructions are not available or are inadequate
6.3 Standard Support
Contractors shall provide the following levels of support under the Contract:
Inside delivery, with buyer set-up and installation
Standard manufacturer’s warranty
30-day money back guarantee (after acceptance), return to Contractor, with no
shipping charges or restocking fee or comparable charges
Installation advisory support – help with installation and updating of standalone
applications or products in a network environment.
Corrective support – to resolve identifiable and reproducible software product
problems and to help customers identify problems that are difficult to
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reproduce; includes assistance with trouble-shooting and with setting
configuration parameters.
Escalation management – Establish escalation procedures and enlist specialized
expertise from Contractor and selected third parties.
Electronic software information – Provide access to software patches, a
symptom-solution database, product descriptions, specifications, technical
literature, etc.
Coverage windows – minimum of 8:00 – 6:00 p.m. EST Monday – Friday,
excluding holidays.
Optional Support that may be offered on particular purchases:
Warranty upgrade (to 3-year maximum). Warranty upgrade may be purchased
at time of system purchase or during the warranty period
Software product and documentation updates
Manufacturer provided installation
Optional support levels resulting in increased cost to Customers shall be clearly and
separately identified on the Contractor’s authorized product and price list. Integrated
components shall carry the same support level and warranty provisions as the system.
Optional support shall also be offered at the same percentage discount as the awarded
category of items that the optional support is associated with.
6.4 Software License.
Where product is acquired on a licensed basis, the following terms shall constitute the
license grant.
a. Scope: Licensee is granted a non-exclusive license to use, execute, reproduce,
display, perform, or merge the product within its business enterprise in the
United States up to the maximum licensed capacity identified on the purchase
order. The product may be accessed, used, executed, reproduced, displayed, or
performed up to the capacity measured by the applicable licensing unit
identified on the purchase order. Licensee shall have the right to use and
distribute modifications and customizations of the product to and for use by any
Customers otherwise licensed to use the product, provided that any
modifications, however extensive, shall not diminish licensor’s proprietary title
or interest. This paragraph grants no license, right, or interest in any trademark,
trade name, or service mark.
b. Term: The license term shall begin the date the product is accepted. Where a
license involves licensee’s right to copy a previously licensed and accepted
master copy, the term shall begin the date the purchase order is executed.
c. Documentation: Contractor shall provide to the licensee one (1) free copy of the
installation media. Additional copies may be purchased at a fee. As applicable,
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basic product documentation may be in the form of electronic files that are
included in the installation media.
d. Technical Support and Maintenance: Licensee may elect the technical support
and maintenance (“maintenance”) set forth in the Contract by giving written
notice to the Contractor any time during the Contract term. Maintenance shall
include, at a minimum, (1) providing error corrections, patches, updates,
revisions, fixes, upgrades, and new releases to licensee, and (2) Help Desk
assistance accessible via toll-free or local telephone call or on-line. The
Contractor shall maintain the products so as to provide licensee with the ability
to use the products in accordance with the product documentation, without
significant functional downtime to ongoing operations during the maintenance
term. The maintenance term(s) and any renewals are independent of the
Contract term. The Customer may discontinue maintenance at the end of any
current maintenance term upon notice to the Contractor; provided, the term shall
not automatically renew. If the Customer does not initially acquire, or
discontinues, maintenance, the Customer may at any later time reinstate
maintenance without any penalties or other charges, by paying the Contractor
the amount, if any, that would have been due under the Contract for the period
that maintenance had lapsed, or for twelve months, whichever is less.
e. Transfers/Reassignment: Licensee’s operations may be altered, expanded, or
diminished. Licenses may be transferred, renegotiated or combined for use at
an alternative or consolidated site not originally specified in the license,
including transfers between agencies and sites. There shall be no additional
license or other transfer fees due, provided that (1) the maximum capacity of the
consolidated machine is equal to the combined individual license capacity of all
licenses running at the consolidated or transferred site (see pricing model in
Section 5.16.1) or (2) if the maximum capacity of the consolidated machine is
greater than the individual license capacity being transferred, a logical or
physical partition or other means of restricting access will be maintained within
the computer system to restrict use and access to the product to that unit of
licensed capacity solely dedicated to beneficial use for licensee. If the
maximum capacity of the consolidated machine is greater than the combined
individual license capacity of all licenses running at the consolidated or
transferred site, and a logical or physical partition or other means of restricting
use is not available, the fees due the Contractor shall not exceed the fees
otherwise payable for a single license for the upgrade capacity.
f. Restricted Use by Third Parties: Outsourcers, facilities management, service
bureaus, or other services retained by licensee shall have the right to use the
product to maintain licensee’s operations, including data processing, provided
that (1) licensee gives notice to the Contractor of such third party, site of
intended use of the product, and means of access, (2) the third party has
executed, or agrees to execute, the product manufacturer’s standard
nondisclosure or restricted use agreement, which agreement shall be accepted
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by the Contractor, and (3) the third party shall maintain a logical or physical
partition within its computer system to restrict access to the program to that
portion solely dedicated to beneficial use for licensee. Licensee shall not be
liable for any third party’s compliance or noncompliance with the terms of the
nondisclosure agreement, nor shall the nondisclosure agreement create or
impose any liabilities on the State or the licensee. Any third party with whom a
licensee has a relationship for a State function or business activity shall have the
temporary right to use product (e.g., Java applets), provided that such use shall
be limited to the period during which the third party is using the product for the
function or activity.
g. Archival Backup: Licensee may use and copy the product and related
documentation in conjunction with reproducing a reasonable number of copies
for archival backup and disaster recovery procedures.
h. Source Code Escrow: If either the product manufacturer/developer or the
Contractor offers source code or source code escrow to any other commercial
customer, or if either entity seeks bankruptcy protection, then the Contractor
shall either (1) provide licensee with source code for the product, (2) place the
source code in a third-party escrow arrangement with a designated escrow
agent, which shall be identified to the Department, and which shall be directed
to release the deposited source code in accordance with a standard escrow
agreement acceptable to the Department, or (3) certify to the Department that
the product manufacturer/developer has named the State, acting by and through
the Department, and the licensee, as named beneficiaries of an established
escrow arrangement with its designated escrow agent, which shall be identified
to the Department and licensee, and which shall be directed to release the
deposited source code in accordance with the terms of escrow. Source code, as
well as any corrections or enhancements, shall be updated for each new release
of the product in the same manner as provided above and such updates shall be
certified in writing to the Department. The Contractor shall identify the escrow
agent upon commencement of the Contract term and shall certify annually that
the escrow remains in effect in compliance with the terms of this paragraph.
The State may release the source code to licensees under the Contract which
have licensed the product or obtained services, and which may use the copy of
the source code to maintain the product.
i. Confidentiality: The product is a trade secret, copyrighted and propriety
product. Licensee and its employees shall not disclose or otherwise distribute or
reproduce any product to anyone other than as authorized under the Contract.
Licensee shall not remove or destroy any of the Contractor’s proprietary
markings.
j. Restricted Use: Except as expressly authorized by the terms of license, licensee
shall not: copy the product; cause or permit reverse compilation or reverse
Page 116 of 171
Microsoft Software, Licenses and Maintenance Page 79 of 84
252-001-09-1
assembly of the product or any portion; or export the product in violation of any
U.S. Department of Commerce export administration regulations.
k. Proof of License: The Contractor shall provide to each licensee that places a
purchase order either (1) the product developer’s certified license confirmation
certificates in the name of the licensee or (2) a written confirmation from the
proprietary owner accepting the product invoice as a proof of license. The
Contractor shall submit a sample certificate, or alternative confirmation, which
shall be in a form acceptable to the licensee.
l. Audit of Licensed Usage: The Contractor may periodically audit, no more than
annually and at its expense, use of licensed product at any site where a copy
resides provided that (1) the Contractor gives licensee at least thirty days written
advance notice, (2) the audit is conducted during the licensee’s normal business
hours, (3) the audit is conducted by a State Inspector General’s office or, for
non-State licensees, by an independent auditor chosen by mutual agreement of
the licensee and Contractor as follows: the Contractor shall recommend a
minimum of three auditing/accounting firms, from which the licensee shall
select one; in no case shall the Business Software Alliance, Software Publishers
Association, or Federation Against Software Theft be recommended by the
Contractor or used, directly or indirectly, to conduct audits, (4) the Contractor
and licensee shall designate a representative who shall be entitled to participate,
who shall mutually agree on audit format, and who shall be entitled to copies of
all reports, data, or information obtained from the audit, and (5) if the audit
shows that the licensee was not in compliance, the licensee shall purchase
additional licenses or capacities necessary to bring it into compliance and shall
pay for the unlicensed capacity at the Contract price then in effect or, if none,
then at the Contractor’s U.S. commercial list price. Once such additional
licenses and capacities are purchased, licensee shall be deemed to have been in
compliance retroactively, and licensee shall have no further liability of any kind
for the unauthorized use of the product.
m. Bankruptcy: The Contract is subject to the terms of section 365(n) of the
United States Bankruptcy Code (“Code”) if the licensor files a bankruptcy
petition. Licensor’s failure to perform its continuing obligations shall constitute
a material breach of the Contract excusing performance by the licensee.
Royalty payments for use of intellectual property shall be separate from and
independent of payments for performance of all other obligations under the
Contract (e.g., continuing development obligations, maintenance and support
obligations, obligations to provide updates, indemnity obligations, etc.). Upon
request, the licensor shall furnish licensee any intellectual property, as defined
in the Code, and any embodiment of that intellectual property held by the
licensor. If licensee must hire third-parties to perform support, maintenance, or
development tasks previously performed by licensor, the licensee may provide
intellectual property to such third-parties without violating non-disclosure or
exclusivity provisions.
Page 117 of 171
Microsoft Software, Licenses and Maintenance Page 80 of 84
252-001-09-1
6.6 Environmental Standards
Florida Governor Charlie Crist signed Executive Order 07-126, titled “Leadership by
Example: Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State
Government”; Executive Order 07-127, “Immediate Actions to Reduce Greenhouse Gas
Emissions within Florida”; and Executive Order 07-128, “Florida Governor’s Action
Team on Energy and Climate Change.”
The State supports and encourages initiatives to protect and preserve our environment.
The Respondent shall submit as part of any response the Respondent’s plan to support
the procurement of products and materials with recycled content, and the intent of
Section 287.045, Florida Statutes. The Respondent shall also provide a plan for
reducing and or handling of any hazardous waste generated by Respondent’s company.
Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the
Florida Department of Environmental Protection that a generator of hazardous waste
materials that exceeds a certain threshold must have a valid and current Hazardous
Waste Generator Identification Number. This identification number shall be submitted
as part of Respondent’s explanation of its company’s hazardous waste plan and shall
explain in detail its handling and disposal of this waste.
Describe what efforts your company (as Contractor) will take to encourage the
participation and support of these and other environmental programs.
6.6.1 Florida Climate Friendly Products
Contractors are encouraged to propose products that meet the Florida
approved green product labels/standards.
Under the leadership of Florida Governor Charlie Crist, the Department of
Management Services (DMS) encourages the purchase of environmentally
preferable products (EPPs) by Florida governmental entities where possible.
Upon award, Contractors will be encouraged to submit a list of their
qualifying products for review and posting to the Florida Climate Friendly
Products List. The current list can be viewed at the following DMS website
link:
http://dms.myflorida.com/business_operations/state_purchasing/vendor_infor
mation/state_contracts_agreements_and_price_lists/florida_climate_friendly_
products_list
The Florida Climate Friendly Products List includes state contract approved
products that have received one or more of the following certifications, labels,
and standards:
California Energy Commission (CEC) Appliance Efficiency Regulations
Page 118 of 171
Microsoft Software, Licenses and Maintenance Page 81 of 84
252-001-09-1
California Environmentally Preferred Products Guide
California State Agency Buy Recycled Program (SABRC)
Electronic Product Environmental Assessment Tool (EPEAT)
Energy Star
EPA Comprehensive Procurement Guidelines (CPG)
EPA SmartWay and SmartWay Elite
EPA WaterSense
Forest Stewardship Council (FSC)
Green Seal
Greenguard
MDBC's Cradle to Cradle Silver Certification (or higher)
Minnesota Green Guardian EPP Guide
NEMA Premium
RoHS
SCS (Scientific Cert. Sys.) / NSF International
Terra Choice / Ecologo
US Federal Energy Management Program (FEMP)
USDA Organic Label
Page 119 of 171
Microsoft Software, Licenses and Maintenance
252-001-09-1
SECTION 7.0
FORMS, ATTACHMENTS, AND WORKSHEETS
THE FORMS, ATTACHMENTS, AND WORKSHEETS ARE LOCATED IN AND ARE
DOWNLOADABLE FROM THE MYFLORIDAMARKETPLACE SOURCING TOOL.
CONTENTS
7.1 PRICE SHEET
7.2 SAVINGS/PRICE REDUCTIONS
7.3 CONTACT INFORMATION
7.4 ORDERING INSTRUCTIONS
7.5 CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM (PUR 7009)
7.6 REFERENCES
7.7 PRODUCT UPDATE FORM
7.8 CONTRACT
7.9 STATE OF FLORIDA VENDOR RESPONSIBILITY QUESTIONNAIRE
7.10 PUNCH-OUT CAPABILITY QUESTIONNAIRE
7.11 MYFLORIDAMARKETPLACE ELECTRONIC INVOICING REQUIREMENTS
7.12 EMERGENCY SITUATIONS FORM
7.13 VENDOR CHECKLIST
7.14 MICROSOFT MASTER BUSINESS AGREEMENT (INCLUDING SELECT – STATE & LOCAL,
ENTERPRISE, AND ACADEMIC AGREEMENTS)
7.15 CONTRACT REPORTING FORM
7.16 SAMPLE LINE ITEM TEMPLATE
Page 120 of 171
Microsoft Software, Licenses and Maintenance
252-001-09-1
Microsoft Software
Ordering Instructions Form
BIDDER: SHI International Corp
VENDOR TAX ID NUMBER: 22-3009648
Ordering Information:
Please provide the following information about where Customers should direct orders. You
must provide a regular mailing address and email address. If equipped to receive purchase
orders electronically, you may also provide an Internet address. NOTE: Duplicate as
necessary for multiple ordering locations.
Name: Florida Sales Team
Title: Inside Sales Team
Street Address or P.O. Box: 33 Knightsbridge Rd.
City, State, Zip: Piscataway, NJ 08854
Email Address: floridateam@shi.com
Phone Number: 800-543-0432
Toll Free Number: 800-543-0432
Ordering Fax Number: 732-868-6055
Internet Address:
Federal ID Number: 22-3009648
Remit Address: PO Box 8500-41155
City, State, Zip: Philadelphia, PA 19178
Please identify the person who will be responsible for administering the Contract on your
behalf if award is made, and include an emergency contact phone number:
Name: Michael Bench
Title: Account Executive
Street Address: 11270 Warm Wind Way, Weeki Wachee, FL 34613
E-mail Address: Michael_Bench@shi.com
Phone Number(s): 352-597-2880 (office)/352-250-2101 (mobile)
Fax Number: 352-597-2899
Page 121 of 171
Microsoft Software, Licenses and Maintenance
252-001-09-1
Please identify the person who will be responsible for maintaining your electronic catalog
information through MyFloridaMarketPlace.
Name: Michael Bench
Title: Account Executive
Street Address: 11270 Warm Wind Way, Weeki Wachee, FL 34613
E-mail Address: Michael_Bench@shi.com
Phone Number(s): 352-597-2880 (office)/352-250-2101 (mobile)
Fax Number: 352-597-2899
Please be advised that vendors are responsible for verifying and maintaining the correct
contact and address information within their MyFloridaMarketPlace vendor registration
account. Failure to do so may result in the vendor being deemed ineligible to conduct
business with the State of Florida.
Page 122 of 171
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Cameron Benson,
City Manager
Department:
City Manager
Finance
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
TERMINATE THE AGREEMENT WITH THE SHARPTON GROUP FOR
PROFESSIONAL AUDITOR SERVICES; AUTHORIZING THE CITY
MANAGER TO ESTABLISH AN AUDIT COMMITTEE FOR THE
PURPOSE OF SOLICITING PROFESSIONAL AUDITOR SERVICES;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City under Resolution 2013-105-1901 awarded Sharpton Brunson & Company, PA as the City’s
external auditor to perform the annual financial audit. This engagement is for a three year period, which
is for audit services for Fiscal Year 2014, 2015 and 2016 with the option to extend for an additional two
years. On September 17, 2014, the City was informed that Mr. Brunson has resigned from the firm and
Item K-7) Consent Agenda
Resolution
Termination of Agreement w/
Sharpton Group
Page 123 of 171
18605 NW 27 Avenue
Miami Gardens, Florida 33056
that the company will be renamed as The Sharpton Group. Since it was so close to year-end, City
management has decided to utilize Sharpton Group as the City’s external auditor for FY 2014 audit.
In the agreement with Sharpton, Brunson and Company, under Article 10, the City may, for its
convenience and without cause, terminate this Agreement by giving the Auditor written notice at least
30 days prior to the effective date of termination. City Management is recommending terminating the
contract and to issue an RFP to seek qualified accounting firm to provide auditing services for the next
three years beginning Fiscal Year 2015. According to Florida Statute Section 218.39(1)(2) an Audit
Committee must be established and approved by Council prior to solicitation of proposals for audits to
be performed for FY 2015 and beyond.
Staff is proposing the Audit Committee be consisted of the Assistant City Manager, Craig Clay, Finance
Director and Assistant Finance Director.
Fiscal Impact
There is no cost to the City for this action.
Proposed Action:
Recommend Council approval of the resolution of establishing the Audit Committee and terminating the
current auditing agreement.
Attachment:
None
Page 124 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER TO TERMINATE THE AGREEMENT WITH THE 5
SHARPTON GROUP FOR PROFESSIONAL AUDITOR 6
SERVICES; ESTABLISHING AN AUDIT COMMITTEE FOR THE 7
PURPOSE OF SOLICITING PROFESSIONAL AUDITOR 8
SERVICES; PROVIDING FOR THE ADOPTION OF 9
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, on April 10, 2013, the City Council adopted Resolution No. 2013-12
105-1901, which awarded a bid to Sharpton & Brunson, Co. P.A., for auditor services, 13
and 14
WHEREAS, since that time, the firm has been renamed to the Sharpton Group, 15
and 16
WHEREAS, in accordance with the Agreement, the City is authorized to 17
terminate the agreement for auditor services convenience, and 18
WHEREAS, City staff recommends terminating the Agreement with the Sharpton 19
Group, and 20
WHEREAS, City staff also recommends the establishment of an Audit Committee 21
that will consist of the Craig Clay, the Assistant City Manager, Patty Varney, the 22
Finance Director and Michael Quesada, the Assistant Finance Director, and 23
WHEREAS, the Audit Committee will prepare a solicitation for professional 24
auditor services pursuant to Section 218.391(2), Florida Statutes, 25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29
made a specific part of this Resolution. 30
Page 125 of 171
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby authorizes the City Manager to terminate the Agreement with the Sharpton 32
Group for professional auditor services; and further establishes an Audit Committee in 33
accordance with the aforementioned Whereas, clauses, for the purpose of soliciting 34
professional auditor services. 35
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 36
upon its final passage. 37
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 38
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 39
40
___________________________________ 41
OLIVER GILBERT, III, MAYOR 42
43
44
45
ATTEST: 46
47
48
__________________________________ 49
RONETTA TAYLOR, MMC, CITY CLERK 50
51
52
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 53
54
55
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 56
57
Moved by: __________________ 58
59
VOTE: _________ 60
61
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 62
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 63
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 64
Councilman David Williams Jr ____ (Yes) ____ (No) 65
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66
Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68
Page 126 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 27, 2015 Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes
No Ordinance Reading:
1st Reading 2nd Reading
X Public Hearing:
Yes No Yes No
X
Funding Source:
City of Miami
Gardens General
Obligation Bond
Advertising Requirement:
Yes No
X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related:
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name:
Erhabor Ighodaro,
Councilman
Department:Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING THE CONSTRUCTION OF A
SWIMMING POOL AT BUNCHE PARK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Background:
In April 2014, City of Miami Gardens residents approved a $60 million General Obligation Bond (GOB)
referendum for park improvements and crime prevention, including purchasing and installing crime
prevention equipment, providing facilities for expanding community activities in parks, and renovating,
constructing and purchasing parks facilities and land.
Item K-8) Consent Agenda
Resolution
Bunche Park Pool
Page 127 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
On May 28, 2014, Council adopted Ordinance No. 2014-09-320, authorizing the borrowing of sixty
million dollars ($60,000,000); authorizing the issuance of City of Miami Gardens General Obligation
Bonds to pay costs of remodeling, reconstructing, constructing, reconfiguring, retrofitting, furnishing
and equipping City parks and parks facilities, purchasing crime prevention equipment for law
enforcement assistance via electronic means, providing facilities for expanding community activities in
parks, and renovating, constructing and purchasing parks facilities and land for new or expanded parks.
Current Situation:
At the February 25, 2015 City Council meeting, the Council approved the Bond Implementation Plan
(BIP). The BIP specifies park and crime prevention projects to be executed throughout the City utilizing
GOB proceeds and other funding sources. Two options for the Bunche Pool site were outlined in the BIP:
1) Pool and 2) Water Playground. On May 6, 2015, Councilmember Ighodaro hosted a UNI’TEA public
meeting at Love Fellowship Ministries Church in Bunche Park at which several members of the
community expressed their desire for the Bunche Pool option.
Proposed Action:
It is recommended that the City Council approve the selection of the Bunche Pool option as stated in the
Bond Implementation Plan (BIP). Modify the Bond Implementation Plan removing the water playground
option from the Bunche Pool site.
Attachments
Attachments:
A- Bond Implementation Plan Narrative - Revised
Page 128 of 171
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPROVING THE 4
CONSTRUCTION OF A SWIMMING POOL AT BUNCHE PARK; 5
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 6
PROVIDING FOR AN EFFECTIVE DATE. 7
8
WHEREAS, on May 28, 2014, the City Council adopted Ordinance No. 2014-09-9
320, which authorized the issuance of a General Obligation Bond in the amount of Sixty 10
Million Dollars for the purchase of law enforcement equipment and for the construction 11
and renovation of City parks, and 12
WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 13
2014-40-2018, which outlined a Bond Implementation Plan for parks and public safety 14
improvement projects, and 15
WHEREAS, the Bond Implementation Plan outlined two (2) options for the 16
Bunche Park Pool site: 1) a swimming pool; or 2) a water playground, 17
WHEREAS, Councilman Erhabor Ighodaro is recommending the construction of 18
a swimming pool at Bunche Park, 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23
made a specific part of this Resolution. 24
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25
hereby approves the construction of a swimming pool at Bunche Park. 26
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 27
upon its final passage. 28
Page 129 of 171
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 29
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 30
31
___________________________________ 32
OLIVER GILBERT, III, MAYOR 33
34
35
ATTEST: 36
37
38
__________________________________ 39
RONETTA TAYLOR, MMC, CITY CLERK 40
41
42
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43
44
45
SPONSORED BY: COUNCILMEMBER ERHABOR IGHODARO 46
47
Moved by: __________________ 48
49
VOTE: _________ 50
51
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 53
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 54
Councilman David Williams Jr ____ (Yes) ____ (No) 55
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 56
Councilman Rodney Harris ____ (Yes) ____ (No) 57
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58
59
Page 130 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 1 of 10
MIAMI GARDENS GENERAL OBLIGATION BOND
BOND IMPLEMENTATION PLAN PROJECTS (REVISED)
The following potential Capital Improvement Projects are recommended to be funded by the
City of Miami Gardens General Obligation Bond (GOB). All projects are geared toward the City’s
Parks and also are inclusive of the Administration’s recommendations regarding public safety
improvements.
A. J. King Park
Remove wooden lighting poles and replace with steel poles for new Musco sports
lighting and control system for the multipurpose field and the baseball field. The
replacement will reduce the power consumption by 40% and provide web based controls
for the system.
Recondition the existing baseball diamond and replace backstop and dugout fencing.
Install outfield fencing/netting.
Reconfigure the existing paved parking lot for easier access from the street and to be
ADA compliant to include paved approaches from street.
Remove existing parking lot lighting system and install new lights for improved security
and surveillance. The lighting will be controlled by the Musco sports lighting system.
Install a new large pavilion with picnic tables, grills, domestic water and electricity.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Andover Park
Replace existing playground with a new playground with soft rubberized play surface
and shade structure.
Resurface the existing basketball court and install new shade structure, backboards and
rims.
Replace the perimeter fencing and install temporary parking with pavers in the swale
area.
Install new landscaping and irrigation system in the park.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Bennett Lifter Park
Replace existing playground and swings with new playground with soft rubberized play
surface and shade structure. Move the playground closer to the recreation building.
Resurface existing basketball court and install new backboards and rims.
Replace sports lighting for basketball court with new Musco lighting and control system,
which will reduce the power consumption by 40% and provide web based control
system.
Page 131 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 2 of 10
Bennett Lifter Park (continued)
Remove the existing tennis courts and replace with a larger pavilion with a grill,
electricity and domestic water.
Remodel two existing public restrooms in the Recreation Building to be ADA compliant.
Install additional paved parking north of the existing building and adapt existing lot to be
ADA compliant.
Repair driveway approaches to site as needed to interface with edge of street pavement.
Install new parking lot lighting which will be controlled by the Musco system.
Add parking with pavers in the swale area along the streets.
Install new landscaping and irrigation system in the park and the paved parking lot.
Surround lift station with lush landscaping to improve park aesthetics.
Install sidewalks to the lake shore and a chain link fence.
Install a fishing dock at the edge of the lake.
Remove the existing small pavilion north of the building.
Renovate the existing pavilion south of the building and add grill, electricity and domestic
water.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Betty T. Ferguson Recreation Center
Convert the north and south overflow parking areas into paved parking lots and include
lighting and drainage.
Upgrade the existing football field area to potentially accommodate local high school
football and other specialized events.
Upgrade existing parking lot lighting.
Reduce the area designated for the burrowing owl to add to the new north parking lot.
Extend the existing walking trail to the entire perimeter of the site and include lighting
and distance marker signage.
Install ventilation fans in pool area.
Evaluate and replace as necessary ventilation systems and air conditioning throughout
the facility.
Install new landscaping and expand irrigation system adjacent to trail extension.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Brentwood Pool
Replace the exercise equipment at the central exercise station area. Cover central
exercise station area with a shade structure.
Install benches and trash receptacles near the basketball courts and the playground.
Resurface the existing parking lot and adapt it to be ADA compliant.
Renovate and resurface tennis courts.
Page 132 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 3 of 10
Brentwood Pool (continued)
Demolish the existing pool and pool house that is no longer functional. Once completed,
install a new pavilion with picnic tables, grill, electricity and domestic water. Add a small
water play area adjacent to the pavilion.
Install a perimeter chain link fence to improve security at the park.
Install new landscaping and irrigation system in the park.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Buccaneer Park
After an analysis to determine the cost effectiveness, the existing Recreation Building
will be remodeled or demolished and rebuilt.
Determine the feasibility of relocating/burying electrical cables underground.
Relocate and replace existing playground with new playground with soft rubberized play
surface and shade structure.
Extend the existing walking trail. Add distance marker signage along walking trail.
Create a zero-depth splash pad with perimeter benched seating at the location of the
paved skating area. Construct a restroom and shower area near the splash pad area.
Install estate fencing and plant shrubs and bushes around splash pad area.
Construct a permanent entrance area near the splash pad.
Install two new pavilions with a grill, electricity and domestic water--one adjacent to the
splash pad and the other along the trail.
Resurface two existing basketball courts and install new backboards and rims.
Replace sports lighting for basketball court with new Musco lighting and controls. The
replacement will reduce the power consumption by 40% and provide web based controls
for the system.
Replace/Install sports lighting for tennis courts with new Musco lighting and controls.
Resurface two existing Tennis Courts and install new netting and signage. Replace
existing fencing and windscreen as needed.
Install additional paved parking at the location of the existing parking lot. Remove
existing parking lot lighting system and install new lights for improved security and
surveillance. The lighting will be controlled by the Musco sports lighting system.
Add temporary parking with pavers in the swale area along the streets.
Install a perimeter chain link fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Bunche Park
Demolish the existing 40 year old recreation building. Build a new Multipurpose
Gymnasium to house the City of Miami Gardens Alternative Sports Complex. The
building will contain a running track on a second level above a weight room, workout
Page 133 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 4 of 10
Bunche Park (continued)
room and locker rooms. The center will feature boxing, martial arts, dance and
gymnastics.
Remove two of the four existing basketball courts to make room for new parking lot.
Resurface two of the existing basketball courts.
Replace existing playground with a new playground with soft rubberized play surface
and shade structure.
Replace existing sod sports field with a new artificial turf sports field.
Replace the sports lighting for the football field and the basketball courts with new
Musco lighting and control system on the existing concrete poles. The replacement will
reduce the power consumption by 40% and provide web based controls for the system.
Install bleachers with permanent shade structures for the football field.
Repair the temporary parking in the swale area along the perimeter streets.
Renovate and add to the existing parking lot and adapt the existing lot to be ADA
compliant. Remove existing parking lot lighting system and install new lights for
improved security and surveillance. The lighting will be controlled by the Musco sports
lighting system.
Replace the broken perimeter fencing on the south side of the park with a 6-foot vinyl
covered chain link fence.
Install estate fencing along the north, east, and west perimeter of the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Bunche Pool
Demolish and reconstruct the existing pool and pool house that has been unoccupied for
6 years. New pool house will be ADA compliant.
Repair and replace existing pool pumps, piping, filters and equipment.
Renovate and add to the existing parking lot and adapt existing lot to be ADA compliant.
Install new lights for improved security and surveillance. The lighting will be controlled by
the Musco sports lighting system.
Install new water fountain(s).
Install a perimeter fence around the site.
Extend sidewalk width to be ADA compliant.
Install new landscaping and irrigation system for the paved parking lot.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Cloverleaf Park
Replace the existing playground with a new playground with soft rubberized play surface
and shade structure.
Expand and resurface the existing half basketball court and install new backboards and
rims.
Page 134 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 5 of 10
Cloverleaf Park (continued)
Install security lighting and controls for the basketball court.
Determine the feasibility of relocating/burying electrical cables underground.
Renovate the existing building and make it ADA compliant. Assess removing or
relocating the east exit door.
Add temporary parking with pavers in the swale area along the street.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Lester Brown Park (Brentwood Park)
Add a second zone for the existing playground with a soft rubberized play surface and
shade structure.
Remove the existing natural turf sports field and irrigation system underneath.
Install an artificial turf sports field. Reuse the existing Musco lighting system.
Install a scoreboard.
Install bleachers with permanent shade structures on both sides of the field.
Re-sod the existing practice field.
Expand the existing parking lot to the south and adapt the existing lot to be ADA
compliant. Remove existing parking lot lighting system and install new lights for
improved security and surveillance. The lighting will be controlled by the Musco sports
lighting system.
Expand existing walking trail with lighting around the perimeter of the park. Add distance
marker signage along walking trail.
Install exercise station with shade structure area funded by CMG and Miami Dolphins.
Install estate fencing at the entrance to the park and install new 6-foot vinyl covered
chain link fence around the remaining perimeter.
Install new landscaping and irrigation system in the park and the paved parking lot.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Miami Carol City Park
Renovate restroom building.
Resurface the four existing basketball courts and install new backboards and rims.
Install a shade structure.
Remove sod from the existing game football field on the south of the park and install an
artificial turf sports field.
Extend the existing Musco sports lighting system to light the practice football field.
Install a scoreboard.
Recondition baseball field and replace backstop and dugout fencing.
Install lighting and distance marker signage along the existing walking trail.
Install bleachers with permanent shade structure for the football field.
Page 135 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 6 of 10
Miami Carol City Park (continued)
Replace the existing wood pavilion with a new pavilion with picnic tables, grills, domestic
water and electricity.
Install a new large pavilion with picnic tables, grills, domestic water and electricity.
Add temporary parking with pavers in the swale area along 187th Street.
Install additional paved parking north of the recreation building and adapt the existing lot
to be ADA compliant. Remove existing parking lot lighting system and install new lights
for improved security and surveillance. The lighting will be controlled by the Musco
sports lighting system.
Install a perimeter chain link fence to improve security at the park. Install estate fencing
at the entrance to the park.
Replace the existing irrigation system for the entire park.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Myrtle Grove Park
Renovate the existing recreation building.
Demolish the existing pool, pool house and all of the pool equipment. Sod the area.
Replace the playground with a new playground with soft rubberized play surface and
shade structure.
Replace two existing tennis courts with two new basketball courts.
Demolish existing basketball courts.
Install additional paved parking to the existing lot and adapt the lot to be ADA compliant.
Remove existing parking lot lighting system and install new lights for improved security
and surveillance. The lighting will be controlled by the Musco sports lighting system.
Pending relocation of the existing Parks and Recreation maintenance facility, construct a
state-of-the-art gymnasium/field house to host Amateur Athletic Union (AAU) basketball
events and other high-profile indoor athletic events.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
North Dade Optimist Park
Install a scoreboard for the newly completed football field.
Install bleachers on the north side of the football field and add permanent shade
structure.
Remove existing baseball backstop, benches, and dugout fencing. Sod the area and
extend the irrigation system.
Extend chain link fence to areas where backstop/dugout fencing was removed.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Page 136 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 7 of 10
Norwood Park
Replace the playground with a new playground with soft rubberized play surface and
shade structure.
Demolish the existing 40 year old recreation building. Construct a new larger Recreation
Building to support the afterschool and summer camp programs.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park.
Resurface and reconfigure the existing parking lot that is shared with Norwood Pool. The
new configuration shall be ADA compliant. Remove existing parking lot lighting system
and install new lights for improved security and surveillance. The lighting will be
controlled by the Musco sports lighting system.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Norwood Pool
Inspect and report on the existing poolhouse, pool and pool equipment to determine
extent of renovation and replacement.
Sand-blast and paint the existing pool. Re-tile the existing pool perimeter. Resurface the
existing concrete pad around the pool.
Repair and replace existing pool pumps, piping, filters and equipment as recommended
by Inspection Report above.
Renovate the existing Poolhouse and make it ADA compliant.
Risco Park
Design and construct a new building for the City’s Science, Technology, Engineering
and Math (STEM) Center. The STEM Center will include Science Labs, Computer Labs,
and other equipment to promote the development of youth through science and
technology innovations.
Design and construct a connecting building for the Audio Visual and Performing Arts
Center. The Center will have music production and recording studios, television studios,
and a presentation room.
Construct a parking lot that is ADA compliant.
Remove and/or reposition existing lighting poles.
Install a new lighting system for the parking lot for improved security and surveillance.
The lighting will be controlled by the Musco sports lighting system.
Install perimeter fencing around the site.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Page 137 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 8 of 10
Rolling Oaks Park
The recently completed Rolling Oaks Pedestrian Trail offers a ¾ mile loop of newly paved
pathways ideal for walking, jogging and biking and features exercise stations, lighting and
benches along the way. The additional work will consist of the following:
Install a new entrance on NW 183rd Street and NW 14th Avenue with an estate fence
and gate on the east and west side of the entrance. Install estate fencing around the
perimeter of the park.
Install new permanent parking lot on the south side of the park near the main entrance
and add additional spaces in the existing permanent parking lot on north side of the
park.
Develop multipurpose sports field with artificial turf.
Install bleachers with permanent shade structures.
Install a scoreboard.
Install Musco sports lighting system to light the multipurpose field.
Construct a new recreation building and remove the trailer being used as a temporary
recreation building.
Install several new pavilions of varied sizes with picnic tables, grills, domestic water and
electricity along the walking trail.
Expand the existing walking trail with additional distance marker signage.
Purchase and install picnic tables and grills throughout the park.
Replace existing playground and swings and install two (2) new playgrounds with a soft
rubberized play surface and shade structure (one on the north and south side of the
park).
Install other family park amenities as acreage allows.
Repair and recoat four existing basketball courts.
Remodel existing public restrooms to be ADA compliant.
Install new landscaping and irrigation system in the park and paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Scott Park
Expand existing recreation building.
Demolish existing Teen building.
Replace the playground with a new playground with soft rubberized play surface and
shade structure.
Resurface two existing basketball courts and install new backboards and rims.
Remove the existing wood rail fencing around the perimeter of the park and install a 6-
foot vinyl covered chain link fence.
Renovate the existing multipurpose field with new sod.
Recondition the existing baseball diamond and replace backstop and dugout fencing.
Install outfield fencing/netting.
Replace the existing irrigation system for the entire park.
Page 138 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 9 of 10
Scott Park (continued)
Replace the sports lighting for the multipurpose field, baseball field and basketball courts
with new Musco lighting and control system. The replacement will reduce the power
consumption by 40% and provide web based controls for the system.
Add temporary parking with pavers in the swale area along three of the perimeter
streets, (176th Street, 15th Court & 179th Street).
Resurface parking lot.
Expand sidewalk around perimeter of the site.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Senior Family Center
Demolish the existing 40 year old one story building.
Design and construct a new building to be used as the City’s Senior Family Center. The
Center will include meeting rooms, a dining room and kitchen, classrooms, workout
rooms, dance studio, locker rooms, indoor track and a pool.
Construct a walking trail with distance marker signage.
Install estate fencing along the perimeter to improve security at the site.
Replace the existing parking lot with a larger parking lot that is ADA compliant. Install a
new lighting system for the lot.
Install new landscaping and irrigation system on the site and the paved parking lot.
Develop a botanical garden.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
St. Thomas University Sports Complex
Development of an outdoor tennis center and ball fields in partnership with St. Thomas
University.
West Miami Gardens/Florida Memorial University Sports Complex
Development of 4.2 acres adjacent to the Miami Dade Public Schools Jan Mann
Education Center to include a soft surfaced track and multipurpose field. The sports field
will host football, soccer and track activities with bleachers, a scoreboard and a Musco
sports lighting system for evening events.
Install a paved parking lot and sidewalks with site lighting.
Install a perimeter fence with a security booth at the entrance into the site.
Construct a Public Restroom and equipment storage building with water fountains.
Install new landscaping and irrigation system on the site and the paved parking lot.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Page 139 of 171
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 10 of 10
Culinary Arts and Hospitality Institute
Design and construct a new building behind City Hall to house Culinary Arts and
Hospitality Institute featuring a multipurpose banquet facility.
Mobile Stage/Show-mobiles
A large and medium size mobile staging system is ideal for outdoor events,
performances and speaking engagements. Sound and lighting equipment will
complement each show-mobile. The Show-mobiles shall be wheelchair accessible.
Automatic License Plate Recognition Systems (ALPRS)
These systems come in mobile configurations, and are installed in marked or unmarked
police vehicles as portable or fixed systems. These systems can alert officers on patrol,
as well as the communications center, of individuals who are traveling through the
municipality in vehicles that are either stolen and can be used to facilitate the tracking of
individuals who may have recently committed crimes. In addition to this function, the
system’s back office application can be used to store and search vehicle license plate
information for investigative purposes.
Deployment Locations for Fixed ALPRS:
ALPRS at 215th Street & 2nd Ave.
ALPRS at 199th Street & 2nd Ave.
ALPRS at 183rd Street & 2nd Ave.
ALPRS at 175th Street & 2nd Ave.
ALPRS at 151st Street & 22nd Ave.
ALPRS at 183rd Street & 37th Ave.
ALPRS at 183rd Street & 47th Ave.
ALPRS at 215th Street & 27th Ave.
ALPRS at 199th Street & 27th Ave.
ALPRS at 183rd Street & 27th Ave.
ALPRS at 151st Street & 27th Ave.
Two Additional Mobile ALPRS
systems (2 additional vehicles) to
augment the MGPD’s single ALPRS
Mobile Command Center Technological Upgrade
The existing Mobile Command Center is an important tool for on scene command and
control at crime scenes and at natural and man-made disaster situations. The current
vehicle has inadequate technology and communications equipment, and is in need of
technological upgrades and retrofit, to be able to fully function as a standalone command
and communications center.
Real Time Crime Center
Real Time Crime Centers (RTCC) are a centralized technology center that gives field
officers and detectives instant information to help identify patterns and stop emerging
crime. They also provide relevant information to improve officer situational awareness,
and actionable intelligence to make the City of Miami Gardens safer. Though tech tools
such as Video Surveillance Cameras and ALPRS, etc. are valuable; without a RTCC to
bring together the terabytes of data that are produced by the technology components,
their effectiveness is diminished.
Nothing contained herein shall prevent the City from making deviations to this Plan based upon
available resources, changes in circumstances, or the identification of additional revenues.
Page 140 of 171
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: May 27, 2015 Item Type:
(Enter X in
box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
x Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: (Enter Fund &
Dept)
Advertising
Requirement:
Yes No
X
Contract/P.O.
Required:
Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
N/A X
Sponsor Name: Cameron Benson,
City Manager Department: Development Services
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED
BY MS REALTY GARDENS, LLC, FOR THE REZONING OF
PROPERTY GENERALLY LOCATED AT NW 159TH STREET
BETWEEN 47TH AVENUE AND NW 45TH AVENUE, MIAMI GARDENS,
FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”
ATTACHED HERETO, FROM R-2, TWO FAMILY DWELLING
RESIDENTIAL TO R-15 MULTIPLE FAMILY DWELLING
RESIDENTIAL; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE
Item M-1) Quasi-Judicial
Ordinance - First Reading
MS Realty Gardens, LLC Rezoning
Page 141 of 171
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
PZ-2015-000605
Staff Summary:
Project Summary/Background
The property is currently vacant. The applicant is requesting a rezoning of the subject property
which is zoned R-2 Two Family Residential to R-15 Multiple Family Residential in order to
develop the property with 20 townhomes. Each unit is approximately 3,000 SF and will include
3 bedrooms, 2 bathrooms and a garage.
Existing R-2 Two Family Residential provides for use and occupancy of one-family detached
and two-family dwellings at low-medium densities, essential services and facilities, and select
public and institutional uses. Townhomes are not permitted. This district implements the 7 to
15 du/ac range of the Neighborhood CDMP land use category.
Proposed R-15 Multiple-Family Residential provides for use and occupancy of one-family
attached and detached, two-family and multiple-family dwellings at low-medium densities,
essential services and facilities, and select public and institutional uses. The R-15 district
implements the 7 to 15 du/ac range of the Neighborhood CDMP land use category.
Analysis
The proposed rezoning to R-15 Multiple Family Residential is generally consistent with the policies,
goals and objectives of the City’s Comprehensive Development Master Plan (CDMP), and satisfies
Section 34-49(f) of the City’s Land Development Regulations (LDRs), which establishes the criteria
for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual
official zoning map designation of a parcel or parcels.
Rezoning of the property will not unduly impact water, sewer, drainage, education, transportation
facilities, roads or recreation facilities. Existing R-2 Two Family Residential district and proposed R-
15 Multiple Family Residential district both implement the 7 to 15 du/ac range of the
Neighborhood CDMP land use category. This proposed residential development accounts for a
lower density than the maximum allowable density of 15 du/ac. Rezoning of the property to R-15
is only intended to allow townhomes, which is not a building type permitted in the existing R-2
district. Townhome is a more appropriate building type that will help spur further development in
the surrounding area.
Fiscal Impact
There is no fiscal impact to the City.
Proposed Action:
Recommend adoption of the Ordinance.
Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Staff Recommendation
Page 142 of 171
1
ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, APPROVING THE 4
APPLICATION SUBMITTED BY MS REALTY GARDENS, 5
LLC, FOR THE REZONING OF PROPERTY GENERALLY 6
LOCATED AT NW 159TH STREET BETWEEN 47TH 7
AVENUE AND NW 45TH AVENUE, MIAMI GARDENS, 8
FLORIDA, MORE PARTICULARLY DESCRIBED ON 9
EXHIBIT “A” ATTACHED HERETO, FROM R-2, TWO 10
FAMILY DWELLING RESIDENTIAL TO R-15 MULTIPLE 11
FAMILY DWELLING RESIDENTIAL; PROVIDING FOR 12
ADOPTION OF REPRESENTATIONS; REPEALING ALL 13
ORDINANCES IN CONFLICT; PROVIDING A 14
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 15
CODE; PROVIDING AN EFFECTIVE DATE 16
17
WHEREAS, the Applicant, MS Realty Gardens, LLC, is the owner of that 18
certain real property generally located at NW 159th Street between 47th Avenue 19
and NW 45th Avenue, and 20
WHEREAS, the Applicant is requesting a rezoning of the subject property 21
which is zoned R-2, Two Family Dwelling Residential to R-15, Multiple Family 22
Dwelling Residential in order to develop the property with 20 townhomes, and 23
WHEREAS, the City’s Planning and Zoning Staff has made a 24
determination that the application is consistent with the Comprehensive 25
Development Master Plan, and recommends approval of the application, and 26
WHEREAS, the City Council has considered the testimony of the 27
Applicant if any, and 28
WHEREAS, the City Council also considered that testimony of the City’s 29
Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and 30
incorporated in by reference, 31
Page 143 of 171
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 1
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 2
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 3
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 4
are hereby made a specific part of this Ordinance. 5
Section 2. APPROVAL: The City Council of the City of Miami Gardens, 6
Florida, hereby approves the application submitted by MS Realty Gardens, LLC, for 7
the rezoning of property generally located at NW 159th Street between 47th 8
Avenue and NW 45th Avenue, Miami Gardens, Florida, more particularly described 9
on Exhibit “A” attached hereto from R-2, Two Family Dwelling Residential to R-15, 10
Multiple Family Dwelling Residential. 11
Section 3. CONFLICT: All ordinances or Code provisions in conflict 12
herewith are hereby repealed. 13
Section 4. SEVERABILITY: If any section, subsection, sentence, 14
clause, phrase or portion of this Ordinance is for any reason held invalid or 15
unconstitutional by any court of competent jurisdiction, such portion shall be 16
deemed a separate, distinct and independent provision and such holding shall 17
not affect the validity of the remaining portions of this Ordinance. 18
Section 5. INCLUSION IN CODE: It is the intention of the City 19
Council of the City of Miami Gardens that the provisions of this Ordinance shall 20
become and be made a part of the Code of Ordinances of the City of Miami 21
Gardens and that the section of this Ordinance may be renumbered or relettered 22
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 23
Page 144 of 171
3
such other appropriate word or phrase, the use of which shall accomplish the 1
intentions herein expressed. 2
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 3
immediately upon its final passage. 4
PASSED ON FIRST READING ON THE _____ DAY OF __________, 5
2015. 6
PASSED ON SECOND READING ON THE ____ DAY OF _________, 7
2015. 8
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 9
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 10
______________, 2015. 11
12
________________________________ 13
OLIVER GILBERT, III, MAYOR 14
15
16
ATTEST: 17
18
19
_________________________________ 20
RONETTA TAYLOR, MMC, CITY CLERK 21
22
23
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 24
25
26
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 27
28
29
Moved by: __________________ 30
Second by: _________________ 31
32
33
VOTE: _________ 34
Page 145 of 171
4
1
2
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 3
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 4
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 5
Councilman David Williams Jr ____ (Yes) ____ (No) 6
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 7
Councilman Rodney Harris ____ (Yes) ____ (No) 8
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 9
10
11
Page 146 of 171
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
PZ-2015-000605
Legal Description
LOT 1, IN BLOCK 5, OF “VENETIAN ACRES”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 44, AT PAGE 92, OF THE PUBLIC RECORDS OF MIAMI –DADE COUNTY, FLORIDA.
Page 147 of 171
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
STAFF RECOMMENDATION
PZ-2015-000605
APPLICATION INFORMATION
Applicant: MS Realty Gardens, LLC
Property Location: NW 159th Street between 47th Ave. and NW 45th Ave.
Property Size: 1.8 Acres (net) 2.52 Acres (gross)
Future Land Use: Neighborhood
Existing Zoning: R-2 Two Family Residential
Requested Action(s):
1. Rezone to R-15 Multiple Family Residential
RECOMMENDATION:
Staff recommends granting the rezoning from R-2 Two Family Residential to R-15 Multiple Family
Residential on the property generally located at NW 159th Street between 47th Ave. and NW 45th
Ave.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Subject Site Neighborhood R-2 Two Family Residential Vacant
North Neighborhood R-2 Two Family Residential Residential
South Neighborhood R-1 Single Family Residential Residential
East Neighborhood R-2 Two Family Residential Residential
West Commerce I-2 Heavy Industrial Warehouse
Project Summary/Background
The property is currently vacant. The applicant is requesting a rezoning of the subject
property which is zoned R-2 Two Family Residential to R-15 Multiple Family Residential in
order to develop the property with 20 townhomes. Each unit is approximately 3,000 SF
and will include 3 bedrooms, 2 bathrooms and a garage.
Page 148 of 171
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
Existing R-2 Two Family Residential provides for use and occupancy of one-family
detached and two-family dwellings at low-medium densities, essential services and
facilities, and select public and institutional uses. Townhomes are not permitted. This
district implements the 7 to 15 du/ac range of the Neighborhood CDMP land use
category.
Proposed R-15 Multiple-Family Residential provides for use and occupancy of one-
family attached and detached, two-family and multiple-family dwellings at low-medium
densities, essential services and facilities, and select public and institutional uses. The
R-15 district implements the 7 to 15 du/ac range of the Neighborhood CDMP land use
category.
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The subject parcel is designated Neighborhood on the Land Use Map of the Future Land Use
Element of the Comprehensive Development Master Plan (CDMP). As outlined in Objective 1.2
of the CDMP, the Neighborhood land use designation applies to areas intended for low and
medium density residential development with supporting commercial and office uses. The
designation of Neighborhood is specifically intended to protect single family homes from
encroachment or intrusion from incompatible land uses.
Policy 2.1.2 of the Future Land Use Element indicates that performance standards for low
medium residential uses shall be established as follows:
Low-Medium Density Residential uses shall generally be limited to the Neighborhood
land use designation.
Staff comment: The site is located within the Neighborhood Land Use Designation.
Low-Medium Density Residential densities shall range from 7 to 15 dwelling units per
gross acre. This density will allow housing types such as zero lot line homes,
townhouses and low-rise apartments with surrounding open space.
Staff comment: The proposed townhouse development has a density of approximately
eight (8) dwelling units per acre.
Low-Medium Density Residential shall be limited to two (2) stories.
Staff Comment: The proposed development will have a total of two (2) stories.
Low-Medium Density Residential shall be located adjacent to public streets classified as
collectors or higher within the Commerce land use category, or arterials if within the
Neighborhood land use designation.
Staff Comment: The site is accessible from NW 167 St which is classified as Principal
arterial, and adjacent to NW 47thAvenue and north of NW 156th Street both classified as
collector streets.
Page 149 of 171
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
Adequate separation and buffer treatment shall be provided to protect adjacent single-
family residential uses.
Staff Comment: The site will be separated from adjacent low-density residential areas
by building setbacks and landscape treatment.
Conclusion: The rezoning request is generally consistent with the policies of the City’s
Comprehensive Development Master Plan.
Anticipated Facilities Impact
General: Concurrency determinations are not finalized during the zoning approval process.
Public Water: Central water appears to be available to this site, and connection shall be required.
Wastewater Disposal: Connection to the public sanitary sewer system is required, unless adequate
capacity in this system is not available, in which case an alternative means of sewage disposal may
be provided.
Drainage/Water Management: All stormwater runoff must be retained on site utilizing a properly
designed system.
Traffic Circulation: There is no indication from the information submitted by the applicant that
proposed development would cause any of the adjacent roadways to operate below acceptable
levels of service (LOS) or that these roadways would not all retain a reasonable level of reserve
capacity.
Education: The City is committed to supporting the Miami Dade County School District’s programs
to improve Miami Gardens’ schools. All residential projects shall fully comply with the District’s
facility requirements including but not limited to the payment of education impact fees and any
additional school facility mitigation fees.
This recommendation to approve the Applicant’s rezoning request does not constitute a final
development order; one or more concurrency determinations will subsequently be required.
Zoning Review and Analysis
The City Council may grant the rezoning of the properties subject to meeting the criteria set
forth in Section 34-49(f) of the City’s Land Development Regulations:
“(f) Criteria for granting of amendments or adoption of changes to the text of the LDRs, or
change of the actual official zoning map designation of a parcel or parcels. The detriments or
benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual
Page 150 of 171
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
official zoning map designation of a parcel or parcels shall not be denied consideration on the
grounds that they are indirect, intangible or not readily quantifiable. In evaluating the
application, among other factors related to the general welfare, the following shall be
considered:
(1) The development permitted by the application, if granted, conforms to the city's
comprehensive development master plan; is consistent with applicable area or
neighborhood studies or plans, and would serve a public benefit warranting the granting
of the application at the time it is considered;
(2) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the environmental and natural resources of the city, including
consideration of the means and estimated cost necessary to minimize the adverse
impacts; the extent to which alternatives to alleviate adverse impacts may have a
substantial impact on the natural and human environment; and whether any irreversible
or irretrievable commitment of natural resources will occur;
(3) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of the city;
(4) The development permitted by the application, if granted, will efficiently use or unduly
burden water, sewer, solid waste disposal, recreation, education or other necessary
public facilities which have been constructed or planned and budgeted for construction;
(5) The development permitted by the application, if granted, will efficiently use or unduly
burden or affect public transportation facilities, including mass transit, roads, streets and
highways which have been constructed or planned and budgeted for construction, and if
the development is or will be accessible by public or private roads, streets or highways.”
Findings of the request pursuant to the rezoning criteria set forth above are as follows:
1. The rezoning request is generally consistent with the policies, goals and
objectives of the CDMP while maintaining the basic intent and purpose of the
Zoning Code.
2. The rezoning will not affect natural resources in the City and does not impact
negatively the stability and character of the area.
3. The rezoning of this property will allow the Applicant to build twenty (20)
townhomes, which would have been otherwise impossible in the existing R-2
district. This proposed residential development accounts for a density of
approximately 8 du/ac, which is below the maximum allowable density of 15
du/ac of the requested R-15 zoning district.
4. The rezoning will not unduly impact water, sewer, drainage, education or
recreation facilities.
5. The rezoning will not impact public transportation facilities, streets or
highways and will be accessible by public roads.
Page 151 of 171
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
Conclusion: The proposed rezoning to R-15 Multiple Family Residential is generally
consistent with the policies, goals and objectives of the City’s Comprehensive Development
Master Plan (CDMP), and satisfies Section 34-49(f) of the City’s Land Development
Regulations (LDRs), which establishes the criteria for granting of amendments or adoption
of changes to the text of the LDRs, or change of the actual official zoning map designation of
a parcel or parcels.
Rezoning of the property will not unduly impact water, sewer, drainage, education,
transportation facilities, roads or recreation facilities. Existing R-2 Two Family Residential
district and proposed R-15 Multiple Family Residential district both implement the 7 to 15
du/ac range of the Neighborhood CDMP land use category. This proposed residential
development accounts for a lower density than the maximum allowable density of 15
du/ac. Rezoning of the property to R-15 is only intended to allow townhomes, which is not
a building type permitted in the existing R-2 district. Townhome is a more appropriate
building type that will help spur further development in the surrounding area.
Attachments:
Legal Description
Survey
Letter of Intent
Proposed Site Improvements
Hearing Map-Zoning
Hearing Map-Aerial
Mailed Notice Radius Map
Page 152 of 171
N
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NW
4
8
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NW 156TH ST
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NW 159TH ST
NW 163RD ST
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AVE
Folio Number: 34-2117-002-1040
City of Miami GardensPlanning & Zoning Division
Subject Property Zoning: R-2
May 20151 inch = 417 feet
«
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R-1
GP
R-2
R-2I-2
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Subject Property
HEARING MAP: ZONING
Page 153 of 171
18605 NW 27th Avenue
Miami Gardens, FL 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: May 27, 2015 Item Type:
(Enter X in
box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
x Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: (Enter Fund &
Dept)
Advertising
Requirement:
Yes No
X
Contract/P.O.
Required:
Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
N/A X
Sponsor Name: Cameron Benson,
City Manager Department: Development Services and
Enforcement
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AMENDING SECTION 34-287 OF THE LAND DEVELOPMENT CODE
TO ALLOW THE WHOLESALE OR FIREWORKS AS A PERMITTED USE;
PROHIBITING RETAIL SALE OF FIREWORKS; ALLOWING THE RETAIL SALE
OR SPARKLERS AS A PERMITTED USE; AMENDING 34-288 TO ESTABLISH
ADDITIONAL REQUIREMENTS FOR THE WHOLESALE OF FIREWORKS AND
RETAIL SALE OF SPARKLERS; AMENDING SECTION 34-733 ENTITLED
“MASTER USE LIST AND DEFINITIONS”; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
Staff Summary:
Item N-1) Quasi-Judicial
Ordinance - Second Reading
Sale of Fireworks
Page 154 of 171
Background
The City’s current Land Development Regulations (LDRs) were adopted in 2010 as a means to promote
development and stable neighborhoods within the City. Regulations where adopted specific to the
development goals of the City to take advantage of the development opportunities along the major
corridors, large commercial areas, and industrial parks. Periodically, and as needed, amendments are
proposed to the regulations to better direct and achieve the City’s development goals as well as address
code compliance issues that arise.
Current Situation
Proposed are amendments to the City of Miami Gardens Land Development Regulations (LDRs) Section
(s) 34-287 Use regulations, generally, 34-288 Uses permitted with extra requirements, and 34-733
Master use list and use definitions.
The City relies on the use of broader land use categories and performance criteria in the Land
Development Regulations to guide new development and redevelopment that provide for complete
neighborhoods without impacting established residential neighborhoods. Although several
amendments have been made to the City’s LDRs since adoption in 2010, as our current code is applied
to projects discrepancies and conflicts are identified.
The purpose and intent of the amendments are as follows:
Provide clarification of the regulations for better implementation and interpretation of the LDRs;
Offer changes to specific regulations to better focus and guide land development due to the
evolvement of the City’s development goals since the original adoption of the LDRs;
Proposed Action:
Recommend adoption of the Ordinance.
Attachments: Exhibit “A” – Proposed LDR Amendments
Page 155 of 171
Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4
34-287 OF THE LAND DEVELOPMENT CODE TO ALLOW 5
THE WHOLESALE OF FIREWORKS AS A PERMITTED 6
USE; PROHIBITING RETAIL SALE OF FIREWORKS; 7
ALLOWING THE RETAIL SALE OF SPARKLERS AS A 8
PERMITTED USE; AMENDING 34-288 TO ESTABLISH 9
ADDITIONAL REQUIREMENTS FOR THE WHOLESALE 10
OF FIREWORKS AND RETAIL SALE OF SPARKLERS; 11
AMENDING SECTION 34-733 ENTITLED “MASTER USE 12
LIST AND DEFINITIONS”; REPEALING ALL ORDINANCES 13
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 14
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 15
EFFECTIVE DATE. 16
17
WHEREAS, the City’s Land Development Code does not address the 18
wholesale distribution of fireworks and sparklers, and 19
WHEREAS, in accordance with Chapter 791 of the Florida Statutes, retail 20
sale of sparklers and the wholesale of fireworks is permitted in the City, and 21
WHEREAS, City staff recommends amending the Land Development 22
Code to allow the retail sale of sparklers and the wholesale of fireworks as a 23
permitted use in the Industrial Districts, 24
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 26
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 27
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 28
are hereby made a specific part of this Ordinance. 29
Section 2. AMENDMENT: Sections 34-287 of the City Codes of 30
Ordinances is hereby amended as follows: 31
Page 156 of 171
Added language is underlined. Deleted language is stricken through.
2
Sec. 34-287. - Use regulations, generally. 1
*************************************************************************************** 2
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-15,
R-25,
R-50
NCPCD
TCO
(§
34-
474
OF I-
1
I-
2 PD AU GP
Industrial Type Uses
Wholesale fireworks in
accordance with Section
791.04, Florida Statutes
□ □□ □ □ □ □ PP □ □ □
Fireworks, retail □ □□ □ □ □ □ □□ □ □ □
Sparklers, retail, in
accordance with Section
791.015, Florida
Statutes
□ □□ □ □ □ □ PP □ □ □
3
Section 3. AMENDMENT: Section 34-288 of the City Codes of 4
Ordinances is hereby amended as follows: 5
Sec. 34-288. - Uses permitted with extra requirements. 6
7
The extra requirements of this section shall be deemed necessary in order 8
for uses subject to such requirements to be considered appropriate and 9
compatible within the applicable zoning districts where such extra requirements 10
apply. 11
*************************************************************************************** 12
(43) Wholesale Fireworks. The sale, distribution and manufacture shall 13
comply with Section 791.04, Florida Statutes, as amended. 14
(44) Sparklers, Retail. The sale, distribution and manufacture shall comply 15
with Section 791.015, Florida Statutes, as amended. 16
17
Section 4. AMENDMENT: Section 34-733 of the City Codes of 18
Ordinances is hereby amended as follows: 19
20
Page 157 of 171
Added language is underlined. Deleted language is stricken through.
3
Sec. 34-733. - Master use list and use definitions. 1
(a) This list includes activities customary to the use. Uses not specifically listed 2
as permitted, or found to the similar or customary with permitted uses, shall 3
be prohibited. 4
(b) This use list shall include all those related uses, but shall be limited to the list 5
of related uses. In the determination of uses not specifically listed, the 6
administrative official shall make the determination as to the appropriate 7
category or deem the use prohibited. 8
(c) The following definitions are provided for convenience. In case of conflict with 9
the definitions in section 34-288, section 34-288 shall prevail. 10
11
APPENDIX A. MASTER USE LIST AND USE DEFINITIONS 12
Use Related Uses Definition
Industrial uses-light (See
section 34-288 for special
requirements)
Wholesale
fireworks.
Fireworks shall be defined in
accordance with Chapter 791,
Florida Statutes.
Sparklers,
retail.
Sparklers shall be defined in
accordance with Chapter 791,
Florida Statutes.
13
Section 5. CONFLICT: All ordinances or Code provisions in conflict 14
herewith are hereby repealed. 15
Section 6. SEVERABILITY: If any section, subsection, sentence, 16
clause, phrase or portion of this Ordinance is for any reason held invalid or 17
unconstitutional by any court of competent jurisdiction, such portion shall be 18
deemed a separate, distinct and independent provision and such holding shall 19
not affect the validity of the remaining portions of this Ordinance. 20
Section 7. INCLUSION IN CODE: It is the intention of the City 21
Council of the City of Miami Gardens that the provisions of this Ordinance shall 22
become and be made a part of the Code of Ordinances of the City of Miami 23
Page 158 of 171
Added language is underlined. Deleted language is stricken through.
4
Gardens and that the section of this Ordinance may be renumbered or relettered 1
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 2
such other appropriate word or phrase, the use of which shall accomplish the 3
intentions herein expressed. 4
Section 8. EFFECTIVE DATE: This Ordinance shall become effective 5
immediately upon its final passage. 6
PASSED ON FIRST READING ON THE 13TH DAY OF MAY, 2015. 7
PASSED ON SECOND READING ON THE ____ DAY OF _________, 8
2015. 9
10
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 11
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 12
______________, 2015. 13
14
________________________________ 15
OLIVER GILBERT, III, MAYOR 16
17
18
19
ATTEST: 20
21
22
_________________________________ 23
RONETTA TAYLOR, MMC, CITY CLERK 24
25
26
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 27
28
29
SPONSORED BY: CAMERON BENSON, CITY MANAGER 30
31
Page 159 of 171
Added language is underlined. Deleted language is stricken through.
5
1
Moved by: __________________ 2
Second by: _________________ 3
4
VOTE: _________ 5
6
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 7
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 8
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 9
Councilman David Williams Jr ____ (Yes) ____ (No) 10
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 11
Councilman Rodney Harris ____ (Yes) ____ (No) 12
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 13
14
15
16
Page 160 of 171
Page 1
Sec. 34-287. - Use regulations, generally.
******************************************************************************************************************
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-15, R-25, R-
50 NCPCD
TCO
(§ 34-
474
OF I-
1
I-
2 PDAUGP
Industrial Type Uses
Wholesale fireworks and
sparklers □ □ □ □□ □ □ P P □□□
Sec. 34-288. - Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such
requirements to be considered appropriate and compatible within the applicable zoning districts where
such extra requirements apply.
******************************************************************************************************************
(43) Wholesale Fireworks. The sale, distribution and manufacture shall comply with Section
791.015, Florida Statutes, as amended.
(44) Whoelsale Sparklers. The sale, distribution and manufacture shall comply with Section
791.015, Florida Statutes, as amended.
Sec. 34-733. - Master use list and use definitions.
(a) This list includes activities customary to the use. Uses not specifically listed as permitted, or found to
the similar or customary with permitted uses, shall be prohibited.
(b) This use list shall include all those related uses, but shall be limited to the list of related uses. In the
determination of uses not specifically listed, the administrative official shall make the determination
as to the appropriate category or deem the use prohibited.
(c) The following definitions are provided for convenience. In case of conflict with the definitions in
section 34-288, section 34-288 shall prevail.
APPENDIX A. MASTER USE LIST AND USE DEFINITIONS
Use Related Uses Definition
Industrial uses-
light (See section
34-288 for special
requirements)
Aircraft and aircraft parts
manufacturing.
Apparel and other fabric and similar-
material finished products
manufacturing, not including dyeing,
finishing and coating of textile products.
Page 161 of 171
Page 2
Apparel and other fabric and similar-
material finished products
manufacturing, including dyeing,
finishing and coating of textile products.
Armature rewinding.
Automatic merchandise machine
operators and servicers.
Bag manufacturing.
Bakery products manufacturing.
Beverage manufacturing.
Boat hiring, except pleasure.
Boat livery, except pleasure.
Boat rental commercial.
Boat yards.
Boathouses.
Boats, except pleasure, wholesale.
Boot and shoe cut stock and findings
manufacturing.
Broom and brush manufacturing.
Burial casket manufacturing.
Canned and preserved food specialties
manufacturing.
Canned fruits, vegetables, preserves,
jams and jellies manufacturing.
Carpet and upholstery cleaning
including the following uses:
Carpet cleaning on customers'
premises.
Catering establishments.
Cleaning and maintenance services.
Coin operated music machine
operators.
Coin operated service machine
operators including scales, shoeshine
machines and lockers.
Commercial testing laboratories.
Communication equipment
manufacturing.
Construction, mining and materials
handling machinery and equipment
Page 162 of 171
Page 3
manufacturing.
Convention decoration services.
Converted paper and paperboard
products manufacturing.
Costume jewelry, costume novelties,
buttons, and miscellaneous notions
manufacturing.
Cutlery, hand tools, and general
hardware manufacturing.
Dairy product manufacturing.
Decoration services for special events.
Die-cut paper and paper and paper
products manufacturing.
Direct selling establishments.
Distribution of advertising materials,
including circulars coupons, handbills,
samples and shopping news
publications.
Distribution of telephone and other
directories.
Doll manufacturing.
Dried and dehydrated fruits, vegetables
and soup mixes manufacturing.
Drive away automobile.
Electric and electronic equipment
repair.
Electric lighting and wiring equipment
manufacturing.
Electrical industrial apparatus
manufacturing.
Electrical transmission and distribution
equipment manufacturing.
Electronic components and accessories
manufacturing.
Engine and turbine manufacturing.
Envelope manufacturing.
Equipment rental and leasing service.
Fabricated structural metal products
manufacturing.
Farm and garden machinery and
Page 163 of 171
Page 4
equipment manufacturing.
Farm product warehousing and storage.
Food specialty freezing and related
packing.
Footwear, except rubber,
manufacturing.
Freezer and locker meat provisioners.
Fruit, fruit juice and vegetable freezing
and related packing.
Wholesale fireworks.
Any combustible or explosive composition
or substance or combination of substances
or, except as hereinafter provided, any
article prepared for the purpose of
producing a visible or audible effect by
combustion, explosion, deflagration, or
detonation. The term includes blank
cartridges and toy cannons in which
explosives are used, the type of balloons
which require fire underneath to propel
them, firecrackers, torpedoes, skyrockets,
roman candles, dago bombs, and any
fireworks containing any explosives or
flammable compound or any tablets or
other device containing any explosive
substance, as defined by Section 791.01,
Florida Statutes, as amended.
Furnace and chimney cleaning.
Furniture and fixture manufacturing.
Furniture cleaning on customers'
premises.
Furniture stripping and refinishing.
Games, toys, and children's vehicle
manufacturing, except dolls and
bicycles.
General industrial machinery and
equipment manufacturing, including all
uses listed in SIC group 356.
Page 164 of 171
Page 5
General warehousing and storage.
Glass products from purchased glass
manufacturing.
Grain mill products manufacturing.
Guided missile and space vehicle parts
manufacturing.
Handbags and other personal goods
manufacturing.
Hardwood veneer and plywood
manufacturing.
Heating equipment, except electric and
warm air, and plumbing fixtures
manufacturing.
Household appliance manufacturing.
Ice dealers, retail.
Industrial laundries.
Jeweler's findings, materials and
lapidary work manufacturing.
Jewelry and precious metal products
manufacturing.
Labeling of bottles, cans and other
containers for the trade.
Laundry cleaning and garment services.
Leather gloves and mittens
manufacturing.
Locker rental, off premises.
Luggage manufacturing.
Mail order houses.
Marinas.
Marine basins, renting and operating.
Marine construction services.
Marine salvaging.
Marine supplies (dunnage), wholesale.
Marine supply dealers.
Marine towing.
Marine transportation, deep sea.
Marine transportation, local water,
ferries and lighterage.
Marine transportation, local water,
towing and tugboat service.
Page 165 of 171
Page 6
Marine transportation, rivers and
canals.
Marine wrecking, salvaging and removal
of underwater hazards.
Marine wrecking, ships for scrap. Ship
and boat building and repair.
Measuring, analyzing and controlling
instrument manufacturing;
photographic, medical and optical
goods manufacturing; and watch and
clock manufacturing.
Metal cans and shipping containers
manufacturing.
Metal slitting and shearing.
Metalworking machinery and
equipment manufacturing.
Millwork.
Miscellaneous advertising services
including the following uses:
Bus card advertising.
Car carding services.
Display advertising services, except
outdoor.
Poster advertising services.
Miscellaneous electrical machinery,
equipment and supplies manufacturing.
Miscellaneous fabricated metal
products manufacturing.
Miscellaneous food preparation and
kindled products manufacturing.
Miscellaneous industrial-type business
services including the following uses:
Apparel pressing services, for the trade.
Batik work and other hand painting on
textiles.
Bronzing baby shoes.
Cloth cutting, bolting, or winding.
Cosmetic kit assembling and packaging.
Cotton inspection services.
Cotton sampler service.
Page 166 of 171
Page 7
Embroidering of advertising on shirts.
Exhibit construction services.
Fire extinguishers, service of.
Float construction services.
Folding and refolding textile products.
Hosiery pairing, on a contract or fee
basis.
Human skeleton preparation, on
material owned by others.
Inspection of commodities.
Laminating photographs.
Liquidators of merchandise, contract.
Mannequin service.
Mounting merchandise on cards,
contract.
Outdoor storage facilities for families
and small businesses.
Packaging and labeling services.
Parcel packing services, contract.
Produce weighing services.
Rug binding for the trade.
Sampling of commodities.
Tape slitting for the trade (cutting
plastic, leather, and other tape into
widths).
Textile folding and packing services.
Textile sponging or shrinking for tailors
and dressmakers.
Tobacco sheeting services, contract or
fee.
Weighing foods and other commodities.
Welcome wagon services.
Miscellaneous machinery, except
electrical, manufacturing.
Miscellaneous small item
manufacturing, except not including
dressing of furs or hand grenades.
Miscellaneous small leather goods
manufacturing.
Miscellaneous sporting and athletic
Page 167 of 171
Page 8
goods manufacturing.
Miscellaneous transportation
equipment
manufacturing.Miscellaneous wood
products manufacturing.
Transit advertising services.
Motion picture and television filming
studios.
Motor freight transportation, local and
long distances.
Motor vehicle body manufacturing and
assembly.
Motor vehicle parts and accessory
manufacturing.
Motorcycle, bicycle and parts
manufacturing.
Music distribution service operators and
servicers.
Music instruments manufacturing.
Office computing and accounting
machinery, and equipment
manufacturing.
Ordinance and accessories
manufacturing, but excluding all
ammunition manufacturing.
Outdoor advertising services.
Paints and allied products
manufacturing.
Paper coating and glazing.
Paperboard container and box
manufacturing.
Particle board manufacturing.
Pens, pencils and other office and
artist's materials manufacturing.
Pickled fruits and vegetables, vegetable
sauces and seasoning, and dressing
manufacturing.
Pottery and related products
manufacturing.
Page 168 of 171
Page 9
Poultry and egg processing.
Pressed and molded pulp goods
manufacturing.
Radio and television receiving
equipment manufacturing.
Radio and television repair.
Refrigerated warehousing.
Refrigeration and air conditioning
service and repair.
Refrigerator and service industry
machinery manufacturing.
Salvaging of damaged merchandise.
Sanitary paper products manufacturing.
Sausages and other prepared meat
products manufacturing.
Screw machine products and bolt, nut,
screw, rivet and washer manufacturing.
Ship and boat building and repairing.
Shops or storage yards of building
construction contractors.
Shops or storage yards of gas system
conversion contractors.
Shops or storage yards for lawn and
garden service contractors, including
the following uses:
Garden maintenance contractors.
Garden planting contractors.
Lawn care contract services.
Public right-of-way lawn mowing and
maintenance.
Sprigging service contractors.
Shops or storage yards of special trade
contractors.
Sign painting and lettering shops, but
not including sign manufacturing.
Signs and advertising displays
manufacturing.
Wholesale sparklers.
A device which emits showers of sparks
upon burning, does not contain any
explosive compounds, does not detonate
Page 169 of 171
Page 10
or explode, is handheld or ground based,
cannot propel itself through the air, and
contains not more than 100 grams of the
chemical compound which produces
sparks upon burning. Any sparkler that is
not approved by the division is classified as
fireworks, as defined in Section 791.01,
Florida Statutes, as amended.
Silverware, plated ware, and stainless
steel ware manufacturing.
Softwood veneer and plywood
manufacturing.
Special industry machinery and
equipment, except metal working
machinery and equipment,
manufacturing.
Special warehousing, except for the
following:
Chemical bulk stations and terminals for
hire.
Petroleum bulk stations and terminals
for hire.
Stationery, tablets and related products
manufacturing.
Structural industry machinery and
equipment, except metal working
machinery and equipment,
manufacturing.
Structural wood members
manufacturing.
Sugar and confectionery products
manufacturing.
Swimming pool cleaning and
maintenance service contractors.
Tank and tank component
manufacturing.
Textile mill products manufacturing.
Tire retreading and repair shops.
Tobacco processing and products
manufacturing.
Page 170 of 171
Page 11
Travel trailer and camper
manufacturing.
Truck trailer manufacturing.
Upholstery cleaning on customers'
premises.
Vegetable fat and oil mills, except not
including animal and marine fat and oil
manufacturing.
Water softener services.
Welding repair services.
Window cleaning services.
Window trimming services.
Wood buildings and mobile homes
manufacturing.
Wood containers manufacturing.
Wood kitchen cabinets manufacturing.
Any combination of storage, research,
fabrication, development, and testing of
finished products intended for end users,
rather than for use by other industries for
additional processing; and other uses that
are compatible with adjacent residential
development provided there is basic
landscaping buffering, access control and
architectural treatment of the industrial
development. The determination of
compatibility is based upon an absence of
negative externalities (noise, glare, smoke,
odor, vibration, etc.) detectable by
humans at the edge of the lot containing
the light industrial use.
Page 171 of 171