6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1 CITY OF SOUTH MIAMI CITY COMMISSION MEETING AGENDA Tuesday, March 5, 2019, 7:00 PM CITY HALL/COMMISSION CHAMBERS 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSON WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE PRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, OR VERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANY MATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNER OTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM MUST BE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT UNTIL THE SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE COMMISSION CHAMBER. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE COMMUNICATION DEVICE, SUCH AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSION IS IN SESSION. PHONE RINGERS AND OTHER DEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF PROCEEDINGS. INDIVIDUALS MUST EXIT THE CHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED BY THE PUBLIC DURING ANY PORTION OF THE MEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.” A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) Ba. A Resolution of the Mayor and City Commission for the City of South Miami, Florida, supporting changes in the statewide calculation of the District Cost Differential (DCD) formula, and urging the Florida Senate and Florida House of Representatives to pass SB 1284 and HB 1031. 3/5 (Mayor Stoddard & Vice Mayor Harris) Reso - Supporting SB1284 HB1031 re Education Funding v1a.doc C. ROLL CALL D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE 1
CITY COMMISSION MEETING AGENDATuesday, March 5, 2019, 7:00 PM
CITY HALL/COMMISSION CHAMBERS6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSIONMEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSONWHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILSTO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THECOMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BEFORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THEPRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, ORVERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANYMATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNEROTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM MUSTBE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT UNTIL THESIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE COMMISSION CHAMBER.PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE COMMUNICATION DEVICE, SUCHAS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSION IS IN SESSION. PHONE RINGERS AND OTHERDEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF PROCEEDINGS. INDIVIDUALS MUST EXIT THECHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED BY THE PUBLIC DURING ANY PORTION OF THEMEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.”
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
Ba. A Resolution of the Mayor and City Commission for the City of South Miami, Florida,supporting changes in the statewide calculation of the District Cost Differential (DCD)formula, and urging the Florida Senate and Florida House of Representatives to pass SB 1284and HB 1031. 3/5 (Mayor Stoddard & Vice Mayor Harris) Reso - Supporting SB1284 HB1031 re Education Funding v1a.doc
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEENREGISTERED WITH THE CITY CLERK
G. PRESENTATIONS
H. APPROVAL OF MINUTES
I. CITY MANAGER’S REPORT
J. CITY ATTORNEY’S REPORT - [City Attorney reminder: Remarks are limited to those mattersthat are not quasi-judicial. Any comment on a quasi-judicial matter may be made when the item iscalled and the speaker is under oath.]
K. PUBLIC REMARKS
L. BOARDS AND COMMITTEES, APPOINTMENTS, ETC.La. John Miller, has been appointed by Commissioner Gil to the Planning Board, as per City
Charter Art. II, Sec. 8 A, for a two-year term ending March 1, 2021. John Miller's board application.pdf
M. COMMISSION REPORTS, DISCUSSION & REMARKS
N. CONSENT AGENDA
1. A Resolution authorizing the City Manager to purchase a Ford F-150 Truck from CogginAutomotive Corp. 3/5 (City Manager-Public Works Dept.) Memo - Coggin Automotive Corp.docReso Coggin_Automotive_Corp Ford 150 (2019)CArev.docxCoggin Quote.pdfREV Piggyback Contract COGGIN FORD (002).pdf
2. A Resolution of the City of South Miami, Florida, establishing a “Mission Statement”. 3/5(City Manager) Memo-Mission Statement 1.docMission_Statement_ResolutionCArev.docx
3. A Resolution authorizing and instructing the City Manager to settle the case of Gonzalez vCity of South Miami (ADA complaint) and instructing the City Manager to take the necessarysteps to comply with the settlement terms and to pay the settlement amount. 3/5 (CityManager-Finance Dept.) Memo ADA Settlement Agreement.docReso ADA Settlement AgreementCArev.docSettlement Agreement and Release.pdf
4. A Resolution of the Mayor and City Commission requesting the Governor and Legislature toprotect the lives of police officers by changing the law to increase the transparency of driverside windows and make it mandatory for drivers at traffic stops to fully lower their windows.3/5 (Commissioner Welsh) Reso re Traffic Stops & Lowering Windows(2)CAChiefrev2..docx
P. RESOLUTION(S) PUBLIC HEARING(S)
5. A Resolution authorizing the City Manager to purchase property located at 7435 SW 66Avenue, South Miami, Florida for the purpose of establishing an additional City park. 3/5(City Manager) Resolution to purchase 7435 SW 66 Ave CA sapsCArev.docxMDBR Ad.pdfMiami Herald Ad.pdf
Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
R. ORDINANCE(S) FIRST READING(S)
6. An Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoningdesignation of the property located at 7800 SW 57 Avenue, and as legally described herein,from "RS-3" Residential and "RO" Residential to "LO" Low-Intensity Office. 3/5 (CityManager-Planning Dept.) Suggested Action: Approval7800 Red Road cover memo.docxApplication Package.pdf20_3.3___Permitted_use_schedule Exh A of Staff report.docORDINANCE Zoning Map Change 7800 Red Road.docNotification Letter Map and Affidavits.pdfFinal PB Regular Meeting Minutes - 09-11-2018.pdfPlanning Board October Meeting Minutes Excerpt.docxDeclaration of Restrictions.docx
S. ADJOURNMENT
PURSUANT TO FLORIDA STATUTE 286.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANYDECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING,HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURETHAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICHTHE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION O1R ADMISSION OROTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWEDBY LAW.
PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START OF REGULARCOMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THECITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR
APPROVED BY THE COMMISSION, AND THE COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANYOTHER SPEAKER.”
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
ANY AGENDA ITEM THAT HAS A QUASI-JUDICIAL WARNING IS CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS OF THE CITYCOMMISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, OTHER THAN AT THE MEETING SCHEDULED TO RESOLVETHE MATTER, UNTIL THE MATTER IS RESOLVED AT A PUBLIC MEETING AND THE MEETING IS ADJOURNED. YOU ARE PROHIBITED FROMMAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A SITE VISIT OR MAKING WRITTEN REQUESTS FORINFORMATION FROM CITY EMPLOYEES AND RECEIVING WRITTEN RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTENREQUESTS FOR INFORMATION AND RESPONSES THERETO MUST BE FILED WITH THE CLERK AND A COPY MUST ALSO BE SENT TO THEPLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBALCOMMUNICATION WITH CITY EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE’S PROPERTY WITHOUTTHEIR PERMISSION. FURTHERMORE, YOU MAY NOT DISCUSS THE MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDINGNEIGHBORS. YOU MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF THIS MATTER INVOLVESLAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND ZONING DIRECTOR. ALL INFORMATION THAT YOU OBTAIN ON THISMATTER, OTHER THAN YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION PROVIDED BY STAFF, MUST BEPRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TOPRESENT THE APPLICATION AND ANY EVIDENCE IN SUPPORT OF THE APPLICATION. IF THERE IS A BREAK IN THE MEETING, YOU MAY NOTALLOW OTHERS TO SPEAK TO YOU ABOUT THE MATTER OR ALLOW THEM TO PROVIDE YOU WITH ANY INFORMATION ABOUT THEMATTER. IF THE MATTER REQUIRES MORE THAN ONE HEARING, YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THEMATTER IS RESOLVED BY A FINAL WRITTEN RESOLUTION OR, IF APPLICABLE, ORDINANCE, AND, EVEN THEN, NOT UNTIL THE MEETING ISADJOURNED. IF YOU RECEIVE AN EMAIL OR ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THEADJOURNMENT OF THE HEARING AT WHICH A FINAL DECISION IS MADE FROM ANYONE OTHER THAN CITY EMPLOYEES ACTING INTHEIR OFFICIAL CAPACITY, YOU MAY READ IT BUT YOU ARE NOT ALLOWED TO RESPOND TO IT AND YOU ARE REQUIRED TOIMMEDIATELY PROVIDE A COPY OF ANY WRITTEN COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THECITY CLERK, AND A COPY MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATEDISSUE. IN ADDITION, IF YOU RECEIVE ANY VERBAL, OR WRITTEN COMMUNICATION (OTHER THAN WHAT HAS ALREADY BEENDELIVERED TO THE CLERK AND THE PLANNING AND ZONING DIRECTOR) YOU ARE REQUIRED TO DISCLOSE IT AT THE PUBLIC MEETINGAND, IF IT WAS VERBAL, YOU ARE REQUIRED TO WRITE A MEMORANDUM THAT INCLUDES THE INFORMATION RECEIVED AND THENAME AND ADDRESS OF THE PERSON PROVIDING THE INFORMATION, AS WELL AS THE DATE, TIME AND PLACE WHERE THECOMMUNICATION TOOK PLACE. THIS DOCUMENT MUST BE DELIVERED AS SOON THEREAFTER AS POSSIBLE TO THE CITY CLERK, AND IFAPPLICABLE TO A LAND RELATED ISSUE, A COPY MUST ALSO BE DELIVERED TO THE PLANNING AND ZONING DIRECTOR.
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC OFFICIAL, AND ANAPPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI-JUDICIAL HEARINGWHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDASTATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURESARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANYPRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EXPARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION ISTO BE MADE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBALEX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANYQUASI-JUDICIAL DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW THEUSE OF EX-PARTE COMMUNICATIONS AS FOLLOWS:
1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION ANDTHE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE, AS SOON AS
PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND MADE A PART OF THE RECORD AT THEHEARING BEFORE FINAL ACTION ON THE MATTER.
2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN COMMUNICATIONTHAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL NOT BE PRESUMEDPREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF THE RECORDBEFORE FINAL ACTION ON THE MATTER.
3. A LOCAL PUBLIC OFFICIAL MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT OPINIONS REGARDINGQUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH ACTIVITIES AND THEEXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE RECORD BEFORE FINALACTION IS TAKEN ON THE MATTER.
4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE PUBLICMEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS CONTRARY TO THOSEEXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THECOMMUNICATION.
IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THECOMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY COMMISSIONHAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD RESULT IN THE ACTIONTAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOTENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISEBY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THEDETRIMENT OF THE CITY AND OTHER PARTIES.
City Commission Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Thomas PepeSubmitting Department: City Attorney Item Type: ResolutionAgenda Section:
Subject:A Resolution of the Mayor and City Commission for the City of South Miami, Florida, supporting changes in thestatewide calculation of the District Cost Differential (DCD) formula, and urging the Florida Senate and FloridaHouse of Representatives to pass SB 1284 and HB 1031. 3/5 (Mayor Stoddard & Vice Mayor Harris)
Suggested Action:
Attachments:Reso - Supporting SB1284 HB1031 re Education Funding v1a.doc
A Resolution of the Mayor and City Commission for the City of South 3Miami, Florida, supporting changes in the statewide calculation of the 4District Cost Differential (DCD) formula, and urging the Florida Senate and 5Florida House of Representatives to pass SB 1284 and HB 1031.6
7WHEREAS, Miami-Dade Delegation Members Senator Manny Diaz and Representative 8
Vance Aloupis have filed bills, SB 1284 and HB 1031, to bring back equitable funding for 9education to Miami-Dade County through changes in the statewide calculation of the District 10Cost Differential (DCD) formula; and11
12WHEREAS, the Florida Price Level Index (FPLI) was created by the Legislature as the 13
basis for the District Cost Differential (DCD), a variable in the Florida Education Finance14Program (FEFP), using cost-of-living differences to represent the cost of hiring comparable 15personnel across school districts; and16
17WHEREAS, for many years the Miami-Dade County School Board has made it a top 18
legislative priority to ensure that any changes to the DCD take into account cost differences 19integral to educational institutions’ operations, reflecting such costs as average teacher salaries, 20health insurance for employees, as well as property insurance, housing, and transportation costs 21per full-time equivalent (FTE); and22
23WHEREAS, in 2004, the Florida Legislature revised how the FPLI is calculated in the24
DCD using wage variation in non-education fields, and since the change in 2004, M-DCPS has 25lost approximately $950 million in potential funding; and26
27WHEREAS, in 2004-2005, M-DCPS’ funding was 39 percent from local funds and 6128
percent from state funds. Currently, 58 percent of our school district funding is from local funds, 29and 42 percent from the state. As a result, the taxpayer in Miami-Dade pays $1,088 from local 30dollars to get $82 state funds. This reduction in state funding to our school district resulted from31the change in the DCD and the addition of the Compression adjustment; and32
33WHEREAS, in November 2015, the Bureau of Economic and Business Research at the 34
University of Florida, the same research institute that proposed the amenity-adjusted index, 35concluded that 58 percent of the variance in teacher salaries across counties is unexplained by 36the current DCD formula; and37
38WHEREAS, Miami-Dade County, with an area median income of $52,300, is in the 39
bottom third of the 67 Florida counties according to the 2018 HUD median area income for 40Florida Counties; and41
42WHEREAS, the high cost of living is pricing out teachers from living in Miami-Dade. 43
According to financial news and opinion website 24/7 Wall St., Miami is the worst city in 44America in which to live. The 2016 study found that “Miami’s median home value of $245,000 45
7
Page 2 of 2
is well above the national median of $181,200. Consequently, most homes are either out of reach 1or a financial burden on most Miami teachers; and2
3WHEREAS, Senator Diaz and Representative Aloupis have integrated into their bills the 4
three recommendations made by the Florida Department of Education (FDOE) in its study to 5improve the Florida Price Level Index used to calculate the DCD for the benefit of all school 6districts across Florida: transparency, accuracy, and fitness-for-purpose; and7
8WHEREAS, the Mayor and City Commission of the City of South Miami supports 9
Senate Bill 1284 and House Bill 1031.1011
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 12COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:13
14Section 1. The Mayor and City Commission hereby urges the Florida House of 15
Representative and the Florida Senate to pass SB 1284 and HB 1031 and to support changes in 16the statewide calculation of the District Cost Differential (DCD) formula.17
18Section 2: The City Clerk shall forward a copy of this Resolution to Governor 19
Ronald Dion DeSantis, Senator Manny Diaz and Representative Vance Aloupis, all members of 20the Florida Senate and House of Representatives, and all municipalities in Miami-Dade County.21
22Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for 23
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 24not affect the validity of the remaining portions of this resolution.25
26Section 4. Effective Date. This resolution shall become effective immediately upon 27
adoption.2829
PASSED AND ADOPTED this ____ day of _____________, 2019.3031
City Commission Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Nkenga PayneSubmitting Department: City Clerk Item Type: ResolutionAgenda Section:
Subject:John Miller, has been appointed by Commissioner Gil to the Planning Board, as per City Charter Art. II, Sec. 8 A,for a two-year term ending March 1, 2021.
Attached Resume: (Optional)Are you a registered voter?Are you a resident of the City?Do you have a business in the City?
Yes K No.Yes A No •
Yes No^—\-
Please be aware that all applicants who are appointed to any City board, commission or committee, as well as allemployees and volunteers, who willprovide any service or who may come into contact with vulnerable persons asdefined in Section 435.02, Fla. Stat (including children and the elderly) in the course of their appointment,employment or volunteerism, must compliance with Level II Background Screening and fingerprintingrequirements asper, Florida Statute Ch. 435. Such individual must have passedthe background screening to thesatisfaction ofthe Citypriorto the appointment to theposition or thestart ofany employment or volunteerism.
CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM
TO: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: March 05, 2019
SUBJECT: A Resolution authorizing the City Manager to purchase a Ford F-150 Truck from Coggin Automotive Corp.
The new Ford F-150 will replace a 2001 Ford Truck #24-75. Truck #24-75has exhausted its useful life due to its continued use throughout the past 18 years. The purchase of the new Truck will eliminate the various costlyrepairs that Truck #24-75 will need. This Truck is currently used for various assignments pertaining to the Public Works Department,including but not limited to, pickup and delivery of landscape materials, delivery of residential garbage containers, debris removal, moving of Public Works supplies & equipment and use during any hurricane/disaster relief.
The City Manager wishes to piggyback on Florida Sheriffs Association Contract No. FSA 18-VEH26-0 with Coggin Automotive Corp, under the Terms and Conditions as set forth in the solicitation agreement between Florida Sheriffs Association and Coggin Automotive Corp.
BACKGROUND: A Resolution authorizing the City Manager to expend an amount not to exceed $33,819 with Coggin Automotive Corp. for the purchase of a Ford F-150 Pickup Truck, charged to account number 301.1720.534.6440 (CIP).
AMOUNT: Not to exceed $33,819
ACCOUNT: Account No.: 301.1720.534.6440 (CIP) has a current balance of $53,476.
SUPPORT: Piggyback Contract with Coggin Automotive Corp.
13
RESOLUTION NO.: _________________________12
A Resolution authorizing the City Manager to purchase a Ford F-150 Truck from 3Coggin Automotive Corp.4
5WHEREAS, the new Ford F-150 will replace Truck# 24-75, a 2001, 4-door, Ford F-250; and6
7WHEREAS, Truck 24-75 has exhausted its useful life due to its continued use throughout 8
the past 17 years; and910
WHEREAS, the purchase of the new Truck will eliminate the various costly repairs that 11Truck 24-75 will need, to continue its usefulness to the Department; and12
13WHEREAS, this Truck is currently used for various assignments pertaining to the Public 14
Works Department, including but not limited to, pickup and delivery of landscape materials, 15delivery of residential garbage containers, debris removal, transporting Divisional staff, moving 16Public Works supplies and equipment and use during any hurricane/disaster relief; and17
18WHEREAS, the City Manager wishes to piggyback on Florida Sheriffs Association Contract 19
No. FSA 18-VEH26-0 with Coggin Automotive Corp.; and2021
WHEREAS, the City of South Miami desires to utilize the Florida Sheriffs Association 22Contract under the Terms and Conditions as set forth in the solicitation agreement between 23Florida Sheriffs Association and Coggin Automotive Corp.24
25NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY 26
OF SOUTH MIAMI, FLORIDA:2728
Section 1. The City Manager is authorized to the purchase of a Ford F-150 Pickup Truck29from Coggin Automotive Corp. for, for an amount not to exceed $33,819 and to charge the 30expense to account number 301.1720.541.6440, CIP Account with a current balance of 31$53,476.00. 32
33Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 34
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall 35not affect the validity of the remaining portions of this resolution.36
37Section 3. Effective Date: This resolution shall take effect immediately upon enactment.38
3940
PASSED AND ENACTED this ____ day of _____________, 2019.414243
10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily
and intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the
Contract Documents or the performance of the Work thereunder.
11. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which may be construed as an original.
12. Notice: All notices to the City shall be sent to: City Manager, 6130 Sunset
Drive, South Miami, Florida 33143.
13. Attorneys’ Fees and Costs: In the event of any litigation between the parties
arising out of or relating in any way to this Agreement or a breach thereof, each party shall
bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right
to be indemnified for any attorney fees incurred in the defense of an action by a person or
entity who is not a party to this Agreement.
14. Indemnification: Notwithstanding anything contained in the contract
between Contractor and Florida Sheriffs Association (FSA) to the contrary, the City does
not waive its sovereign immunity granted by Florida Statutes, Section 768.28, and the City’s
tort liability shall be limited to the waiver of sovereign immunity provided for in Section
768.28.
15. Severability: If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned
representatives of the parties hereto have caused this instrument to be signed in their respective
names by their proper officials on or before the day and year first above written.
19
20
Thomas F. Pepe – 01-11-16
Page 5 of 6
ATTACHMENT A
CONTRACT FOR POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS AND VANS
FLORIDA SHERIFFS ASSOCIATION
• Bid Announcement # FSA18-VEL26-0 • Notice of Award • Cooperative Purchasing Program, Scope of Services &
Terms and Conditions
21
Notice of Bid/Request for Proposal OTHER AGENCIES AND ORGANIZATIONS FLORIDA SHERIFFS ASSOCIATION FSA18-VEL26.0 Police Rated, Administrative, Utility Vehicles, Trucks and Vans
FLORIDA SHERIFFS ASSOCIATION P.O. BOX 12519
TALLAHASSEE, FLORIDA 32317-2519 Invitation to Bid
Cooperative Purchasing Program Bid FSA18-VEL26.0 Bid Number: FSA18-VEL26.0 Bid Title: Police Rated, Administrative, Utility Vehicles, Trucks & Vans Mandatory Pre-Bid Meeting July 10, 2018, 9:00 a.m., ET Pre-Bid Meeting to be held at: Falkenberg Road Jail Assembly Room 520 North Falkenberg Road, Tampa, Florida 33619 Electronic Responses Due: August 20, 2018, 11:30 p.m., ET Digital Bid Documents (sealed bids) Due: August 24, 2018, 5:00 p.m., ET Sealed Bid Submittal Received at: FLORIDA SHERIFFS ASSOCIATION Attn: Cooperative Bid Coordinator 2617 Mahan Drive Tallahassee, FL 32308 The Florida Sheriffs Association and the Florida Association of Counties invite interested vendors, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the “Contract Administrator” in the solicitation process and the administration of the resulting contract. The purpose of this bid is to establish a twelve (12) month contract, beginning October 1, 2018 and ending September 30, 2019, with manufacturer’s authorized dealers for the purchase of 2018-2019 vehicles, trucks and heavy equipment on a “no trade-in basis”. All prospective bidders are required to attend the MANDATORY Pre-Bid Meeting.
BID NUMBER: FSA18-VEL26.0 The Florida Sheriffs Association and Florida Association of Counties invite interested bidders to submit bid proposals for 2018-2019 Police Rated, Administrative, Utility Vehicles, Trucks& Vans. This contract shall be awarded to the lowest and second lowest and best responsive bidder by specification, by manufacturer, by zone. No bidder may withdraw his bid for a period of sixty (60) calendar days after the date set for the posting thereof. Bidders are hereby advised that the Florida Sheriffs Association reserves the right to reject any and all bids, or separate portions thereof, and to waive any irregularity, technicality or omission if the FSA determines that doing so will serve in the FSA’s best interest. The FSA may also reject any Response not submitted in the manner specified by the solicitation documents. FLORIDA SHERIFFS ASSOCIATION By: Steve Casey FSA Executive Director
Date: October 1, 2018 To: All Perspective Participants From: Steve Casey, Executive Director Sarrah Glassner, Deputy Executive Director Annette Grissom, CPP Manager Lisa Gregor, CPP Coordinator Re: Contract Number FSA18-VEL26.0 Police Rated, Administrative, Utility Vehicles, Trucks and Vans
We are pleased to announce that the Florida Sheriffs Association has successfully completed its 26th nationwide cooperative bid for vehicles. This contract is in effect beginning October 1, 2018 through September 30, 2019.
This year’s bid includes 70 specifications and 265 makes and models. It offers police rated, special service, administrative, hybrid vehicles, pick-up trucks, vans, mobility transport and police motorcycles.
The competitive process for this award began in February 2018, when stakeholders were surveyed regarding procurement needs. Specifications were developed based on prior year activity and new additions were added based on survey results and the Fleet Advisory Committee’s review of commodities.
On May 8, 2018, a direct notification was sent to 521 prospective bidders to register for qualification to participate in the bid process. An advertisement of the Invitation to Bid was placed within the Florida Administrative Weekly on May 14, 2018 and again on May 29, 2018. From this ITB, 62 bidders responded to the pre-bid meeting registration. Of these respondents, 30 submitted bids and 28 qualified, responsive bidders were awarded after a review by the FSA Fleet Advisory Committee.
The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions to procure this contract.
Contract prices are extended and guaranteed to any local government or political subdivision of the state, public educational institutions, other public agencies or authorities with the State of Florida, and entities approved by the manufacturer to participate in this contract.
Out of state sales are permitted under this contract. All purchasers are bound by their local governing purchasing ordinances, rules and regulations.
All awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions.
List of Awards for FSA18-VEL26.0 Police Rated, Administrative, Utility Vehicles, Trucks and Vans:
Alan Jay Chevrolet Buick GMC Cadillac Alan Jay Chrysler Jeep Dodge of Wauchula
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Alan Jay Ford Lincoln Alan Jay Nissan, Inc. Alan Jay Toyota Alligator Alley Harley Davidson Auto Nation Chevrolet Pembroke Pines AutoNation CDJR Pembroke Pines Beck Auto Sales Beck Chevrolet Buick GMC Beck Nissan Big Bend Chevrolet Buick Bozard Ford Bruce Rossmeyer's Daytona Harley-Davidson Coggin Chevrolet Coggin Ford Coggin Nissan Coggin Toyota Duval Ford LLC Garber Chevrolet Buick GMC Garber Chrysler Dodge Truck Garber Ford Inc Orlando Freightliner Prestige Ford Stingray Chevrolet Terry Taylor DeLand Nissan Weston Nissan
Company Address City State Zip CodeFirst Name Last Name
Phone Number
Mobile Number Fax Number Email Address
Alan Jay Chevrolet Buick GMC Cadillac 441 US Hwy 27 North Sebring FL 33870 Chris Wilson 813-399-1269 863-381-3411 863-402-4221 [email protected] Jay Chrysler Jeep Dodge of Wauchula 1405 US Hwy 17 South Wauchula FL 33873 Chris Wilson 813-399-1269 863-381-3411 863-402-4221 [email protected] Jay Ford Lincoln 3201 US Hwy 27 South Sebring FL 33870 Chris Wilson 813-399-1269 863-381-3411 863-402-4221 [email protected] Jay Nissan, Inc. 1700 Flare Rd Sebring FL 33870 Chris Wilson 863-402-4234 863-381-3411 863-402-4221 [email protected] Jay Toyota 404 US Hwy 27 North Sebring FL 33870 Chris Wilson 863-402-4234 863-381-3411 863-402-4221 [email protected] Alley Harley Davidson 201 International Parkway Sunrise FL 33325 Sammy Israel 954-414-4135 954-240-0709 954-414-4201 [email protected] Nation Chevrolet Pembroke Pines 8600 Pines Blvd. Pembroke Pines FL 33024 David Fridgant 954-447-2150 954-290-9221 954-441-2004 [email protected] CDJR Pembroke Pines 13601 Pines Blvd. Pembroke Pines FL 33027 Steven Henry 813-399-1269 954-383-1009 954-441-2004 [email protected] Auto Sales 256 Hwy 17 North Palatka FL 32177 Chuck Boner 386-328-8863 386-546-3034 386-328-0891 [email protected] Chevrolet Buick GMC 1601 Reid St Palatka FL 32177 Paul Ferschke 386-385-5555 904-347-7998 386-385-5574 [email protected] Ford Lincoln 420 N Palm Ave Palatka FL 32177 Paul Ferschke 386-385-5555 904-347-7998 386-385-5574 [email protected] Nissan 252 N Hwy 17 Palatka FL 32177 Brandy Sloan 386-385-5555 386-937-9394 386-385-5574 [email protected] Bend Chevrolet Buick 1424 North Young Blvd. Chiefland FL 32626 JC Martin 813-399-1269 863-899-3843 None [email protected] Ford 540 Outlet Mall Blvd St. Augustine FL 32084 Jeff Eason 904-436-6321 904-219-1475 904-829-0596 [email protected] Rossmeyer's Daytona Harley-Davidson 1637 North US Highway 1 Ormond Beach FL 32174 Barry Kuhnly 954-257-2073 954-257-2073 386-671-7077 [email protected] Chevrolet 10880 Philips Hwy Jacksonville FL 32256 Rick Hoening 904-608-4240 904-608-4240 None [email protected] Ford 9650 Atlantic Blvd. Jacksonville FL 32225 Elizabeth Miller 813-399-1269 904-705-5954 904-723-6122 [email protected] Nissan 10859 Philips Hwy. Jacksonville FL 32256 Rick Hoening 904-608-4240 904-608-4240 None [email protected] Toyota 11340 Philips Hwy. Jacksonville FL 32256 Rick Hoening 904-608-4240 904-608-4240 None [email protected] Ford LLC 1616 Cassat Ave. Jacksonville FL 32210 Matthew Forte 904-505-9682 904-505-9682 904-683-9358 [email protected] Chevrolet Buick GMC 3340 Hwy 17 Green Cove Springs FL 32043 Ryan Davis 904-264-2442 904-476-2155 904-284-0054 [email protected] Chrysler Dodge Truck 3408 HWY 17 Green Cove Springs FL 32043 Ryan Davis 813-399-1269 904-476-2155 904-284-0054 [email protected] Ford Inc 3380 Highway 17 Green Cove Springs FL 32043 Todd Brandt 813-399-1269 904-509-4747 904-284-0054 [email protected] Freightliner 2455 S Orange Blossom Trail Apopka FL 32703 Bob Scharpnick 813-399-1269 407-509-6651 407-291-8408 [email protected] Ford 17701 US Hwy 441 Mt. Dora FL 32703 Eric Jore 352-357-5522 407-234-5116 352-357-2939 [email protected] Chevrolet 2002 N Frontage Rd Plant City FL 33563 Peter Popiel 813-473-2002 407-221-7600 813-359-5476 [email protected] Taylor DeLand Nissan 2600 S Woodland Blvd Deland FL 32720 Howard Williams 386-801-4187 386-801-4187 386-734-5743 [email protected] Nissan 3650 Weston Rd. Davie FL 33331 Alex Castano 305-301-1429 305-301-1429 954-888-6848 [email protected]
Appendix A ................................................................................................................................ 45
Appendix B ................................................................................................................................ 46
Appendix C ................................................................................................................................ 47
Appendix D ................................................................................................................................ 48
Appendix E .............................................................................................................................................. 49
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1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE
All correspondence regarding this bid should be directed to the Florida Sheriffs Association “FSA”, using the information shown above. Please be sure to reference the bid number and your contact information. The contact for this bid are: FSA Cooperative Purchasing Program Coordinator
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1.02 PURPOSE
The Florida Sheriffs Association invites interested Bidders, including Motor Vehicle Manufacturers and
Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the Contract Administrator in the solicitation process and the administration of the contract. The purpose of this bid is to establish a twelve (12) month contract, beginning October 1st and ending September 30th, annually with manufacturers and manufacturer’s authorized dealers for the purchase of vehicles and equipment on a “no trade-in basis”.
Trade-ins are not addressed in this contract. If a purchaser has a desire to offer vehicles/equipment for
trade to the vendor, the Purchaser and dealer may do so at their sole discretion, by separate agreement. Under no circumstances shall trade-in transactions be deemed to constitute part of, or to have been conducted pursuant to, this contract.
1.03 TERM OF CONTRACT
This contract shall remain in effect for one (1) year from date of contract execution by the Administrator, and may be renewed by mutual agreement, at the sole option and discretion of the FSA, for up to two (2) additional years, on a year-to-year basis. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month basis only and shall not constitute an implied renewal of the contract. Such a month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. Prior to completion of each contract term, the FSA may consider a price adjustment due to changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics, or as a result of any changes to national or state standards that require substantial cost adjustments, or in the event of material changes in tariffs that result in cost increases of 15% or more.
1.04 ESTIMATED QUANTITIES
In FY 2015-16, eligible users purchased approximately 13,560 vehicles and pieces of equipment from this contract. These estimated figures are given as a guideline for bidders preparing bids. Quantities provided to not guarantee or imply future contract sales. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation.
1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER
The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures.
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It is our practice to give consideration to the prices offered, but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation.
1.06 FUNDING
In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation.
1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar.
1.08 GENERAL DEFINITIONS
The terms used in this contract are defined as the following:
a. Administrator: The Florida Sheriffs Association in its role in administering the solicitation and contract administration process for the Florida Sheriffs Association and the Florida Association of Counties or their designee.
b. Bidder: A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing
Program Administrator in accordance with the Contract Terms and Conditions.
c. Dealer: A manufacture’s certified representative authorized by the manufacturer to market, sell, provide, and service the vehicles/equipment for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled.
d. End User: A term used to distinguish the person who ultimately uses or is intended to use a product
or for whom a product is designed for use.
e. Factory: Refers to the manufacturer; the assembly line.
f. Fleet Advisory Committee (FAC): An employee of a sheriff’s office or other local governmental agency, or any other person who FSA identifies as subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The Fleet Advisory Committee makes recommendations to the Administrator and is not responsible for final awards.
g. Invitation to Bid: A competitive solicitation and award process established through the issuance
of an invitation to vendors, dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications found at https://VeBA.flsheriff.org
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and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations.
h. Manufacturer: The original producer or provider of vehicles or equipment offered on this contract.
i. Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract:
1. Manufacturer’s Computer Printouts; Ford - “Dora”; General Motors - “GM Autobook”; or approved equivalent
2. Chrome Systems, Inc.’s PC Carbook (PC Carbook Plus and PC Carbook Fleet Edition) 3. Manufacturer’s Annual U.S. Price Book 4. Manufacturer’s official website
j. Non-Scheduled Options: Any optional new or unused component not specified, feature or
configuration not included in the base representative vehicle model specifications or options.
k. Production Cutoff: A term used by manufacturers to notify dealers that the factory has reached maximum capacity for orders. Vehicle manufacturers use this term when referring to any given model year for production.
l. Published List Price: A standard “quantity of one” price currently available to government and
educational purchasers, excluding cooperative or volume discounts.
m. Purchaser: A Purchaser is an entity that seeks to obtain vehicles or equipment off this contract by meeting the eligible user criteria or with vendor approval.
n. Purchase Order: A documented agreement formalizing the terms and conditions of this contract
under which a vendor furnishes vehicles or equipment to a purchaser.
o. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished vehicle. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third Party Suppliers may also be referred to as upfitters within this document.
p. Vehicle Bid Award System (VeBA): The online system used for the submission of electronic bids and tabulation of bid results for the specifications connected to this Invitation to Bid.
q. Vendor: The bidder that has been awarded and agrees to provide products, vehicles, or equipment, which meet the requirements and base specifications. The vendor must agree to the contract terms and conditions of the contract before being awarded to the contract.
r. Vendor Installed: A product or service provided by the vendor or other third party; not the factory.
1.09 ELIGIBLE PURCHASERS OF CONTRACT
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Awarded bids, or contract prices, will be extended and guaranteed to any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract to include out of state sales. Vendors are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract.
1.10 LEGAL REQUIREMENTS Federal, State, county laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility.
1.11 PATENTS & ROYALTIES The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work.
1.12 FEDERAL AND STATE STANDARDS
It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the Contract, regarding the commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become a part of the Contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the Administrator immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract.
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1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished.
1.14 AMERICAN WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711.
1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165.
1.16 MINORITY BUSINESS ENTERPRISE (MBE)
The Florida Sheriffs Association Policy is that Minority Business Enterprises (MBE) shall have the opportunity to participate in this invitation to bid. Such process would be for supplying goods and services to FSA and Purchasers.
1.17 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin.
1.18 BEST COMMERCIAL PRACTICES
The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement.
1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
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construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Vendor, supplier, Sub-Vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.20 TAX EXEMPTION
All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply, and appropriate certifications furnished. Purchasers shall comply with all federal, state and local tax requirements. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3.
1.21 TAXES
Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number.
1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest):
1. Addenda to Contract Terms and Conditions, if issued 2. Contract Conditions 3. Addenda to Bid Specifications, if issued 4. Bid Specifications 5. Bidder Instructions 6. General Conditions
1.23 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this procurement. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users.
1.24 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to [email protected] with the bid title and number referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar.
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Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally, and if any verbal clarifications are provided they are without legal effect. Questions received after the cone of silence date listed on the bid calendar will not be addressed. The Administrator reserves the right to address technical questions. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website constitutes proper notice of addenda. The bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided. Failure to acknowledge Addendum shall deem the bid non-responsive; provided, however, that the FSA may waive this requirement in its best interest. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum.
1.25 SIGNED BID CONSIDERED AN OFFER The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the FSA and in case of default on the part of successful Bidder, after such acceptance, the FSA may procure the items or services from other sources. The bid submission must be signed by an authorized representative. An electronic signature may be used and shall have the same force and effect as a written signature.
1.26 ASSIGNMENT OF CONTRACT No right or interest in this Contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. FSA reserves the right to reject the acquiring entity as Vendor. A change of name agreement will not change the contractual obligations of the Vendor.
1.27 TERMINATION OF PRODUCT LINE If an FSA-awarded vendor terminates a product line (manufacturer or brand), the dealer is required to notify the FSA Cooperative Purchasing Program Coordinator within 10 business days of the decision not to retain the product line. In the event a manufacturer reassigns the product line to an alternate dealer, the manufacturer and the vendor are required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the dealer is not already an approved FSA vendor, the dealer is required to apply to the FSA to become an approved vendor prior to conducting any qualified sales. The vendor and
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the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract.
1.28 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards within a specification, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar.
1.29 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA.
The FSA may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance with the FSA in making the award. The FSA may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this Bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation.
1.30 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded.
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By responding to this procurement the vendor warrants that, to the best of his or her 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 Vendor’s ability to satisfy the obligations of the Contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract.
1.31 FINANCIAL RESPONSIBILITY
Bidder affirms by the signature on the contract signature page that the bidder:
• Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid, and has the adequate facilities and personnel to fulfill such requirements;
• Accepts the financial responsibility associated with this bid, and declares that he or she has the access
to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award;
• Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all specifications bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 days from receipt of invoice; and
• Assumes full responsibility that all vehicles delivered to the purchaser are free and clear of all outside liens, encumbrances, security interests apart from the dealer floor plan or other dealer inventory finance security interest.
1.32 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship that meet or exceed federal safety standards. Products requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the Vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards.
1.33 NONCONFORMANCE TO CONTRACT CONDITIONS Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specificiations and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in:
• Vendor's name being removed from the awarded Vendor list.
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• FSA and Purchasers being advised not to do business with vendor.
1.34 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid.
1.35 TIE BIDS In case of tie bids and both businesses have qualifying drug-free work programs, the award will be made using the following criteria:
• Bidder Within the State of Florida
• Dealers performance record with purchasers
• Coin Toss
1.36 RIGHT TO AUDIT
Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify Vendor’s sales.
FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to:
• Accounting records, including paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements;
• Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence.
Vendor shall maintain such records during the term of this Contract and for a period of three (3) years after the completion of this Contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail.
Vendor shall ensure FSA has these rights with Vendor’s employees, agents, assigns, successors, and third party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Vendor and any Sub-Vendors to the extent that those subcontracts or agreements relate to fulfillment of the Vendor’s obligations to FSA.
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Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or overcharges (of any nature) by the vendor to FSA or a customer in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 days) from presentation of FSA’s findings to Vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results.
1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS Where bidders are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable county and municipal code requirements. The bidder shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the bidder or any person the bidder has designated in the completion of the contract as a result of his or her bid.
1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE
Bid Bonds, when required, shall be submitted with the bid in the amount specified in Bidder Instructions. After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Bidder Instructions and/or Insurance Checklist. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available.
1.39 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes.
1.40 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may collectively choose to agree to increase or decrease its product base price in one or more zones to maximize awards thus denying the public a fair price. Examples of Bid Collusion:
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• Cover bidding: a competitor agrees to submit a non-competitive bid that is too high to be
accepted or contains terms that are unacceptable to the buyer.
• Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from consideration.
• Market sharing: a competitor agrees to submit bids only in certain geographic areas or only to certain public organizations.
• Bid rotation: competitors agree to take turns at winning business while monitoring their market shares to ensure they all have a predetermined slice of the pie.
Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Vendors or dealers and their representatives may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealerships which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line.
1.41 DEFAULT Failure or refusal of a bidder to execute a contract upon award or withdrawal of a bid before such award is made, may result in forfeiture of any bid surety required that is equal to damages incurred by the FSA therefrom, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the awarded vendor’s list. In case of default on the part of awarded bidder, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources. A defaulting bidder may be held liable for costs incurred by the FSA in procuring replacement products.
1.42 PROTESTS AND ARBITRATION
Options are for informational purposes only and will not serve as a basis for protest. Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the Administrator within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and
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validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any person who files an action protesting a decision or intended decision pertaining to this contract shall post with the Florida Sheriffs Association at the time of filing the formal written protest or within the five (5) day period allowed for filing the formal written protest, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association.
1.43 NONPERFORMANCE
The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the Administrator shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract.
Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The Administrator has the discretion to remove a noncompliant vendor from future competitive bid solicitations.
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At the Administrator’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the Administrator. In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of three (3) years and up to a permanent ban from the bid process. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or dealer installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order is required by this contract to accept such purchase order and deliver the product. Orders must be fulfilled if the vehicle or equipment is a base model or whether it includes options. The vendor must deliver this product if they were awarded the contract – regardless of profit or loss. Failure to deliver the vehicles or equipment mayresult in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s fees incurred in the recovery of these damages. All terms and conditions are applicable throughout the term of the contract and not any given Year, Make or Model.
1.44 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms.
1.45 TERMINATION FOR CAUSE
If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days, the Contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right.
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In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of off set until such time as the exact amount of damages due the FSA from the vendor is determined.
1.46 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination, which shall become effective 30 days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor 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 vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balanced of the Contract or cancellation charges. Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract.
1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to:
• Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures,
flyers and postcards. Vendors may request the logo by contacting [email protected], and should include a brief description of the how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. The request must include a detailed explanation for intended use of the FSA logo.
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2.0 BIDDER INSTRUCTIONS
2.01 FIRST YEAR BIDDER QUALIFICATIONS In order for bids to be considered, first year Bidders to the Florida Sheriffs Association Cooperative Purchasing Program must provide supporting material with their bid submission to demonstrate that they are qualified to satisfactorily perform as an awarded vendor. Supporting material shall be provided on a thumb drive and shall include:
a. All information necessary to certify that the bidder maintains a permanent place of business; b. A statement from the manufacturer that the bidder is an authorized distributor for the proposed
manufacturer; c. Information that the Bidder has not had just or proper claims pending against them or their
company; d. A listing of contracts for similar services that have been provided to public or private sector clients
within the last three (3) years; e. Shall furnish the names, addresses, and telephone numbers of 5 government agencies for which
the Bidder is currently providing or has provided similar services; and f. A Request for Consideration letter on company letterhead, which shall be dated prior to the bid
submission date, which should include: 1. The length of time the company has been in business; 2. The Dun and Bradstreet and/or Experian Business number; 3. If the company currently sells on a state or federal contract, if so identify which
contract(s); 4. How many years of experience in government sales the company has; 5. Whether the company can accommodate fleets sales., 6. Proof of a business line of credit from the guarantor used to support government fleet
operations; 7. Additional information about the product line; and 8. Whether the company has ever been disqualified from any contract, if so identify which
contract(s).
2.02 LICENSING/FACILITIES
Bidders are required to possess a Florida Motor Vehicle Dealers License in order to bid on any motor vehicle. Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. The Administrator reserves the right to periodically request additional or updated information from a dealer regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA Cooperative Purchasing Program Administrator may also exercise discretion in examining such facility as deemed necessary.
2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and
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description, including legal counsels’ 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 bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor.
The vendor at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the requirements of this section.
The vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist.
No change or cancellation in insurance shall be made without 30 days written notice to the FSA Cooperative Purchasing Program Administrator.
All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein shall be filed within five days of bid award. The certificate must state Bid Number and Title. Vendor may not begin performance under the contract until such Certificates have been approved by the Administrator. Upon expiration of the required insurance, the vendor must submit updated certificates of insurance for as long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract.
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All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the Administrator.
The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement:
The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract.
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction.
The vendor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier.
The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third party suppliers and of persons employed by them as he is for acts and omissions of persons directly employed by him.
Insurance coverage required in this contract shall be in force throughout the contract term. The required Insurance Checklist summarizes the vendor’s insurance obligations, if awarded. The Administrator can request and the vendor shall furnish proof of insurance within seven days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; the Administrator may consider alternate insurance coverage.
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2.04 SPECIFICATIONS
All units covered by this Contract and the detailed specifications shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the bid document. If awarded, bidders must supply a unit that either meets or exceeds all the requirements included in the applicable detailed specifications. The bid specifications are contained at https://VeBA.flsheriffs.org. The FSA base specifications are incorporated in this document by reference. All bidders will be required to provide any information requested on the price sheets, such as manufacturer and model number of various components, or may have their bid rejected.
All equipment, options, and features provided must be designed, constructed, and installed to be fully suitable for their intended use and service.
2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder on the Bid Forms shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension.
2.06 SEALED BIDS
A sealed bid is a completed bid that is submitted in a sealed and unopened container clearly marked with the Bid Title and Number. One electronic copy of the bid submission as well as any other required documentation must be turned in for the bid to be considered for award. Electronic copies shall be submitted on a labeled USB flash drive. Sealed bids should be sent to the attention of FSA Cooperative Purchasing Program Coordinator, Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, FL 32308. Faxed or e-mailed bids will not be accepted.
2.07 EXCEPTIONS, OMISSION AND ERRORS Any exceptions, deviations, or contingencies a bidder may have to specifications or Contract Conditions, Section 3.0 of this document, must be documented in bidder’s submission. Exceptions to the specifications at the time of the bid submission shall reference the section and with a written explanation for the request for exception. At FSA’s discretion, exceptions, deviations, or contingencies to the specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder’s submission.
Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the Administrator of any inaccuracies in the specifications or required submittal documents. All notifications of inaccuracies must be in writing and timely submitted. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications.
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Exceptions, deviations or contingencies to the General Conditions or Bidder Instructions, other than those determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26, may be cause for the rejection of a bidder’s submission.
2.08 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk.
2.09 EQUIVALENTS Bidders must first request approval from the Administrator before submitting a bid that includes an equivalent that will supplement an item on the base specification. The Administrator will determine whether the proposed equivalent is equal to or exceeds the quality, design and construction than the intended replacement item in the base specification. Bidders must provide the manufacturer name and model number (or product identifier) of each equivalent when seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid, cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted, the offerings, specification or entire award can be removed by the Administrator. When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being offered.
2.10 MANDATORY PRE-BID MEETING Prospective bidders are required to attend the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA Cooperative Purchasing Team to meet in person to clarify questions on the terms and conditions and to confirm all base specifications are correct. Bidders have the opportunity to suggest technical modifications or corrections before the specifications are finalized. Questions relating to the specifications, the bid process, or award can be asked at the Pre-Bid Meeting. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested prior authorization, signs a memo of understanding to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof.
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2.11 QUALIFICATION
Prospective bidders are required to complete the qualification forms by the date listed on the Bid Calendar. A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid Meeting. Qualification forms include:
− Drug-Free Workplace Form, − Insurance Checklist, and − Manufacturer Certification Form for each manufacturer bid for Contract FSA18-VEH 16.0 only.
o Note: Manufacturer Certification Forms are not required for Contract FSA 18-VEL26.0. The qualification forms are located in the appendices, and can be found online at: https://www.flsheriffs.org/law-enforcement-programs/cooperative-purchasing-program/bid-announcements. Qualification forms must be submitted by email to [email protected].
2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of 60 calendar days from the date of bid opening. Each specification, make and model must be priced and bid separately. Prices should reflect the final cost the bidder can expect to receive for payment for the specifications bid. These prices must be inclusive of all of the components included in the base specification. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined in Section 3.28. Prices must be Free On Board (FOB) destination. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid.
2.13 OPTION PRICING
The Administrator has the discretion to disqualify bidders if the option pricing is excessive. The bidder shall offer discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any factory add options included in the bid submission and in resulting customer orders, if awarded. Agencies are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond published list price of add options. The additional discounts for each add option shall be decided by the vendor. When calculating the price for a manufacturer’s option requested in this bid that is not listed as an option in the manufacturer’s order guide (i.e. model or engine upgrade), bidder must calculate the option price as
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the difference between dealer cost on the representative base vehicle and total MSRP of the requested option modifying the vehicle. When add options listed are included in the base vehicle, bidder must submit options as “Included” or “STD” for standard. Bidder must use proper factory codes for all factory add options. Options available through the factory MUST be bid and supplied to Purchaser as “factory” options, unless requested otherwise in writing by the Purchaser. Options are intended to add or delete equipment and/or features from the base vehicle specification, and to provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and as such, should not be made available for purchase separate from the base vehicle. Bidders shall NOT use add or delete options to create a piece of equipment that is entirely different than the base unit called for in the specification, or any other options, scheduled or non-scheduled, that do not meet the intention of options as stated above. Bidder must indicate in their bid submission any option requiring the purchase of other options, and also indicate options that are a part or dependent of another option. The use of options to facilitate the sale of an alternate Manufacturer’s product which is outside the scope of the written base specification will be construed as noncompliant and the bid will be rejected in whole or part by the FSA Cooperative Purchasing Program Administrator.
Example: Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on one specification that is offered as a separate specification in the bid solicitation. For example, a Vendor who is awarded the bid for 25,500 lb. GVWR Cab & Chassis cannot upgrade this item through an add option to a 30,000 lb. GVWR Cab & Chassis in order to circumvent the bid award winner for the 30,000 lb. GVWR Cab & Chassis.
Factory package options are allowable under this contract. Factory package options must be included in the add options within the bid document and detailed specifically as to what components the package includes. Prices for options submitted by the bidder for Emergency Vehicle Lighting shall include all applicable state and federal fees and charges, not including installation. Motorcycle pricing will include installation. No additional charges or fees are admissible. Option pricing will include all costs of labor associated with the option and should not be listed separately within the bid document.
2.14 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS Vendors that will install emergency lights and sirens are required to submit their Society of Automotive Engineers (SAE) Certifications at the time of bid submission. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be eligible for participation in the FSA Contract. Vendors that will provide or contract to provide emergency light and siren upfitting must also submit EVT Certifications for the vendor or the designated third party supplier at the time of bid submission. Under Florida Statute 316.003(1), authorized emergency vehicles are defined as:
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Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties.
FSA reserves the right to accept certifications up and until final award.
2.15 SUBMITTAL OF BID
Bidders are required to submit a bid in VeBA. VeBA submissions include pricing for the base specification, option descriptions and option pricing, and any applicable light bar package pricing. In addition to VeBA submissions, FSA requires that vendors submit a complete bid package to FSA on a USB drive. The complete bid backage includes a .pdf copy of the VeBA submission and all other required documentation. Electronic signatures are authorized. However, the Contract Signature document also requires notarization. Notaries can be performed electronically if they meet the statutory requirements. Bids submissions must be received by the date listed on the bid calendar. Late bids will not be considered and VeBA will not accept bids after midnight on the closing date as specified in the Bid Calendar. Vehicle Bid Award System (VeBA) Bidders must submit their bid electronically on VeBA, which is located at https://veba.flsheriffs.org. Bids not submitted within VeBA will be rejected. After the pre-bid meeting, user names and passwords will be issued to qualified bidders. Bidders are encouraged to download and review the instructions located on the home page of VeBA. Instructions for entering and submitting bid specifications, as well as lightbar package pricing, are included on the VeBA site. Questions regarding the use of VeBA should be addressed to [email protected]. Bidders who intend to bid on emergency vehicles are also required to submit their lightbar package pricing through a separate document housed on the VeBA website during the VeBA submission process. Prices are to be rounded to the nearest whole dollar (i.e. $10, not $10.05). Vendors will have the option to use an electronic upload for specification options to VeBA. Instructions and deadlines for this upload will be provided to all interested bidders. Electronic upload of option descriptions is not mandatory and is an alternative method for entering option detail for a bidder’s submission. This option upload does not apply to base specification pricing. If the vendor seeks to utilize the option upload during the bid submission process, the vendor acknowledges that a contractor to FSA will have access to the vendor’s upload data. The contractor has signed a confidentiality agreement agreeing to maintain vendors’ data as confidential and agrees that the data may only be used for the purposes of uploading the option data to the VeBA system. The contractor has acknowledged that any misuse of the data may result in liability to the vendor owning such data and may result in such vendor bringing legal action against the contractor. By using this option upload, the vendor acknowledges that the vendor is solely responsible for ensuring that the data uploaded is accurate and complete. Bid Package Submission
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In addition to submitting the bid via the VeBA system, one electronic copy of the bid package on a labeled USB drive must be delivered to FSA. Bid packages must be labeled with the contract title and number. Mail sealed bid packages to the attention of:
FSA Cooperative Purchasing Program Coordinator Contract: {Enter Contract Title and Number} Florida Sheriffs Association 2617 Mahan Drive Tallahassee, Florida 32308
The bid package must be received at the Florida Sheriffs Association by the date and time specified on the Bid Calendar. Failure to meet all submission requirements by the date indicated in the Bid Calendar will result in rejection of the bid. The USB drive must be labeled with the vendor’s information, and shall include the following documents:
• Executed Contract Signature Page • Cover sheet, found on VeBA; • Applicable licenses or certifications, including but not limited to SAE or EVT certifications • Pricing Sheet for Emergency Vehicle Lighting and Emergency Light and Siren Certifications, if
applicable • One pdf copy of the VeBA bid submission and one build sheet for each specification bid
o Materials for each specification must be housed in a single folder labeled by specification o A build sheet is a document from the bidder or manufacturer that confirms that the
vehicle or equipment bid matches the FSA base specification. If using the manufacturer’s print-out, the document shall indicate the manufacturer’s base model code and display the standard equipment required to provide the base vehicle as outlined in the FSA specification. For example, manufacturer print-outs can include Ford – Dora, General Motors – GM Autobook. Carbook Pro build sheets are acceptable. If vendor installed aftermarket components are required to meet the base vehicle specification and these components must be identified on the build sheet.
• Documentation as required in Section 2.01 for first year bidders • Any requested equivalents or exceptions
By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per vehicle/equipment, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the Administrator’s discretion.
2.16 ZONE BIDDING
Bidders are allowed to bid in one or more geographic zones. The zone map is Appendix B. A space is provided for the bidder to indicate zone bidding. Absence of any indication of a particular zone will mean that bids for each specification will be considered in all zones.
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2.17 EXECUTION OF BID By submitting a response to this Invitation to Bid, the vendor agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature document with the signature of an authorized representative no later than the date of the final award.
2.18 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must withdraw the bid, the bidder must contact the Administrator immediately. Bid withdrawals are handled on a case by case basis, and can result in a limitation of participation in future bids.
2.19 LATE BIDS
Any bid or bids received after time and date specified in the Bid Calendar will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or unavailability other than instances in which the VeBa system is offline, delays incurred by mail or courier service, including U.S. Mail, or any other occurrence. Any reference to time will be based on Eastern Standard Time.
2.20 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar.
2.21 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the Contract.
2.22 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, past performance, or current status 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. In determining a responsible bidder, the following factors may be considered:
• Adequacy of facilities, staffing, and financial resources;
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• Previous experience with FSA contract or other similar government contracts;
• Ability to provide excellent customer service, including previous FSA contracts;
• Any other information relevant to the responsibility of a vendor that FSA is aware of.
In addition to first year bidders, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process if the Administrator determines this information is necessary to award the bid. FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible.
2.23 BASIS FOR AWARD The Administrator shall make awards to the lowest bidder by specification, by manufacturer and by zone to bidders deemed to be responsive and responsible. Awards may also be made to the second lowest bidder by specification, by manufacturer and by zone, if applicable and determined to be in the best interest of the FSA and the purchaser. The Fleet Advisory Committee serves as the initial review for bid submissions. The Fleet Advisory Committee’s review is submitted to the Administrator for final evaluation and determination of award. The add options in the bid shall be for informational purposes only and will not serve as a basis for bid protest. However, the Administrator has the discretion to consider option pricing in making the award if doing so would be in the best interests of the FSA or the purchaser. The Administrator reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest.
2.24 BID WITHDRAWAL
Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening unless otherwise agreed to by the FSA. If a bidders believes that the bidder must withdraw the bid, the bidder must contact the Administrator immediately. Bid withdraws are handled on a case by case basis, and can result in a limitation of participation in future bids.
2.25 BID TABULATIONS The Bid Tabulation report will be posted to the Cooperative Purchasing Program website after the electronic bid process closes as indicated in the Bid Calendar. https://www.flsheriffs.org/law-enforcement-programs/cooperative-purchasing-program/dealers-only If there is a delay in posting the bid tabulation results, the Administrator will post a notice of the delay and a revised date for posting of results.
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2.26 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a vendor to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a vendor to provide clarifying information or additional materials to correct the irregularity. However, the FSA will not request and a vendor may not provide the FSA with additional materials that affect the price of the bid, or give the vendor an advantage or benefit not enjoyed by other vendors. The FSA may also reject any bids not submitted in the manner specified in this document.
2.27 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the FSA Cooperative Purchasing Program website or VeBA, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. Bidders are encouraged to read the instructions and view the tutorial video regarding operation of VeBA. FSA is not responsible for bidder’s improper use of the VeBA system or website. Exceptions will be granted to this section should any website malfunctions occur.
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3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS
Once the bid has been awarded, the terms and conditions of this document become the Contract between the FSA and the awarded vendor. The terms and conditions apply to all vehicles and equipment purchased from this contract.
3.02 STATEMENT OF AUTHORITY
Each person signing the Contract warrants that he/she is duly authorized to do so and binds the respective party to the Contract.
3.03 VENDOR CONTACT INFORMATION The vendor will maintain current contact information with FSA at all times. If a change occurs during the contract, the vendor must notify the Administrator immediately. The Vendor Change Document must be completed, signed by an authorized representative and submitted via e-mail to [email protected]. A sample Vendor Change Document can be found in Appendix A and online at: https://www.flsheriffs.org/uploads/FSA%20Bid%20Award%20Vendor%20Info%20Change%20Document%20REv%205-16A%281%29.pdf.
3.04 OPTION TO RENEW WITH PRICE ADJUSTMENT The contract may be renewed by mutual agreement, initiated at the discretion of the FSA, for up to two (2) additional years, on a year to year basis. The FSA reserves the right to in its sole discretion elect to renew the contract in whole or in part Prior to completion of each exercised contract term, the FSA may consider an adjustment to price due to changes to the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics, or as a result of any changes to national or state standards that require substantial cost adjustments. Prices may be increased or decreased by the percentage change reflected in the nationally published PPI. The Administrator shall determine the PPI based on the initiated timing of the renewal that best reflects adjustments to the economy over the previous 12 months. In the event of changes to national or state standards, the vendor must present verifiable changes in cost to the Administrator. The Administrator will consider the cost changes and will make a final determination on the change in price.
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For any vendor-initiated adjustment to commence on the first day of the renewed contract term, the vendor's request or adjustment should be submitted one hundred and twenty (120) days prior to expiration of the then current contract. The vendor adjustment request must clearly substantiate the requested increase. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period will not be considered.
The FSA reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the FSA.
3.05 ADDITIONS AND DELETIONS
The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and the participating purchasers.
FSA reserves the right to remove, discontinue or suspend the sale or offering of any product within the Invitation to Bid document or existing contract, at its discretion. This decision to take action may be based upon and not limited to:
• Few or no sales;
• Product recalls and other safety issues;
• Dealer/Manufacturer performance; or
• Lack of relevance of products/commodities.
3.06 EQUITABLE ADJUSTMENT
The Administrator may make an equitable adjustment to the contract terms or pricing at its discretion.
3.07 DISCOUNTS
Discounts shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any vehicle, equipment and factory add options.
The dealer has the authority to offer additional discounts based on quantity, as well as additional manufacturer or vendor discounts. Discount ranges are not permissible. Discounts must be a whole, positive percentage with no decimal place (e.g. 10%).
3.08 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this bid shall be the most current model offered, i.e. the most current production model at the time of this bid.
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3.09 PRODUCTION CUTOFF
Vendor shall notify the Administrator in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Notification shall be provided in writing.
Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. If a purchase order has been timely received by the vendor or the manufacturer, and the manufacturer fails to produce or deliver the production year vehicle, the vendor must provide the next year’s equivalent model at current contract prices.
Purchase orders issued and received after the cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the specificaitons, FSA may consider substitutions from the same manufacturer.
3.10 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice.
3.11 SUBSTITUTIONS The FSA or purchasers will NOT accept substitute shipments of any kind. Vendors are expected to furnish the brand quoted in their bid once awarded. Any substitutes will be returned at the vendor’s expense. Delivery of substitutes and the delay in supplying the correct specification can be deemed grounds for termination for default.
3.12 POLICE RATED VEHICLES/MOTORCYCLES
Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These vehicles were historically referred to as “Pursuit Rated”. These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for law enforcement service. To see the full detailed report click or copy the links below. The importance with which each individual phase is weighted in these evaluations is a subjective decision which should be made by each agency based upon that agency’s needs. For the purposes of this bid, the following are recognized authorities:
STATE OF MICHIGAN Department of State Police and Department of Technology, Management and Budget Police Vehicle Evaluation Program
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LASD LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM Vehicles: http://www.la-sheriff.org/s2/static_content/srvc/documents/2017_Vehicle_Test_Booklet.pdf Motorcycles: http://www.la-sheriff.org/s2/static_content/srvc/documents/2017_Motorcycle_Test_Booklet.pdf
3.13 SPECIAL SERVICE VEHICLES: Vehicles in this category in some cases have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These vehicles are often referred to as “Special Service Vehicle” (SSV) and often used in public safety applications and other areas of government. Please refer to manufactures published information for detailed information regarding these vehicles.
3.14 CAB AND CHASSIS PURCHASES
Cab and Chassis can be purchased from the vendor without any required additional fitting by the vendor. If an incomplete chassis is sold to an agency, then the vendor is not responsible for the tag and title. Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted third party supplier. FSA highly recommends that all upfitting of cab and chassis be performed by vendors who are licensed and certified to perform such work to avoid unnecessary exposure to future liability. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases.
3.15 FACTORY INSTALLED
All options specified as factory installed are to be installed on the vehicle at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. No aftermarket and no dealer installed equipment will be accepted as factory installed. Vendors found supplying aftermarket or dealer installed equipment where factory installed are specified may be required to retrieve all delivered vehicles and reorder new vehicles meeting the specifications.
All factory ordered options are to be original equipment manufacturer (OEM) and factory installed unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized.
Aftermarket parts, modifications, and factory produced parts and components ordered and installed by a vendor that do not meet the requirements of factory installed components, will be rejected for noncompliance with the requirements of the specification.
In the event that a component that does not meet the specifications is found installed on a vehicle before or after the vehicle has been accepted by the Purchaser, the vendor shall be required to replace the vehicle
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with a vehicle that meets the required specifications, including factory installed components. In the alternative, the purchaser shall decide whether they will accept dealer installed components.
3.16 VENDOR INSTALLED
All vendor-installed accessories shall be installed according to the manufacturer’s specifications. Examples include roll bar, trailer hitch, etc. All such accessories must be manufactured by an established manufacturer of the product provided. Vendor is required to disclose Make and Model of product being offered and the location, design, and model must be approved by the purchaser prior to installation. Dealer must also disclose the warranty of any item that is less than or exceeds factory vehicle factory warranty coverage.
A vendor that employs a third party supplier or subcontracts technicians to install emergency equipment on vehicles purchased on this contract is required to utilize technicians that are certified in Law Enforcement Vehicle Installation through EVT Certification Commission, Inc. or an approved equivalent.
The Administrator may at any time during the contract period request proof of the required certification. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with Section 1.45 of this Invitation to Bid.
3.17 NON-SCHEDULED OPTIONS
FSA attempts to include scheduled, factory and aftermarket options in the bid document. If a purchaser requests a non-scheduled option that is not included in the bid document, the vendor may provide this non-scheduled option. The purchaser has the opportunity to request the vendor’s discount pricing for any non-scheduled options during the quote process. At no time should the non-scheduled option exceed MSRP or Published List Price. Non-scheduled options should be listed as a separate line item and noted on the purchase order to include the price. All non-scheduled options are covered under these terms and conditions.
3.18 FORCE MAJEURE
A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees 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 vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor.
3.19 DELIVERY TIME Vendors shall specify the estimated delivery time in calendar days for each item. The purchaser should consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.
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3.20 ORDER
The vendor shall submit a copy of the purchase order to the FSA Cooperative Purchasing Program Coordinator within 14 days of receipt from the purchaser. Purchasers shall issue a purchase order to the vendor, which shall include the contract number, specification number, purchaser’s federal identification number, name of point of contact and agency, phone number and email address. Required delivery or due dates should be discussed with the dealer at the time of the quote. It is important to note that vendors do not have ANY control over production delays in schedules from the manufacturer. While it is recommended that an agency purchase from the “zone” which is closest to their location, it is not mandatory to do so. If the purchaser determines that a Vendor in another zone can better serve the purchaser’s needs, the purchaser may buy from a vendor in another zone. Vehicles purchased from vendors awarded in the Police, Administrative, Utility Vehicles, Trucks & Vans contract, outside an awarded zone may, upon mutual agreement between the vendor and the purchaser, charge an Out-of-Zone fee.
The purchaser is required to forward an executed copy of the purchase order to the Florida Sheriffs Association Cooperative Purchasing Program Coordinator at the same time the purchase order is sent to the vendor. Emails or hard copies are acceptable. Emails can be sent to [email protected]. If a vendor receives a purchase order for a specification for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. All vehicles ordered prior to manufacturer’s close of production and in accordance with the contract shall be supplied in the manufacturer’s next model run of that class vehicle even if it requires supplying a later model at the original bid prices. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications of the Contract and the purchase order. It is the vendor’s responsibility to ensure that the vehicle ordered by the purchaser is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver a vehicle that will be fully compatible with all of its options. Any changes that are required to bring a vehicle into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and returned to the purchaser 14 calendar days from receipt of purchase order without notification by the purchaser. The Confirmation of Order form is included in Appendix C. Any additional information needed to complete this form should be obtained from the purchaser. The form may be modified to accommodate each purchaser as necessary.
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3.21 VEHICLE DELIVERY At a minimum, pre-delivery service shall include the following: • Standard Dealer and Manufacturer protocol for new vehicle delivery; • Cleaning of vehicle, if necessary, and removal of all unnecessary tags, stickers, or papers (window
price sticker or supplied line sheet shall remain); • Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle
ratio furnished; • Owner’s manual and warranty manual to accompany each vehicle; and • MSRP list sheet (window sticker) MUST be in the vehicle when it is delivered to the purchaser.
Vehicles that are missing this form, or have forms that have been altered will not be accepted. The vendor shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Vendor shall complete delivery of the vehicle to the purchaser within fourteen (14) calendar days of receipt of the vehicle from the manufacturer or equipment supplier. This deadline shall not apply to vehicles originating as an incomplete chassis. Receipt of a vehicle by the vendor is defined as acceptance of the vehicle from a common carrier at the vendor’s place of business or any third party’s place of business. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a police rated vehicle must use an “OUT OF SERVICE” cover on light bars. All deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchasing agency. However, this requirement shall not apply to incomplete chassis. The purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. All warranties shall begin at the time of delivery to the purchaser. The purchaser’s warranty should not be active for incomplete vehicles or vehicles delivered to an upfitter before final delivery. Vendor shall notify the purchaser no less than twenty four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. Transport deliveries must be unloaded and inspected by purchaser. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor’s expense. All vehicles must contain no less than 1/4 tank of fuel as indicated by the fuel gauge at the time of delivery. For vehicles and equipment that have more than thirty five (35) gallons of capacity, a minimum of ten (10) gallons of fuel must be provided.
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3.22 INSPECTION AND ACCEPTANCE
It is the responsibility of the purchaser to inspect a vehicle for any damages. Each purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable accomodations for inspection cannot be made upon delivery, the purchaser may have up to three (3) days to inspect the vehicle or equipment for acceptance. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. It is the purchaser’s responsibility to thoroughly inspect each vehicle prior to acceptance. Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to inspect the vehicle and compare bid specifications, purchase order and manufacturer’s window sticker or manufacturer’s invoice to ensure vehicle meets or exceeds the requirements of the technical bid specifications and the submitted purchase order. Purchasers should inspect the vehicle for physical damage.
Delivery of a vehicle to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect from specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. Units shall be delivered with each of the following documents completed or included:
1. Copy of Customer’s Purchase Order
2. Copy of the applicable Vehicle Specification
3. Copy of Manufacturer’s Invoice or Window Sticker; Prices may be deleted from the manufacturer’s
invoice
4. Copy of Pre-Delivery Service Report
5. Warranty Certification
6. Owner’s manual
7. If the vendor does not provide the tag and title, then the DHSMV 82040 (Application for Certificate of Title and/or Vehicle Registration) which requires a signature of authorized representative.
Deliveries that do not include the above forms and publications will be considered incomplete and can be refused.
3.23 VEHICLE TAGS AND TITLE
Costs of tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to tag and title work.
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Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the vehicle. Reasonable administrative costs for obtaining temporary tags, tag transfers, and new tags are permitted and can be negotiated between the purchaser and the vendor. All additional costs associated with obtaining, filing and shipping of tags shall be disclosed clearly in the comments section below the applicable option. Administrative costs can include convenience fees, cost reimbursements for filing, obtaining or delivery of tags, or any costs over the original purchase price.
3.24 INVOICING AND PAYMENTS
Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently.
A purchaser has three (3) working days to inspect and accept the vehicles or equipment. The vendor shall be paid upon submission of invoices to the Purchaser after satisfacory delivery and acceptance of the vehicles and/or equipment. The Local Government Prompt Payment Act will apply to ensure timely payment of Vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes.
3.25 WARRANTY REPAIRS AND SERVICE
All warranties shall begin at time of delivery and final acceptance by the purchaser. Failure by any manufacturer’s authorized representative to render proper warranty service or adjustments, including providing a copy of the warranty work order to the purchaser, may subject the vendor to suspension from the approved vendor listing until satisfactory evidence of correction is presented to the Administrator.
3.26 INADEQUATE SERVICE
When vehciles and equipment require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized dealer or other service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory and the vehicle or equipment is redelivered. The provisions of the delivery section shall remain in effect until the redelivery is accomplished. The cost of any transportation required shall be the responsibility of the vendor until the vehicles or equipment are satisfactory and accepted by the purchaser.
Purchase Orders The Vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered late if not submitted fifteen (15) days after the date of the purchase order.
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Vendors should scan a complete copy of the purchase order and attach it as a .pdf. Place the document title in the subject line of the e-mail and send purchase order copies to [email protected]. The files should be named using the following examples:
Examples: County = Florida County, County of PO 12345 ABC County BCC PO 12345.pdf City = Florida City, City of PO 12345 ABC City PO 12345.pdf Sheriff = Sheriff Office of PO 12345 ABC Sheriff PO 12345.pdf Education = Institution Name PO12345 ABC County College PO 12345.pdf
Quarterly Reports
Quarterly reports are the contractual responsibility of each vendor. Quarterly Reports which do not adhere to the required format or are not complete of all purchase orders will be returned to the reporting vendor for correction of deficiencies. All quarterly reports are to be sent to [email protected]. Quarterly Reports must be complete with the name of the dealer and the date. For example, “Spomot Motors, October 30, 2017” would be in the document header. Do not indicate the quarter on the top of the report. Purchase orders are not necessary for the quarterly report. An example of a Quarterly Report is in Appendix D. Quarterly Reports are due no later than the 15th day of the month following the end of the quarter.
Quarterly reports should follow this schedule:
Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Quarter 4: July 1 – September 30 Q4 Report Due: October15
If a vendor has no sales within a quarter, the vendor is required to submit a quarterly report and must indicate “NO SALES THIS QUARTER” on the report. FSA reserves the right to modify the procedure for submitting Quarterly Reports during the term of the contract (including, by way of example, requiring electronic reporting). Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future Quarterly Reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future Quarterly Reports are to be submitted.
3.28 ADMINISTRATIVE FEE
The Florida Sheriffs Association charges three quarters of one percent (.0075) to procure, process and administer the Contract.
FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program
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After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a Quarterly Report. Dealers are to include the administrative fee of three quarters of one percent (.0075) in all base bid prices. The fee should be incorporated into the price at the time of bid submission This fee should also be included on all add options. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a dealer fails to incorporate the administrative fee in its bid pricing. It should never be listed as a separate line item on any purchase order. The administrative fee is based on the total purchase order amount of new vehicles or equipment. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. The administrative fees is the contractual responsibility of each awarded Vendor. By submission of the Quarterly Reports and admistrative fee, the vendor is certifying the accuracy of the reports and deposits. All reports and fee submissions shall be subject to audit by the FSA or their designee. All participating vendors will be responsible for making sure that the Administrator has the contact e-mail address for the person responsible for all Quarterly Reports. There will be no reminders for the Quarterly Reports or the administrative fee.
Checks for the administrative fee can be sent to: Florida Sheriffs Association
Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308
3.29 LIQUIDATED DAMAGES The bidder warrants that the product supplied to the FSA or purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the bidder responsible for same. Failure to submit the administrative fee with accompanying quarterly reports within 15 calendar days following the end of each quarter will result in the imposition of liquidated damages. Vendors failing to submit administrative fees and Quarterly Reports will incur liquidated damages in the amount of $25 for each day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida.
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When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 days can result in disqualification for future solicitations.
Schedule of Liquidated Damages
Failure to submit quarterly report on time $25.00 per day Failure to report a Purchase Order to FSA within the 15 calendar days of the purchase order date
$100.00 per Purchase Order
Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date.
Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will damage the FSA, but by their nature such damaes are difficult to ascertain. Accordingly, the above specified schedule of liquidated damages shall apply to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty, but are instead intended solely to compensate the FSA for damages, and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions.
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Appendix A
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Appendix B
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Appendix C
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Appendix D
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Appendix E
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Thomas F. Pepe – 01-11-16
Page 6 of 6
ATTACHMENT B
CONTRACT FOR POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS AND VANS
1. CONTRACT PRICE & SPECIFICATIONS 2. CITY OF SOUTH MIAMI QUOTATION AND
SPECIFICATIONS
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FLORIDA SHERIFFS ASSOCIATION& FLORIDA ASSOCIATION OF COUNTIES
Name of Dealership Type of Vehicle Zone Base UnitPrice
1/2 TON CREW CAB PICKUP TRUCK - 4X2 (Specification #57)
Alan Jay Chevrolet Buick GMC Cadillac 2019 Chevrolet Silverado 1500 1WT(CC10543) Western $23,924.00
ALT - Garber Chevrolet Buick GMC, Inc. 2019 Chevrolet Silverado 1500 1WT(CC10543) Western $23,998.00
Alan Jay Chevrolet Buick GMC Cadillac 2019 Chevrolet Silverado 1500 1WT(CC10543) Northern $23,724.00
ALT - Garber Chevrolet Buick GMC, Inc. 2019 Chevrolet Silverado 1500 1WT(CC10543) Northern $23,848.00
Big Bend Chevrolet Buick 2019 Chevrolet Silverado 1500 1WT(CC10543) Central $23,520.00
ALT - Alan Jay Chevrolet Buick GMC Cadillac 2019 Chevrolet Silverado 1500 1WT(CC10543) Central $23,724.00
Alan Jay Chevrolet Buick GMC Cadillac 2019 Chevrolet Silverado 1500 1WT(CC10543) Southern $23,774.00
ALT - Auto Nation Chevrolet Pembroke Pines 2019 Chevrolet Silverado 1500 1WT(CC10543) Southern $23,887.00
Coggin Auto (Ford) 2019 Ford F-150 XL (W1C) Western $22,637.00ALT - Bozard Ford 2019 Ford F-150 XL (W1C) Western $23,232.00Coggin Auto (Ford) 2019 Ford F-150 XL (W1C) Northern $22,637.00ALT - Duval Ford LLC 2019 Ford F-150 XL (W1C) Northern $23,133.00Coggin Auto (Ford) 2019 Ford F-150 XL (W1C) Central $22,637.00ALT - Duval Ford LLC 2019 Ford F-150 XL (W1C) Central $23,202.00Coggin Auto (Ford) 2019 Ford F-150 XL (W1C) Southern $22,737.00ALT - Duval Ford LLC 2019 Ford F-150 XL (W1C) Southern $23,212.00 Alan Jay Chevrolet Buick GMC Cadillac 2019 GMC Sierra 1500 1SA (TC10543) Western $24,734.00ALT - Garber Chevrolet Buick GMC, Inc. 2019 GMC Sierra 1500 1SA (TC10543) Western $24,778.00Garber Chevrolet Buick GMC, Inc. 2019 GMC Sierra 1500 1SA (TC10543) Northern $24,578.00ALT - Alan Jay Chevrolet Buick GMC Cadillac 2019 GMC Sierra 1500 1SA (TC10543) Northern $24,684.00Alan Jay Chevrolet Buick GMC Cadillac 2019 GMC Sierra 1500 1SA (TC10543) Central $24,534.00ALT - Garber Chevrolet Buick GMC, Inc. 2019 GMC Sierra 1500 1SA (TC10543) Central $24,678.00
Alan Jay Chevrolet Buick GMC Cadillac 2019 GMC Sierra 1500 1SA (TC10543) Southern $24,684.00ALT - Garber Chevrolet Buick GMC, Inc. 2019 GMC Sierra 1500 1SA (TC10543) Southern $24,778.00 Terry Taylor DeLand Nissan 2019 Nissan Titan S (38119) Western $27,908.00 2019 Nissan Titan S (38119) Western -- NB --Terry Taylor DeLand Nissan 2019 Nissan Titan S (38119) Northern $27,833.00 2019 Nissan Titan S (38119) Northern -- NB --Terry Taylor DeLand Nissan 2019 Nissan Titan S (38119) Central $27,742.00 2019 Nissan Titan S (38119) Central -- NB --Terry Taylor DeLand Nissan 2019 Nissan Titan S (38119) Southern $27,769.00 2019 Nissan Titan S (38119) Southern -- NB -- AutoNation CDJR Pembroke Pines 2019 Ram 1500 Tradesman (DS1L98) Western $19,566.00ALT - Beck Auto Sales 2019 Ram 1500 Tradesman (DS1L98) Western $19,787.00AutoNation CDJR Pembroke Pines 2019 Ram 1500 Tradesman (DS1L98) Northern $19,486.00ALT - Beck Auto Sales 2019 Ram 1500 Tradesman (DS1L98) Northern $19,732.00AutoNation CDJR Pembroke Pines 2019 Ram 1500 Tradesman (DS1L98) Central $19,536.00ALT - Alan Jay Chrysler Jeep Dodge of Wauchula 2019 Ram 1500 Tradesman (DS1L98) Central $19,674.00AutoNation CDJR Pembroke Pines 2019 Ram 1500 Tradesman (DS1L98) Southern $19,536.00ALT - Alan Jay Chrysler Jeep Dodge of Wauchula 2019 Ram 1500 Tradesman (DS1L98) Southern $19,674.00 Coggin Toyota 2019 Toyota Tundra SR5 CrewMax (8259) Western $31,798.00 2019 Toyota Tundra SR5 CrewMax (8259) Western -- NB --Coggin Toyota 2019 Toyota Tundra SR5 CrewMax (8259) Northern $31,549.00 2019 Toyota Tundra SR5 CrewMax (8259) Northern -- NB --Coggin Toyota 2019 Toyota Tundra SR5 CrewMax (8259) Central $31,598.00 2019 Toyota Tundra SR5 CrewMax (8259) Central -- NB --Coggin Toyota 2019 Toyota Tundra SR5 CrewMax (8259) Southern $31,798.00 2019 Toyota Tundra SR5 CrewMax (8259) Southern -- NB --
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FLORIDA SHERIFFS ASSOCIATION& FLORIDA ASSOCIATION OF COUNTIES
1/2 TON CREW CAB PICKUP TRUCK - 4X2SPECIFICATION #57
2019 Ford F-150 XL (W1C)The Ford F-150 XL (W1C) purchased through this contract comes with all the standard equipment as specified by the manufacturerfor this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle baseprice as awarded by specification by zone.
ZONE: Western Northern Central Southern BASE PRICE: $22,637.00 $22,637.00 $22,637.00 $22,737.00
While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipmentitems most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going tovary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options whichallow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total costof the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items youwish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine theapproximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone whenpreparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, thoselisted here must be honored by the dealers in your zone at the stated prices.
79
Order Code Delete Options All Zones AM/FM stereo radio Std Air conditioning Std
D85A 1 Power Windows and Door Locks $215.001
Keyless Entry REMOVE 85A TO DELETE KEYLESS ENTRY 1
NA1
Full size spare tire and rim Std Programmed Key Fob REMOVE 85A TO DELETE KEYLESS ENTRY 1
NA1
Order Code Add Options All Zones 99P 1 Engine upgrade - specify
Engine: 2.7L V6 EcoBoost 1 $994.001
995 1 Engine upgrade - specify Engine: 5.0L V8 1
$1,994.001
99B-446 1 Bi-fuel model - specify $314.001
98G 1 CNG model - specify $314.001
CNG 1 CNG conversion (discuss with dealer) CALL DEALER FOR OPTIONS 1
$15,000.001
LPG conversion (discuss with dealer) NA Battery, 650 cca or greater NA Dual batteries NA
W1C/XLT 300A 1 Manufacturer's model upgrade package (specify pkg. bid) 300A Equipment Group 300A Base Includes: -Engine: 3.3L V6 PDFI Includes auto start-stop technology and flex-fuelcapability. -Transmission: Electronic 6-Speed Automatic Includes selectable drive modes: normal/tow-haul/sport. -3.55Axle Ratio -GVWR: 6,280 lbs Payload Package -Tires: P245/70R17 BSW A/S -Wheels: 17" Silver Painted Aluminum-Cloth 40/20/40 Front Seat Includes 4-way adjustable driver/passenger headrests, manual driver/passenger lumbar andarmrest with storage. -Radio: AM/FM Stereo/Single-CD Player Includes 6 speakers. -SYNC Includes enhanced voicerecognition communications and entertainment system, 911 assist, 4.2" LCD display in center stack, Applink and 1 smartcharging USB port. 1
$4,315.001
50S 1 Speed control $224.001
Tilt steering wheel Std Passenger dome lamp Std Bucket seats in lieu of bench seat NA
168 1 Carpet in lieu of rubber floor covering $144.001
VEHICLE: F-150 XL (W1C)DEALER: Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford)ZONE: Western Northern Central SouthernBASE PRICE: $22,637.00 $22,637.00 $22,637.00 $22,737.00
80
FM 1 Floor mats ALL WEATHER FLOOR MATS 1
$394.001
924 1 Deep tinted glass FACTRORY TINT FOR LEGAL DARKEST TINT $289 FOR REG CAB ~~//~~ ADD $49 FOR SUPER OR CREWCAB 1
$99.001
Sliding rear window NA 58B 1 AM/FM radio with single CD $289.001
On-Star NA 58C 1 Satellite radio $484.001
18B 1 Cab Steps $249.001
Side air bags Std W1C/141 1 Long bed in lieu of short bed
LR-SPOT 1 Left & right-hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed $1,020.001
R/V-S 1 Vent visors - stick-on style FRONT 2 DOORS~~//~~ ADD $49 FOR SUPER OR CREW CAB 1
$160.001
R/V-F 1 Rainshields - flange style FRONT 2 DOORS~~//~~ ADD $49 FOR SUPER OR CREW CAB 1
$169.001
BUGS 1 Bug shield $200.001
54M-54Y 1 Trailer tow mirrors $394.001
WGG 1 Wrap-around grille guard WESTIN SPORSTMAN/STERLING VEHICLE SPECIFIC WRAP AROUND GRILL GUARD,ADD 525 FOR WINCHMOUNT AND PLATE. ~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** 1
$1,595.001
ATB 1 Aluminum tool box HD ALUMINUM DIAMOND PLATE LOW PRO TOOL BOX 18"DEPTH ~/~~85 GALLON FUEL N TOOL COMBOW/LSHAPED FUEL TANK, TOOL BOX, 13GPM FUEL TRANSFER PUMP, HOSE NOZZLE & GPI INLINE DIGITALFLOW METER =$1946~~//~~ SADDLE BOX W/ SINGLE LID & TWO BED RAIL MOUNTED SIDE TOOL BOXES$1269 REQUIRES 157"WB. ~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** CALL FOR OPTIONSON SIZES, DEPTHS OR OTHER IDEAS. 1
$545.001
96P 1 Bedliner DROP INLINER 1
$349.001
96W 1 Spray-on bedliner (Rhino, Line-X or approved equivalent) ~~//~~ FACTORY~~//~~DEALER INSTALLED SPRAY IN LINER $660 1
$494.001
Tow hooks NA 53B/2BB 1 Class IV hitch and ball
DRAW BAT 2"BALL, PIN~~//~~2 5/16" BAR & BALL AND $35~~//~~ DEALER INSTALLED HD CLASS IV W/2.5RECIEVER, 7 PIN WIRE HARNESS, SOLID STEEL SHANK DRW BAR, 2 5/16" BALL-PANTILE HOOK COMBO ADD$185 1
$598.001
8KW 1 8,000 lb. winch with remote REQ WRAP AROUND GRILL GUARD WITH WINCH MOUNT PLATE ~~ **CONTACT DEALER FORMULTI-OPTION DISCOUNT** 1
$1,295.001
53A/2BB 1 Heavy duty towing package up to 5,000 lbs. with appropriate hitch INCLUDES 2"BAR & BALL 1
$625.001
VEHICLE: F-150 XL (W1C)DEALER: Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford)ZONE: Western Northern Central SouthernBASE PRICE: $22,637.00 $22,637.00 $22,637.00 $22,737.00
81
53C/XL9/996 1 Heavy duty towing package up to 7,200 lbs. with appropriate hitch MAX TRAILER TOW PACKAGE INCLUDES REQUIRED 3.5L V8 ECOBOOST 10 SPEED TRANSMISSION, XL BASE:SMART TRAILER TOW CONNECTOR, 4-PIN/7-PIN WIRING. CLASS IV TRAILER HITCH RECIEVER, UPGRADEDFRONT STABALIZER BAR, AUXILLARY TRANSMISSION OIL COOLER ( PRO- TRAILER BACKUP ASSIST (47E) ISOPTIONAL ON X1E. 101A ( 47E REQUIRES 76C AND ADD $394) 1
$3,200.001
FTC 1 Fiberglass tonneau cover (painted to match) UNDER COVER BLACK COMPOSITE TONNEAU COVER =$1490, ~~//~~ FACTORY HARD TRI-FOLD TONNEAUCOVER $1395~~//~~~ FOR RETRAX BRAND LOCKING RETRACTABLE COVER USE $1446~~//~~ ROLL-N-LOCKVEHICLE SPECIFIC LOCKABLE COVER $1895) ~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** 1
$1,895.001
F/TOP 1 Fiberglass cab high topper with front, side and rear windows (painted to match) FOR ACCESS WINDOWS IN LIEU OF FIXED GLASS ADD $485 ~~ **CONTACT DEALER FOR MULTI-OPTIONDISCOUNT** 1
$2,450.001
942 1 Daytime running lights $44.001
Immobilize daytime running lights Std Nitrogen filled tires including spare tire NA Midbox body option NA
S/CP 1 Steel truck cap SWING REAR DOORS W/VERT. GLASS ADD $488 SPACE KAP OR COMPARABLE-6"( TRANSFERABLE BODY)BODY CAN BE PLACED IN ANY 8' TRUCK BED. EASLIY TRANSFERABLE. ALSO AVAILABLE FOR 8'TRUCKBED~~//~~ ADD CONTRACTOR BIN PACKAGE FOR $1445 ADD SERVICE PKG FOR $3100 ~~ **CONTACTDEALER FOR MULTI-OPTION DISCOUNT** 1
$4,500.001
C/SLDSH 1 Cab shield headache rack (protects back of cab) ~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** 1
$598.001
P/RCKPREP 1 Pipe rack w/expanded metal basket over cab (for pickup bed) ~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** 1
$1,850.001
Pipe rack w/expended metal basket over cab (for utility body) ~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** 1
NA1
S/LR 1 Single ladder rack side mounted (specify street or curbside) STEEL LADDER RACK ~~ FOR ALUMINUM ADD $825 ~~ **CONTACT DEALER FOR MULTI-OPTIONDISCOUNT** 1
LG12//WHLB54 1 Optional equipment - specify 1200LB LIFT GATE~~//~~ WHELEN 54" FULL LIGHTBAR USE $2986~~ FOR FEDERAL SIGNAL DEDUCT$500~~ **CONTACT DEALER FOR MULTI-OPTION DISCOUNT** 1
$2,985.001
LABOR/4/CSLED 1 Optional equipment - specify FOUR CORNER STROBES~~ ~~~DOT SAFTY KIT: FIRE EXTENGUISHER, 3 SAFETY TRIANGLES & FIRST AIDKIT $269 ~~~LABOR HOURLY RATE $115 ~~//~~ 3K FOR VALET KEY $110 KEY FOB ADD $275 1
$785.001
BED/UPGRADE 1 Optional equipment - specify BED SIZE UPGRADE: UPGRADE TO AN 8FT BED FROM A 6FT BED 1
$1,305.001
TEMP 1 Temporary tag $45.001
TRANS 1 Transfer existing registration (must provide tag number) $189.001
NEW 1 New state tag (specify state, county, city, sheriff, etc.) $215.001
VEHICLE: F-150 XL (W1C)DEALER: Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford)ZONE: Western Northern Central SouthernBASE PRICE: $22,637.00 $22,637.00 $22,637.00 $22,737.00
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MP 1 Maintenance Plan - specify NA1
MP 1 Maintenance Plan - specify NA1
MP 1 Maintenance Plan - specify NA1
WAR 1 Warranty - specify NA1
WAR 1 Warranty - specify NA1
WAR 1 Warranty - specify NA1
VEHICLE: F-150 XL (W1C)DEALER: Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford) Coggin Auto (Ford)ZONE: Western Northern Central SouthernBASE PRICE: $22,637.00 $22,637.00 $22,637.00 $22,737.00
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FLORIDA SHERIFFS ASSOCIATION& FLORIDA ASSOCIATION OF COUNTIES
1/2 TON CREW CAB PICKUP TRUCK - 4X2SPECIFICATION #57
2019 Ford F-150 XL (W1C)
(Alternate Dealer Option)The Ford F-150 XL (W1C) purchased through this contract comes with all the standard equipment as specified by the manufacturerfor this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle baseprice as awarded by specification by zone.
ZONE: Western Northern Central Southern BASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipmentitems most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going tovary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options whichallow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total costof the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items youwish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine theapproximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone whenpreparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, thoselisted here must be honored by the dealers in your zone at the stated prices.
84
Order Code Delete Options Western
Northern& Central& Southern
D587 2 AM/FM stereo radio DUVALFORD: na 2
NA NA2
D572 2 Air conditioning DUVALFORD: na 2
NA NA2
D-85A 1 D85A 2
Power Windows and Door Locks DUVALFORD: Deletes: Manual-folding, Power Glass Sideview Mirrors with Black Skull Caps ? IlluminatedEntry ? MyKey® ? Perimeter Alarm ? Power Locks with Flip Key and Integrated Key Transmitterkelyess-entry (includes Autolock) ? Power Tailgate Lock ? Power Windows (front on Regular Cab, front andrear on SuperCab and Crew) 2
$475.001 $375.002
D948 2 Keyless Entry DUVALFORD: Requires D85A, Included with D85A 2
NA NC2
51X 2 Full size spare tire and rim DUVALFORD:Retains Carrier 2
NA $25.002
DF 2 Programmed Key Fob DUVALFORD: Requires D85A, Included with D85A 2
NA NC2
Order Code Add Options Western
Northern& Central& Southern
99P-44G 1 99P 2
Engine upgrade - specify 2.7L ECOBOOST ENG 1 DUVALFORD: 2.7L V6 EcoBoost® with Auto Start-Stop Technology (NA on 4x4 with 157" or 163.7" WB) –Standard on 4x2 with 157" or 163.7" WB. INCLUDES 44G: Electronic Ten-Speed Automatic Transmissionwith Selectable Drive Modes: Normal/Tow-Haul/Snow-et/EcoSelect/Sport (standard w/3.5L V6 EcoBoost®,2.7L V6 EcoBoost® (99P) & 5.0L V8 (995) engines) 2
$994.001 $994.002
995-44G 1 994 2
Engine upgrade - specify 5.0L V-8 ENG 1 DUVALFORD: 3.5L V6 EcoBoost® ) with Auto Start-Stop Technology. INCLUDES 44G: ElectronicTen-Speed Automatic Transmission with Selectable Drive Modes: Normal/Tow-Haul/Snow-et/EcoSelect/Sport(standard w/3.5L V6 EcoBoost®, 2.7L V6 EcoBoost® (99P) & 5.0L V8 (995) engines). $1599 When 2.7L isStd engine / $599 when 5.0L is Standard engine. 2
$1,994.001 $2,594.002
995 2 Bi-fuel model - specify DUVALFORD: 5.0L V8 with Auto Start-Stop Technology and Flex-Fuel Capability. $999 with Long Wheelbase – . INCLUDES 44G: Electronic Ten-Speed Automatic Transmission with Selectable Drive Modes:Normal/Tow-Haul/Snow-et/EcoSelect/Sport (standard w/3.5L V6 EcoBoost®, 2.7L V6 EcoBoost® (99P) &5.0L V8 (995) engines) 2
NA $1,994.002
98G 1 98G 2
CNG model - specify REQ 5.0L V-8 ENG 1 DUVALFORD: CNG/Propane Gaseous Engine Prep Pack (req. 995 5.0L V8 engine) (NA with SpecialEdition Package 61X) 2
$314.001 $314.002
98G-CNG 1 CNG 2
CNG conversion (discuss with dealer) REQ 5.0L V-8 ENG 1 DUVALFORD: 15.1 GGE CNG Conversion for Ford F150, ADD $500 for 23.5 GGE CNG Conversion forFord F150. Requires: 98G and 995 2
$13,996.001 $13,000.002
VEHICLE: F-150 XL (W1C) (ALTERNATE DEALERS)DEALER: Bozard Ford Duval Ford LLC Duval Ford LLC Duval Ford LLCZONE: Western Northern Central SouthernBASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
85
98G-LPG 1 LPG 2
LPG conversion (discuss with dealer) REQ 5.0L V-8 ENG 1
$13,996.001 NA2
Battery, 650 cca or greater Battery — maintenance-free 70-AH (610 CCA), 80-AH (730 CCA) 2
NA Std2
Diesel 2 Dual batteries DUVALFORD: 850 cca 92AH absorbent glass mat AGM Battery. Dual Battery NA. REQUIRES Diesel Engine (NA for Regular Cab) Where applicable use
code 991 @ $4994. (Diesel Price is $3999 ilo 2.7L when std / $2999 ilo 5.0L when Std) Includes �3.0L 4 Valve DOHC Power Stroke® V6 Turbo Diesel B20
with Auto Start-Stop Technology (NA 163.7” WB; reqs. Manual-folding, Power Glass Sideview Mirrors (54R) or Manual-folding, Manually Telescoping,
Power Glass Trailer Tow Mirrors (54Y), Privacy glass with Rear-Window Defroster (924/57Q) and XL Power Equipment Group (85A)) 2
NA NA2
627* 2 7,700 lbs. GVWR DUVALFORD: Increases GVWR to 7850 lbs., Not available with: • 2.7L V6 EcoBoost® engine (99P) • 3.0LV6 Power Stroke® Diesel engine (991) • 122” WB • 145” WB • XL/XLT Chrome Appearance Package (86A,86B) • XL/XLT Sport Appearance Package (861, 862) Requires: • Trailer Tow Package (53A) required whenordered with 5.0L Engine (995) • Max Trailer Tow Package (53C) required when ordered with 3.5LEcoBoost® Engine (994) Includes: • 3.73 Electronic-locking rear-axle • 9.75" gearset • 36 Gallon Fuel tank• LT275/65R18C OWL all-terrain tires (A/T) (T8C) • Upgraded springs • 18” Silver Aluminum Heavy-DutyPayload Pkg. wheels (64H) 2
NA $1,694.002
67T 1 67T* 2
Electric brake controller REQ TRAILER TOW PKG 1 DUVALFORD: Integrated Trailer Brake Controller (req. 53B Class IV Trailer Hitch or 53A Trailer TowPkg.; incl. with 53C Max Trailer Tow Pkg. 2
Limited slip differential DUVALFORD: (xl6) 3.73 Electronic Locking axle ratio. Final cost/ ratio varies on configuration. (xl9) 3.55:$469, (xl5) 3.15 $419, (xl3) 3.31 $419. Call dealer for quote detail based on desired specification. 2
$569.001 $569.002
101A 1 101A 2
Manufacturer's model upgrade package (specify pkg. bid) DUVALFORD: NA with d85A, Adds: AM/FM w/ (speakers; four (4) with Regular Cab, six (6) with SuperCaband SuperCrew®) I 4.2" Productivity Screen with compass in instrument cluster I SYNC® • MUST HAVE •911 Assist® • 4.2” LCD Display in Center Stack • Applink® • Smart Charging USB Port – one (1) CruiseControl 2
$1,084.001 $999.002
50S 1 50S 2
Speed control INC UPGRADE PKG 1 DUVALFORD 2
$224.001 $224.002
TILT 2 Tilt steering wheel DUVALFORD 2
Std Std2
LAMP 2 Passenger dome lamp DUVALFORD 2
Std Std2
WG 2 Bucket seats in lieu of bench seat DUVALFORD: Cloth 40/Console/40 Front-Seats with Flow-through Console and steering column mountedshift 2
NA $294.002
168 1 168 2
Carpet in lieu of rubber floor covering DUVALFORD: Includes Carptet and carpet m 2
$144.001 $144.002
47R 1 47R 2
Floor mats REQ CARPET FLOOR COVERING 1 DUVALFORD: All Weather Mats in rubber.Requires Carpet Flooring. For molded tray style weather techmats use $325, does not require carpet flooring. 2
$134.001 $134.002
VEHICLE: F-150 XL (W1C) (ALTERNATE DEALERS)DEALER: Bozard Ford Duval Ford LLC Duval Ford LLC Duval Ford LLCZONE: Western Northern Central SouthernBASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
86
924-57Q 1 TINT 2
Deep tinted glass REQ REAR WINDOW DEFROSTER 1 DUVALFORD: For rear privacy tint add $99 and 57Q rear window defroster at $219 or Dealer Film is$345 2
$319.001 $345.002
Sliding rear window DUVALFORD: xlt only 2
NA NA2
58B 1 AM/FM radio with single CD DUVALFORD 2
$289.001 NA2
On-Star DUVALFORD 2
NA NA2
58C 1 582 2
Satellite radio DUVALFORD: SiriusXM® Radio (req. Cruise Control (50S) and SYNC® (52P) on 100A) Note: Includes a6-month prepaid subscription. 2
$484.001 $484.002
18B 1 18B 2
Cab Steps DUVALFORD: Black platform type 2
$249.001 $249.002
Side air bags DUVALFORD 2
Std Std2
W1C-157W/BASE 1 LONGBED 2
Long bed in lieu of short bed INC 2.7L ECOBOOST EMG & 6.5" BED 1 DUVALFORD: 157 in. Wheelbase, XL 4x2 SCrew SS 6.5 Box 2
$1,304.001 $549.002
LH-6 1 LSL 2
Left-hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed DUVALFORD: Unity Brand. For remote operated Go-Light (specify location for mounting: cab or body areapole mounted) use $649 2
$696.001 $495.002
L & RH-6 1 2SL 2
Left & right-hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed DUVALFORD: Unity Brand. For remote operated Go-Light (specify location for mounting: cab or body areapole mounted) use $649 2
$896.001 $796.002
VV-ST 1 VV 2
Vent visors - stick-on style DUVALFORD: 2
$175.001 $175.002
RS-FS 1 RS 2
Rainshields - flange style DUVALFORD: 2
$175.001 $175.002
BS 1 BS 2
Bug shield DUVALFORD: 2
$196.001 $250.002
54Y.59S 2 Trailer tow mirrors DUVALFORD: Manual-folding, Manually Telescoping, Power Glass Trailer Tow Mirrors with Heat, Turn Signal, High-Intensity LED Security Approach
Lamps, LED Sideview mirror Spotlights and Black Skull Caps (NA with �3.3L V6 PFDI engine (99B) or 122” WB; req. XL Power Equipment Group (85A)
and Rear-Window, Fixed Privacy Glass with Defroster (924/57Q); req. Trailer Tow Pkg. (53A) or Max Trailer Tow Pkg.(53C)) 2
NA $569.002
WA-GG 1 WGG 2
Wrap-around grille guard DUVALFORD: Full Wrap around Grill Guard, Sterling, Westin, or Warn. Quote will specify. 2
$1,796.001 $1,495.002
ATB 1 90P 2
Aluminum tool box DUVALFORD: Cross body aluminum locking, deep. [OPTION 2] BEDSLIDE: USE $1495 [OPTION 3]Weather Guard model 114.0.01 $1218 2
$496.001 $789.002
96P 1 96P 2
Bedliner DUVALFORD: PLASTIC 2
$349.001 $349.002
96W 1 96W 2
Spray-on bedliner (Rhino, Line-X or approved equivalent) DUVALFORD: For HD LineX Brand SprayLiner use $675 2
$594.001 $594.002
VEHICLE: F-150 XL (W1C) (ALTERNATE DEALERS)DEALER: Bozard Ford Duval Ford LLC Duval Ford LLC Duval Ford LLCZONE: Western Northern Central SouthernBASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
87
Tow hooks DUVALFORD: 4X4 ONLY 2
NA NA2
53B 1 HDTOW 2
Class IV hitch and ball INC 2" BALL PIN & CLIP 1 DUVALFORD: Includes (53b) Class IV Trailer Hitch, (53a) Smart Trailer Tow Connector, 4-pin/7-pinwiring; Auxillary Transmission Oil cooler and Engine Oil cooler included only with Engine upgrade, HeavyDuty Solid draw bar, pin clip, 2 inch ball, and plug. (53c) Max Tow Package Requires (994) and (LongBed),with 101a Model Upgrade add $145. (53c) with (627) and model upgrade use $1194; For pintle ball comboadd $295. May substitute 2 5/16 in. Ball if specified on purchase order. 2
$196.001 $1,294.002
8LB-WR 1 8KW 2
8,000 lb. winch with remote DUVALFORD: Warn Winch with Remote. Requires WGG: Grill Guard with winch plate. Options available atdifferent ratings 2
$1,796.001 $1,300.002
53A 1 HDTOW 2
Heavy duty towing package up to 5,000 lbs. with appropriate hitch INC 2" BALL PIN & CLIP 1 DUVALFORD: Includes (53b) Class IV Trailer Hitch, (53a) Smart Trailer Tow Connector, 4-pin/7-pinwiring; Auxillary Transmission Oil cooler and Engine Oil cooler included only with Engine upgrade, HeavyDuty Solid draw bar, pin clip, 2 inch ball, and plug. (53c) Max Tow Package Requires (994) and (LongBed),with 101a Model Upgrade add $145. (53c) with (627) and model upgrade use $1194; For pintle ball comboadd $295. May substitute 2 5/16 in. Ball if specified on purchase order. 2
$696.001 $1,294.002
99G-53C-XL967T 655 1 HDTOW 2
Heavy duty towing package up to 7,200 lbs. with appropriate hitch INC 3.5 ECOBOOST ENG & MAXTRAILER TOW PACKAGE & TRAILER BRAKE CONTROLLER & EXTRANGE FUEL TANK & 3.55 LIMITED SLIP INC 2 " BALL PIN & CLIP 1 DUVALFORD: Includes (53b) Class IV Trailer Hitch, (53a) Smart Trailer Tow Connector, 4-pin/7-pinwiring; Auxillary Transmission Oil cooler and Engine Oil cooler included only with Engine upgrade, HeavyDuty Solid draw bar, pin clip, 2 inch ball, and plug. (53c) Max Tow Package Requires (994) and (LongBed),with 101a Model Upgrade add $145. (53c) with (627) and model upgrade use $1194; For pintle ball comboadd $295. May substitute 2 5/16 in. Ball if specified on purchase order. 2
$3,879.001 $1,294.002
FGTC 1 COVER 2
Fiberglass tonneau cover (painted to match) DUVALFORD: Ranch Legacy BRAND or equal. May substitute RETRAX MANUAL Retractable bedcover: •1200lb Tested Rotary Latches • Axalta Automotive Paint • Black Powder Coated Hardware • Exterior StyleLine • EZ Push Logo Lock • Front Piano Hinge • Interior pull Strap • Lift Assist Arms • Limited LifetimePaint/Structure Warranty • No Drill Installation • Ti02 Mixed Whitening Resin Solution • Tri-Cel HoneyComb Reinforced Roof • Trimless Skirted Edges • Wrap Over Side and Rear Edges 2
$1,796.001 $1,695.002
FCHT 1 TOPPER 2
Fiberglass cab high topper with front, side and rear windows (painted to match) DUVALFORD: Ranch Brand Echo Model or equal. DuPont Automotive Paint. For Windoors Add $595“Unibody” Molded and Rolled Fiberglass Base Rails • 3 Year Limited Paint / Structure Warranty • AluminumFramed Front Picture Window • Aluminum Framed Solid Side Windows • Axalta Automotive Paint • BlackPowder Coated Hardware • Dual T-Handle Rear Door • LED Third Brake Light • Ti02 Mixed WhiteningResin Solution • Tri-Cel Honey Comb Reinforced Roof • Trimless Edges 2
Nitrogen filled tires including spare tire DUVALFORD: Replacing the air in your tires, and properly maintaining them with NitroFill can increaseyour tire life by as much as 50%, increase your fuel economy as much as 10% and decrease your chances ofexperiencing a tire failure by as much as 75% (source: nitrofill.com) 2
$196.001 $245.002
Midbox body option NA NA
VEHICLE: F-150 XL (W1C) (ALTERNATE DEALERS)DEALER: Bozard Ford Duval Ford LLC Duval Ford LLC Duval Ford LLCZONE: Western Northern Central SouthernBASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
88
STC 1 DCU 2
Steel truck cap DUVALFORD: A.R.E. or equivalent "Deluxe Commercial Unit" aluminum caps offered with a broadselection of door and window options, storage configurations, rack choices, and optional equipment for anyworksite application. .035 aluminum exterior skin Full length side doors. Welded aluminum frame. FoldingT-handles with BOLT One-Key technology 3 Year Warranty Base Unit [Option 1] Double Rear Door Add$430 [Option 2] Front Window add $125 [Option 3] Tool Boxes add $500 Set [Option 4] Center Divider add$150 {option 5] Ladder Rack add $495 2
$10,996.001 $2,500.002
CSHR 1 CS 2
Cab shield headache rack (protects back of cab) DUVALFORD: Solid Steel Bulkhead with Mesh Window.. For lighting plates add $225 2
$796.001 $625.002
PR-EMB 1 PRPU 2
Pipe rack w/expanded metal basket over cab (for pickup bed) DUVALFORD: Custom options available 2
$1,796.001 $1,885.002
Pipe rack w/expended metal basket over cab (for utility body) NA NA SL-R 1 SLR 2
Single ladder rack side mounted (specify street or curbside) DUVALFORD: Custom options available 2
$1,296.001 $995.002
153 1 153 2
Front license bracket DUVALFORD: Front License Plate Bracket (standard in states where required by law, opt. to all others) 2
NC1 NC2
85H 1 76R 2
Backup alarm, factory installed DUVALFORD: Reverse Sensing System (req. 53B Class IV Trailer Hitch, 53A Trailer Tow Pkg. or 53C MaxTrailer Tow Pkg.) 2
$124.001 $274.002
BA-D 1 BUA 2
Backup alarm, dealer installed DUVALFORD: WHELEN backup alarm recessed and wired with automotive heat tolerant wire and loom.Includes exclusive limited lifetime warranty. 2
$179.001 $145.002
2TONE 2 Optional equipment - specify DUVALFORD: 2TONE paint for top of doors top of cab and roof 2
NA $1,550.002
SafeT 2 Optional equipment - specify DUVALFORD: First Aid, Fire Extinguisher and DOT LED rechargeable warning lights; USE $525. 3rdBrake Light Safety Pulse (Pulses 3rd Brake Light (4) times upon application of brake pedal to increase driverawareness aft when stopping) $229 2
NA $525.002
3K 2 Optional equipment - specify DUVALFORD: Extra Key programmed. DUVALFORD: Extra Key programmed. Also available: SHOPMANUAL on disc. 2
NA $395.002
TEMP TAG 1 TEMP 2
Temporary tag DUVALFORD: Includes administrative costs associated with the filing, transfer, acquisition, and installationof appropriate registration & Plate per option description allowed by section 3.23 Terms and Conditions 2
$16.001 $108.002
TRANSTER 1 TX 2
Transfer existing registration (must provide tag number) DUVALFORD: Includes administrative costs associated with the filing, transfer, acquisition, and installationof appropriate registration & Plate per option description allowed by section 3.23 Terms and Conditions.[ALT D] Per terms and conditions section 3.22 INSPECTION AND ACCEPTANCE: an Alternative DeliveryDestination charge per vehicle of $487 will be applied to all purchase orders where inspection andacceptance occurs away from the end user's registered address within the state of Florida. For destinationswhere inspection and acceptance are located outside the Sunshine State contact dealer. This cost derivationis founded using computationally intensive statistical analysis utilizing data inputs such as cost of capital,interest carry on bad debt, delivery variance with outside location, tertiary damage, and fluctuating fuelcosts. 2
$100.001 $185.002
NST 1 TAG 2
New state tag (specify state, county, city, sheriff, etc.) DUVALFORD: Includes administrative costs associated with the filing, transfer, acquisition, and installationof appropriate registration & Plate per option description allowed by section 3.23 Terms and Conditions 2
$185.001 $230.002
VEHICLE: F-150 XL (W1C) (ALTERNATE DEALERS)DEALER: Bozard Ford Duval Ford LLC Duval Ford LLC Duval Ford LLCZONE: Western Northern Central SouthernBASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
89
GMP 6/100 1 MPP575 2
Maintenance Plan - specify Gas Premium Maint. Plan 6 year/100,000 mi. 5000 mi Intervals 20 SVC visits $0 Deductible. Contact Dealerfor available miles/ years / interval & synthetic oil options 1 "DUVALFORD: 5 Year 75,000 mile Premium Maintenance Plan. 15 service visits at 5000 mile intervals forvehicles with Gas Engine, zero deductible. 5 Year 75,000 mile Premium Diesel Maintenance plan $4175. 15Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible. ADD $300FOR Police, Emergency and Fire Use 2
$2,400.001 $1,860.002
MPP675 2 Maintenance Plan - specify "DUVALFORD: 6 Year 75,000 mile Premium Maintenance Plan. 15 service visits at 5000 mile intervals forvehicles with Gas Engine, zero deductible. 6 Year 75,000 mile Premium Diesel Maintenance Plan, $4215. 15Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible. ADD $300FOR Police, Emergency and Fire Use 2
NA $1,905.002
MPP610 2 Maintenance Plan - specify "DUVALFORD: 6 Year 100,000 mile Premium Maintenance Plan. 20 service visits at 5000 mile intervals forvehicles with Gas Engine, zero deductible. 6 Year 100,000 mile Premium Diesel Maintenance Plan $4820. 20Maintenance plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible. ADD $500FOR Police, Emergency and Fire Use 2
NA $2,400.002
6/100-P 1 CB575 2
Warranty - specify 6 year/ 100,000 mile Ford Power train Care Warranty $0 Deductible 1 DUVALFORD: 5 Yr 75,000 mile zero deductible BASECare plan. 5 Yr 100,000 mile zero deductible use$2130. Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESPAugust 1st 2018 Pricing Guide 2
$1,900.001 $1,605.002
6/100-B 1 CE575 2
Warranty - specify 6 year /100,000 mile Ford Base Care Warranty $0 Deductible 1 DUVALFORD: 5 Yr 75,000 mile zero deductible EXTRACare plan. 5 Yr 100,000 mile zero deductible use$2560. Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESPAugust 1st 2018 Pricing Guide 2
$2,290.001 $1,845.002
6/100-E 1 CP575 2
Warranty - specify 6 year/ 100,000 mile Ford Extra Care Warranty $0 Deductible 1 DUVALFORD: 5 Yr 75,000 mile zero deductible PREMIUMCare plan. 5 Yr 100,000 mile zero deductible use$3595. Complete pricing schedule available upon request. Prices quoted per FordMoCo Florida Retail ESPAugust 1st 2018 Pricing Guide 2
$2,745.001 $2,535.002
VEHICLE: F-150 XL (W1C) (ALTERNATE DEALERS)DEALER: Bozard Ford Duval Ford LLC Duval Ford LLC Duval Ford LLCZONE: Western Northern Central SouthernBASE PRICE: $23,232.00 $23,133.00 $23,202.00 $23,212.00
90
QUOTE
Vendor: Requester: Steven KulickAddress: Date:
Agency: City of South MiamiOff # Chief Procurement OfficerFrom: Email: Contact # 305-663-6339
CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM
TO: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: March 5, 2019
SUBJECT: A Resolution of the City of South Miami, Florida, establishing a “Mission Statement”
BACKGROUND: Many municipalities seek to promote their commitment to certain civic values in the form of a “Mission Statement”. This mission statement can provide a positive aspirational vision for local governments to adhere to and a guiding vision for policy. Furthermore, certain ‘community rating systems’ such as the Florida Green Building Coalition Local Government Certification Standard call for the presence of a mission statement tosecure additional points or credits. This resolution would establish a mission statement which captures and proclaims the values and principles which our local government seeks to uphold. This mission statement would read as follows; “The City Commission of the City of South Miami “The City of Pleasant Living” is committed to creating a sustainable community through adherence to the values of fiscally, socially and environmentally responsible leadership to provide a healthy, respectful, progressive and professionally efficient community by the practice of fair government.”
ATTACHMENTS: Resolution
93
RESOLUTION NO: ______________1
A Resolution of the City of South Miami, Florida, establishing a “Mission Statement”2
WHEREAS, Many municipalities seek to articulate their commitment to certain civic 3values in the form of a ”Mission Statement”, and4
WHEREAS, a mission statement can help to assure citizens, businesses, and organizations5of a government’s commitment to shared core values, and6
WHEREAS, the City of South Miami does not currently have any such mission statement, 7and8
WHEREAS, the City of South Miami’s elected officials and government value fiscal 9responsibility, and10
WHEREAS, the City of South Miami’s elected officials and government value social 11responsibility, and12
WHEREAS, the City of South Miami’s elected officials and government value 13environmental responsibility, and14
WHEREAS, the City of South Miami’s elected officials and government value innovation.15
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 16COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:17
Section 1. The City of South Miami, Florida, hereby establishes the following as its 18mission statement: 19
20“The City Commission of the City of South Miami, “The City of Pleasant Living”, is 21committed to creating a sustainable community through innovation and adherence to the 22values of fiscally, socially and environmentally responsible leadership to provide a healthy, 23respectful, progressive and professionally efficient community by the practice of fair 24government.”25
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 26any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 27not affect the validity of the remaining portions of this resolution.28
Section 3. Effective Date. This resolution shall become effective immediately upon 29adoption by vote of the City Commission.30
PASSED AND ADOPTED this _____day of __________, 2019.313233
City Commission Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Michelle CalocaSubmitting Department: Finance Department Item Type: ResolutionAgenda Section:
Subject:A Resolution authorizing and instructing the City Manager to settle the case of Gonzalez v City of South Miami(ADA complaint) and instructing the City Manager to take the necessary steps to comply with the settlementterms and to pay the settlement amount. 3/5 (City Manager-Finance Dept.)
To: The Honorable Mayor & Members of the City Commission
From: Steven Alexander, City Manager
Date: March 5, 2019
Subject: A Resolution authorizing and instructing the City Manager to settle the case of Gonzalez versus the City of South Miami d/b/a Fuchs Park, Case Number 1:18-cv-23488 and instructing the City Manager to take the necessary steps to comply with the settlement terms and to pay the settlement amount.
Background: Gonzalez filed an action against the City Gonzalez v. The City of South Miami d/b/a Fuchs Parks (Case No: 1:18-cv-23488), in the United States District Court in the Southern District of Florida. The Parties, without any admission or representation as to liability, wish to resolve their differences.
Part of the settlement included the following requirements. Within (6) months from the date of execution of this agreement, the City will create an ADA Transition Plan for all fourteen (14) parks located in the City. The ADA Transition Plan, at a minimum, will identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities. Within (48) months from completion of the ADA Transition Plan, the City will put it into effect. Furthermore, the City shall pay to Gonzalez the total sum of $10,000, in exchange for a voluntary dismissal of the case Gonzalez versus the City of South Miami d/b/a Fuchs Park.
Amount: An amount not to exceed $10,000.
Account: 001.1500.514.3410, City Attorney Outside Cost.
Attachments: Resolution for approvalSettlement agreement and release
97
RESOLUTION NO. ___________________1
A Resolution authorizing and instructing the City Manager to settle the case of 2Gonzalez v City of South Miami (ADA complaint) and instructing the City 3Manager to take the necessary steps to comply with the settlement terms and 4to pay the settlement amount.5
WHEREAS, Gonzalez filed an action against the City of South Miami d/b/a Fuchs 6Parks (Case No: 1:18-cv-23488), in the United States District Court in the Southern 7District of Florida; and,8
WHEREAS, the Parties, without any admission or representation as to liability, 9wish to resolve their differences; and, 10
WHEREAS, the Mayor and City Commission desire to settle the entire case 11including trial and appellate attorney fees and costs. 12
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 13THE CITY OF SOUTH MIAMI, FLORIDA THAT;14
Section 1. The City Manager is hereby authorized and instructed to settle the 15case for $10,000 to be paid by the City, in exchange for a voluntary dismissal of the case 16Gonzalez versus the City of South Miami d/b/a Fuchs Park with prejudice. 17
Section 2. Severability. If any section clause, sentence, or phrase of this 18resolution is for any reason held invalid or unconstitutional by a court of competent 19jurisdiction, the holding shall not affect the validity of the remaining portions of this 20resolution. 21
Section 3. Effective Date. This resolution shall take effect immediately upon 22adoption.23
PASSED AND ADOPTED this____ day of _________, 201924
City Commission Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Thomas PepeSubmitting Department: City Attorney Item Type: ResolutionAgenda Section:
Subject:A Resolution of the Mayor and City Commission requesting the Governor and Legislature to protect the lives ofpolice officers by changing the law to increase the transparency of driver side windows and make it mandatoryfor drivers at traffic stops to fully lower their windows. 3/5 (Commissioner Welsh)
Suggested Action:
Attachments:Reso re Traffic Stops & Lowering Windows(2)CAChiefrev2..docx
A Resolution of the Mayor and City Commission requesting the Governor and 3Legislature to protect the lives of police officers by changing the law to increase4the transparency of driver side windows and make it mandatory for drivers at 5traffic stops to fully lower their windows.6
7WHEREAS, traffic stops are a dangerous part of a police officer’s duties; and8
9WHEREAS, visible light transmission (VLT) is the measurable amount of solar visible 10
light (daylight) that travels through a window; and1112
WHEREAS, a low VLT percentage means that less light can pass through a window and 13a higher VLT percentage means that more light can pass through making it more transparent; and14
15WHEREAS, Florida, at 28 VLT%, allow for some of darkest tinting of driver side 16
windows in the nation and on a par with only 11 other states that allow the darkest tinting in the 17United States; and18
19WHEREAS, California and ten other states, at 70 VLT%, have the most transparent 20
driver side window tinting laws which lessens the danger to police officer who are forced to 21make a traffic stop; and22
23WHEREAS, California also requires that the reflectivity of the windows be not be more 24
reflective than a standard window.2526
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:28
29Section 1. The Mayor and City Commission hereby requests that all municipal and 30
county governments join in asking their elected State officials to change the law to increase the 31transparency of driver side window tinting and reflectivity, require that drivers’ windows be fully 32lowered at traffic stops and educate drivers by including “DRIVER WINDOW DOWN FOR33POLICE TRAFFIC STOPS” with the existing informational signs such as “CHILD 34RESTRAINT REQUIRED BY LAW” and “MOVE OVER FOR EMERGENCY VEHICLES” 35that the State prominently displays on roadways.36
37Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 38
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 39not affect the validity of the remaining portions of this resolution.40
41Section 3. Effective Date. This resolution shall become effective immediately upon 42
adoption.4344
PASSED AND ADOPTED this ____ day of _____________, 2019.4546
City Commission Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Thomas PepeSubmitting Department: City Manager Item Type: ResolutionAgenda Section:
Subject:A Resolution authorizing the City Manager to purchase property located at 7435 SW 66 Avenue, South Miami,Florida for the purpose of establishing an additional City park. 3/5 (City Manager)
Suggested Action:
Attachments:Resolution to purchase 7435 SW 66 Ave CA sapsCArev.docx
A Resolution authorizing the City Manager to purchase property 3located at 7435 SW 66 Avenue, South Miami, Florida for the 4purpose of establishing an additional City park.5
6WHEREAS, Chapter 6 of the City’s 2018 Comprehensive Plan provides for a 7
Recreation and Open Space Element, and it describes the City’s Goals, Objectives, and 8Policies for recreational and open space areas. Recreational Policy 1.1.1 provides that 9the City should “[r]etain the existing park acreage (includes City and School Board 10property recreation acreage) and facilities, thereby providing a level-of-service 11standard of 4 acres per 1,000 population; and12
13WHEREAS, currently the City has approximately 63.12 acres of land dedicated 14
to parks and open space based on recent additions to the parks and open spaces land use 15category; and16
17WHEREAS, the City’s population based on the 2015 American Community 18
Survey 5-year Estimate is 12,156; and 1920
WHEREAS, to enhance the park and open space goals set in the 2018 21Comprehensive Plan the City would benefit from this additional acquisition; and22
23WHEREAS, the property located at 7435 SW 66 Avenue, South Miami, Florida, 24
is available for purchase by the City. The property is an odd shaped lot running along 25the bank of the Ludlam Glades Canal with a lot size of 14,810 square feet and 26containing a two-bedroom, two bath, single-family home built in 1968; and 27
28WHEREAS, the property appears to have been purchased by the current owner 29
in 1998; and3031
WHEREAS, the neighborhood southeast of Ludlam Elementary School has 32many young children and has long desired neighborhood park; and33
34WHEREAS, the City Manager has negotiated a purchase price $580,000 for the 35
property which is down from a listing price of $598,000. The sale is subject to approval 36by the City Commission.37
38WHEREAS, the purchase price would be paid from the following account:39
$206,093 from Parks Facilities Impact Fee Fund Land Acquisition 40Account 117.2000.572.6110, with a current balance of $206,093.41
$310,000 from City Parks Acquisition Development Operations & 42Maintenance Fund Account 155.2000.572.6110, with a current balance 43of $310,000.44
$63,907 from Capital Improvement Fund Matching Contribution 45Account 301.2000.572.6450, with a current balance $619,946.46
47NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 48
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:49112
50Section 1. The City Manager is hereby authorized to purchase the property 51
located at 7435 SW 66 Avenue, South Miami, Florida, for an amount not to exceed $580,000.5253
Section 2: Severability. If any section, clause, sentence, or phrase of this 54resolution is for any reason held invalid or unconstitutional by a court of competent 55jurisdiction, the holding shall not affect the validity of the remaining portions of this 56resolution. 57
58Section 3. Effective Date: This resolution shall be effective immediately upon 59its adoption.60
6162
PASSED AND ADOPTED this _____ day of_______________, 2019.6364
MIAMI DAILY BUSINESS REVIEWPublished Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review f/k/
a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI - MAR. 5, 2019
in the XXXX Court,
was published in said newspaper in the issues of
02/01/2019
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami-Dad
e County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publication in the-saicTnewsji
Sworn toand subsprfbed before me this
1 \day$ FEBFOJARY, A.D. 2019
mhrA(SEAL)
MARIA MESA personally known to me
BARBARA THOMAS*• tj; Commission #GG 121171i§?jo? Expires November 2,2021
''̂ Sf.f.V Banded Thru Troy Fain Insurance 800-385-7019————^— | , , u , , M 1 |
CITY OF SOUTH MIAMINOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of theCity of SouthMiami Florida will conduct Public Hearing at its regular City Commissionmeeting scheduled for Tuesday, March 5, 2019, beginning at7:00 p.m., in theCity Commission Chambers, 6130 Sunset Drive, to consider the following item:
AResolution authorizing the City Manager to purchase property locatedat7435 SW 66 Avenue, South Miami, Florida for the purpose of establishingan additional City park.
ALL interested parties areinvited toattend and will beheard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
NkengaA.Payne, CMCCity Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the publicthat if a person decides to appeal any decision made by this Board, Agencyor Commission with respect to any matter considered at its meeting orhearing he or she will need a record of the proceedings, and that for suchpurpose affected person may need to ensure that averbatim record of theproceedings is made which record includes the testimony and evidenceupon which the appeal is to be based. 19.137/D0003774i6m
114
28SE SUNDAY FEBRUARY 3 2019NEIGHBORS MIAMIHERALD.COM
SUBSTANTIAL COMPLIANCE
ADVERTISEMENT
Pursuant to Section 33-310.1.A(I) of the Code of Miami-Dade
County, the Assistant Director of the Department of Regula-
tory and Economic Resources has approved the following
Substantial Compliance Determination:
D2018000035: “Somerset Academy at Pinewood Acres,”
for a property located at 9500 SW 97th
Avenue Miami-Dade County, Florida.
Plans entitled: “Somerset Academy at Pinewood Acres,”
consisting of seventeen (17) sheets dated stamped received
August 10, 2018, prepared by Civica Architecture and Urban
Design, landscape plans consisting of eight (8) sheets dat-
ed stamped received August 10, 2018, prepared by Civica
Architecture and Urban Design, and fire prevention plans
consisting of six (6) sheets dated stamped received August
10, 2018, prepared by Civica Architecture and Urban Design,
were found to be substantially in accordance by the Depart-
ment of Regulatory and Economic Resources with the previ-
ous plans approved by Resolution Z-1-17, passed and ad-
opted on January 26, 2017.
Any property owner in the area may appeal a decision by
filing an appeal of an administrative decision application on
or before March 5th, 2019. Additional information may be
obtained by telephoning (305) 375-2640.
PUBLIC NOTICE
For legal ads online, go to http://legalads.miamidade.gov
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida will conduct Public Hearing at its regular City Commission meeting scheduledfor Tuesday, March 5, 2019, beginning at 7:00 p.m., in the City Commission Chambers,6130 Sunset Drive, to consider the following item:
A Resolution authorizing the City Manager to purchase property located at7435 SW 66 Avenue, South Miami, Florida for the purpose of establishing anadditional City park.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk’s Office at: 305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides
to appeal any decision made by this Board, Agency or Commission with respect to any matter
considered at its meeting or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person 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.
Scheck Hillel Communi-ty School’s Girls BuildingSTEAM Club received twogrants for a program theydeveloped called Design-ing the Future: Using Fash-ion to Address EcologicalNeeds.Led by seventh-grade
students Ellie Esquenazi,Eva Gelb, Zohara Schrager,Jessica Waxenghiser andlab instructor Nancy Pen-chev, the program will pairLower School students withUpper School mentors to
Photo provided to the Miami Herald
From left, Jessica Waxenghiser, Zohara Schrager, Ellie Esquenazi and Eva Gelb, membersof the Girls Building STEAM Club at Scheck Hillel Community School.
SCHOOL SCENE
Scheck Hillel Community SchoolSTEAM Club receives two grants
City Commission Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Jane TompkinsSubmitting Department: Planning & Zoning Department Item Type: OrdinanceAgenda Section:
Subject:An Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoning designation of theproperty located at 7800 SW 57 Avenue, and as legally described herein, from "RS-3" Residential and "RO"Residential to "LO" Low-Intensity Office. 3/5 (City Manager-Planning Dept.)
Suggested Action:Approval
Attachments:7800 Red Road cover memo.docx
Application Package.pdf
20_3.3___Permitted_use_schedule Exh A of Staff report.doc
ORDINANCE Zoning Map Change 7800 Red Road.doc
Notification Letter Map and Affidavits.pdf
Final PB Regular Meeting Minutes - 09-11-2018.pdf
Planning Board October Meeting Minutes Excerpt.docx
CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM
TO: THE HONORABLE MAYOR & MEMBERS OF THE CITY COMMISSION
VIA: STEVEN ALEXANDER, CITY MANAGER
FROM: JANE K. TOMPKINS, AICP, PLANNING AND ZONING DIRECTOR
DATE: MARCH 5, 2019
SUBJECT:An Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoning designation of the property located at 7800 SW 57 Avenue, and as legally described herein, from “RS-3” Residential and “RO” Residential Office to “LO” Low-Intensity Office.
BACKGROUND:7800 Red Road is a 2.5-acre property with frontages on Red Road (SW 57th Avenue), and SW 57th
Court. It’s developed with a multi-story office building of approximately 61,000 square feet and a surface parking lot (see Figure 1). The building was constructed in 1971 and was recently renovated.
The Comprehensive Plan’s Future Land Use Map (FLUM) designates the entire property as“Business Office (Low Intensity and Volume)” (see Figure 2).
The Official Zoning Map designates the property Residential Office (RO) along Red Road, and Single-Family Residential District (RS-3) along SW 57th Court, with the zoning splitting the lot roughly in half east to west (see Figure 3). The building seems to be situated entirely on the RO area, and the parking lot on the RS-3 portion.
The property has had the RS-3/RO split zoning since at least June 1971 and presumably even longer as the building permit for the property was issued in December 1970. The zoning district requested, Low Intensity Office (LO), apparently did not exist at the time.
The figures below also show the zoning and FLUM designations for the properties to the north, south, and west. The properties fronting onto Red Road are commercial as are the adjacent lots that front onto SW 77th Terrace. The properties fronting onto SW 57th Court to the south and west of the property are developed as single-family residential, as are other lots to the north. The property to the east, across Red Road, is outside of the South Miami city limits in unincorporated Miami Dade County and is developed with multi-family developments.
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7800 Red Road LLC/7800 Red RoadZoning Map AmendmentMarch 5, 2019Page 2 of 7
APPLICATION:The applicant is requesting a zoning map amendment from “RS-3” Residential and “RO” Residential Office to “LO” Low-Intensity Office.
Excerpts of the existing and proposed zoning map are provided below:
Existing Zoning Map Proposed Zoning Map
The application package, which includes the letter of intent, the application, a survey with legal description, a warranty deed and several photographs of the property is attached.
ANALYSISZONING DISTRICT PURPOSE STATEMENTS
Per LDC Section 20-3.1(B), the purpose statements of the RO and LO districts are as follows:
“RO” Residential Office District: The purpose of this district is to provide suitable sites which will accommodate the limited office space needs of certain low impact professional services in attractive low profile buildings on heavily landscaped sites, architecturally similar to an compatible with nearby single- family structures. The district should serve as a transitional buffer
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7800 Red Road LLC/7800 Red RoadZoning Map AmendmentMarch 5, 2019Page 4 of 7
between established single-family neighborhoods and major traffic arterials or more intensive uses and is appropriate in areas designated “Business Office (Low Intensity and Volume)” on the city’s adopted Comprehensive Plan.
“LO” Low-Intensity Office District: The purpose of this district is to permit low-intensity office development and redevelopment, without necessarily being compatible in appearance with single-family residential areas. This district is appropriate in areas designated “Commercial Retail and Office”, “Mixed Use Commercial/Residential”, and “Business Office (Low Intensity and Volume)” on the city’s adopted Comprehensive Plan.
Several blocks (SW 74th Terrace to SW 80th Street) of Red Road consisting of thirteen (13) properties are zoned RO, with most of the properties having been developed earlier than, or around the same time as, the subject property. There are no LO zoned properties in the area; however, like the subject property, the architecture and site design of many of the properties are inconsistent with the RO purpose statement. Further, the appearance and functionality of these buildings are more representative of the LO character.
PERMITTED USES
Exhibit A provides an excerpt of Section 20-3.3(D) Permitted Use Schedule, comparing the various uses permitted in the RS-3, RO and LO districts. In terms of residential uses, RS-3 allows single-family residences and group homes by-right, while RO allows a variety of residential structures primarily as a Special Use. RO also allows a limited range of office uses that, except formedical type offices, are generally low impact in nature. LO, on the other hand, allows a wider range of office uses and several retail uses via a Special Use approval. Some of the permitted uses, such as hotel/motel, banks, and the retail uses would likely have a greater negative impact on the surrounding properties than the RO uses.
ZONING DISTRICT STANDARDS
The table below provides the dimensional standards for the three zoning districts and the existing improvements on the property:
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7800 Red Road LLC/7800 Red RoadZoning Map AmendmentMarch 5, 2019Page 5 of 7
The RO requirements listed above are the existing standards, and not necessarily what existed when the building permit was issued in 1970. The development of the property was likely in conformance with the applicable standards at that time. The differences between the existing development and the RO requirements are considered nonconforming and subject to the provisions of Section 20-4.8 Nonconforming uses and structures. The main difference between the existing development and the LO standards is in the number of floors allowed. LO allows only two floors, whereas there are three (3) floors in the center portion of the building. This deviation is also a nonconformity that would be handled through Section 20-4.8.
PUBLIC FACILITIES AND SERVICES
Section 20-4.1 Adequate public facilities and services provides that a development permit (which includes a rezoning) should not be issued when level(s) of service (LOS) for public services and facilities requirements are not satisfied. The Code provides an exemption for “projects considered as vested or committed and/or site plans approved before adoption of the Land Development Code on October 26, 1989” (Sec. 20-4.1B)(4)(d). As this property was developed in
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7800 Red Road LLC/7800 Red RoadZoning Map AmendmentMarch 5, 2019Page 6 of 7
1971 and no plans for redevelopment have been presented, there is no need to perform a LOS analysis.
COMPREHENSIVE PLAN
As noted above, the property has a FLUM designation of Business Office (Low Intensity and Volume). The intent of this category is as follows:
Business Office (Low Intensity and Volume)The Business Office land use category is intended to provide for the development of very-low intensity office uses that typically experience a low volume of visitors or clients and have low trip generation rates. In addition, heavy landscaping and screening shall be provided for parking areas, trash storage and other site characteristics that might have a negative impact on adjacent residential uses. Further, sites shall be developed with adequate parking and vehicular access that does not rely on neighborhood streets. The City recognizes the sanctity of the residential neighborhoods and desires to protect them from potentially adverse uses. Consequently, no amendments to the Future Land Use Map shall be made which develops or expands a Business Office district into an area designated for residential development.
A review of the Comprehensive Plan yields two policies that seems directly applicable to the requested zoning change:
Future Land Use Element Policy 1.1.3 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant.
Future Land Use Element Policy 1.1.4 There shall be no additional intrusion of retail or business uses into residential areas designated on the Future Land Use Map. Business office land use zoning regulations shall contain provisions to protect the quality of life in adjacent single-family residential neighborhoods.
PLANNING BOARD RECOMMENDATION:The Planning Board conducted an initial hearing on the request on September 11, 2018. Due to a problem with the hearing notice, the Board deferred the item and held a second hearing onOctober 9, 2019. Staff’s recommendation was for approval of the change from RO to LO, and to leave the RS-3 zoning in place for the west half of the property. The Board moved to approve the item with Staff’s recommendations and added a condition that that there be no entrance or exit onto SW 57th Court. The voting was split 3 – 3; therefore, the Board did not make a recommendation.
STAFF RECOMMENDATION:To address the concerns expressed about the request, the Applicant has submitted a Declaration of Restrictions providing: (1) there shall be no vehicular access from the Property to SW 57th
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7800 Red Road LLC/7800 Red RoadZoning Map AmendmentMarch 5, 2019Page 7 of 7
Court; and (2) All principal uses shall be conducted within the building on the Property. Provided this document is deemed legally sufficient by the City Attorney, Staff recommends approval of the application.
ATTACHMENTS:* Application Package
* Application* Letter of intent* Survey* Legal Description*Warranty Deed* Photographs
* Exhibit A (Excerpt of Section 20-3.3(D), Land Development Code)* Draft Ordinance approving the Zoning Map amendment* Copy of Applicant’s Notification Letter and Affidavit of Mailing* Mailing Label Affidavit with Location Map (Property Owners within 500 Feet) dated 8/8/18* Excerpt of September 11, 2018 Planning Board meeting minutes* Excerpt of October 9, 2018 Planning Board meeting minutes* Declaration of Restrictions
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127
128
129
130
131
132
133
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136
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EXHIBIT A
Excerpt of Section 20-3.3 - Permitted use schedule
P = PERMITTED BY RIGHT
S = PERMITTED AS SPECIAL USE
COND = SPECIAL USE CONDITIONS (See Section 20-3.4)
PARK = PARKING REQUIREMENTS (See Section 20-4.4(B))
X = No conditions were adopted
USE TYPERS-3
R O
L O
COND PARK
PLANNED UNIT DEVELOPMENT
RESIDENTIAL USESS S S
8
Boardinghouse P
Dwelling, Single-Family P S 17 1
Dwelling, Tourist P 3
Dwelling, Townhouse S 17 2
Dwelling, Two-Family S 17 1
Dwelling, Multi-Family S 17 3
Community Residential Home, 7 or more
P 1
Group Home I Licensed (6 or less)
S S 15 1
Group Home II Unlicensed (6 or less)
S S 15 1
Home Occupation P P 1
Adult Congregate Living Facility
S 13 1
Convalescent Home P 13138
Child Care Facility (7 or more children)
S S 23 10
Fraternal Organization or Private Club
S S 2 9
Mobile Pet Grooming Service
P -- --
Museum, Library or Art Gallery
P 12
Park or Playground, Public
P P P
Social Services Agency S S 10
Church, Temple, Synagogue or Mosque
S S 1 6
USE TYPER O
L O
C O N D
P A R K
Accounting and Auditing Services
P P 10
Acupuncturist P P 9
Advanced Registered Nurse Practitioner
P P 9
Advertising Agency P P 10
Architectural Services P P 10
Bank or Savings Institutions, Mortgage
Banking/Mortgage Brokerage
P 11
Beauty/Barber Shop, or Beauty Spa (includes
nail/skin care as accessory or as separate establishment
S 16 11
139
Building Contractors Office
P 10
Chiropractic Office or Clinic
P P 14 9
Counseling Services P P 10
Computer Supplies and Services
P 11
Credit Reporting Services P 10
Dentist Office P P 9
Dry Cleaning Substation (no processing)
S 16 11
Employment Agency P 10
Engineering Services P P 10
Film Processing Substation
S 16 11
Funeral Home S 3 11
Hotel or Motel P 4
Insurance Agency P P 10
Interior Decorator, Showroom and Salesroom
P 10
Interior Decorator, Office only
P 10
Investigative Services P P 10
Investment and Tax Counseling
P P 10
Laboratory, Medical or Dental
P P 9
Law Office P P 10
Loan or Finance Agency P 10
Mail and Parcel Center P 10
Market Research Services P P 10
Massage Therapist P P 9
140
Medical Office P P 9
Messenger or Courier Services
P 11
Mobile Automobile Wash/Wax Service
S S 20 N/A
Notary Public P P 10
Office, Business or Professional
* 50% of ground floor square footage must be
retail uses.
P P 10
Opticians or Optical Goods, Showroom
P P 9
Opticians or Optical Goods, Office only
P P 9
Personal Skills Instruction Studio
P 10
Photographic Studio S 16 11
Physical Fitness Facility S 16 11
Physical Therapist P P 9
Planning and Zoning Consultant
P P 10
Psychologist P P 9
Public Relations Services P P 10
Quick Printing P 11
Real Estate Agency P P 10
Reproduction and Stenographic Services
P 11
Research and Development
P 14
Stock Brokerage P P 10
Telephone Answering Services
P P 11
141
Tutorial Services P P 11
Travel Agency P 10
Book or Stationery Store S 16 11
Camera and Photo Supply Store
S 16 11
Confectionery or Ice Cream Parlor
S 16 8
Drinking Place S 16 7
Drug, Pharmacy or Sundry Store
S 16 11
Florist S 16 11
Gift, Novelty or Souvenir Shop
S 16 11
Hobby, Toy or Game Shop S 16 11
Jewelry Store S 16 11
Lumber and Building Materials Store
S 11
Newsstand S 16 11
Office Supplies S 16 11
Restaurant, Accessory S 16 N/A
Tobacco Shop S 16 11
Radio and TV Broadcasting Station
P 12
142
ORDINANCE NO. _____12
An Ordinance pursuant to a request to amend the Official Zoning Map, amending the 3zoning designation of the property located at 7800 SW 57th Avenue, and as legally 4described herein, from “RS-3” Residential and “RO” Residential Office to “LO” Low-5Intensity Office. 6
7WHEREAS, 7800 Red Road, LLC , (the “Applicant”), submitted an application (PB-18-007) to 8
amend the City of South Miami Official Zoning Map to change the designation of the property located at 97800 SW 57th Avenue, and as legally described in Exhibit 1, from “RS-3” Residential and “RO” Residential 10Office to “LO” Low-Intensity Office; and11
12WHEREAS, the Planning Board has reviewed the proposed amendment to the Official Zoning 13
Map, and it has held an advertised public hearing and provided for public participation in the process; 14and 15
16WHEREAS, a motion to recommend approval of the application resulted in a tie vote and 17
therefore the item was presented to the City Commission without a recommendation from the Planning 18Board. 19
20NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 21
SOUTH MIAMI, FLORIDA AS FOLLOWS:2223
Section 1. The City of South Miami hereby adopts an amendment to the Official Zoning Map 24changing the designation the property located at 7800 SW 57th Avenue and as legally described in the 25attached Exhibit 1, from “RS-3” Residential and “RO” Residential Office to “LO” Low-Intensity Office. A 26copy of the pertinent part of the Map is attached hereto and made a part hereof as Exhibit 2.27
28Section 2. Codification. The provisions of this Ordinance shall become and be made part of the 29
Official Zoning Map of the City of South Miami as amended.3031
Section 3. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any 32reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 33the validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder.34
35Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 36
parts of sections of ordinances in direct conflict herewith are hereby repealed.3738
Section 5. Effective Date. This Ordinance shall become effective upon enactment.3940
PASSSED AND ENACTED this _____ day of _______________, 2019.4142
The East ½ of the North ½ of the Southeast ¼ of the Southeast ¼ of the Northeast ¼, less the West 25 8feet thereof, in Section 36, Township 54 South, Range 40 East, lying and being in Miami-Dade County 9(formerly Dade County), Florida.10
11
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EXHIBIT 2234
EXCERPT OF OFFICIAL ZONING MAP567
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147
148
149
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1
CITY OF SOUTH MIAMI
PLANNING BOARD Regular Meeting Minutes
Tuesday, September 11, 2018 CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I. Call to Order
Action: Dr. Philips called the meeting to order at 7:05 P.M.
II. Roll Call
Board Members Present Constituting a Quorum: Dr. Sally Philips (Chairperson), Mr. Subrata Basu, Mr. Lee Jacobs, Dr. Velma Palmer, Mr. Mark Lago, and Mr. Orlando Borges.
Board Members Absent: Ms. Aracely Alicea (Vice-Chairperson). City Staff Present: Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe
III. Administrative Matters No administrative matters were discussed by the Board.
1. PB-18-007 Applicant: 7800 Red Road, LLC An Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoning designation of the property located at 7800 SW 57 Avenue, and as legally described herein, from “RS-3” Residential and “RO” Residential Office to “LO” Low-Intensity Office. Applicant: Edward Martos (Legal Representation for the applicant) Mr. Basu read PB‐18-007 into the record. Ms. Tompkins presented the staff report for PB‐18-007. Dr. Philips asked what the recommendation was from staff. Ms. Tompkins stated that the Department recommends that the split zoning remain, with the portion that is zoned RO changing to LO and the portion zoned RS-3 remaining the same. Mr. Borges asked if there was access to fire personnel and equipment on the property, to which Ms. Tompkins stated yes. Mr. Jacobs asked where the ingress and egress were located. Ms. Tompkins responded that the ingress and egress were both located along Red Road (SW 57th Avenue). Mr. Jacobs asked if the parking was adequate for the demands of the building. Ms. Tompkins responded that the minimum amount of parking required is based on the type of tenant in the building, not the zoning. He then asked if the parking was adequate, to which Ms. Tompkins stated yes. Mr. Martos presented the project to the Board. Mr. Pepe swore in everyone that spoke on the item. The Chairperson opened the floor to public comments on P8-007
• Leslie Goebel – Oppose
• Rod Mandelstam – Oppose
• Michael Scordilis – Oppose
• David Lee – Oppose
• Yohan Chin – Oppose
• Claudia Hauri – Oppose
• Barbara Teuten – Oppose During the public hearing, Mr. Borges asked the City Attorney if he had any issues with staff’s recommendation for the item. Mr. Pepe responded that he did not have an issue with the recommendation. The Chairperson closed the floor to public comments on PB-18-007
153
3
Mr. Martos informed the Board that staff brought to his attention that proper notice was not given to the adjacent municipalities, which is required by the Land Development Code (LDC). Because of that, the applicant requested that the item be tabled so that the proper notice could be given. Mr. Martos stated that his client has no intentions of opening a hotel or motel on the property. Additionally, he stated that his client has no desire to open an ingress/egress on to SW 57th Court. Mr. Borges asked if the client would be willing to place a deed restriction on the property, to which Mr. Martos stated that he would have to consult with the client first. Mr. Martos stated that his client was not aware of any issues with trash being blown on to other properties and stated that his client will take the steps to address the issue. Mr. Martos stated that the property has a swale area that permits parking by law. Any person visiting the building, or any adjacent building can use the swale area for parking. He stated that the problem is that employees in the downtown South Miami area use the swale areas for parking and walk into the downtown area. It is an ongoing problem but use of the swale area for parking is out of the control of his client. Mr. Martos confirmed with City Staff that the next Planning Board hearing would take place Tuesday, October 9, 2018. Mr. Martos stated that his client is listening to the concerns of the neighbors, and that this request isn’t about overdeveloping the property or encroaching on the residential area. It is about clarifying something on the zoning map that has become an issue for an owner of a commercial property. Mr. Borges asked if the applicant had any pictures of the wall that the neighbors are talking about, to which Mr. Martos stated no. Mr. Borges then asked if some time of hedge material can be placed in front of it, to which Mr. Martos stated that he will speak to his client regarding the wall. Motion: Mr. Basu moved to table PB-18-007 to the next regular scheduled Planning Board meeting. The motion was seconded by Mr. Borges. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Mr. Borges: Yes Dr. Philips: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Mr. Lago: Yes
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2. PB-18-008 Applicant: City of South Miami An Ordinance amending Section 20-3.1 (A) and (B) relating to the zoning use districts of the City’s Land Development Code including changes to make it compatible with the proposed changes to the Comprehensive Plan and include an existing zoning district in the table of districts. Applicant: City of South Miami Mr. Borges read PB‐18-008 into the record.
Mr. Lightfoot presented the staff report for PB‐18-008. Mr. Lightfoot pointed out that there is a typo in the ordinance. The purpose statement for the Low Intensity “LO” zoning district should have included the land use designation of “Business Office (Low Intensity and Volume)” Mr. Jacobs asked a question about the Mixed Use – Affordable Housing (MU-AH) zoning district that was being created. Mr. Lightfoot responded that the zoning district was a previously created district that does not have any designated areas. Mr. Jacobs asked if there were any constraints to the districts, to which Mr. Lightfoot said yes. The dimensional requirements can be found in the City’s Land Development Code (LDC). Dr. Philips asked a question about the number of zoning districts listed in the LDC. She stated that It used to say twenty-nine (29) districts and now states that there are thirty-one (31). Was this a miscount? Mr. Lightfoot responded that the City has added districts over the years, but the count was never updated to reflect the addition of the districts. Mr. Basu stated that the affordable housing cannot be used as a district. For clarification purposes, Mr. Lago stated no new zoning districts are being created by the ordinance before the Board. The ordinance is only correcting errors in that were previously overlooked. Mr. Basu asked if there were any areas that use the MU-AH zoning district, to which Mr. Lightfoot stated no. Dr. Palmer made the comment that the ordinance was vague. She also commented that if there is no area for the MU-AH district, how would it be applied. Mr. Lightfoot stated that the purpose of the ordinance was to only update the list zoning districts that the City has whether they are applied to a specific property or not. Dr. Palmer then asked if it was a good idea to start using language from the Comprehensive Plan even though it was not adopted yet. Ms. Tompkins responded that the Comprehensive Plan was previously adopted by the City Commission on September 4, 2018. By law, the final document must be sent back to the State of Florida and all interested parties. Because of that, the document won’t take effect until a thirty (30) day wait period has passed. By the time the ordinance makes it to the City Commission for their review, the wait period would have already been completed. Dr. Palmer stated that the City should have waited until the thirty (30) day period was completed before submitting the proposed ordinance.
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Mr. Jacobs voiced his concerns regarding the MU-AH zoning district. Ms. Tompkins stated that the MU-AH district was a previously created zoning district that does not have any designated areas. Mr. Jacobs then asked for examples of where the district could be located. Both Ms. Tompkins and Mr. Lightfoot provided the Board with sample areas for the district based on its purpose statement. Mr. Jacobs asked if the district could be in the TODD district. Ms. Tompkins stated that the Department did not study that particular district for the purposes of this ordinance. This ordinance was created to mainly clean up the table and bring the purpose statements into consistency with the Comprehensive Plan. When the City begins its rewrite of the LDC, a proper review the MU-AH district will be performed. Dr. Palmer stated that the purpose statement is so vague that it isn’t clear as to where the district will be applied. Both Mr. Lago and Mr. Basu reiterated that nothing new is being approved at this time. The ordinance is only a house keeping exercise to clean up the zoning district table.
The Chairperson opened the floor to public comments on PB-18-008 None The Chairperson closed the floor to public comments on PB-18-008 Motion: Mr. Borges moved to approve PB-18-008. The motion was seconded by Mr. Lago. No further discussion was held on the item. Vote: Yes 4, No 2 (Jacobs, Palmer) Mr. Lago: Yes Mr. Jacobs: No Dr. Palmer: No Dr. Philips: Yes Mr. Borges: Yes Mr. Basu: Yes
V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section Mr. Basu asked if land use was recently changed for the first item on the agenda. Ms. Tompkins stated that the land use for the property was changed from Residential Office (RO) to Business Office (BO) as part of the Comprehensive Plan update that was recently adopted, and the map was changed accordingly. New Business Section There was no new business. The Chairperson closed the floor for new business.
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VI. Approval of the Minutes
Because there was an item on the agenda regarding Fellowship Church, Mr. Borges recused himself from the review of the meeting minutes.
1. Planning Board Regular Meeting Minutes of July 16, 2018:
Mr. Lago moved to approve the meeting minutes with changes. The motion was seconded by Dr. Palmer. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Mr. Borges: Recused Dr. Philips: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Mr. Lago: Yes
VII. Future Meeting Date: A) Regular Meeting – October 9, 2018
VIII. Adjournment
The meeting was adjourned at 8:21 P.M.
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CITY OF SOUTH MIAMI
PLANNING BOARDRegular Meeting MinutesTuesday, October 9, 2018
CITY COMMISSION CHAMBERS07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: arepresentative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov).
I. Call to Order
Action: Dr. Philips called the meeting to order at 7:03 P.M.
II. Roll Call
Board Members Present Constituting a Quorum: Dr. Sally Philips (Chairperson), Ms. Aracely Alicea(Vice-Chairperson), Mr. Subrata Basu, Mr. Lee Jacobs, Dr. Velma Palmer, Mr. Mark Lago, and Mr. Orlando Borges.
Board Members Absent: None.
City Staff Present: Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
Ms. Tompkins stated that the November Planning Board meeting needs to be rescheduled but that it could be done at the end of the meeting.
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Mr. Jacobs stated that he would like to change his vote from yes to no on the July 16, 2018 meeting minutes. Dr. Philips stated that this item should be discussed during the review of the meeting minutes, to which Mr. Jacobs agreed.
IV. Public Hearings
1. PB-18-007Applicant: 7800 Red Road, LLCAn Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoning designation of the property located at 7800 SW 57 Avenue, and as legally described herein, from “RS-3” Residential and “RO” Residential Office to “LO” Low-Intensity Office.
Applicant: Chad Friedman and Edward Martos (Legal Representation for the Owner), Allan Serviansky (Owner Representative)
Mr. Lago read PB‐18-007 into the record.
Because the item was initially heard at the September 11, 2018 Planning Board meeting, Dr. Philips decided not to hold staff and applicant presentations for a second time.
Mr. Pepe swore in everyone that spoke on the item.
The Chairperson opened the floor to public comments on P8-007
Rod Mandelstam – Oppose Michael Scordilis – Oppose Richard Kirtland – Oppose Gim Kuan (Yohan) Chin – Oppose Alexandra Rincones – Oppose Ryan Ennis – Oppose Richard Acosta – Oppose Barbara Teuten - Oppose
Mr. Borges asked the City Attorney if the legal ad was correct. Mr. Pep responded that the legal ad was correct.
The Chairperson closed the floor to public comments on PB-18-007
Mr. Friedman presented the project to the Board
Mr. Borges asked what the fence at the rear of the property was composed of and its height. Mr. Friedman responded that the fence was made of concrete. He then stated that he did not know how high the fence was, but it was painted and heavily landscaped.
Mr. Borges asked the applicant to elaborate on the lighting of the parking lot. Mr. Friedman stated that there are no changes proposed for the lighting for the site. He then stated that the application
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is not about redevelopment of the site. While the change would allow for new uses at the building, several uses would be lost as well.
Mr. Friedman then continued his presentation of the project.
Dr. Palmer asked for clarification on the applicant’s statement regarding the encouragement by staff to pursue the application. Mr. Friedman responded that the property has split zoning, which the City has been trying to eliminate. Additionally, the Residential Office (RO) zoning district is not a district that the City is looking to keep. Last the current building in incompatible with the purpose statement for the RO zoning district.
Dr. Palmer stated that the property owner knew that the property had split zoning when it was purchased and waited to apply for the rezoning after the property was redeveloped. If it was the intent of the owner to change the zoning, the application should have been submitted when the property was purchased. Mr. Friedman stated that the owner waited on applying until the amendments to the Comprehensive Plan were complete.
Dr. Palmer stated that the concern that the residents have regarding the proposed application are valid.
Mr. Borges asked City Staff to repeat the recommendation for the application. As requested, Ms. Tompkins read the recommendation into the record. Ms. Tompkins then clarified some of the statements made by the applicant. She stated that while there was a change to the RO land use category, the change was to the name. The title for the category was changed to “Business Office (BO)” and language was added to the description strengthen the resolve of the City to protect the neighborhoods. The City did not initiate a map amendment for this property.
Mr. Jacobs asked if the City was planning on doing away with the RO zoning district. Ms. Tompkins responded that when the process of reviewing the Land Development Code and Comprehensive Plan began, one of the items that was part of the scope of work for the project and discussed with the consultant, city manager and elected officials was the review of the RO zoning district to make sure that neighborhoods were being protected.
Mr. Borges asked if the height for both zoning districts was the same. Ms. Tompkins responded that while the LO, RO and RS-3 zoning district all have a maximum height of 2 stories, both the RO and RS-3 zoning district have a maximum height twenty-five (25) feet where the LO zoning district allows for a maximum height of thirty (30) feet. The property as it is built today has maximum height of thirty (30) feet.
Mr. Borges asked if the staff recommendation was to rezone the front half of the property to LO and leave the parking lot as RS-3, to which Ms. Tompkins stated yes.
Dr. Philips stated that one reason for rezoning the building was the fact that it would better comply with the dimensional requirements for the LO zoning district opposed to the dimensional requirements for the RO zoning district. She then stated that because of the amount of parking that would be required, it would be almost impossible to put a hotel on the property.
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Mr. Jacobs asked if the applicant would be willing to put a deed restricting on the property, prohibiting such uses as a hotel, motel, or bank. Mr. Friedman stated that he is in the process of discussing the use of a deed restriction with the owner of the property.
Mr. Lago asked what the current occupancy was for the building. Mr. Friedman stated that the building is approximately 65% occupied. Mr. Lago then asked what some of the uses were that was not allowed under the current RO zoning. Mr. Borges also asked what kinds of uses the owner would like to see in the building. Mr. Friedman responded that the owner has turned down several medical offices that would have substantial amount of traffic. As far as the uses that have been turned down, the spa/beauty type use is one such use as well as exercise type uses.
Mr. Lago asked again about the types of uses that the owner would like to see go into the building.
Mr. Serviansky approached the podium and was sworn in by the City Attorney
Responding to Mr. Lago’s question, Mr. Serviansky responded that the owner would like to lease space to beauty salons and physical fitness facilities like Pilate studios or personal training.
Mr. Borges asked if the exercise uses would contained inside the unit or outside in the parking lot, to which Mr. Serviansky responded that they would be contained inside the unit.
Mr. Borges asked City Staff why the City would want to keep that parking lot zoned as RS-3. Ms. Tompkins responded that the City was trying to find a way to protect the neighbors.
Dr. Palmer asked the City Attorney if the City could deny a use when it is allowed by the corresponding zoning district. Mr. Pepe responded that if the zoning district permits the use by right, then the use would be allowed. If the use was permitted as a special use, they would have to go through the special use permit process. If an applicant states that they do not intend to use certain uses that are permitted, it doesn’t mean that they are committed. They can still apply later for a use that is permitted by right or as a special use permit.
Dr. Palmer stated that there is a valid concern that the applicant can state now that a hotel or bank use would not be added to the property, the zoning allows for these uses so that they could be added later. Mr. Pepe responded that because of the possibility, the applicant is exploring the option of adding a covenant preventing these uses that would be running with the land that would restrict the use.
Mr. Basu asked if the applicant had any immediate plans to change the use of the property, to which Ms. Tompkins stated no. Mr. Basu then stated that the desire to change the zoning so that is consistent with the Comprehensive Plan would be true for the entire strip of RO zoned properties along SW 57th Avenue. He then stated that the City should initiate the change. Ms. Tompkins responded that the RO zoning district is consistent with the BO land use category. Each separate property shouldn’t have to file a separate rezoning application. Zoning by covenant is not an appropriate was of zoning properties. The change to the entire RO district should be initiated by the City.
Mr. Borges asked if either of the zoning districts would allow for the property to get access to SW 57th Court from the rear of the property. Ms. Tompkins responded that the applicant would be
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required to file an application for site plan approval that would be reviewed by the Environmental Review & Preservation Board (ERPB). She then stated that there allegedly was a resolution from 1960 prohibiting the use of an access onto SW 57th Court, but the City Clerk has been unable to locate the document.
Mr. Borges stated that he was satisfied with the wall along the rear is adequately landscaped. He then stated that he was concerned about the traffic on SW 57th Court.
Motion: Mr. Borges moved to approve PB-18-007 with staff’s recommendations and the condition that there be no entrance or exit onto SW 57th Court.
The motion was seconded by Mr. Lago.
Mr. Basu reiterated that the City should investigate changing the zoning for the entire RO district along SW 57th Avenue instead of doing it piecemeal, to which both Dr. Palmer and Mr. Jacobs agreed. Mr. Lago then asked if the Board can request that the City investigate the whole RO zoning district.
Ms. Alicea informed the Board that she was approached by both the City Attorney and the Planning Director prior to the meeting and informed that because she wasn’t present at the previous meeting where PB-18-007 was first heard, she could not vote on the item at this meeting.
Because there was a tie vote, the item will go to the City Commission with no recommendation.
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This instrument was prepared by:
Chad S. FriedmanWeiss Serota Helfman Cole & Bierman, P.L.2525 Ponce de Leon Boulevard, Suite 700Coral Gables, Florida 33134
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned Owner holds the fee simple title to the land in the City of South Miami, (the “City”), Florida, described in Exhibit “A,” attached hereto, and hereinafter called the “Property,” which is supported by an attorney’s opinion; and
IN ORDER TO ASSURE the City that the representations made by the Owner during development review process will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property:
1. There shall be no vehicular access from the Property to S.W. 57th Court.2. All principal uses shall be conducted within the building on the Property.
City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the conditions herein agreed to are being complied with.
Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of the City and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City.
Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first
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been modified or released by the City .
Modification, Amendment, Release. This Declaration may be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed by the, then, owner(s) of the property, including joinders of all mortgagees, if any, provided that the same is also approved by the City Commission after a public hearing.
Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both.
Authorization for the City to Withhold Permits and Inspections. In the event the terms of this Declaration are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges.
Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration.
Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion.
Recording. This Declaration shall be filed of record in the public records of Miami-Dade County, Florida at the cost of the Owner following the approval of the Application. This Declaration shall become effective immediately upon recordation. Notwithstanding the previous sentence, if any appeal is filed, and the disposition of such appeal results in the denial of the application, in its entirety, then this Declaration shall be null and void and of no further effect. Upon the disposition of an appeal that results in the denial of the Application, in its entirety, and upon written request to the City Manager or designee, shall forthwith execute a written instrument, in recordable form, acknowledging that this Declaration is null and void and of no further effect.
Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in
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Declaration of RestrictionsPage 3
any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, the City Council and/or City staff retain their full power and authority to deny each such application in whole or in part and to decline to accept any conveyance or dedication.
Owner. The term Owner shall include the Owner, and its heirs, successors and assigns.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this ___ day of ___________, 2019.
The foregoing instrument was acknowledged before me this ___ day of _________, 2019by _____________, as President of ____________________, a Florida limited liability corporation. He is [ ] personally known to me or [ ] produced ____________________________ as identification.
SEAL ___________________________________Name: ______________________________Notary Public, State of FloridaCommission No. My commission expires:
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EXHIBIT “A”
LEGAL DESCRIPTION
The East ½ of the North ½ of the Southeast of the Southeast of the Northeast ¼, less the West 25 feet thereof, in Section 36, Township 54 South, Range 40 East, lying and being in Miami-Dade County (formerly Dade County), Florida; together with the improvements located thereon.
