amend Section 2-121.1, Definitions; Section 2-1214, Finances and Fund Management; Establishment and Operation of Fund; Section 2-121.6, Benefit Amounts and Eligibility; Section 2-121.9, Vesting; Section 2-121.10, Optional Forms of Benefits; Section 2-121.15, Maximum Pension; Section 2-121.27, Deferred Retirement Option Plan (DROP); Section 2-121.28, Prior Police Service; and Section 2-121.9, Reemployment after Retirement. (Applicant: Brought forward by City Management)
Offenses and Miscellaneous Provisions, by establishing Article XII, Parking on Public Property, to provide regulations for parking trailers in City-owned or controlled parking lots in the South Cape Downtown District. (Applicant: Brought forward by Councilmember Gunter)
Property Assessment Clean Energy (PACE) District and the City of Cape Coral; Department: Community Development; Dollar Value: N/A; (Fund: N/A)
A. Reports from Youth Council - Councilmember Williams (Liaison for the Youth Council) B. Resolution 89-18 Request to County Board of Commissioners to Carve Out Cape Coral from any Straw Ballot Measure related to Consolidation of Fire Districts
3. Members of the City Council may question any witness on relevant issues, by the applicant and/or the applicant's representative, City staff, or by any member of the public. In accordance with the Americans with Disabilities Act and Section of 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty- eight (48) hours prior to the meeting. If hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance. Persons wishing to address Council under Citizens Input or the Consent Agenda may do so during the designated times at each meeting. No prior scheduling is necessary. All speakers must have their presentations approved by the City Clerk's office no later than 3:00 PM the day of the meeting. Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary. When recognized by the presiding officer, a speaker shall address the City Council from the designated speaker's lectern, and shall state his or her name and whom, if anyone, he or she represents. An address shall only be required if necessary to comply with a federal, state of local law. Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15 cents per page. Agendas and back-up documentation are also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting.
Item Number: B.(1) Meeting Date: 4/16/2018 Item Type: CONSENT AGENDA AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Resolution 69-18 Approve Contract PB-CW18-63/AP piggybacking the State of Florida Department of Management Services Participating addendum 43190000-18-NASPO-ACS-1 awarded to Motorola Solutions, Inc. via the lead agency, State of Washington Contract/NASPO Master Agreement 06913 for the purchase of Portable Radios, Mobile Radios, and accessories, at the unit price awarded, not to exceed budgetary limits; And authorize the City Manager, or designee, to sign the contract, amendments and any renewals. The contract was competitively solicited and awarded; Department: Police/Fire; Estimated Annual Dollar Value 90,000; (General Fund) REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:
the City were obsolete and replacement parts would no longer be available as of December 31, 2018. Existing units would only be able to be repaired if parts remain in the supply chain. As a result, the Police and Fire Department began to replace the older model radios.
and will utilize this contract by issuing purchase orders funded by the operational accounts: 122201.652116 Fire (Life Safety), 121102.652116 Police (Communication and Records); 122301.652116 Fire (Operations), and 232010.652116 Fire (All Hazards).
The Fire Department implemented a multi-year phased approach to replacing all obsolete radios. Recommendation The Police Department would like to continue replacing the remaining portable radios that are obsolete and related equipmenVaccessories from Motorola in the current budget year at an estimated cost of 37,614.26.
Radios Subcategory: Portable, Dual-Band Subcategory: Portable, Single-Band tier I Subcategory: Portable, Single-Band tier II Subcategory: Portable, Single-Band tier III Subcategory: Mobile, Dual-Band Subcategory: Mobile, Single-Band tier I Subcategory: Mobile, Single-Band tier II Subcategory: Mobile, Single-Band tier III Subcategory: Desktop, Dual-Band Subcategory: Desktop, Single-Band tier I Subcategory: Desktop, Single-Band tier II
2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. A Customer may, at its sole discretion, suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and will cease the activities associated with any resulting contract or purchase order. Within 90 days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or a resulting contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor.
3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within 40 calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. Page 6 of 19
4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer within the manner and at the location specified in the Contract and any attachments to the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior or contemporaneous agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, by reputable air courier service, email, or by personal delivery, or as otherwise identified by the Department.
Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran s status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)-(c), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Governing Law and Venue. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. The Contractor and any subcontractors that assert corporate status must provide the Department with conclusive evidence, per section 607.0127, F.S., of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity and maintain such status or authorization through the life of the Contract and any resulting contract or purchase order.
6.2 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and Page 9 of 19 contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at firstname.lastname@example.org for information on certified small business enterprises available for subcontracting opportunities. 6.3 Assignment. The Contractor will not sell, assign or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. In the event of any assignment, the Contractor remains secondarily liable for performance of the Contract. The Department may assign the Contract to another state agency.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 8.1 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall:
Page 12 of 19 all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.
If the Department receives a public records request for contract-related materials designated by the Contractor as confidential, the Department will provide only the portions of the contract-related materials not designated as confidential. If the requester asserts a right to examine contract-related materials designated as confidential, the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated confidential. If the Department is served with a request for discovery of contract-related materials designated confidential, the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated confidential only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as confidential from disclosure. The Contractor will protect, defend, and indemnify the Department for claims, costs, fines, and attorney s fees arising from or relating to its designation of contract-related materials as confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/.
Page 13 of 19 Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States. Notwithstanding any provision of this Contract to the contrary, the Contractor must notify the Department as soon as possible, in accordance with the requirements of section 501.171, F.S., and in all events within one (1) business day in the event Contractor discovers any Data is breached, any unauthorized access of Data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of Data or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one agency/customer or the entire population. The notification must be clear and conspicuous and include a description of the following:
9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. SECTION 10. GRATUITIES AND LOBBYING. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer Page 14 of 19
11.2 Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance.
12.1 Performance or Compliance Audits. The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor s and subcontractor s data and records that directly relate to the Contract. To the extent necessary to verify the Contractor s claims for payment under the Contract, the Contractor s agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon 15 days notice, during normal working hours and in accordance with the Contractor s facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor s contracts relating to this Contract. The State of Florida s Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 18 of 19 EXHIBIT B FLORIDA SPECIAL CONTRACT CONDITIONS This Exhibit contains the Special Contract Conditions. If a conflict exists between the Special Contract Conditions and the General Contract Conditions, the Special Contract Conditions shall take precedence over the General Contract Conditions unless the conflicting term in the General Contract Conditions is required by Florida law, in which case the General Contract Conditions term will take precedence. Special Contract Conditions are as follows: Section 1 Scope All products and services offered under this addendum must be in compliance with the Master Agreement scope. Failure to adhere to Master Agreement scope, may result in addendum termination and the reimbursement of reprocurement costs in accordance to 60A-1.006 F.A.C.. Section 2 Information Technology (IT) Standards Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) has established information technology standards for security, project management and oversight. State agencies shall ensure compliance with AST standards as established in Rule Chapter 74-1 and 74-2, F.A.C, as applicable. Section 3 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract, via the established Complaint to Vendor process (PUR 7017 form), may result in default proceedings and cancellation. Section 4 Monthly Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports electronically through MFMP VIP. All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Contractor in default and subject the Contractor to exclusion from business with the State of Florida. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online through MFMP U on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available from the MyFloridaMarketPlace Customer Service Desk at email@example.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 6:00 PM, Eastern Time. Section 5 Quarterly Sales Reports Each Contractor shall submit a sales report to the Department on a Quarterly basis. Contract Sales Reports must include the Contractor s name, the dates of Quarter covered, each Customer s name, services provided, and the amount paid by the Customer. Page 19 of 19 Initiation and submission of the Contract Sales Reports are to be the responsibility of the Contractor. The Contractor will submit the completed Sales Report forms by email to the Department Contract Manager no later than the due date indicated in Section 10. Submission of these reports is considered a material requirement of this Contract and the Contractor. Failure to provide quarterly sales reports, including those indicating no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) is considered as Non-Performance by the Contractor. Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed. Section 6 Quarterly Reporting Timeframes Quarterly reporting timeframes coincide with the State Fiscal Year as follows:
Section 7 Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor s agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department s additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination.
a. Contractor s Information and Contacts b. Contract Manager c. Contract Report Forms Only the above listed provisions can be made without a formal Contract amendment. Florida General Contract Conditions, section 6.10, applies to all other modifications to the Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. EXHIBIT B
158.00 158.00 Services Percent Discount Charge PER HOUR Equipment configuration and system design 192.75 Technical support services 192.75 Equipment installation 192.75 Equipment repair 192.75 Engineering Professional Services 192.75 Project Management Professional Services 192.75 Service Delivery Manager 192.75 Service from the Start
QA01648 ADD: ADVANCED SYSTEM KEY - HARDWARE KEY 5.00 3.65 TOTAL: 10,371.00 7,616.19 Services Percent Discount Charge PER HOUR Equipment configuration and system design 192.75 Technical support services 192.75 Equipment installation 192.75 Equipment repair 192.75 Engineering Professional Services 192.75 Project Management Professional Services 192.75 Service Delivery Manager 192.75 Service from the Start
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