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6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1

CITY OF SOUTH MIAMI

CITY COMMISSION MEETING AGENDATuesday, June 18, 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)

C. ROLL CALL

D. MOMENT OF SILENCE

E. PLEDGE OF ALLEGIANCE

F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEENREGISTERED WITH THE CITY CLERK

G. PRESENTATIONS

H. APPROVAL OF MINUTES1

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Ha. 06.04.19 minutes 06.04.19 minutes.pdf

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.

L1. Mary Ann Ruiz, has been appointed by Mayor Stoddard to the Planning Board, as per CityCharter Art. II, Sec. 8 A, for a two-year term ending June 18, 2021. Mary Ann Ruiz's Board Committee Application.pdf

L2. Daniel Montana, has been appointed by Commissioner Gil to the Budget & FinanceCommittee, as per City Charter Art. II, Sec. 8 A. Daniel Montana's board application.pdf

M. COMMISSION REPORTS, DISCUSSION & REMARKS

N. CONSENT AGENDA1. A Resolution authorizing the City Manager to purchase from Parker Systems, a sole source

distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., aCanadian federal corporation authorized to transact business in the State of Florida, five (5)new model, Luke II, Parking Multi-Space Pay Stations. 3/5 (City Manager-Finance Dept.) CM Memo Parker Systems 5.31.19.docxrev6.6.19Resolution Parking Pay Station Piggyback 5.31.19.docQuotation 20172310_from_Parker_Systems.pdfRes. 185-15-14524 T2 Systems Canada.pdfCity of Miami Beach Renewal R206-29432.pdf

2. A Resolution authorizing the City Manager to procure services from ARBE, LLC d/b/aEngineering For Kids for summer STEM classes at the Gibson-Bethel Community Center. 3/5(City Manager-Parks & Recreation) Memo- Summer STEM Program (QP).docxReso Summer_STEM_Program QP CArev.docxBID OPENING ITQ PR2019-06 5.31.19.pdfENGINEERING FOR KIDS PROPOSAL ITQ PR2019-06 5.31.19.pdfDEMAND STAR, STEM PROGRAM 5.31.19.pdfSUN BIZ ARBE LLC 5.31.19.pdf

3. A Resolution of the City of South Miami authorizing the City Manager to execute all futureEdward Byrne Memorial Justice Assistance Grant (JAG) Agreements wherein the grant

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amount is for $5,000 or less. 3/5 (City Manager) BYRNE JAG $5000 Memo.docxResolution authorizing CM re 5000.docx

4. A Resolution authorizing the City Manager to execute a grant agreement with Miami-DadeCounty for the City of South Miami SoMi Tree Planting Project in an amount not to exceed $9,400. 3/5 (City Manager) FY19 Memo-Neat Streets.docFY19 Resolution SoMi Tree Planting.docApproved - South Miami - 2019 STMG Contract (002).pdf

5. A Resolution authorizing the City Manager to expend $10,564 with Rehrig Pacific Companyfor the purchase of new residential garbage containers. 3/5 (City Manager-Public WorksDept.) Memo- Garbage Bins 06-19.docxReso- Garbage Bins #s 06-19.docCascade Quote.pdfRehrig Quote.pdfToter Quote.pdf

6. A Resolution authorizing the City Manager to execute a professional service work order toSRS Engineering, Inc., for a Pedestrian Bridge Feasibility and Preliminary Design for crossingat US#1 at 70th Street and US#1 and 71st Street. 3/5 (City Manager-Public Works &Engineering) Memo_for_SRS_for_SoMi_Ped_Bridge_Study_and_Prelim_design.docxReso for SRS for SoMi Ped Bridge Study and Prelim design.docxRes No 060-17-14861 - Professional Services 2017.pdfSRS Professional Service Agreement.pdfSo.Mia Ped Bridge Study and Prelim design 5-29-2019.PDF

O. RESOLUTION(S)7. A Resolution authorizing the City Manager to procure a new water trailer from Multiquip,

Inc., by piggybacking onto its contract with a Minnesota governmental agency known asSourcewell. 3/5 (City Manager-Parks & Recreation Dept.) Memo-Water Trailer Equipment (QP).docxReso-Water_Trailer_Equipment CArev.docxREV Piggyback Contract SOURCWELL MULTIQUIPx 5.31.19.pdf

8. A Resolution directing the City Clerk to notify certain property owners of proposed changesto the Comprehensive Plan, Future Land Use Map, Land Development Code, and Zoning Map.3/5 (Mayor Stoddard) Resolution direction to Clerk re 166.041(3)(c)CArev.docx

9. A Resolution amending Resolution No. 125-17-14926 to extend the expiration of the SpecialUse approval for an increase in height from two stories to three stories for a Mixed-UseProject on the East Madison Square property as legally described herein. 4/5 (CityManager-Planning Department)

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East Madison Square Special Use Extension Staff Memo 06182019.docxMadison Sq East 2019 Sp Use Ext Resolution CArev.docxExtension Request Letter June 5 2019.pdf

10. A Resolution amending Resolution No. 126-17-14927 to extend the expiration of theVariance approval for a reduction in the number of parking spaces provided for a Mixed-UseProject on the East Madison Square property as legally described herein. 4/5 (CityManager-Planning Department) East Madison Square Variance Extension Staff Memo 06182019.docxMadison Sq East VarianceExt Resolution_06182019CArev.docxExtension Request Letter June 5 2019.pdf

11. A Resolution amending Resolution No. 203-17-15004 to extend the expiration of the SpecialUse approval for an increase in height from two stories to three stories for a Mixed-UseProject on the West Madison Square property as legally described herein. 4/5 (CityManager-Planning Department) West Madison Square Special Use Extension Staff Memo 06182019.docxMadison Square West Special Use Extension Resolution 061819.docxExtension Request Letter June 5 2019.pdf

12. A Resolution amending Resolution No. 123-17-14924 to extend the expiration of theVariance approval for a reduction in the number of parking spaces provided for a Mixed-UseProject on the West Madison Square property as legally described herein. 4/5 (CityManager-Planning Department) West Madison Square Variance Extension Staff Memo.docxMadison Square West Variance Extension Resolution.docxExtension Request Letter June 5 2019.pdf

P. RESOLUTION(S) PUBLIC HEARING(S)

Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)13. An Ordinance amending the South Miami Pension Plan to implement the Collective

Bargaining Agreements between the City of South Miami and the American Federation ofState, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the FloridaState Lodge, Fraternal Order of Police, Inc., and the Dade County Police BenevolentAssociation, Inc. by creating Section 16-28 - Deferred Retirement Option Plan (“DROP”) andamending Section 16-12 to define DROP members. 3/5 (City Manager-Finance Dept.) ARMemo Ordinances - Pension Revision (June 2019) DROP - FINAL.pdfSouth_Miami_Ordinance_Creating_DROP_PROPOSED CArev.docxRes. No 184-18-15217 - Agreement with the FOP (Officers Sergeants).pdfActuarial Impact Statement DROP - Updated.pdfMDBR Ad.pdfMiami Herald Ad.pdf

14. An Ordinance amending the South Miami Pension Plan to implement the CollectiveBargaining Agreements between the City of South Miami and the American Federation ofState, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida

4

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State Lodge, Fraternal Order of Police, Inc., and the Dade County Police BenevolentAssociation, Inc. as well as Implement Changes for Members who are not covered under aCollective Bargaining Agreement; by amending Section 16-12, “Definitions”; by amendingSection 16-13, “Eligibility”; by amending Section 16-14, “Pension benefits and retirementdates”; by amending Section 16-17, “Termination”; and by amending Section 16-19,Contributions”. 3/5 (City Manager-Finance Department) ARMemo Ordinances - Pension Revision (June 2019) CAP-Open-More Members FINAL.pdfOrd Amending 16-12, 13, 14, 17 & 19.docxRes. No 184-18-15217 - Agreement with the FOP (Officers Sergeants).pdfActuarial Projection Study (Open Enroll - More Management).pdfActuarial Study - AMSC.pdfMDBR Ad.pdfMiami Herald Ad.pdfMemo Pension Impact Statement (6-18-19) FINAL.pdfActuarial Impact Statement Open-AMSC-Cap.pdfRes No 146-01-11294 - GRS and Support.pdf

R. ORDINANCE(S) FIRST READING(S)

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 ORAPPROVED 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 BE

5

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PRESENTED 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 ASPRACTICABLE 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 ACTION

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TAKEN 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.

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Agenda Item No:Ha.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Nkenga PayneSubmitting Department: City Clerk Item Type: MinutesAgenda Section:

Subject:06.04.19 minutes

Suggested Action:

Attachments:06.04.19 minutes.pdf

8

1 City of South Miami 2 Regular City Commission Minutes 3 June 4, 2019 4 5 The City Commission met in regular session on Tuesday, June 4, 2019, beginning at 7:00 6 p.m., in the City Commission Chambers, 6130 Sunset Drive, South Miami, FL.

8 A) SILENCE OR TURN OFF ALL CELL PHONES

B) ADD-ON ITEM(S)

g ROLL CALL 13

14 The following members of the City Commission were present: Mayor Philip K. Stoddard, 15 Vice Mayor Walter Harris, Commissioner Bob Welsh, Commissioner Luis Gil and Commissioner 16 Josh Liebman (by phone). 17 18 Also, in attendance were: Steven Alexander, City Manager, Thomas Pepe, General

19 Counsel and Nkenga A. Payne, City Clerk.

~q

24

25 ~,

34

ill MOMENT OF SILENCE

F)

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited in unison.

LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK

G) PRESENTATIONS

.!:!l APPROVAL OF MINUTES

Hl.) 05.21.19 minutes

35 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve H) 36 APPROVAL OF MINUTES passed by a 4 - 0 vote:

37

Yea :

CITY COMMISSION MINUTES June 4, 2019

Mayor Stoddard

1

9

3

4

~

7

Nay:

11 CITY MANAGER'S REPORT

(report attached)

J.l CITY ATTORNEY'S REPORT

Vice Mayor Harris Commissioner Welsh Commissioner Gil None

8 Mr. Pepe reported on the following cases: FPL case; Redlight Camera case which was 9 withdrawn.

i2 Kl PUBLIC REMARKS

12 13 The following individual(s) spoke during public remarks: Dick Ward.

ig L) BOARDS AND COMMITTEES, APPOINTMENTS, ETC.

M1 COMMISSION REPORTS, DISCUSSION & REMARKS 18 19 The following is a summary of Commission remarks:

20

21 Commissioner Welsh : Commission on Ethics' complaint about his car; trees on Ludlam. 22 23 Vice Mayor Harris: traffic, recognized residents who takes care of the City. 24

25 Commissioner Gil: wished Mariano Corral a speedy recovery. 26 27 Mayor Stoddard: start of hurricane/mosquito season, mosquito eradicator; solar power 28 of his house for the first week of hurricane seas'on.

~8 S) ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)

~ An Ordinance providing for a Small-Scale Map Amendment amending the City of South Miami Comprehensive Plan Future Land Use Plan Map from Mixed-Use Commercial! Residentia l to Transit-Oriented Development District (TODD) on a log-acre property known as the Winn-Dixie Site and as legally described herein. 3/5 (City Manager-Planning Department)

CITY COMMISSION MINUTES June 4, 2019

2

10

1

2 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve

3 this item on first reading passed by a 3 - 2 vote:

4

7

Yea:

Nay:

Mayor Stoddard

Commissioner Welsh

Commissioner Liebman

Vice Mayor Harris

Commissioner Gil

10.) An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the

City of South Miami Land Development Code modifying Section 20-7.2 Intent,

applicability, boundaries, permitted heights, densities, intensities, and mixed­

use standards; modifying Article VIII. - Transit-Oriented Development District in

order to effectuate a Mixed-Use Project on the Winn-Dixie Site property as

legally described herein. 3/5 (efty Manager-Planning Department)

8 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve

9 this item on first reading passed by a 3 - 2 vote:

10 Yea:

Nay:

Mayor Stoddard

Commissioner Welsh

Commissioner Liebman

Vice Mayor Harris

Commissioner Gil

11.) An Ordinance pursuant to Section 20-5.7 providing for a Map Amendment to

the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to

Transit-Oriented Development District Mixed-Use 6 (TODD (MU-6)) on a 1.9-acre property known as the Winn-Dixie Site and as legally described herein. 3/5 (City Manager-Planning Department)

13 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve

14 this item on first reading passed by a 3 - 2 vote:

15 Yea:

Nay:

CITY COMMISSION MINUTES June 4, 2019

Mayor Stoddard

Commissioner Welsh

Commissioner Liebman

Vice Mayor Harris

3

11

Commissioner Gil 1

2 Jane Tompkins, Planning & Zoning Director presented this item to the City Commission. 3 She noted that Planning staff consulted with Calvin Giordano & Associates regarding the text 4 amendments, site plan review, future land use map amendments and the traffic study for this 5 project/items. 6

7 All Commission members stated that they have had ex-parte communications regarding 8 this project. 9

10 Jeffrey Bass, attorney for the applicant, Albert Cordoves, architect for the project, Robert 11 Parsley, landscaper for the project and Tim Plummer, traffic engineer for the project 12 all presented the vision of the project to the City Commission. Henry Pino also addressed the 13 Commission. 14 15 A community meeting has been scheduled for June 11, 2019 at Chamber South. 16 17 The public hearing was opened on the items and the following individuals spoke after 18 being sworn in by the city attorney: Dr. Steve Halegua, Hank Courtney, Bill Scheubrmann, Dick 19 Ward, Myra Porter, Marta Neira, Mark lago, Antoinette Fischer and Paul Goldstein. 20 21 To answer some important questions, Mr. Bass said that if this project is not approved, 22 Winn-Dixie's lease will expire and there will be no grocery store; Winn-Dixie has been offered the 23 same rent that they are currently paying now for the new project; and no single-family 24 homeowner to the south would be able to see the Winn-Dixie. Mr. Bass also stated that the 25 majority of traffic will go to the north and east and should not impact the south. 26 27 The Commission continued to discuss the items. 28 29 After voting on the items, it was moved by Mayor Stoddard and seconded by 30 Commissioner Liebman to have the second reading public hearing at a Special Meeting scheduled 31 for Tuesday, July 23, 2019 at 7:00 p.m. The motion was approved unanimously.

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34 35

~,

Nl CONSENT AGENDA

Commissioner Welsh pulled item #2 off the Consent Agenda.

1.) A Resolution authorizing the City Manager to execute a professional service work order to EAC Consulting, Inc. for the completion of construction

CITY COMMISSION MINUTES June 4, 2019

4

12

1

documents for a proposed restroom-concession facility at South Miami Park. 3/5 (City Manager-Parks & Recreation)

2 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 3 Resolution No. 71-19-15343 authorizing the City Manager to execute a professional service work 4 order to EAC Consulting, Inc. for the completion of construction documents for a proposed 5 restroom-concession facility at South Miami Park passed by a 5 - 0 vote: 6

9

Yea:

Nay:

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

3.) A Resolution authorizing the City Manager to permit ArtSouth of South Miami to host a South Miami Arts Cooperative event to be held at the Gibson-Bethel Community Center on Saturday, June 22, 2019 and to waive all special event fees associated with it. 3/5 (City Manager-Parks & Recreation)

10 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 11 Resolution No. 72-19-15344 authorizing the City Manager to permit ArtSouth of South Miami to 12 host a South Miami Arts Cooperative event to be held at the Gibson-Bethel Community Center 13 on Saturday, June 22, 2019 and to waive all special event fees associated with it passed by a 5 -14 0 vote: 15

20

Yea:

Nay:

0) RESOLUTION(S)

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

D A Resolution authorizing the City Manager to purchase new landscape materials trom SFM Services. Inc. to be installed within the right-ot-way at Dante Fascell Park. 3/5 (City Manager-Parks & Recreation)

CITY COMMISSION MINUTES June 4, 2019

5

13

1 Moved by Commissioner Welsh, seconded by Commissioner Gil, the motion to approve 2 this item. 3 4 After some discussion, it was moved by Commissioner Welsh and seconded by 5 Commissioner Gil to rebid this project. The motion passed by 4-1 vote: 6

7

§

10

Yea:

Nay:

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman

11 A Resolution authorizing the City Manager to negotiate and to enter into a contract with Tadeos Engineering, LLC for construction renovation services at the Gibson-Bethel Community Center. 3/5 (City Manager-Parks & Recreation)

11 Moved by Vice Mayor Harris, seconded by Commissioner Welsh, the motion to approve 12 Resolution No. 73-19-15345 authorizing the City Manager to negotiate and to enter into a 13 contract with Tadeos Engineering, LLC for construction renovation services at the Gibson-Bethel 14 Community Center passed by a 5 - 0 vote: 15

22 23

24

Yea:

Nay:

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

P) RESOLUTION(S) PUBLIC HEARING(S)

Q) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)

2J An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY GOVERNMENT", Article III titled "BOARDS AND COMMIITEES", to establish an Audit Committee. 3/5 (City Attornev)

The public hearing was opened and closed on this item with no speakers.

CITY COMMISSION MINUTES June 4, 2019

6

14

1 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 2 Ordinance No. 20-19-2333 amending the City of South Miami Code of Ordinances, Chapter 2 3 Titled "ADMINISTRATION AND CITY GOVERNMENT", Article III titled "BOARDS AND 4 COMMITIEES", to establish an Audit Committee passed by a 5 - 0 vote: 5

6

8

9

10 11

Yea :

Nay:

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

§J An Ordinance amending Section SA-5 of Chapter SA ofthe City of South Miami's Code of Ordinances concerning lobbyist registration. 3/5 (Commissioner Welsh)

The public hearing was opened and closed on this item with no speakers.

12 It was moved by Mayor Stoddard and seconded by Commissioner Welsh to make the 13 following changes: on page 2 of 4, line 11 delete the word feF. The motion passed unanimously. 14 15 Moved by Commissioner Welsh, seconded by Commissioner Gil, the motion to approve 16 as amended Ordinance No. 21-19-2334 amending Section SA-5 of Chapter SA ofthe City of South 17 Miami's Code of Ordinances concerning lobbyist registration passed by a 5 - 0 vote: 18

19

~q

Yea:

Nay:

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

R) ORDINANCE(S) FIRST READING(S)

ZJ An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc. by creating Section 16-

CITY COMMISSION MINUTES June 4, 2019

7

15

1

2 3

28 - Deferred Retirement Option Plan ("DROP") and amending Section 16-12 to define DROP members. 3/5 (City Manager-Finance Dept.)

Alfredo Riverol, CFO, explained the two ordinances to the Commission.

4 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve this 5 item on first reading passed by a 5 - 0 vote: 6

7

§

10

Yea:

Nay: .

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

~ An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc. as well as Implement Changes for Members who are not covered under a Collective Bargaining Agreement; by amending Section 16-12, "Definitions"; by amending Section 16-13, "Eligibility"; by amending Section 16-14, "Pension benefits and retirement dates"; by amending Section 16-17, "Termination"; and by amending Section 16-19, Contributions". 3/5 (City Manager-Finance Department)

11 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 12 this item on first reading passed by a 5 - 0 vote: 13

16

Yea :

Nay:

T) ADJOURNMENT

CITY COMMISSION MINUTES June 4, 2019

Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman None

8

16

1 There being no further business to come before this Body, the meeting was adjourned at 2 10:30 p.m. 3

4

Attest:

Nkenga A. Payne City Clerk

CITY COMMISSION MINUTES June 4, 2019

9

Approved:

Philip K. Stoddard Mayor

17

Sout~iami CITY OF SOUTH MIAMI

OFFICE OF THE CITY MANAGER

MEMORANDUM THE CITY OF PLEASANT LIVING

To: The Honorable Mayor & Members of the City Commission

FROM: Steven Alexander

DATE: June 4,2019

SUBJECT: Managers Report

We were very fortunate that last year was a relatively quiet hurricane season for Miami-Dade County, especially considering that we endured Hurricane Irma the previous year. As you may recall, a powerful Category 4 Irma was forecast to strike Miami-Dade, only to veer away from our community. While we were mostly spared, planning and recovery efforts were immense with 660,000 residents ordered to evacuate before the storm, while more than four million cubic yards of debris were collected afterward.

As you know hurricane season started June 1 i so it is extremely important to keep these experiences fresh in mind, and understand that living in South Miami brings benefits along with the chance of severe weather.

Signing up for emergency evacuation assistance if necessary, trimming trees, making a plan for your pets and preparing your emergency kit should be completed as soon as possible. Gather your important papers and emergency supplies - and avoid last-minute grocery store trips, as well as use tap water so you don I t have to battle the crowds in the rush for bottled water. Mostly plan as best as you can and err on the side of safety.

Last night Officer Johnson and others noticed a smell of smoke near the Police Department. A quick canvass of the area revealed no flames or smoke visible in the area. The smell failed to dissipate and began to intensify. Officer Johnson began to canvas the area on foot

18

THE CITY OF PLEASANT LIVING

CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER

MEMORANDUM

and discovered a small amount of smoke emitting from underneath the front steps of the Gazebo at Jean Willis park. MDFR was requested and responded to extinguish the smoke (Alarm #9118701). MDFR Captain Hernandez observed a cigarette bud fall when the staircase was moved. Captain Hernandez stated that the burns were consistent with burns stemming from a still lit cigarette bud. The damage seems minor but we are still investigating.

19

Agenda Item No:L1.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Nkenga PayneSubmitting Department: City Clerk Item Type: ResolutionAgenda Section:

Subject:Mary Ann Ruiz, has been appointed by Mayor Stoddard to the Planning Board, as per City Charter Art. II, Sec. 8A, for a two-year term ending June 18, 2021.

Suggested Action:

Attachments:Mary Ann Ruiz's Board Committee Application.pdf

20

South l\IIJaD1l1 Flo .. t d A ".4!Jc • jiI 'i11Ti!

1001

Referred by: _M.;..::ay-'-or _______ _

Mayor or Commissioner

CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION

6130 Sunset Drive South Miami, FL 33143

Phone No. 305-663-6340 Fax No. 305-663-6348

1. I am interested in serving on the following board(s)/committee(s):

2.

Planning Board

First choice Green Task Force

Third choice

Environmental Review & Preservation

SecoDd choice

Fourth choice

Name: _______________________ M_a~~~A_n_n_R_u_iz ____________________________________ __

(please print) 3. Home Address: 4840 SW 64 Ct, South Miami, FL 33155

4. Business Address: 201 Alhambra Circle, Suite 1200, Coral Gables FL 33134

5. Home Phone No. ________ _ Business Phone No. _3_05_6_69_0_11_4 _____ _

Fax No. 7867286611 --------6. E-mail Address: ______ m_a-'r@:...m_a_~_'a_nn_r_ui_z._co_m _______ __________________ _

7. EducationiDegree Earned: _B_BA....:,:....M_S..:., _JD __________ _ __________ _

Pertinent Experience: I am an allorney, representing condominium unit owners and property owners for 10 years in the areas of

community association law, construcllon law, real estate law, insurance law and landlord tenant law.

Field Expertise: I am well-versed in developments and have handled disputes and lawsuits in new, complex condmominiums

often including seven~1 parcels, owners, hotel and recreational components.

8. Comm~nity Service: Dade Heritage Trust Board Member, Miami-Dade Chapter of the Florida Association of Women Lawyers Committee Chair,

9. 10. U. 12.

Our Lady of Lourdes Academy Alumnae Association Law Section Chair

Attached Resume: (Optional) Are you a registered voter? Are you a resident of the City? Do you have a business in the City?

yes§ Yes Yes

NO~ No No .f

Please be aware that all applicants who are appointed to any City board, commission or committee, as well as all employees and volunteers, who will provide any service or who may come into contact with vulnerable persons as defined 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 fingerprinting requirements as per, Florida Statute Ch. 435. Such individual must have passed the background screening to the satisfaction of the City prior to the appointment to the position or the start of any employment or volunteerism.

Signahue ______ ~_+~~~~~~~~~------- Date It \\0 111

Revised 4115 21

MARY ANN RUIZ 201 Alhambra Circle, Suite 1200 Coral Gables, FL 33134 I 305.669.0114 I [email protected]

Ms. Ruiz is a civil lit igation attorney in Coral Gables, Florida. She has managed her own firm and practice for a decade. Ms. Ruiz has achieved a Mmtindale­Hubbell AV Preeminent Peer Review Rating, awmded only to those lawyers with tile Ilighest ethical standmds and professional ability. Ms. Ruiz is an active member in her community, with diverse interests.

EXPERIENCE

Attorney and Mediator, Mary Ann Ruiz, P.A.

Coral Gables, FL

2009 10 Present

- For 10 yems, Ms. Ruiz has represented property owners in the meas of condominium and homeowners association law, construction law, real estate law, insurance low, landlord tenant law and has served as a mediator. This decade of hard work has earned her a reputation for delivering results with the utmost professionalism. The firm's practice has grown to encompass not only increasingly luxurious properties, but also the increasingly complex matters and disputes associated with South Florida's burgeoning mixed-use towers and developments. The firm represents South Florida property owners, based locally, domestically and internationally.

Associate Attorney, Siegfried Rivera

Coral Gables, FL

2007-2008

Ms. Ruiz represented condominium and homeowners associations in a range of matters, including construction defect claims and turnover financial claims, liens and foreclosures and enforcement actions. Ms. Ruiz also represented developers in construction defect claims and association turnover financial claims.

Law Clerk and Summer Associate, Peekar and Abramson, P.C.

Miami, FL

2006-2007

- Ms. Ruiz concentrated her work on behalf of general contractor clients for issues stemming from industrial. commercial and condominium projects.

Law Clerk, Mastee

Coral Gables, FL

2005-2006

- Ms. Ruiz worked within the in-house legal department of this publicly-traded, leading notional infrastructure construction company, operating mainly throughout the United States. Ms. Ruiz provided legal research, memoranda and litigation support for construction, premises liability, landlord/tenant, labor and employment and corporate matters.

22

Associate, Investor Relations, Aphton Corp.

Miami, FL

2001 -2004

- Ms. Ruiz worked within the investor relations department of this publicly-traded, clinical stage biopharmaceutical company engaged in the research and development of cancer immunotherapies. Ms. Ruiz's work included releasing financial information to the investor community, conducting financial analyst briefings, publishing quarterly and annual reports, coordinating shareholder meetings, communicating daily with both individual and institutional investors and certifying compliance with the Sarbanes-Oxley Act.

EDUCATION

University of Miami School of Law - J.D. 2004-2007

- Activities and Societies: Member of Order of Barristers, selection among 10 graduating students in recognition of oral advocacy, brief writing, and leadership skills; Mock Trial Competition Team; Recipient of Marco Vazquez Scholarship for outstanding performance in Litigation Skills Program; Law Activity Fee Allocation Committee; Hispanic Law Students Association - Treasurer; UM Law Negotiation Competition -Semifinalist.

Florida International University School of Journalism and Mass Communication - M.S. Integrated Communications: Advertising and Public Relations 2002-2004

Florida International University College of Business Administration - B.B.A. Finance 1999-2002

- Magna Cum Laude, Member of Phi Kappa Phi, Beta Gamma Sigma, and Golden Key International Honor Societies

Our Lady of Lourdes Academy - High School 1995-1999

LEADERSHIP

- Ms. Ruiz is a member of the Alumnae Association of Our Lady of Lourdes Academy. She serves as Co-Chair of the Law Section, connecting graduates working in the legal field, including judges, attorneys, paralegals and legal assistants. She coordinates events for the group.

- Ms. Ruiz is a member of the Miami-Dade Chapter of the Florida Association for Women Lawyers. MDFAWL is a volunteer bar association dedicated to actively promoting the advancement of women in the legal profession, expanding the leadership role of its members in the community at large, and promoting women's rights.

- Ms. Ruiz is a member of the Dade Heritage Trust, whose mission is to preserve Miami­Dade County's architectural, environmental, and cultural heritage through preservation, education and advocacy efforts.

Mary Ann Ruiz, Page 2 23

- Ms. Ruiz is a member of the Coconut Grove Sailing Club.

BACKGROUND

- Ms. Ruiz was born in Miami, Florida. She was raised in the Schenley Park neighborhood of Miami-Dade County. She currently lives in the City of South Miami with her husband and two daughters. She is interested in mid-century design, landscaping and preserving everything that makes Miami and South Florida so vibrant.

REFERENCES

Available upon request

Mary Ann Ruiz, Page 3 24

Agenda Item No:L2.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Nkenga PayneSubmitting Department: City Clerk Item Type: ResolutionAgenda Section:

Subject:Daniel Montana, has been appointed by Commissioner Gil to the Budget & Finance Committee, as per CityCharter Art. II, Sec. 8 A.

Suggested Action:

Attachments:Daniel Montana's board application.pdf

25

Referred by:

5". .. 1." Mln .... 1 r~ I 0 .. 1 d: ...

CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION

FI· ~1 .0< .. ~I () b n t;; ...;:: , ~ N ~(~ ~ ~

6130 Sunsel Drive South Mia"li, FL 33143

Phone No. 305-663-6340 ~ ~ .tl Fax No. 305-663-6348 'T! ~ ~ ::n ~""J.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

I am interested in serving 011 the following board(s)/committee(s): Q =, --------_._--

First choict b d . "f- k.......,,-- u "'" .;, Third choict . Fourth choIce

Name: \)(>..V\{<2.1 M0Y\±aW\D<. (please print)

Home Address: b 7'7 () $t>0 :{f, ~ lC

Business Address: ~,,;»"'''''-''''''''''-'-'&.--''= _________________ _

IIomePho~eNo.3D>~ {, Prb>O 'S :SusinessPhoneNo. 'SO'C; $'3{ - IO'l D \ Fax No.

E-mailAddress: l·!M<>vU",-",o-eb(l::. 0 I/-t'"' , Ylf >r-EducationlDegree Earned: _. )?,'-"-. C>.=.~-,E_· 0"''';:;:9''\,,';'''1"''''''-___________ _ Pertinent Experience: ____________________ _

Attached Resume: 0 (Optional)

Are you a registered voter?

Are you a resident ofthe City?

.Do you have a business in the City?

Yes~ Yesd

Yes

Date /' r1.-! { I f

No

NO_j No~

Revised 512010

26

Agenda Item No:1.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Steven KulickSubmitting Department: Finance Department Item Type: ResolutionAgenda Section:

Subject:A Resolution authorizing the City Manager to purchase from Parker Systems, a sole source distributor for T2Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., a Canadian federal corporation authorized totransact business in the State of Florida, five (5) new model, Luke II, Parking Multi-Space Pay Stations. 3/5 (CityManager-Finance Dept.)

Suggested Action:

Attachments:CM Memo Parker Systems 5.31.19.docx

rev6.6.19Resolution Parking Pay Station Piggyback 5.31.19.doc

Quotation 20172310_from_Parker_Systems.pdf

Res. 185-15-14524 T2 Systems Canada.pdf

City of Miami Beach Renewal R206-29432.pdf

27

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: June 18, 2019

SUBJECT: A Resolution authorizing the City Manager to purchase from Parker Systems, a sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., a Canadian federal corporation authorized to transact business in the State of Florida, five (5) new model, Luke II, Parking Multi-Space Pay Stations.

BACKGROUND: The City of South Miami desires to purchase automated parking pay stations from Parker Systems, a sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., using the City of Miami Beach, RFP #46-10-11 through a piggyback agreement. Parker Systems has agreed to honor the prices provided to the City of Miami Beach from RFP #46-10-11, expiring on August 10, 2019.

Each new machine provides for an additional regular operating cost of $35 per month, per machine, to operate the EMS software which provides connectivity and reporting capabilities.

These funds are allocated in account number 301-1410-513-6430, Finance Equipment Capital Improvement Fund within 2018/2019 fiscal year budget with a current balance of $43,984.25

AMOUNT: $40,147.50

ACCOUNT: 301-1410-513-6430, Finance Equipment Capital Improvement Fund

ATTACHMENTS: ResolutionQuotation, Parker Systems Piggyback Agreement, Resolution 185-15-14524City of Miami Beach Renewal Extension, Resolution No. 2016-29423

28

Page 1 of 2

RESOLUTION NO: _______________1

A Resolution authorizing the City Manager to purchase from Parker Systems, a 2sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment 3Technologies, Corp., a Canadian federal corporation authorized to transact 4business in the State of Florida, five (5) new model, Luke II, Parking Multi-Space 5Pay Stations.6

WHEREAS, the City of South Miami desires to purchase additional automated 7parking pay stations through T2 Systems Canada, Inc.'s exclusive distributor, Parker 8Systems, and the City will use the current City of Miami Beach contract that was 9competitively solicited under RFP #46-10/11; and10

WHEREAS, the City is currently using the T2 Systems Canada, Inc. pay station 11system and pay stations that it manufactures. This system and these pay stations are 12proprietary and cannot be linked with pay stations purchased from other 13manufacturers; and14

WHEREAS, Parker Systems maintains an exclusive, protected territory under 15contract with T2 Systems Canada, Inc., as such Parker Systems is the only distributor 16authorized to sell, deliver and service T2 System Canada, Inc., products; and17

WHEREAS, T2 Systems Canada, Inc. has agreed to honor the prices provided to 18the City of Miami Beach from RFP #46-10-11; and19

WHEREAS, each new machine provides for an additional regular operating cost 20of $35 per month, per machine, to operate the EMS software which provides 21connectivity and reporting capabilities; and22

WHEREAS, these funds are allocated in account number 301-1410-513-6430, 23Finance Equipment Capital Improvement Fund within 2018 /2019 fiscal year budget 24with a current balance of $43,984.25.25

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 26THE CITY OF SOUTH MIAMI, FLORIDA;27

Section 1. The City Manager is authorized to purchase from Parker Systems a 28sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, 29Corp.; a Canadian federal corporation authorized to transact business in the State of 30Florida, five (5) new model, Luke II, Parking Multi-Space Pay Stations. The purchase will 31made through a City of Miami Beach piggyback agreement, from RFP #46-10-11. A copy 32of the City of Miami Beach agreement, the letter renewing the agreement and the 33piggyback agreement with the City of South Miami are attached34

Section 2. Severability. If any section, clause, sentence, or phrase of this 35resolution is for any reason held invalid or unconstitutional by a court of competent 36 29

Page 2 of 2

jurisdiction, this holding shall not affect the validity of the remaining portions of this 1resolution.2

Section 3. Effective Date: This resolution shall take effect immediately upon 3enactment.4

PASSED AND ADOPTED this ___ day of __________, 2019.56

ATTEST: APPROVED:789

____________________________ _________________________10CITY CLERK MAYOR11

1213

COMMISSION VOTE:14READ AND APPROVED AS TO FORM,15LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard:16EXECUTION THEREOF Vice Mayor Harris:17

Commissioner Welsh:18_______________________ Commissioner Liebman:19CITY ATTORNEY Commissioner Gil:20

30

Parker Systems1115 Bridgeway Blvd.Orlando, FL 32828 US

(407) [email protected]

2017-2310

ADDRESS SHIP TO

Carlos MarencoCity of South Miami6130 Sunset DriveSouth Miami, FL 33143

Carlos MarencoCity of South Miami6130 Sunset DriveSouth Miami, FL 33143

DATE05/30/2019

TOTAL$40,147.50

ACTIVITY QTY RATE AMOUNT

900.0019Luke II-100B 38 KeySolar/Coin/Bill/Credit/Printer

5 7,098.81 35,494.05

880.4105Modem Kit - Int LTE With GSM - L2 V5

5 353.19 1,765.95

880.4040Coin Shutter - L2

5 62.50 312.50

115.0108Coin Canister Box Assembly - L2

5 0.00 0.00

115.0132Bill Stacker - 1000 Note, with lock

5 0.00 0.00

460.0051SIM Card - Digital Connect - AT&T KORE

5 0.00 0.00

100.0102Digital Connect Wireless Data Activation Fee

5 0.00 0.00

100.1110Multilingual Software (per pay station)

5 0.00 0.00

InstallationInstallation, Set up, Testing (on existing pads)

5 265.00 1,325.00

Tier II SupportAnnual Tier II Support and Maintenance

5 250.00 1,250.00

TOTAL $40,147.5031

THANK YOU.

Accepted By Accepted Date

32

RESOLUTION NO: 185-15-14524

A Resolution authorizing the City Manager to purchase from T2 SystemsCanada, Inc., f/k/a Digital Payment Technologies, Corp., three (3) new model,Luke II, Parking Multi-Space Pay Stations

WHEREAS, the City of South Miami desires to purchase automated parking paystations from T2 Systems Canada, Inc., using the City of Miami Beach contract number86910 7094 RT0001 terms and conditions; and

WHEREAS, T2 Systems Canada, Inc. has agreed to honor the prices provided tothe City of Miami Beach from RFP #46-10-11; and

WHEREAS, each new machine provides for an additional regular operating costof $35 per month, per machine, to operate the EMS software which providesconnectivity and reporting capabilities; and

WHEREAS, these funds are allocated in account number 301-1410-513-6430,

Finance Equipment Capital Improvement Fund within 2015 /2016 fiscal year budgetwith a current balance of $30,000.

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF

THE CITY OF SOUTH MIAMI, FLORIDA;

Section 1. The City Manager is authorized to purchase from T2 Systems Canada,Inc., previously known as Digital Payment Technologies, Corp.; a Canadian federalcorporation authorized to transact business in the State of Florida, three (3) new model,Luke II, Parking Multi-Space Pay Stations to be placed throughout the City of SouthMiami. The purchase will made through a City of Miami Beach piggyback agreement,from RFP #46-10-11. A copy of the City of Miami Beach agreement, the letter renewingthe agreement and the proposed piggyback agreement with the City of South Miami areattached

Section 2. Severability. If any section, clause, sentence, or phrase of thisresolution is for any reason held invalid or unconstitutional by a court of competentjurisdiction, this holding shall not affect the validity of the remaining portions of thisresolution.

Section 3. Effective Date: This resolution shall take effect immediately uponenactment.

Page 1 of2

33

Res. No. 185-15-14524

PASSED AND ADOPTED this 1_7ttiay of November, 2015.

ATTEST:

^X^OyyOuJu^J,CITY CLERK

READ AND APPROVED ASLANGUAG EOEGAWfYEXEGUTldfJlrilREOF

RM,

UTION

Page 2 of 2

APPROVED:

COMMISSION VOTE:

Mayor Stoddard:

Vice Mayor Harris:

Commissioner Liebman:

Commissioner Welsh:

Commissioner Edmond:

5-0

Yea

Yea

Yea

Yea

Yea

34

CONTRACT FOR PARKING PRODUCTS AND ASSOCIATED INSTALLATIONAND MAINTENANCE SERVICES

THIS AGREEMENT made and entered into thisjyday of Qqr&'Eitt- ,20_i$_,by and between the City of South Miami, a Florida municipal Corporation by and through itsCity Manager (hereinafter referred to as "City") and T2 Systems Canada Inc.. (hereinafterreferred to as "Contractor").

WITNESSETH:

WHEREAS, the City ofMiami Beach solicited bids, pursuant to RFP #46-10/11. forParking Products and Associated Installation and Maintenance Services: and

WHEREAS, the City ofMiami Beach, after completing a competitive biddingprocess, awarded a contract to Contractor, and

WHEREAS, the City of South Miami desires to utilize the City ofMiami BeachContract and pursuant to authority of the City of South Miami's Charter.

NOW, THEREFORE, the City and the Contractor, each through their authorizedrepresentative/official, agree as follows:

1. The City desires to enter into a Contract, under the same terms andconditions as set forth in the solicitation and the agreement between City ofMiami Beachand Contractor, pursuant RFP #46-10/11.

2. The City has reviewed the contract and agrees to the terms and conditions andfurther agrees to the fair and reasonableness of the pricing. Contractor hereby agrees toprovide such services under the same price(s), terms and conditions as found in thesolicitation documents and the response to the solicitation, pertinent copies ofwhich areattached hereto as Exhibit A and made a part hereof by reference, and the agreement and/orthe award between City of Miami Beach and Contractor., pursuant RFP #46-10/11. a copyofwhich, including any amendments and addendums thereto, is attached hereto and made apart hereof by reference.

3. All references in the contract between City of Miami Beach and Contractor,shall be assumed to pertain to, and are bidding upon Contractor and the City of South Miami.All decisions that are to be made on behalfof the City, as set forth in the City ofMiamiBeach's RFP #46-10/11 and its agreement with Contractor, shall be made by the CityManager for the City of South Miami. The term of the contract, including all extensionsauthorized by the contract shall not exceed five years. Notwithstanding anything containedin the RFP #46-10/11 or the City of Miami Beach contract to the contrary, this agreementshall be governed by the laws of the State of Florida and venue for all dispute resolutions orlitigation shall be in Miami-Dade County, Florida.

4. Public Records: Contractor and all of its subcontractors are required to

Thomas F. Pepe -7-16-14

Page 1 of335

comply with the public records law (s.l 19.0701) while providing goods and/or Services onbehalfofthe CITY and the Contractor, under such conditions, shall incorporate thisparagraph in all of its subcontracts for this Project.

5. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarilyand intentionally waive any right either may have to a trial by jury in State or Federal Courtproceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of theContract Documents or the performance of the Work thereunder.

6. Validity of Executed Copies: This agreement may be executed in severalcounterparts, each ofwhich may be construed as an original.

7. Governing Laws and Venue: This Agreement and the performance ofservices hereunder will be governed by the laws of the State of Florida, with exclusive venuefor the resolution of any dispute being a court ofcompetent jurisdiction in Miami-DadeCounty, Florida.

8. Attorneys' Fees and Costs: In the event ofany litigation between the partiesarising out ofor relating in any way to this Agreement or a breach thereof, each party shallbear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the rightto be indemnified for any attorney fees incurred in the defense of an action by a person orentity who is not a party to this Agreement.

9. Severability: If any term or provision ofthis Agreement or the applicationthereofto any person or circumstance shall, to any extent, be invalid or unenforceable, theremainder of this Agreement, or the application of such term or provision to persons orcircumstances other than those to which it is held invalid or unenforceable, shall not beaffected thereby and each term and provision of this Agreement shall be valid andenforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, and as the duly authorized act ofthe parties, the undersignedrepresentatives of the parties hereto have caused this instrument to be signed in their respectivenames by their proper officials and to be attested by their respective Clerks the day and year firstabove written.

T2 Systems Canada Inc:

By:.

(type name and title ofsignatory above)

laria MfMenendez, CMCCity Clerk

Thomas F. Pepe-7-16-14

Page 2 of3

<££even Alexander«^^City Manager

36

Read and Approved as to Form,Language, Legality and ExecutionThereof

Thomas F. PepeCity Attorney

Thomas F. Pepe - 7-16-14

Page3 of337

38

39

40

41

42

43

44

45

Agenda Item No:2.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Quentin PoughSubmitting Department: Parks & Recreation Item Type: ResolutionAgenda Section:

Subject:A Resolution authorizing the City Manager to procure services from ARBE, LLC d/b/a Engineering For Kids forsummer STEM classes at the Gibson-Bethel Community Center. 3/5 (City Manager-Parks & Recreation)

Suggested Action:

Attachments:Memo- Summer STEM Program (QP).docx

Reso Summer_STEM_Program QP CArev.docx

BID OPENING ITQ PR2019-06 5.31.19.pdf

ENGINEERING FOR KIDS PROPOSAL ITQ PR2019-06 5.31.19.pdf

DEMAND STAR, STEM PROGRAM 5.31.19.pdf

SUN BIZ ARBE LLC 5.31.19.pdf

46

CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM

TO: The Honorable Mayor & Members of the City Commission

FROM: Steven Alexander, City Manager

Via: Quentin Pough, Director of Parks & Recreation

DATE: June 18, 2019

SUBJECT: A Resolution authorizing the City Manager to procure services from ARBE, LLC d/b/a Engineering For Kids for summer STEM classes at the Gibson-Bethel Community Center.

DONOR: The STEM (Science, Technology, Engineering, and Mathematics) Program for 2019 Summer Camp and Teen Camp is made possible through a generous contribution in the amount of $7,000 dollars from Volksblast, Inc. For the past 19 years, VolksBlast, Inc. has held its annual Volkswagen Car Show event in the City of South Miami. This reoccurring event showcases approximately 250 classic Volkswagen cars and generates approximately 10,000 attendees who stimulate South Miami’s economy through various purchases during the event from local merchants and restaurants.

BACKGROUND: The City’s Parks and Recreation Department is planning to launch a series of STEM activities as part of its 2019 Summer Camp and Teen Program. These classes will focus on STEM learning through dynamic and powerful applied science activities inspiring hands on and engaged learning. Children will design, create, test and improve experiments that explore what technology is and how it affects everyday life.

Through various engineering avenues, kids aged five (5) to sixteen (16) years old will learn and create experiments in a fun environment. Each class will incorporate topics that help kids and teens to excel beyond what they learn in school. Class topics range from aerospace, chemical and civil to environmental engineering, marine science, coding software and robotics.

The City submitted an Invitation to Quote (ITQ) #PR2019-06 on Friday, May 17, 2019 for a “STEM Summer Program Administrator”. One (1) proposal was received from ARBE, LLC d/b/a Engineering For Kids.

47

CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM

Department staff has had a solid working relation with ARBE, LLC in the past.

VENDOR: ARBE, LLC d/b/a Engineering For Kids

EXPENSE: $6,500

ACCOUNTS: Expenditures related to summer camp in the amount of $4,500 shall be charged to Summer Camp, account number 001-2000-572-5550, which has a balance of $18,700 before this request was made.

Expenditures related to teen camp in the amount of $2,000 shall be charged to Special Recreation Programs, account number 001-2000-572-5670, which has a balance of $4,801 before this request was made.

ATTACHMENTS: Resolution Bid Opening ReportProposal: ARBE, LLC d/b/a Engineering For KidsDemand Star ResultsSun-Biz Report - ARBE, LLC d/b/a Engineering For Kids

48

Resolution No.: _____________________12

A Resolution authorizing the City Manager to procure services from ARBE, LLC d/b/a 3Engineering For Kids for summer STEM classes at the Gibson-Bethel Community Center.4

5WHEREAS, the STEM (Science, Technology, Engineering, and Mathematics) Program for 2019 6

Summer Camp and Teen Camp is made possible through a generous contribution in the amount of 7$7,000 dollars from Volksblast, Inc.; and 8

9WHEREAS, the City’s Parks and Recreation Department is planning to launch a series of STEM 10

activities as part of its 2019 Summer Camp and Teen Program. These classes will focus on STEM 11learning through dynamic and powerful applied science activities inspiring hands on and engaged 12learning. Children will design, create, test and improve experiments that explore what technology is 13and how it affects everyday life; and14

15WHEREAS, the City submitted an Invitation to Quote (ITQ) #PR2019-06 on Friday, May 17, 16

2019 for a “STEM Summer Program Administrator”. One (1) proposal was received from ARBE, LLC 17d/b/a Engineering For Kids; and 18

19WHEREAS, the total expenditure shall not exceed $6,500.20

21NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 22

SOUTH MIAMI, FLORIDA THAT:2324

Section 1. The City Manager is authorized to procure services for summer STEM programs 25and expend an amount not to exceed $6,500 to ARBE, LLC d/b/a Engineering For Kids from the 26following accounts:27

28- Expenditures related to summer camp in the amount of $4,500 shall be charged to Summer 29

Camp, account number 001-2000-572-5550, which has a balance of $18,700 before this 30request was made.31

- Expenditures related to teen camp in the amount of $2,000 shall be charged to Special 32Recreation Programs, account number 001-2000-572-5670, which has a balance of $4,801 33before this request was made.34

35Section 2. If any clause, sentence, or phrase of this resolution is for any reason held invalid 36

or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of 37the remaining portions of this resolution.38

Section 3. This resolution shall become effective immediately upon adoption by vote of the 39City Commission.40

PASSED AND ADOPTED this ____ day of _____________, 2019.41

42

49

ATTEST: APPROVED:4344

________________________ ________________________45CITY CLERK MAYOR46

47READ AND APPROVED AS TO FORM: COMMISSION VOTE:48LANGUAGE, LEGALITY AND Mayor Stoddard:49EXECUTION THEREOF Vice Mayor Harris:50

Commissioner Gil:51Commissioner Liebman:52

________________________ Commissioner Welsh:53CITY ATTORNEY 54

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Member Name City of South Miami

Bid Number

ITQ-ITQ#PR2019-06-0-

2019/SK

Bid Name

“STEM SUMMER

PROGRAM

ADMINISTRATOR”

2 Planholder(s) found.

267 NOTIFIED

Supplier Name Address 1 City State Zip Phone

In Focus Mobility, Inc  934 N UNIVERSITY DR  CORAL SPRINGS  FL  33071  9542619226 

Miami Consulting, Inc.  6130 Sunset Drive  South Miami  FL  33143  3056636338 

1 Document(s) found for this bid

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Agenda Item No:3.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Zachariah CosnerSubmitting Department: City Manager Item Type: ResolutionAgenda Section:

Subject:A Resolution of the City of South Miami authorizing the City Manager to execute all future Edward ByrneMemorial Justice Assistance Grant (JAG) Agreements wherein the grant amount is for $5,000 or less. 3/5 (CityManager)

Suggested Action:

Attachments:BYRNE JAG $5000 Memo.docx

Resolution authorizing CM re 5000.docx

88

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: June 18th, 2019

SUBJECT: A Resolution of the City of South Miami, Florida, accepting and approving the City Manager to proceed with all future Edward Byrne Justice Assistance Grants (JAG-D & JAG-C) valued under $5,000.

Background: The JAG Program provides local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution, indigent defense, courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation, technology improvement, and crime victim and witness initiatives and mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. Each year the City of South Miami participates in the JAG-C and JAG-D grants, receiving amounts generally under $5,000. This resolution would streamline the process of applying for and accepting this funding.

ATTACHMENTS: Resolution

89

RESOLUTION NO: ______________1

A Resolution of the City of South Miami authorizing the City Manager to execute all 2future Edward Byrne Memorial Justice Assistance Grant (JAG) Agreements 3wherein the grant amount is for $5,000 or less.4

WHEREAS, the JAG program is authorized under 34 U.S.C. §§ 10151 – 10158 and is 5the leading source of federal justice funding to state and local jurisdictions; and6

7WHEREAS, the JAG program provides funding for local police departments to perform 8

a range of activities including material acquisition, training, education, technology improvement, 9etc.; and10

11WHEREAS, the City of South Miami participates in multiple Byrne JAG grant program 12

agreements each year, notably JAG-C and JAG-D, with the majority of grant agreements 13providing less than $5,000 dollars in funding to the City of South Miami; and14

15WHEREAS, the City Manager requires the authorization of the Mayor and Commission 16

to execute each grant agreement under the Byrne JAG program; and1718

WHEREAS, the Mayor and Commission’s blanket extension of authorization for the 19City Manager to execute all future BYRNE JAG program agreements providing funds under 20$5,000 would streamline the process of applying for and receiving funds.21

22NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 23

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:24

Section 1. The City Manager is hereby authorized to execute all future grant agreements25with the Florida Department of Law Enforcement, Office of Criminal Justice Grants for the 26Edward Byrne Memorial Justice Assistance Grant in instances wherein the amount of funds 27received totals $5,000 or less. Notwithstanding the forgoing, nothing contained herein shall imply 28that the City Manager has less authority than provided in the City Charter regarding his contracting 29authority.30

Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 31any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 32not affect the validity of the remaining portions of this resolution.33

Section 3. Effective Date. This resolution shall become effective immediately upon 34adoption by vote of the City Commission.35

PASSED AND ADOPTED this _____day of __________, 2019.3637

ATTEST: APPROVED:3839

____________________________ ________________________40CITY CLERK MAYOR41

42READ AND APPROVED AS TO FORM, COMMISSION VOTE:43

90

LANGUAGE, LEGALITY AND Mayor Stoddard:1EXECUTION THEREOF: Vice Mayor Harris:2

Commissioner Gil:3_____________________________ Commissioner Liebman4CITY ATTORNEY Commissioner Welsh:5

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Agenda Item No:4.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Zachariah CosnerSubmitting Department: City Manager Item Type: ResolutionAgenda Section:

Subject:A Resolution authorizing the City Manager to execute a grant agreement with Miami-Dade County for the City ofSouth Miami SoMi Tree Planting Project in an amount not to exceed $ 9,400. 3/5 (City Manager)

Suggested Action:

Attachments:FY19 Memo-Neat Streets.doc

FY19 Resolution SoMi Tree Planting.doc

Approved - South Miami - 2019 STMG Contract (002).pdf

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CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM

TO: The Honorable Mayor & Members of the City Commission

FROM: Office of the City Manager

DATE: June 18th, 2019

____________________________________________________________________________________________

SUBJECT: A Resolution authorizing the City Manager to execute a grant agreement with Miami-Dade County for the South Miami (SoMi) Tree Planting Project in an amount not to exceed $ 9,400.

BACKGROUND: Miami-Dade County, by and through its Office of Neat Streets Miami, has awarded the City a matching grant not to exceed $9,400. The City will provide an equal amount in matching funds. The grant will provide funding for the SoMi Tree Planting Project which will allow the City to plant a total of Forty (40) trees.

The grant will help the Office of Neat Streets Miami reach their goal of planting one million trees and developing a thirty percent (30%) tree canopy in the County by 2020. Based on the recent competitive bid, the cost-break down is shown below:

GRANTOR: Miami-Dade County Office of Neat Streets Miami – Local Granting Agency

GRANT AMOUNT: $ 9,400

MATCH AMOUNT: $ 9,400

MATCH ACCOUNT NO.: City’s Tree Trust Fund 118-1750-519-3450 with a balance of $25,000

GRANT PERIOD: Upon execution date through August 8th, 2019

ATTACHMENTS: Miami-Dade Contract

AMOUNT TYPE OF TREE COST TOTAL

17 SILVER BUTTONWOOD 12 FEET $450 $7,6505 PIGEON PLUM 12 FEET $450 $2,2509 MARLBERRY $450 $4,0509 DAHOON HOLLY $450 $4,050

CONTINGENCY $800 $80040 TOTAL - $18,800

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RESOLUTION NO._________123

A Resolution authorizing the City Manager to execute a grant agreement 4with Miami-Dade County for the City of South Miami SoMi Tree Planting5Project in an amount not to exceed $ 9,400.6

7WHEREAS, Miami-Dade County, by and through its Office of Neat Streets Miami, has8

awarded the City a matching grant not to exceed $ 9,400. The grant will provide funding for the 9SoMi Tree Planting Project which will allow the City to plant twenty-four trees; and10

11WHEREAS, the City is required to contribute an equal amount of funds for the grant 12

program; and1314

WHEREAS, the City will use the City’s Tree Trust Fund Account 118-1750-519-3450 15with a balance of $25,000, and 16

17WHEREAS, the Mayor and City Commission authorize the City Manager to execute the 18

agreement with Miami-Dade County’s Office of Neat Streets Miami and accept the funding 19amount of $ 9,400 for the City of South Miami SoMi Tree Planting Project.20

21NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:2324

Section 1: The City Manager is hereby authorized to execute the agreement with Miami-25Dade County’s Office of Neat Streets Miami for the City of South Miami SoMi Tree Planting 26Project with an expiration date of August 8th, 2019 and accept the funding amount not to exceed27$9,400. The grant agreement is attached to this resolution.28

29Section 2: Severability. If any section, clause, or phrase of this resolution is for any 30

reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 31affect the legitimacy of the remaining portions of this resolution.32

33Section 3: This resolution shall be effective immediately after the adoption hereof.34

35PASSED AND ADOPTED this ____ day of _____________, 201936

37ATTEST: APPROVED:38

39_____________________ ______________________40CITY CLERK MAYOR41

42COMMISSION VOTE:43

READ AND APPROVED AS TO FORM Mayor Stoddard:44LANGUAGE, LEGALITY AND Vice Mayor Harris:45EXECUTION THEREOF: Commissioner Gil:46

Commissioner Liebman:47Commissioner Welsh:48

_________________________49CITY ATTORNEY50

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Miami‐ Dade County Parks, Recreation, and Open Spaces Department 

STREET TREE MATCHING GRANT PROGRAM  

TREE PLANTING AGREEMENT  

Grantee: ____________________ 

Amount: ___________________       

Grant Description:  To plant trees with municipalities and organizations on Miami‐Dade’s corridors as 

part of our efforts to reach the Million Trees Miami goal of achieving a 30% tree canopy. 

This Agreement (the “Agreement”), made and entered into this ____ day of _________, 20___, by and 

between ________________________ (the “Grantee”) and Miami‐Dade County (the “County”), 

hereinafter called the “County” through its Parks, Recreation, Open Spaces Department (the 

“Department”). 

The County and Grantee have agreed to partner on the implementation of 

___________________________________   (project name) to be completed by ________________.    

RECITALS 

WHEREAS, the County desires to  increase the tree canopy  in Miami‐Dade County and to reach 

the Million Trees Miami goal of achieving a 30% tree canopy ; and 

WHEREAS, the County has provided a subaccount to the tree trust fund for the procurement of 

street trees along county and  local roads and of this amount $__________ (the “Grant Funds”) will be 

provided to the Grantee on the terms and conditions set forth in this Agreement; and 

WHEREAS,  the Grantee wishes  to undertake  such  activities provided  in  the  scope of work  in 

Exhibit A of this Agreement; and 

WHEREAS, the Grantee is responsible for the maintenance of the street trees after completion of 

the project; and 

NOW, THEREFORE, the County and Grantee agree as follows: 

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TERMS AND CONDITIONS OF AGREEMENT 

A. Requirements for approval of Grant Award Agreement: As a prerequisite to its receipt of the Grant Funds, the Grantee shall meet the requirements set forth below to the County’s satisfaction.  Requirements for this grant are listed below.   

1. Timeline: The following grant project start date, end date and reporting dates must be adhered to.   Start date: _Contract Execution Date End date: ___________________ Final report date: ____________________  

2. Scope of Work: It is mutually agreed and understood that the scope of work shall be as provided in Exhibit A (Grant Application Package). Scope of Work must adhere to: 

- All trees must be canopy natives or Florida Friendly trees. 

- Trees shall have a minimum overall height of 12 feet and 2‐inch caliper at time of installation, unless under overhead power lines. 

- When installed in roadways, trees shall have a maximum average spacing of 35’ on center and be placed within 7’ of the edge of the roadway pavement and/or where present, within 7’ of the sidewalk. 

- If trees are proposed under overhead power lines, these shall have a minimum overall height of 8 feet and a minimum caliper of 1½‐inch at time of planting. The maximum average spacing in this case shall be 25 feet. 

- Ensure that trees are installed in a way that complies with site triangle regulations and are not planted within no planting zones. 

- All trees shall have and be maintained with a trunk clearance of 4 feet. 

- All trees must conform to the standards for a Florida No. 1 or better, as provided in the most current edition of the “Florida Grades and Standards for Nursery Plants”. 

- Each Grantee is encouraged to review the Miami Dade County Landscape Ordinance, Chapter 18 A, to ensure that the tree installation will be in full compliance with the County’s requirements  

3. Budget: It is mutually agreed and understood that the project costs shall be as provided in Exhibit A (Grant Application Package).  The match amount has to equal or exceed the grant amount.  If matching requirement will be met through the provision of in‐kind service, the County shall approve the value or cost or the in‐kind services to be provided to fulfill the matching requirements.  Match must remain the same or exceed the percent referenced in the original application.      

4. Promotions: All promotions must adhere to the Neat Streets Miami Media Release Guidelines.  The grantee will agree to prepare a draft of a Press Release which describes its project and acknowledges Neat Streets Miami and Million Trees Miami, which shall be subject to the County’s approval in advance of publication. The County shall also be acknowledged in any subsequent media releases or in any printed, website, social media or other communication materials related to the project. Copies of any other publicity as well as copies of any major work products generated in connection with this grant 

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shall be forwarded to the County for review. Miami‐Dade County, Million Trees Miami and Neat Streets Miami logos should be included in all printed materials.   

5. Miami‐Dade County Tree Trust Fund:  Funds allocated to projects by the Street Tree 

Matching Grant come from mitigation funds collected by the Division of Environmental 

Resources Management, i.e. the Tree Trust Fund, and as such are encumbered for the 

planting of trees on public property. These funds shall not be used to satisfy tree 

mitigation per permitting or enforcement requirements. 

6. Conditions and Contingencies: The Grantee agrees that the Grant Funds will be used 

only for the purpose as stated in this Agreement, as described in the Scope of Work  and 

with no substantial variance to the approved Budget (See Exhibit A) unless prior 

approval in writing is obtained from the County. The Grantee certifies that the grantee 

organization operates under a tax‐exempt status. If grantee determines that Grant 

Funds cannot be expended by _____________(end date), the grantee must notify 

liaison immediately and no later than______________. 

B. Additional Requirements due throughout the funding period:    

1. Reporting: Final Report must be submitted electronically by _ __________. Refer to Exhibit B for reporting guidelines. 

2. Data Tracking: All trees planted must be mapped according to County specifications.   3. Organizational Status Changes: The Grantee must notify the County liaison within two 

weeks of changes in organizational status, including but not limited to: key personnel such as senior or project staff, organizational name, tax status, and organizational address. 

4. Other Organizational Changes: The Grantee will notify the County’s liaison of any organizational changes, such as new address or contact information 

 C. Indemnification of County 

 Subject to the limitations on liability set forth in Section 768.28, Florida Statues (to the extent the entity is a State or local government), the Grantee agrees to indemnify, save, and hold the County harmless from all liability, loss, cost, and expense, including attorneys' fees and court costs at all trial  and  appellate  levels, which may  be  sustained  by  the  County,  to  any  person,  natural  or artificial, by reason of the death of or injury to any person or damage to any property, whether or not due to or caused by the negligence of the Grantee, arising from or  in connection with the Grantee’s  (or  its  employees,  agents,  contractors,  subcontractors,  licensees,  or  invitees) installation and/or maintenance of trees on County property or in the County right‐of‐way.  The Grantee agrees to defend, at its sole cost and expense, but at no cost and expense to the County, any and all suits or actions instituted against the County for the imposition of such liability, loss, cost, and expense arising  from or  in connection with  the Grantee’s  (or  its employees, agents, contractors, subcontractors,  licensees, or  invitees)  installation and/or maintenance of trees on County property or in the County right‐of‐way. 

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Primary Grant Contract: Provide the information below for the primary contact person for this grant.  This is the person to whom all correspondence will be directed.  Name: ________________________________ 

Title:__________________________________ 

Mailing Address:_________________________ 

City, State, Zip:___________________________ 

Phone:_________________________________ 

Email:__________________________________ 

Website:________________________________ 

IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the 

day and year first written above. 

NAME OF GRANTEE: ____________________________________________________________________ 

ADDRESS: ____________________________________________________________________________ 

BY: ___________________________________________  DATE: ___________________________ 

Grantee Representatives’ Signature 

PRINT NAME ___________________________________  TITLE: ___________________________ 

MIAMI‐DADE COUNTY, FLORIDA 

BY: ___________________________________________  DATE: ______________________ 

Director Parks, Recreation, and Open Spaces 

LEGAL SUFFICIENCY: _______________________________  DATE: ___________________________ 

County Attorney 

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  EXHIBIT A:  GRANT APPLICATION PACKAGE SCOPE OF WORK      

[INSERT GRANT APPLICATION PACKAGE HERE] 

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Submission Date 2019-02-15 16:05:05

Name of Organization City of South Miami

Address Street Address: 6130 Sunset DriveCity: South Miami

State / Province: Florida Postal / Zip Code: 33143 Country: United States

Municipality, Non-Profit orCommunity Group

Municipality

Contact Name (Person filling outapplication)

Zachariah A. Cosner

Job Title Grants and Sustainability Administrator

E-mail [email protected]

Phone Number (305) 663-6330

Project Manager (If awarded) Zachariah A. Cosner

E-mail [email protected]

Phone Number (305) 663-6330

Project Title South Miami Community Redevelopment Area Reforestation Project

Location of Planting Location of Planting SW 69th Street between SW 49th Place and SW 62nd Avenue (21 20 trees) SW 70th Street east of SW 62nd Avenue (9 trees) SW 68th Street between SW 59th Place and SW 66th Street (9 trees) SW 60th Ave between SW 66th Street and SW 64th Street (1 tree) SW 66th Terrace West of SW 59th Place (5 4 trees) SW 59th Court between SW 66th Street and SW 64th Street (1 tree) SW 57th Court between SW 66th Street and SW 64th Street (2 trees)

Miami-Dade County CommissionDistrict (project location)

7

County or Local Road? Local Road

Please confirm you have receivedpermission from governingjurisdiction of project location?

Please state the local jurisdiction City of South Miami

Description of Trees We plan to plant 48 trees under the proposed project. Wi will plant 19 Silver Buttonwoods (Conocarpuserectus) 5 pigeon Plum (Coccoloba diversifolia) 12 Marlberry (Ardisia escallonioides) 12 Dahoon Holly (Ilex Cassine) All trees will meet the size requirements detailed in the scope of work with a minimum height of 12 feet and minimum Diameter at Breast Height of 2 inches.

Target area’s existing tree canopy 15%

Is the project area low-to-moderate income?

Yes

Goals of Project The City of South Miami’s tree strategy is rooted in three key objectives: provide benefits to residentsthrough increased walkability, aesthetics and shading, provide benefits to the ecological communitythrough fostering of native tree species, and adhere to the principles of environmental justice. Theplanting locations for this project were selected to maximize benefits to community members byfocusing the planting locations on areas adjacent to frequently traveled sidewalks, bus stops, and parking

__40 __17__ 9 __ 9

__ ________________________________

____________________________________________ _____________________________________________

SW 61st Court between 59th Place & 66th Street (5 trees)

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lots. The project will also provide significant benefits to both the local ecology and migratory birdspecies as all trees selected are Florida native species. Finally, this project will help South Miami toachieve its environmental justice goals by focusing the entirerty of the planting effort within the SouthMiami Community Redevelopment Area (CRA). The South Miami Community Redevelopment Area isa low-to-moderate income area located in the heart of South Miami. The 2010 census-tract datademonstrates that residents of the South Miami CRA fall into the fifth quintile for median householdincome. This area’s tree canopy was severely impacted by previous years’ hurricanes and continues tolag far behind surrounding neighborhoods in terms of overall tree canopy. Tree canopy can providemany important benefits to members of a community such as increased air quality, increased walkability,aesthetic enhancement and energy savings. In light of the many advantages a robust tree canopy, thedisparity in tree canopy coverage between the low-to-moderate income CRA and surroundingneighborhoods constitutes a breach of environmental justice which this project seeks to rectify. Theprincipal beneficiaries of this project will be the residents of the South Miami CommunityRedevelopment Area.

Project Impact and Enhancements Under this project the city of South Miami would plant a total of 48 40 trees of four different Florida native species. The City would plant 19 17 Silver Buttonwoods (Conocarpus erectus), 5 pigeon Plum (Coccoloba diversifolia), 12 9 Marlberry (Ardisia escallonioides), 12 9Dahoon Holly (Ilex Cassine) throughout the low to moderate income South Miami Community Redevelopment Area. This project will help to bring the South Miami Community Redevelopment Area’s tree canopy on par with surrounding neighborhoods. Planting locations were selected to maximize benefits to residents by providing shading along heavily trafficked sidewalks, and adjacent to bus-stops, as well as to provide aesthetic value by replacing dead-trees. The majority of locations selected previously hosted trees that were lost in recent years as a result of hurricane activity. The City of South Miami is currently registered as a certified Tree City USA.

Community Engagement Plan The City of South Miami has already reached out to the most relevant property owners via phone-communication. The City plans to maintain public outreach and solicit public input throughout thecourse of this project and beyond. Upon receipt of grant funds and opening of the bidding period, theCity will provide notification to residents on both the city website and on city-operated social media.The city will also print out flyers announcing this project, soliciting public input regarding project goals,and providing the name and address of the project manager which will be posted in City hall anddistributed in the community. The city maintains and advertises a tree request program through whichresidents may fil out a form requesting the placement of a tree on or adjacent to their property. Thisprogram is advertised on the city website.

Maintenance Plan The City of South Miami will be responsible for the landscape maintenance of this project. The PublicWorks Department already has a maintenance program in place which attends to all street trees whichplanted by the City of South Miami and its contractors. Funding for this watering and maintenanceprogram comes from the Public Works Department annual budget. The Public Works Department haspreviously allocated approximately $5,000 dollars annually for tree maintenance, but this budget may besubject to change if needed. The public Works department will continue its program to ensure thesurvival of these trees. For a period of one year the Public Works department will ensure that each treereceives a minimum of 15-20 gallons of water per week, will apply fertilizer at least once annually, andwill provide trimming and pruning as needed. For a period of at least 5 years the public worksdepartment will continue to provide trimming, pruning and other maintenance as needed, and willcontinue to provide water until such time as the tree is sufficiently established to cease regular wateringby the city. This determination that the tree is sufficiently established to receive a diminished wateringschedule will be made with the aid of the City’s certified arborist. The project manager will continue tomonitor the trees for signs of degraded tree health. Upon the appearance of symptoms of degradedhealth, the City’s certified arborist will be called upon for diagnostic and remedial input.

Three Anticipated MeasurableOutcomes

1. Bring tree canopy within the South Miami Community Redevelopment Area into greater parity withsurrounding neighborhoods. 2. Provide increased walkability and shading through the provision of 48 40 new Florida native trees along major pedestrian walkways, bus-stops and parking lots. 3.Educate the community about tree-planting programs and the importance of maintaining a healthy tree canopy through robust public outreach.

Does the municipality /organization agree to enter into anInterlocal Agreement for periodicreporting for tree plantings byJanuary 31, 2019?

Yes

Project Timeline Bid Process: 5 weeks; February 22nd-March 29th, 2019 13 Weeks; April 1st, 2019-June 28th 2019 FinalReport: 3 weeks; July 3nd, 2019-July 19th, 2019 Public Outreach: ongoing; February 22nd, 2019-July19th, 2019

Amount of Grant FundsRequested in $

11200.00 $9,400.00

Amount of Matched Funds in $ 6200.00 $9,400.00

In-kind / Grant / Donations in $ 5000.00

______

__

__

_______

_____

_______

101

2/18/2019 The Easiest Online Form Builder | JotForm

https://www.jotform.com/myforms/ 3/3

Please describe in-kind, grants ordonations, if any

The City of South Miami has been selected to receive $5,000 towards the implementation of this treeplanting project by the Florida Department of Agriculture and Consumer Services Urban andCommunity Forestry Grant Program.

Total Budget 22400 $18,800.00

Additional comments?

Landscape Rendering: MDC Neat Streets 2019 SoMi CRA Planting Plan.pdf

Before Photos MDC Neat Streets 2019 SoMi CRA Reforestation Plan Before Pictures.pdf

Detailed Budget MDC Neat Streets 2019 SoMi CRA Reforestation Plan Budget.pdf

Interlocal Agreement for PeriodicReporting of Tree Planting, ifavailable

SOMI Interlocal Tree Planting Agreement.pdf

If the Interlocal Agreement hasnot been signed by grantee by thesubmission deadline, when do youanticipate your organizationsigning the Interlocal Agreement?

________________________________________________________________________________________________________________________________________________________

____

102

City of South Miami

Community Redevelopment Area Tree Planting Project Detailed Budget

Costs Unit Price

MDC FY 2019 Neat Streets Grant Funds Requested

City of South Miami Match Funds

Total Estimated Budget

Direct Costs: 17 Silver Buttonwood 5 Pigeon Plum 9 Marlberry 9 Dahoon Holly Partial Cost:

$450.00 $450.00 $450.00 $450.00

$3,825.00 $1,125.00 $2,025.00 $2,025.00 $9,000.00

$3,825.00 $1,125.00 $2,025.00 $2,025.00 $9,000.00

$7,650.00 $2,250.00 $4,050.00 $4,050.00 $18,00.00

Contingency $400.00 $400.00 $800

Total Estimated Costs $9,400 $9,400 $18,800

103

Miami Dade County Neat Streets 2019

City of South Miami Community Redevelopment Area

Reforestation Project Planting Plan

‘Silver Buttonwood’-Conocarpus erectus

‘Pigeon Plum’-Coccoloba diversifolia

‘Marlberry’-Ardisia escallonioides

SW 69th St

SW 6

1st

Ave

SW 69th St

SW 6

2n

d A

ve

SW 5

9th

Pl

104

‘Silver Buttonwood’-Conocarpus erectus

‘Dahoon Holly’- Ilex cassine

‘Pigeon Plum’-Coccoloba diversifolia

‘Silver Buttonwood’-Conocarpus erectus

‘Dahoon Holly’- Ilex cassine

SW 68th St

SW 6

2n

d A

ve

SW 68th St

105

‘Marlberry’-Ardisia escallonioides

‘Dahoon Holly’- Ilex cassine

SW 6

1st C

t

SW 66th Terrace

SW 5

9th

Pla

ce

106

SW 5

7th

Ct

SW 64th St

107

Locations 1-5:

108

Location 6:

Location 7:

109

Locations 8-11:

110

Location 12:

Location 13:

111

Location 14:

Location 15:

112

Location 16:

Locations 17-18:

113

Locations 19-20:

114

Location 21:

’

Location 22:

115

Location 23:

Location 24:

116

Location 25:

117

Location 26-28:

118

Location 29:

Locations 30-31:

119

Locations 32:

120

Locations 33-34:

Locations 35-36:

121

Locations 37-38:

122

Locations 39-40:

Location of Planting

SW 69th Street between SW 49th Place and SW 62nd Avenue (20 trees)

SW 68th Street (9 trees)

SW 61st Court (5 Trees)

SW 66th Terrace (4 trees)

SW 57th Court (2 Trees)

Description of trees:

We plan to plant 40 trees under the proposed project.

We will plant

17 Silver Buttonwoods (Conocarpus erectus)

5 pigeon Plum (Coccoloba diversifolia)

9 Marlberry (Ardisia escallonioides)

9 Dahoon Holly (Ilex Cassine)

All trees will meet the size requirements detailed in the scope of work with a minimum height of 12 feet

and minimum Diameter at Breast Height of 2 inches.

123

6  

Exhibit B:  GRANTEE FINAL REPORT 20__  Matching Street Trees Grants Program    

Organization’s name: ________________________________ Person completing report and title: _____________________ Phone: ____________________________________________ Email:_____________________________________________   Submit Final Report by __________________.  Narrative:  In no more than two pages, please share the information below about the program supported by Miami‐Dade County and Neat Streets Miami.   

1. Summarize in a few sentences what you have accomplished to date: What you have done; for whom and how many; how they have benefitted? How many trees planted using grant funds and matched funds?  

2. Have you accomplished to date what you expected to in terms of implementing the project? If not, why not? Did you encounter any unexpected challenges and if so what adjustments did you need to make?  

3. Has this project had an impact on the broader community issue or systems you seek to improve? If so, how? Do you plan to sustain this program when our grant ends, and if so, what are your plans for doing so? Has our grant helped you secure other dollars or resources you need to sustain it? If so, please explain. 

 Optional: Tell us a story about the program’s impact ‐ one that reflects how this program is making a difference in people’s lives or an accomplishment that makes you particularly proud.  Outcomes: Refer to Three Anticipated Outcomes, as described in awardee’s grant application.  What were the top three outcomes you wanted to achieve for those you reached and served that would show how participants were better off as a result of the program? What results did you achieve?  

What was the desired outcome?  What were your results? 

Did this project shade a bus or trolley stop?  If so, please provide the location(s). _____________________________________________________________________________________  _____________________________________________________________________________________  Did this project shade a gateway or transit corridor? If so, please provide the location(s). _____________________________________________________________________________________  _____________________________________________________________________________________ 

124

7  

 Did this project shade a street leading to a park or a school? Did this project shade a park or school?  If so, please provide the location and name of the park and/or school. _____________________________________________________________________________________  _____________________________________________________________________________________  Did the organization enter into an interlocal agreement to report tree planting with Miami‐Dade County? If so, provide a copy of the executed agreement.  If not, please explain.  _____________________________________________________________________________________ _____________________________________________________________________________________ 

 Outreach and Activities: List the main activities listed in your outreach plan in the grant application and provide information related to each  

What was the activity? (Include where, when and how often activities 

took place.) 

How many did you reach? 

  Financial Reporting: List invoice, invoice date, description of services, check number and check date associated with this project.    

Invoice Number 

Invoice Date 

Description of Services 

Check Number 

Check Date 

Check Amount 

 Required Attachments: 

- Final Approved Budget 

- Invoices 

- Proof of Payment 

- Final Approved Landscape Plan 

-  “After” photos illustrating how corridor was transformed.   

- Data Tracking Report: include DBH and latitude/longitude coordinates for each tree planted with grant and match funds 

- Outreach Efforts: Press Release, educational materials and photos of outreach efforts or other materials that reflect your work, its impact and any references to Miami‐Dade County and Neat Streets Miami support.   

 Please submit this Exhibit B Grantee Final Report and related attachments by email in one PDF document to: [email protected]  

125

Agenda Item No:5.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Valerie HollandSubmitting Department: Public Works & Engineering Item Type: ResolutionAgenda Section:

Subject:A Resolution authorizing the City Manager to expend $10,564 with Rehrig Pacific Company for the purchase ofnew residential garbage containers. 3/5 (City Manager-Public Works Dept.)

Suggested Action:

Attachments:Memo- Garbage Bins 06-19.docx

Reso- Garbage Bins #s 06-19.doc

Cascade Quote.pdf

Rehrig Quote.pdf

Toter Quote.pdf

126

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: June 18, 2019

SUBJECT: A Resolution authorizing the City Manager to purchase residential garbage containers from Rehrig Pacific Company.

BACKGROUND: City of South Miami New homeowners are required to obtain a garbage container to have Solid Waste services provided. The new containers will be utilized for new homeowners and the replacement of old and damaged garbage containers that are currently in use.

AMOUNT: $10,564

ACCOUNT: Account No.: 001.1720.534.5210 has a current balance of $66,160.

SUPPORT: Quote 1. Rehrig Pacific CompanyQuote 2. ToterQuote 3. Cascade Engineering

Please find below a breakdown of the quotes provided:

Rehrig Pacific Company $10,564

Toter $11,330

Cascade Engineering $11,470

127

RESOLUTION NO.: _________________________12

A Resolution authorizing the City Manager to expend $10,564 with Rehrig 3Pacific Company for the purchase of new residential garbage containers.4

5WHEREAS, the Public Works department provides garbage containers for South Miami 6

residents as requested; and78

WHEREAS, a new homeowner obtains a garbage container to have Solid Waste services 9provided; and 10

11WHEREAS, the new containers will also be utilized for replacement of old and damaged 12

garbage containers currently in use; and1314

WHEREAS, the City obtained 3 quotes for the purchase of 200 garbage containers; and1516

WHEREAS, Rehrig Pacific Company was the lowest & most responsive bidder.1718

NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY 19OF SOUTH MIAMI, FLORIDA:20

21Section 1. The City Manager is authorized to expend $10,564 with Rehrig Pacific 22

Company for the purchase of residential garbage containers, charged to account number 001-231720-534-5210 (Solid Waste) with a current balance of $66,160.24

25Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 26

for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 27shall not affect the validity of the remaining portions of this resolution.28

29Section 3. Effective Date: This resolution shall be effective immediately after adoption 30

hereof.313233

PASSED AND ADOPTED this ____ day of _____________, 2019.343536

ATTEST: APPROVED:373839

___________________________ _________________________40CITY CLERK MAYOR41

4243

READ AND APPROVED AS TO FORM, COMMISSION VOTE:44LANGUAGE, LEGALITY AND Mayor Stoddard:45EXECUTION THEREOF Vice Mayor Harris: 46

Commissioner Gil:47Commissioner Liebman:48

_____________________________ Commissioner Welsh:49CITY ATTORNEY 50 128

CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM

TO: The Honorable Mayor & Members of the City Commission

FROM: Steven Alexander, City Manager

DATE: June 18, 2019

SUBJECT: A Resolution authorizing the City Manager to purchase residential garbage

containers from Rehrig Pacific Company. BACKGROUND: City of South Miami New homeowners are required to obtain a garbage

container to have Solid Waste services provided. The new containers will be utilized for new homeowners and the replacement of old and damaged garbage containers that are currently in use.

AMOUNT: $10,564

ACCOUNT: Account No.: 001.1720.534.5210 has a current balance of $66,160.

SUPPORT: Quote 1. Rehrig Pacific Company Quote 2. Toter Quote 3. Cascade Engineering

Please find below a breakdown of the quotes provided:

Rehrig Pacific Company $10,564

Toter $11,330

Cascade Engineering $11,470

129

Locations:

1000 Raco Court, Lawrenceville, GA 30046 8875 Commerce Dr, DeSoto, KS 66018

625 West Mockingbird Lane, Dallas, TX 75247 7800 100th St, Pleasant Prairie, WI 53158

1738 W. 20th St, Erie, PA 16502 4010 East 26th St, Los Angeles, CA 90058

7452 Presidents Dr, Orlando, FL 32809

Proposal #:CI090 06032019

Valerie Holland Name: Michelle Egues305.403.2063 Phone: (305) 403-2067

QUANTITYUNIT

PRICE

EXTENDED

PRICE

Rollout Cart Type: 200 $49.32 9,864.00$

Body Color Requested: Lid Color Requested:

Wheels / Casters:

Artwork:

CI090-1

Is Product Taxable? Subtotal = $9,864.00Is Freight taxable? Tax on Product = $0.00Tax Rate: Truckload Freight Rate = $700.00Terms: Tax on Freight = $0.00

Total = $10,564.00ADDITIONAL INFORMATION:

Ship From: Leadtime:

Warranty:

Quote Valid:

Taxes:

*** All Credit Card transactions are subject to a 2% processing fee.

Matthew Callier

Environmental Sales Representative

Direct: 904-528-6139 Email: [email protected]

Angela Kirchwehm Date

Environmental Customer Service Specialist

Direct: 262-947-5948 Email: [email protected]

Net 30 Days

Bill-to:

ITEM DESCRIPTION

All applicable taxes shall be paid by the Buyer unless a proper exemption is provided and validated.

Forest Green

City of South Miami 4795 SW 75th AveMiami, FL 33155

Orlando, FL facility

NoNo

Forest Green

95 Gallon EG Cart

0.00%

Billing Contact: Shipping Contact:

[email protected] E-mail: [email protected]

10" Snap on with Intergrated Spacer

Proposal

City of South Miami 4795 SW 75th AveMiami, FL 33155

Ship-to:

June 3, 2019

To initiate order, please call or send signed proposal via fax or email to Presented By representative.

ACCEPTED BY:

2 weeks or Sooner

30 Days10 year unprorated warranty

PRESENTED BY:

Sign and Print Name

Title:_________________________________________________________

A FAMILY TRADITION OF GROWTH, SERVICE AND INNOVATION Page 1 of 1

130

WQ-10118182

PHONE: 800-424-0422 FAX: 704-878-0734

841 Meacham Rd, Statesville, NC, 28677

Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order isan offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale (“WQ T&C”)

Additional Terms

Customer must have the ability to unload. Forklift recommended.ShippingInstructions

$11,330.34Grand Total

$741.24Tax

$2,289.10Shipping

$8,300.00Subtotal

FOB OriginShipping Terms

Net 30 Days if credit has been establishedPayment Terms

WQ-10118182Please Reference Quote Number on allPurchase Orders

Quote Number

6/29/2019Expiration Date

5/30/2019Created Date

[email protected] Email

Brittany ZeitlerSalesperson

4795 SW 57th AveSouth Miami, FL 33155USA

Ship To

City of South MiamiShip To Name

(305) 403-2063Phone

[email protected]

4795 SW 57th AveSouth Miami, FL 33155USA

Bill To

City of South MiamiBill To Name

Valerie HollandContact Name

Sell To:

Quote Information

Model Product Description Selected Option QuantitySalesPrice

TotalPrice

79296Model 79296 - Toter 96 Gallon EVR IIUniversal/Nestable Cart

---Body Color - (940) Green---Lid Color - (940) Green---Body Hot Stamp on Both Sides (New) in White---Wheels - 10in Sunburst---Toter Serial Number Hot Stamped on Front of CartBody in White---2/3 Assembled with Lid (down), Stop Bar and AxleFactory Installed---Warranty – 12 Yrs Cart Body, All other components10 Yrs

200.00 $41.50 $8,300.00

Shipping Details

Additional Information131

WQ-10118182

PHONE: 800-424-0422 FAX: 704-878-0734

841 Meacham Rd, Statesville, NC, 28677

Please Reference Quote Number on all Purchase Orders

Accepted By:        ______________________________________________________

Company Name:    ______________________________________________________

Date:                    ______________________________________________________

Purchase Order:    ______________________________________________________

Sourcewell-Pricing & Product offerings are based on the Sourcewell Co-Operative Contract with Wastequip, LLC(#041217, eff. 7/7/17), and such Contract terms & conditions are incorporated herein by reference. Pricing & Product (&related) changes may occur at any time with proper documentation, & subject to Sourcewell approval; therefore, offeringsmay change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability &Remedies, & Limited Warranty Provisions apply to all purchases thereunder.

Special ContractInformation

Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantitiesand timing, accepted delivery within 45 days of Order acceptance by Toter. Any differences to your Order may result indifferent pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actualprices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginningProduct manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to anyfactor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs ofmanufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices,price lists, quotations and delivery tickets are nominal sizes and representations – actual volume, Products and materialsare subject to manufacturing and commercial variation and Wastequip’s practices, and may vary from nominal sizes andmaterials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. Ifcustomer is not tax exempt, final tax calculations are subject to change.

AdditionalInformation

located at: , as of the date set forth in Section 1(b) of the WQ T&C,https://www.wastequip.com/terms-conditions-of-salewhich are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copyupon request.

Signatures

132

Agenda Item No:6.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Aurelio CarmenatesSubmitting Department: Public Works & Engineering Item Type: ResolutionAgenda Section:

Subject:A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering,Inc., for a Pedestrian Bridge Feasibility and Preliminary Design for crossing at US#1 at 70th Street and US#1and 71st Street. 3/5 (City Manager-Public Works & Engineering)

Suggested Action:

Attachments:Memo_for_SRS_for_SoMi_Ped_Bridge_Study_and_Prelim_design.docx

Reso for SRS for SoMi Ped Bridge Study and Prelim design.docx

Res No 060-17-14861 - Professional Services 2017.pdf

SRS Professional Service Agreement.pdf

So.Mia Ped Bridge Study and Prelim design 5-29-2019.PDF

133

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: June 18, 2019

SUBJECT: A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering, Inc., for a Pedestrian Bridge Feasibility and Preliminary Design for crossing at US#1 at 70th Street and US#1 and 71st Street.

BACKGROUND: The City is seeking to provide safe crossing at South Dixie Highway (US#1) between the South Miami Metrorail Station and the South Miami Downtown area. In May 2008, T.Y. Lin International prepared a Site Alternative Study for a Pedestrian Bridge at the South Miami Metrorail Station. The South Miami Overpass did not move forward as a projectat that time.

The City is currently revisiting the concept of the pedestrian overpass linking the South Miami Metrorail Station to the South Miami Downtown area. After a review of the initial study, the decision was made by the City Manager to move forward with two design alternative locations at US#1 and SW 70th Street and US#1 and SW 71st Street. To provide for these improvements and safe crossing, City staff requested professional engineering services to provide a Site Feasibility Study for the placement of a pedestrian overpass using current data. New investigations and coordination with stakeholders, utilities, and affected agencies will need to be undertaken, as well as new concept plans and cost estimates to accommodate the current condition and the City’s vision. The result will be a current Site Feasibility Study for the placement of a pedestrian overpassin the vicinity of the MetroRail Station.

As the next City’s rotation list consultant, SRS Engineering, Inc., was requested to provide a proposal for Pedestrian Bridge Feasibility Study and Preliminary Design. On May 29, 2019, SRS Engineering, Inc., submitted a proposal that is comprehensive and cost effective for the services requested.

SRS Engineering, Inc., is one of four firms selected by Resolution No. 060-17-14861, to provide professional service agreement for engineering services on as needed basis in accordance with Florida Statute 287.055, “Consultants Competitive Negotiation Act.

AMOUNT: Amount not to exceed $87,210. Please refer to the consultant contract and fee schedules.

FUND & ACCOUNT: The expenditure shall be charged to the to the Capital Projects Funding ContributionFund account number 610-1110-541-6340, which has a balance of $ 95,000.50 prior tothis request.

ATTACHMENTS: Resolution Resolution #060-17-14861Professional Services Agreement

SRS Engineering, Inc., Revised proposal letter dated May 29, 2019

134

CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM

135

RESOLUTION NO.: ______________________12

A Resolution authorizing the City Manager to execute a professional service work order to SRS 3Engineering, Inc., for a Pedestrian Bridge Feasibility and Preliminary Design for crossing at US#1 4at 70th Street and US#1 and 71st Street.5

6

WHEREAS, the Mayor and City Commission wish to provide safe crossing at South Dixie Highway (US#1) 7between the South Miami Metrorail Station and the South Miami Downtown area; and 8

WHEREAS, Commission budget for this project in the Capital Improvement Program 5-Year Plan; and9

WHEREAS, SRS Engineering, Inc., is one of four firms selected by Resolution No. 060-17-14861, to provide 10professional service agreement for engineering services on as needed basis in accordance with Florida Statute 11287.055, “Consultants Competitive Negotiation Act”; and12

WHEREAS, SRS Engineering, Inc., submitted a proposal for professional engineering services; and13

WHEREAS, the scope of services, staff allocation and man-hours were negotiated; and14

WHEREAS, the amount of $87,210 was found to be comprehensive and cost effective in its design 15approach; and16

WHEREAS, the Mayor and City Commission desire to authorize the City Manager to execute a professional 17service work order with SRS Engineering, Inc., for a Pedestrian Bridge Feasibility and Preliminary Design for crossing 18at US#1 at 70th Street and US#1 and 71st Street for a total amount not to exceed $87,210.19

WHEREAS, the expense for this project shall be charged to the Capital Projects Funding Contribution20Account 610-1110-541-6340 with a balance of $ 95,000.50 prior to this request.21

22NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 23

MIAMI, FLORIDA THAT:24

Section 1. The City Manager is authorized to negotiate the price, terms and conditions and to execute a 25professional service work order with SRS Engineering, Inc., for a Pedestrian Bridge Feasibility and Preliminary Design 26for crossing at US#1 at 70th Street and US#1 and 71st Street for a total amount not to exceed $87,210. A copy of 27the professional Services Agreement and Resolution #060-17-14861 is attached. The expenditure shall be charged 28to the Capital Projects Funding Contribution account number 610-1110-541-6340, which has a balance of $2995,000.50 before this request was made.30

Section 2: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held 31invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the 32remaining portions of this resolution. 33

34Section 3: Effective Date: This resolution shall be effective immediately upon the time of its adoption. 35

3637

PASSED AND ADOPTED this _____ day of_______________, 2019. 3839

ATTEST: APPROVED: 4041

136

________________________ ___________________42City Clerk Mayor43

44READ AND APPROVED AS TO FORM COMMISSION VOTE: 45LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: 46THEREOF Vice Mayor Harris:47

Commissioner Welsh:48___________________________ Commissioner Liebman: 49City Attorney Commissioner Gil:50

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May 29, 2019 (Revised) Mr. Aurelio J. Carmenates, P.E. Capital Improvement Project Manager City of South Miami Public Works Engineering & Construction Division 4795 SW 75th Avenue Miami, FL 33155 Re: City of South Miami

Pedestrian Bridge Feasibility Study and Preliminary Design Dear Mr. Carmenates, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. SCOPE OF WORK In May 2008, T.Y. Lin International prepared a Site Alternative Study for a Pedestrian Bridge at the South Miami Metrorail Station. The South Miami Overpass did not move forward as a project at that time. It is our understanding that the City of South Miami (CITY) would like to revisit the concept of the pedestrian overpass linking the South Miami Metrorail Station to the South Miami Downtown area. This proposed scope of work will include a new Site Feasibility Study for the placement of a pedestrian overpass using current data. Due to the age of the previous study, all new investigations and coordination with stakeholders, utilities, and affected agencies will need to be undertaken, as well as new concept plans and cost estimates to accommodate the current condition and CITY’s vision. Per a meeting held at the City Manager’s Office on April 22, 2019, the decision was made to move forward with two design alternative locations:

• Crossing US1 at SW 71st Street and landing within the southeastern right-of-way and converting SW 71st Street to a one-way access.

• Crossing US1 at SW 70th Street and landing within the southeast side of the right-of way.

Following completion of the Feasibility study and acceptance of the preferred location option, 15% design documents for the preferred alternative will be prepared. 156

May 29, 2019 Page 2

Scope of Services SRS Engineering shall provide Project administration and contract management including attending meetings with City and T.Y. Lin, establishing scope of work, review concept plan for adherence to scope and City’s concerns. Please see attached contract letter from T.Y. Lin International for additional detailed scope of services. SUBCONSULTANTS The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation of the work outline above. T.Y. Lin International (Bridge and Transportation Engineers)

SCHEDULE OF WORK - TIME OF PERFORMANCE The work will commence upon receipt of a signed Work Authorization and be completed within three (3) to five (5) months depending on the availability of agencies to coordinate. Ten days after the work is authorized, a study schedule for review and approval will be submitted. ACCEPTANCE This proposal and fee schedules are based on the acceptance within thirty (30) days of the date of preparation. If not accepted by you within that time period, we reserve the right to re-evaluate the terms and conditions contained herein. ACCEPTANCE OF PROPOSAL We would expect to commence our services promptly after receipt of your acceptance of this proposal. COMPENSATION Our Engineering Fees for the above described Basic Services will be a lump sum amount shown below. Payment will be based on monthly invoicing as a percentage of completion of work. Our Engineering Fees are as follows:

Project Coordination and Administration (SRS) ...................................... $ 7,280.00 Preparation of Study and Pre. Design (T.Y. Lin International) ............. $ 79,930.00 Total ............................................................................................................ $ 87,210.00

This Proposal and our City Agreement with the City represents the entire understanding between the City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be 157

May 29, 2019 Page 3

modified in writing when signed by both of us. If the foregoing is agreeable to you, please execute the original of this Agreement where indicated below and return to our office. Very truly yours, Ignacio Serralta, P.E. President

I have read the foregoing Letter of Agreement and agree to all terms and conditions stated therein.

Accepted this _______ day of______________, 2019

City of South Miami

By: __________________________________

Title: _______________________________

158

ENGINEERING COST BREAKDOWNCity of South Miami

DATE: 5/29/2019

ACTIVITY PRINCIPAL SR. PROJ. MGR SR. ENGINEER ENGINEER CAD TECH CLERICAL TOTAL TOTALBY SRS HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HOURS COST

$180.00 $150.00 $125.00 $90.00 $65.00 $45.00

1.0 Project Management and Agency Coordination $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

1.1 Project Management Meetings 2 $180.00 4 $150.00 $125.00 $90.00 $65.00 $45.00 6 $960.00

1.1.1 Progress Mtgs (Monthly, 2 in-person) 2 $180.00 6 $150.00 $125.00 $90.00 $65.00 $45.00 8 $1,260.00

1.1.2 Administration (Contractual etc.) 1 $180.00 4 $150.00 $125.00 $90.00 $65.00 $45.00 5 $780.00

1.2 Agency Coordination Meetings (1 x 3 hrs) 3 $180.00 3 $150.00 $125.00 $90.00 $65.00 $45.00 6 $990.00Agency Coordination and Progress Meetings - Preparation and Note-taking $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

2.0 Data Collection and Review $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Field Visit $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

ROW/Survey/Utilities $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

Crash Data compilation and analysis $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Land use and Development Projects compilation/analysis $180.00 2 $150.00 $125.00 $90.00 $65.00 $45.00 2 $300.00

Traffic and Pedestrain Counts compilation and analysis $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

3.0 Pedestrian Bridge Feasibility Analysis $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Concept Plans for Alternatives $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Environmental/ROW/Utility Impacts Analysis $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Conceptual Level Cost Estimates for Alternatives 1 $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 2 $330.00

4.0 Documentation $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Updated Draft Report $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

Updated Final Report 1 $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 2 $330.00

5.0 15% Pedestrian Bridge Preliminary Design $180.00 $150.00 $125.00 $90.00 $65.00 $45.00 0 $0.00

Preliminary Site Plan 1 $180.00 3 $150.00 $125.00 $90.00 $65.00 $45.00 4 $630.00

Preliminary Pedestrian Bridge Elevations and Sections $180.00 3 $150.00 $125.00 $90.00 $65.00 $45.00 3 $450.00

Preliminary Utility Impacts/Relocation Plan $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

Preliminary MEP Plan and Specs $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

Preliminary Structural Systems Plan and Specs $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

15% Est. of Construction Cost Estimates $180.00 1 $150.00 $125.00 $90.00 $65.00 $45.00 1 $150.00

TOTAL 11 $180.00 35 $150.00 0 $125.00 0 $90.00 0 $65.00 0 $45.00 46 $7,230.00

ACTIVITY DESCRIPTION COSTBY OTHERS

TY Lin International

TOTAL = $79,930.00

SUMMARY

ACTIVITIES BY SRS (Salaries) X 1.00 $7,230.00

ACTIVITIES BY OTHERS $79,930.00

Estimated OUT OF POCKET EXPENSES including reproduction costs, etc. $50.00

TOTAL THIS PROPOSAL =

Pedestrian Bridge Feasibility Study and Preliminary Design, South Miami

$79,930.00

$87,210.00

$7,230

Bridge Design Engineers

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SCOPE OF SERVICES

May 29, 2019

Ignacio Serralta, P.E.

President

SRS Engineering, Inc.

5001 SW 74 Court, Suite 201

Miami, Florida 33155

RE: City of South Miami – Proposal for Professional Services

US1 Pedestrian Overpass Bridge at the South Miami Metro Rail Station

Site Feasibility Study

Project Background

T.Y. Lin International (TYLI), as a consultant to the Miami Dade Department of Transportation and Public

Works (DTPW), previously the Miami-Dade Transit agency (MDT), completed a Site Alternative Study

for the agency in May of 2008. The project was initiated by the Agency in conjunction with the University

of Miami Pedestrian Overpass which was complete in recent years. The South Miami Overpass did not

move forward as a project at that time. It is our understanding that the City of South Miami (CITY) would

like to revisit the concept of the pedestrian overpass linking the DTPW South Miami Metrorail station to

the South Miami Downtown area. This proposed scope of work will include a new Site Feasibility Study

for the placement of a pedestrian overpass using current data. A similar methodology will be used as in the

previous study, however due to the age of the previous study, all new investigations and coordination with

stakeholders, utilities, and affected agencies will need to be undertaken, as well as new concept plans and

cost estimates to accommodate the current condition and CITY’s vision.

Per a meeting held at the City Manager’s Office on April 22, 2019, the decision was made to move forward

with two design alternative locations:

• Crossing US1 at SW 71st Street and landing within the southeastern right-of-way and converting

SW 71st Street to a one-way access.

• Crossing US1 at SW 70th Street and landing within the southeast side of the right-of-way.

Following completion of the Feasibility study and acceptance of the preferred location option. TYLI will

develop 15% design documents for the preferred alternative. Below is a detailed breakdown of the scope.

Scope of Services

T.Y. Lin International (CONSULTANT) will complete the following Scope of Services under this Task

Order as a sub-consultant to SRS Engineering (SRS):

Task 1. Project Management and Agency Coordination– CONSULTANT will manage and

complete the tasks and deliverables identified in this scope of services and coordinate with

SRS and the City Project Managers to ensure completion within the project timeline. A

primary component of all of the tasks will be the quality control of analyses and

documentation, and quality assurance checks of performance. CONSULTANT will provide

Quality Control (QC) of all draft and final deliverables prior to submittal to SRS and the City.

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1.1 Project Management Meetings

1.1.1 Progress Meetings

CONSULTANT Project Manager will prepare for, attend and complete follow-up

activities associated with monthly progress meetings with SRS and the City Project

Managers to review project status to date, activities accomplished, next steps, budget

and schedule adherence, review of unforeseen events, etc. All of these meetings will

be held in person, and will include preparation and corresponding materials (agenda,

progress reports, etc), and follow-up activities resulting from these monthly meetings.

These meetings will also serve as stakeholder meetings to collect input from other

departments on an as needed basis.

1.1.2 Other Administrative Activities

CONSULTANT will prepare, submit and file all documentation required under

our contract with the SRS, including detailed statements per the City’s requirements,

and preparation of subconsultant agreements as appropriate.

CONSULTANT will prepare a work breakdown structure and schedule for all tasks

and deliverables necessary to complete the project on time and within

budget.

1.2 Agency Coordination – CONSULTANT will conduct meetings with Department of

Transportation and Public Works (DTPW) and Florida Department of Transportation (FDOT),

District Six to understand their concerns as it relates to the feasibility of a pedestrian bridge

connecting the transit station with the City’s Downtown core. The CONSULTANT will

document agencies’ concerns and address relevant issues in an appropriate manner. This input,

along with technical findings, will serve as the basis for determining the viability of a pedestrian

bridge. A total of four (4) agency meetings, two (2) with each agency will be conducted at the

following major project milestones –

▪ Initial Meeting: To discuss project overview, identify mobility and safety issues as

well as other relevant environmental, right of way concerns.

▪ Interim Meeting: To discuss analysis findings and potential solutions to address

concerns and issues identified in the Initial Meeting.

CONSULTANT shall prepare the materials for the agency meetings and document input

received.

Task 2. Data Collection and Review - CONSULTANT shall conduct field visit and collect readily

available engineering and environmental data to clearly understand and refine the location and

configuration of a pedestrian bridge in the City’s Downtown core. Data collection effort will

include:

1) Field visit

2) Right-of-way and parcel information for the properties within the study area

3) Pedestrian volumes, traffic and speeds counts

4) Bicycle and pedestrian crash data

5) Land use and zoning data

6) Latest survey data available for the study area from FDOT District Six, DTPW and/or City

of South Miami, including: 161

3 | P a g e

a. General topography, including driveways, roadway widths, hardscape, elevations,

contours, utility manholes, drainage structures, electric transmission infrastructure

(power poles, transmission/distribution lines, etc.)

b. Underground utility information from as-built information and utility company

databases

7) From City of South Miami development project submittals, identify the urban context,

including:

a. Existing neighboring building layout and elevations

b. Proposed development plans in adjoining parcels 8) Planned and programmed FDOT District Six and DTPW projects in the study area

Task 3. Pedestrian Bridge Feasibility Analysis – CONSULTANT shall prepare a concept plan for a

pedestrian bridge at the two locations. Further, the CONSULTANT will analyze the feasibility

and impacts of constructing a pedestrian bridge in the City’s Downtown core include right of

way, utilities relocation, business or property impacts, conceptual level (order of magnitude)

construction cost as well as compatibility with the City of South Miami, DTPW and FDOT plans

and projects.

CONSULTANT will update construction costs and evaluation findings from the two alternative

sites (SW 70th Street and SW 71st Street). Pros and Cons for each site will be developed and

analyzed. Potential funding sources for Design and Construction activities by county, state and

federal governments will also be identified.

Task 4. Documentation - CONSULTANT shall prepare Preliminary Site Alternative Study to document

analyses, findings and recommendations based on Tasks 1, 2, and 3. CONSULTANT will

prepare updated draft and final reports for review with SRS and the City Project Managers. The

draft report will be reviewed with the City Project Manager, and comments and suggestions to

this draft from the City will be compiled by the City Project Manager and forwarded to the

CONSULTANT for incorporation in the final report.

Task 5. 15% Preliminary Design Drawings – CONSULTANT shall take the preferred alternative

derived from tasks 1 to 4 and move forward with one concept to develop a 15% preliminary

design alternative. The Preliminary Design drawings will include the following:

• Preliminary Site Plan depicting the r/w impacts and the geometry of the bridge within

said r/w. These drawings will be based on the topographic survey prepared by PBS&J

in the early 2000’s for the County’s project at that time.

• Preliminary elevations and sections depicting the general geometry and layout of the

bridge components

• Preliminary utility impacts and relocation plans

• Preliminary needs analysis and sizing of electrical and mechanical systems

• Preliminary structural analysis determining general structural type and specifications

• Estimate of Probable Construction Costs based on 15% Design

DELIVERABLE:

Deliverables for this project shall consist of the following:

Task 1

• Prepare agendas and meeting minutes for monthly Progress Meetings with SRS and the City

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• Prepare materials (meeting notifications, agenda, sign-in sheets, handouts, meeting minutes)

• Prepare a project schedule

• Produce monthly progress reports

Task 3

• Concept plan, conceptual level cost estimates, impacts matrix

Task 4

• Updated Draft and Final Report

Task 5

• 15% Preliminary Pedestrian Bridge Design Drawings for the Preferred Alternative, and 15%

level estimate of probable construction cost.

ITEMS NOT INCLUDED IN THE SCOPE OF SERVICES

• Public Participation or Involvement Services

• Surveying

• Geotechnical Testing

• Traffic counts and engineering other than those described in Task 2.

• Design services other than those included in Task 3 and 5.

• Preparation of construction documents

• Opinion of right-of-way acquisition costs.

PROJECT ASSUMPTI ONS

The locations to be analyzed for a new pedestrian bridge near the transit station and the City’s

Downtown area were provided by the City of South Miami and will be:

• Crossing US1 at SW 71st Street and landing within the southeastern right-of-way and converting

SW 71st Street to a one-way access.

• Crossing US1 at SW 70th Street and landing within property on the southeast side of the right-of-

way.

INFORMATION TO BE PROVIDED TO T.Y. LIN INTERNATIONAL

CITY shall assist the CONSULTANT to obtain the following data:

• As-Built information for City facilities and CAD files for the study area or other projects within

the study area, if available

• Current Right of Way maps and Title information

• Crash Data

• Pedestrian traffic patterns

• Traffic and Pedestrian count data

• Identification of existing City-owned utilities in the project area

• Title searches and existing right-of-way

ADDITIONAL SERVICES

A separate scope and fee proposal will be prepared for additional services not specifically described under

the “Scope of Services” for review and approval by the City of South Miami prior to beginning any

additional work.

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SCHEDULE OF SERVICES

The work will commence upon receipt of a signed Work Authorization and be completed within three (3)

to five (5) months depending on the availability of agencies to coordinate. Ten days after the work is

authorized, TYLI will submit a study schedule for review and approval.

ESTIMATE OF SERVICES

We propose to complete this “Scope of Services” for a lump sum fee of $79,930.00. For details of the

estimated costs to perform the required services, see Attachment “B”.

PROJECT MANAGER

CONSULTANT’S Project Manager for this Work Order assignment will be Francisco J. Alonso, PE.

Submitted by: ______________________________________________

Francisco J. Alonso, PE.

Project Manager

164

City: South Miami

Task Order # X

Tasks/Staff ClassificationPrincipal

In Charge

Project

Manager

Senior

Engineer

Traffic

EngineerEngineer

Sr. CADD/

TechnicianClerical

TYLI

Labor $TYLI Expenses Total

Approved Loaded Hourly Rates $180.00 $130.00 $125.00 $85.00 $90.00 $75.00 $45.00 Production/Reports

1.0 Project Management and Agency Coordination 8 32 4 0 28 12 6 90 $9,790 $200 $9,990

1.1 Project Management Meetings

1.1.1 Progress Mtgs (Bi-Monthly, 2 in-person) 2 4 4 10 $1,380 $1,380

1.1.2 Administration (Contractual etc.) 8 6 14 $1,310 $1,310

1.2 Agency Coordination Meetings (4 x 3 hrs) 6 12 12 30 $3,720 $3,720

Agency Coordination and Progress Meetings - Preparation and

Note-taking8 16 12 36 $3,380 $200 $3,580

2.0 Data Collection and Review 0 24 4 24 28 0 0 80 $8,180 $0 $8,180

Field Visits 4 4 4 12 $1,380 $1,380

ROW/Survey/Prelim. Utility Coordination 8 24 32 $3,200 $3,200

Crash Data compilation and analysis 12 12 $1,020 $1,020

Land use and Development Projects compilation/analysis 12 12 $1,560 $1,560

Traffic and Pedestrain Counts compilation and analysis 12 12 $1,020 $1,020

3.0 Pedestrian Bridge Feasibility Analysis 0 8 28 0 24 24 0 84 $8,500 $0 $8,500

Concept Plans for Alternatives 8 16 24 $2,200 $2,200

Environmental/ROW/Utility Impacts Analysis 4 8 12 24 $2,600 $2,600

Conceptual Level Cost Estimates for Alternatives 4 12 12 8 36 $3,700 $3,700

4.0 Documentation 2 6 24 12 18 8 0 70 $7,380 $100 $7,480

Updated Draft Report 1 4 16 8 12 4 45 $4,760 $50 $4,810

Updated Final Report 1 2 8 4 6 4 25 $2,620 $50 $2,670

5.0 15% Pedestrian Bridge Preliminary Design 3 21 100 0 144 224 0 492 $45,530 $250 $45,780

Preliminary Site Plan 1 6 16 16 32 71 $6,800 $50 $6,850

Preliminary Pedestrian Bridge Elevations and Sections 1 6 32 60 80 179 $16,360 $50 $16,410

Preliminary Utility Impacts/Relocation Plan 2 16 20 40 78 $7,060 $50 $7,110

Preliminary MEP Plan and Specs 1 8 16 24 49 $4,370 $50 $4,420

Preliminary Structural Systems Plan and Specs 2 16 20 40 78 $7,060 $50 $7,110

15% Est. of Probable Construction Cost 1 4 12 12 8 37 $3,880 $3,880

Total Hours by Staff Classification 13 91 160 36 242 268 6 816

Total Labor by Staff Classification $2,340 $11,830 $20,000 $3,060 $21,780 $20,100 $270 $79,380 $550 $79,930

Total

Hours by

Task

Pedestrian Bridge Feasibility Study and Preliminary Design, South Miami

Estimate of Work Effort and Cost - TYLI

ATTACHMENT 'B'

165

Agenda Item No:7.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Quentin PoughSubmitting Department: Parks & Recreation Item Type: ResolutionAgenda Section:

Subject:A Resolution authorizing the City Manager to procure a new water trailer from Multiquip, Inc., by piggybackingonto its contract with a Minnesota governmental agency known as Sourcewell. 3/5 (City Manager-Parks &Recreation Dept.)

Suggested Action:

Attachments:Memo-Water Trailer Equipment (QP).docx

Reso-Water_Trailer_Equipment CArev.docx

REV Piggyback Contract SOURCWELL MULTIQUIPx 5.31.19.pdf

166

CITY OF SOUTH MIAMIOFFICE OF THE CITY MANAGERINTER-OFFICE MEMORANDUM

TO: The Honorable Mayor & Members of the City Commission

FROM: Steven Alexander, City Manager

Via: Quentin Pough, Director of Parks & Recreation

DATE: June 18, 2019

SUBJECT: A Resolution authorizing the City Manager to procure a new water trailerthrough a piggyback agreement from Sourcewell, RFP #052015-MTQ for portable construction and maintenance equipment and trailers with related accessories, attachments and supplies.

BACKGROUND: The Parks Division is in need of a maneuverable and portable water trailer (525g HP TRLR70) to tackle a host of operational assignments that range from landscaping and trenching activities to maintenance support and equipment wash down assignments. This request for purchase is replacing a new Spreader equipment (budgeted in CIP) which is no longer needed since it is provided and used by the city’s landscape contractor.

The City wishes to piggyback on the Sourcewell contract, RFP #052015-MTQ for portable construction and maintenance equipment and trailers with related accessories, attachments and supplies.

EXPENSE: 9,111.20

FUND &ACCOUNT: The expenditure shall be charged to the Capital Improvement Project,

Fleet Replacement, account number 301-2000-572-6440, which has a balance of $36,681 before this request was made.

ATTACHMENTS: Resolution Piggyback Contract Sourcewell Multiquip Inc.

167

RESOLUTION NO.: _______________12

A Resolution authorizing the City Manager to procure a new water trailer from Multiquip, 3Inc., by piggybacking onto its contract with a Minnesota governmental agency known as 4Sourcewell.5

6WHEREAS, the Parks Division needs a maneuverable and portable water trailer (525g HP 7

TRLR70) to tackle a host of operational assignments that range from landscaping and trenching 8activities to maintenance support and equipment wash down assignments; and9

10WHEREAS, the Sourcewell (f/k/a National Joint Powers Alliance), is a service cooperative 11

created by the Minnesota legislature, under the authority of Minn. Const. Art. XII, Sec. 3, as a local 12unit of government. As a public cooperative and agency, Sourcewell is governed by local elected 13municipal officials and school board members pursuant to Minn. Stat. §123A.21 (2017); and14

15WHEREAS, Sourcewell is authorized to establish competitively awarded cooperative 16

purchasing contracts on behalf of itself and its member agencies. Sourcewell follows the competitive 17contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods 18and services. Sourcewell cooperative purchasing contracts are made available through the joint 19exercise of powers law Minn. Stat. §471.59 to member agencies including the City of South Miami; 20and21

22WHEREAS, the City wishes to piggyback on Multiquip, Inc.’s contract with Sourcewell 23

pursuant to RFP #052015-MTQ for portable construction and maintenance equipment and trailers 24with related accessories, attachments and supplies; and25

26

WHEREAS, the purchase price shall not exceed $9,111.20.2728

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 29OF SOUTH MIAMI, FLORIDA THAT:30

31Section 1: The City Manager hereby is authorized to procure a new water trailer from 32

Multiquip, Inc. by piggybacking onto its contract with Sourcewell. The total expenditure in the 33amount of $9,111.20 shall be charged to the Capital Improvement Project—Fleet Replacement—34account number 301-2000-572-6440, which has a balance of $36,681 before this request was made.35

36Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held 37

invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the 38validity of the remaining portions of this resolution.39

40Section 3: This resolution shall become effective immediately upon adoption.41

42PASSED AND ADOPTED this _______ day of _______________, 2019.43

44ATTEST: APPROVED:45

46____________________________ _________________________47

168

CITY CLERK MAYOR4849

READ AND APPROVED AS TO FORM COMMISSION VOTE:50LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard51THEREOF Vice Mayor Harris52

Commissioner Gil53____________________________ Commissioner Liebman 54CITY ATTORNEY Commissioner Welsh55

169

Thomas F. Pepe – 04-03-19

Page 1 of 7

CONTRACT FOR PORTABLE CONSTRUCTION & MAINTENANCE EQUIPMENT &

TRAILERS WITH RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES

THIS AGREEMENT made and entered into this ____ day of __________, 20___ by

and between the City of South Miami, a Florida municipal Corporation by and through its City

Manager (hereinafter referred to as “City”) and MULTIQUI P, INC., (hereinafter referred to as

“Contractor”) whose address is 18910 Wilmington Avenue, Carson, CA 90746 and whose

email address of [email protected].

WITNESSETH:

WHEREAS, the SOURCEWELL, formerly National Joint Powers Alliance, (NJPA)

a public corporation and agency and a purchasing cooperative created by the Minnesota

legislature as a local unit of government, solicited bids pursuant to RFP #052015 for

PORTABLE CONSTURCTION & MAINTENANCE EQUIPMENT & TRAILERS WITH

RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES; and

WHEREAS, the SOURCEWELL, after completing a competitive bidding process,

awarded a contract to Contractor, and

WHEREAS, the City of South Miami desires to utilize the SOURCEWELL, Contract

with Contractor; and

WHEREAS, the City is authorized, pursuant to the City of South Miami’s Charter, to

piggyback off of contracts, such as the contract in question between SOURCEWELL, and

Contractor, that were entered into in accordance with a solicitation process that is at least as

vigorous as that of the City of South Miami; and

NOW, THEREFORE, the City and the Contractor, each through their authorized

representative/official, agree as follows:

1. The City desires to enter into a Contract, under the same provisions as set forth in

the contract between SOURCEWELL, and Contractor pursuant to RFP #052015 as modified

by this Agreement.

2. The City has reviewed the contract between SOURCEWELL, and Contractor

and agrees to the provisions of that contract which shall be applicable to a purchase order to be

issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor

hereby agrees to provide such goods and/or services, pursuant to the City’s purchase order made

during the term of this Agreement, under the same price(s), terms and conditions as found in the

solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the

Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof

by reference.

3. All references in the contract between SOURCEWELL, and Contractor, shall be

assumed to pertain to, and are binding upon Contractor and the City of South Miami. All

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Thomas F. Pepe – 04-03-19

Page 2 of 7

decisions that are to be made on behalf of SOURCEWELL, as set forth in the contract between

SOURCEWELL, and the Contractor, shall all be made by the City Manager for the City of

South Miami. Notwithstanding anything contained in the SOURCEWELL, RFP #052015 and

the contract between SOURCEWELL, and the Contractor to the contrary, this Agreement shall

be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation

shall be in Miami-Dade County, Florida.

4. Term. The term of the contract, including all extensions authorized by the

contract shall not exceed five years. The term of the SOURCWELL contract expires July 21,

2019.

5. Scope of Goods and Services. The scope of goods and services (which may

hereinafter be referred to as the “Work”) are set forth in the attached Attachment A and any

attachments thereto and the City’s purchase order, the latter of which shall take precedence. The

Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman

like manner and in accordance with all state, county and City laws, at the locations, if any,

designated by the City. All of the goods and services reflected in Attachment A shall, unless

otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services,

within N/A days from the date of the execution of this Agreement. The Contractor shall obtain

and pay for all permits required for the goods and services rendered, if any, with the exception of

permits fees charged by the City, said fees shall be waived.

6. Contract Price. The contract price for the good and services is set forth in

Attachment A or B. If not otherwise set forth in the contract between SOURCEWELL, and

the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion

of all the services, if any, and after final inspection and approval, by the City, that approves of

the goods delivered, if any, and the services performed, if any.

7. Precedence. The term, provisions and conditions of this Agreement shall take

precedence over the terms, provisions and conditions of the contract between Contractor and

SOURCEWELL.

8. Grant Funding: This project is being funded by N/A and Contractor agrees to

comply with all the requirements of that Grant, applicable to the delivery of the goods and/or

services that are the subject of this Agreement, and that are within its power to provide and to

provide all the documentation within its control that is required for the City to be able to recover

as much of the contract price that is available pursuant to the terms of the grant. A copy of the

grant, if any, is attached hereto and made a part hereof by reference.

9. Public Records: CONTRACTOR and all of its subcontractors are required to

comply with the public records law (s.119.0701) while providing goods and/or services on behalf

of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in

all of its subcontracts for this Project and shall: (a) Keep and maintain public records required

by the public agency to perform the service; (b) Upon request from the public agency's custodian

of public records, provide the public agency with a copy of the requested records or allow the

records to be inspected or copied within a reasonable time at a cost that does not exceed the cost

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provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are

exempt or confidential and exempt from public records disclosure requirements are not disclosed

except as authorized by law for the duration of the contract term and following completion of the

contract if the contractor does not transfer the records to the public agency; and (d) Upon

completion of the contract, transfer, at no cost, to the public agency all public records in

possession of the contractor or keep and maintain public records required by the public agency to

perform the service. If the contractor transfers all public records to the public agency upon

completion of the contract, the contractor shall destroy any duplicate public records that are

exempt or confidential and exempt from public records disclosure requirements. If the contractor

keeps and maintains public records upon completion of the contract, the contractor shall meet all

applicable requirements for retaining public records. All records stored electronically must be

provided 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. 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 305-663-6340; E-mail: [email protected]; 6130

Sunset Drive, South Miami, FL 33143.

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, or lawsuit arising out of the Contract

Documents or the performance of the Work thereunder or any counterclaim, cross-claim or third

party claim filed in the same proceeding.

11. Notices: Whenever notice shall be required or permitted herein, it shall be

delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or

certified mail with return receipt requested and shall be deemed delivered on the date shown on

the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the

date on the return receipt or the date shown as the date same was refused or unclaimed. If hand

delivered to the CITY, a copy must be stamped with the official CITY receipt stamp showing the

date of delivery, otherwise the document shall not be considered to have been hand delivered.

Notices shall be delivered to the following individuals or entities at the addresses (including e-

mail) or facsimile transmission numbers set forth below or in the introductory paragraph to this

contract:

To CITY: City Manager,

6130 Sunset Dr.

South Miami, FL 33143

Tel: (305) 668-2510

Fax: (305) 663-6345

E-mail: [email protected]

With copies to: City Attorney

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6130 Sunset Dr.

South Miami, FL 33143

Tel: (305) 667-2564

Fax: (305) 341-0584

E-mail: [email protected]

12. Validity of Executed Copies: This Agreement may be executed in several

counterparts, each of which may be construed as an original.

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 SOURCEWELL, 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.

MULTIQUI P, INC:

By: ____________________________

____________________________

(type name and title of signatory above)

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ATTEST: CITY OF SOUTH MIAMI

By: ____________________________ By: ____________________________

Nkenga Payne, CMC Steven Alexander

City Clerk City Manager

Read and Approved as to Form, Language, Legality and Execution Thereof.

By: ____________________________

Thomas F. Pepe

City Attorney

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CONTRACT FOR PORTABLE CONSTRUCTION & MAINTENANCE EQUIPMENT &

TRAILERS WITH RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES

ATTACHMENT A

RFP #052015

CONTRACT AWARD & FORMAL OFFERING OF PROPOSAL

EVALUATION & SELECTION FORM

BOARD MINUTES; APPROVAL OF AWARD RECOMMENDATION, DATED JULY

21, 2015

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National Joint Powers Alliance® (herein NJPA)

REQUEST FOR PROPOSAL (herein RFP) for the procurement of

PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND

SUPPLIES

RFP Opening MAY 21, 2015

8:00 a.m. Central Time At the offices of the

National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479

RFP #052015

The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of # 052015 PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES. Details of this RFP are available beginning APRIL 10, 2015. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at [email protected]. Proposals will be received until MAY 20, 2015 at 4:30 p.m. Central Time at the above address and opened MAY 21, 2015 at 8:00 a.m. Central Time.

RFP Timeline APRIL 10, 2015 Publication of RFP in the print and online version of the Minneapolis Star Tribune, in the print and online version of the USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. May 6, 2015 Pre-Proposal Conference (the webcast/conference call. The connection information 10:00 a.m. Central Time will be sent to all inquirers two business days before the conference). May 13, 2015 Deadline for RFP questions. MAY 20, 2015 Deadline for Submission of Proposals. Late responses will be 4:30 p.m. Central Time returned unopened. MAY 21, 2015 Public Opening of Proposals. 8:00 a.m. Central Time

Direct questions regarding this RFP to: Jonathan Yahn at [email protected] or (218)895-4144.

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TABLE OF CONTENTS1. DEFINITIONS

A. Contract B. Currency C. Exclusive Vendor D. FOB E. Hub Partner F. Proposer G. Request for Proposal H. Sourced Goods I. Time J. Total Cost of Acquisition K. Vendor

2. ADVERTISEMENT OF RFP\

3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative

Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products

and Services Being Proposed G. Solutions Based Solicitation

4. INSTRUCTIONS FOR PREPARING YOUR

PROPOSAL A. Inquiry Period B. Pre-Proposal Conference C. Identification of Key Personnel D. Proposer’s Exceptions to Terms and

Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a

Submitted Proposal H. Proposal Opening Procedure I. NJPA’s Rights Reserved

5. PRICING A. Line-Item Pricing B. Percentage Discount From Catalog or

Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/

Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/

Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax

L. Shipping Requesting Pricing Changes

6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Marketing Plan G. Certificate Of Insurance H. Order Process and/or Funds Flow I. Administrative Fees J. Value Added K. Waiver of Formalities

7. POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sales Activity D. Audits E. Hub Partner F. Trade-Ins G. Out of Stock Notification H. Termination of a Contract resulting from

this RFP

8. GENERAL TERMS AND CONDIITONS A. Advertising a Contract Resulting From

This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Gratuities J. Hazardous Substances K. Licenses L. Material Suppliers and Sub-Contractors M. Non-Wavier of Rights N. Protests of Awards Made O. Suspension or Disbarment Status P. Affirmative Action and Immigration

Status Certification Q. Severability R. Relationship of Parties

9. FORMS

10. PRE-SUBMISSION CHECKLIST

11. PRICE & PRODUCT CHANGE REQUEST FORM

12. APPENDIX A

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1 DEFINITIONS A. CONTRACT

“Contract” as used herein shall consist of: this RFP, pricing, fully executed forms C, D, F & P from the Proposer’s response pursuant to this RFP, and a fully executed form E (“Acceptance and Award”) with final terms and conditions. Form E will be executed on or after award and will provide final clarification of terms and conditions of the award.

B. CURRENCY All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars.

C. EXCLUSIVE VENDOR A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits and demonstrates the ability to offer and execute an outstanding overall program, demonstrates the ability and willingness to serve NJPA current and qualifying Members in all 50 states and comply with all other requirements of this RFP, is preferred.

D. FOB

FOB stands for “Freight On Board” and defines the point at which responsibility for loss and damage of product/equipment purchased is transferred from Seller to Buyer. “FOB Destination” defines that transfer of responsibility for loss is transferred from Seller to Buyer at the Buyer’s designated delivery point. FOB does not identify who is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document.

E. HUB PARTNER

An organization that a member requests to be served through with an Awarded Vendor for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction.

F. PROPOSER

A company, person, or entity delivering a timely response to this RFP. G. REQUEST FOR PROPOSAL

Herein referred to as RFP. H. SOURCED GOODS

A Sourced Good or Open Market Item is a product within the RFP’s scope - generally deemed incidental to the total transaction or purchase of contract items - which a member wants to buy under contract from an Awarded Vendor that is not currently available under the Vendor’s NJPA contract.

I. TIME

Periods of time, stated as number of days, shall be in calendar days.

J. TOTAL COST OF ACQUISITION The Total Cost of Acquisition for the equipment/products and related services being proposed is the cost of the proposed equipment/products and related services delivered and operational for its intended purpose in the end-user’s location.

K. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP.

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2 ADVERTISEMENT OF RFP

2.1 NJPA shall advertise this solicitation: 1) for two consecutive weeks in both the hard copy print and on-line editions of the MINNEAPOLIS STAR TRIBUNE; 2) once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake Tribune; 3) on NJPA’s website; 4) in the hard copy print and online editions of the USA Today; and 5) on other third-party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia, PublicPurchase.com, MERX and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation to each State level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements.

3 INTRODUCTION A. ABOUT NJPA

3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations.

3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org.

3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA’s Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use.

3.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee.

3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally.

B. JOINT EXERCISE OF POWERS LAWS

3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other States and Canadian Provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract-solutions/legal-authority/.

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C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT

3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways:

3.6.1 National cooperative contracts potentially save the time and effort of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP’s, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies.

3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts.

3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings.

3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified.

3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process.

D. THE INTENT OF THIS RFP

3.10. National contract awarded by the NJPA Board of Directors: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee reviews and recommends vendors for to award a national contract by the action of the NJPA Board of Directors. NJPA’s primary intent is to establish and provide a national cooperative procurement contract which offer opportunities for NJPA and our Member agencies to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base.

3.11 Beyond our primary intent, NJPA further desires to:

3.11.1 Award a four year term contract with a fifth year contract option resulting from this RFP;

3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP

3.11.3 Deliver “Value Added” aspects of the company, equipment/products and services as

defined in the “Proposer’s Response”;

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3.11.4 Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA Member agencies.

3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies

3.12 Exclusive or Multiple Awards: Based on the goals and scope of this RFP, NJPA is requesting responders to demonstrate their ability to serve the needs of NJPA’s national membership. It is NJPA’s intent and desire to award a contract to a single exclusive Vendor to serve our membership’s needs. To meet the goals of this RFP, NJPA reserves the right to award a Contract to multiple Proposers where the result justifies a multiple award and multiple contracts are deemed to be in the best interests of NJPA Member agencies.

3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer’s authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 3.15 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services.

E. SCOPE OF THIS RFP

3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES.

3.17 Additional Scope Definitions: For purposes of the scope of this solicitation:

3.17.1 In addition to PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES, this solicitation should be read to include, but not to be limited to:

3.17.1.1 Trailers; hand-held power or pneumatic tools that may be transported a short distance by hand with reasonable effort; hand-held or push/pull landscape equipment; portable air compressors; light towers; generators; welders; pressure washers; portable sign boards; portable traffic signals; road barricades and signs; aerial lift equipment; portable pumps; concrete mixers; and trench safety equipment.

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3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies.

3.17.2.1 This solicitation should not be construed to include sewer vacuums, street sweepers, hydro-excavators, bucket trucks, agricultural tractors, wheel or track loaders, motor graders, excavators, backhoes, bull dozers, scrapers, skid steers, tele-handlers, cranes, paving machines, screeds, pavement milling machines, derrick diggers.

3.17.2.2 This solicitation should not be construed to include more than an incidental quantity of mowers.

3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement.

3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and

office supplies generally include pencils and post-it-notes.

3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure.

3.18.3 In conclusion: With this in mind, individual products and services must be examined

individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA.

3.19 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies.

3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as “contract compliant,” products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract.

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3.23 Sole Source of Responsibility- NJPA desires a “Sole Source of Responsibility” Vendor. This means the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to:

3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members.

3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options include:

3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include:

3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed.

3.24.1.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services which provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors

3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good – better – best multiple grade solutions to NJPA and NJPA Members’ needs. 3.24.1.4 Proven – Accepted – Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide an appropriate identified spectrum of technology solutions to compliment or enhance the functionality of the proposed solutions to NJPA and NJPA Members’ needs both now and into the future.

3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award.

3.25 Geographic Area to be Proposed: This RFP invites proposals to provide PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute.

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3.26 Contract Term: At NJPA’s option a contract resulting from this RFP will become effective either the date awarded by the NJPA Board of Directors or the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services.

3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract.

3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally.

3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer’s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP.

F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED

3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members.

3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points awarded on Form G. Proposers must supply sufficient information to:

3.31.2.1 demonstrate the Proposer’s knowledge of industry standards; 3.31.2.2 identify the equipment/products and services being proposed; and 3.31.2.3 differentiate equipment/products and services from others.

3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein.

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3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be explicitly disclosed in the “Total Cost of Acquisition” section of your proposal response.

3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award.

3.36 Additional Warrants: The Proposer warrants all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended.

G. SOLUTIONS BASED SOLICITATION

3.37 NJPA solicitations and contract process will not offer specific specifications for proposers to meet or base your response on. This RFP is a “Solutions Based Solicitation.” This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within the scope of this RFP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 NJPA does not typically provide product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested product/equipment and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer’s “Solution” to NJPA and NJPA Members’ needs.

4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL

A. INQUIRY PERIOD  

4.1 The inquiry period shall begin at the date of first advertisement and continue to the “Deadline for Requests.” RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose for the defined “Inquiry Period” is to ensure proposers have enough time to complete and deliver the proposal to our office.

B. PRE-PROPOSAL CONFERENCE

4.2 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP and hear answers to their own questions and the questions of other Potential Proposers. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding.

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C. IDENTIFICATION OF KEY PERSONNEL

4.3 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed.

4.4 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer.

D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS

4.5 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C.

4.6 Exceptions, deviations or contingencies stipulated in Proposer’s Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response.

E. PROPOSAL FORMAT 4.7 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 4.8 All proposals must be properly labeled and sent to “The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479.” 4.9 Format for proposal response: All proposals must be physically delivered to NJPA at the above address in the following form and with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response:

4.9.1 Hard copy original signed, completed, and dated forms C, D, F and hard copy signed signature page only from forms A and P from this RFP; 4.9.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer; 4.9.3 Hardy copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a CD (Compact Disc) or flash drive. The copy shall contain completed Forms A, B, C, D, F & P, your statement of products and pricing (including apparent discount) together with all appropriate attachments. Everything you send with your hard copy should also be included in the electronic copy. As a public agency, NJPA proposals, responses and awarded contracts are a matter of public record, except for that data included in the proposals, responses and awarded contracts that is classified as nonpublic; thus, pursuant to statute, NJPA policies and RFP terms and conditions, all documentation, except for that data which is nonpublic is available for review by the public through a public records request. If you wish to request that certain information that falls within Minnesota Statute §13.37 be redacted, such request must be made within thirty-days of award/non-award.

4.10 All Proposal forms must be submitted in English and be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.

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4.11 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the Proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 4.12 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals.

4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message “Hold for Proposal Opening”, and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read.

4.13 Corrections, erasures, and interlineations on a Proposer’s Response must be initialed by the authorized signer in original ink on all copies to be considered.

4.14 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP.

4.14.1 Proposer’s are responsible for checking directly with the NJPA website for addendums to this RFP.

4.14.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals.

F. QUESTIONS AND ANSWERS ABOUT THIS RFP

4.15 Upon examination of this RFP document, Proposer shall promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such.

4.16 Submit all questions about this RFP, in writing, referencing PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES to Jonathan Yahn, NJPA 202 12th Street NE, Staples, MN 56479 or [email protected]. Those not having access to the Internet may call Jonathan Yahn at (218) 895-4144. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Jonathan Yahn. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7th) calendar day prior to proposal due-date cannot be answered; however, communications permitted include: NJPA issued addenda or potential Vendor withdrawal of their response prior to RFP submission deadline. 4.17 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 4.18 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required.

4.19 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 4.20 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the

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delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org by clicking on “Current and Pending Solicitations” and from the NJPA offices. No questions will be accepted by NJPA later than seven (7) days prior to the deadline for receipt of proposals, except Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response.

4.21 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals.

G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL

4.22 A submitted proposal may not be modified, withdrawn or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer.

4.23 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be “Value Added Services” for products where a typical buyer may not have the ability to perform these functions. The opportunity to indicate value added dimensions and such advancements will be available in the Proposer’s Questionnaire and Proposer’s product and service submittal.

4.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES and advances to provide equipment/products/services or supplies meeting and/or exceeding today’s industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products/services and training. Value added could include areas of equipment, product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP.

4.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase equipment/products and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide “Credits” to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. NJPA is committed to facilitating the realization of such “Credits” through certain structuring techniques for transactions resulting from this RFP.

4.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and related services they purchase. “Green” characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any Green characteristics of the equipment/products and related services in your proposal and identify the sanctioning body

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determining that characteristic. Where appropriate, please indicate which products have been certified as “green” and by which certifying agency.

4.27 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on-line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.

4.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute.

H. PROPOSAL OPENING PROCEDURE

4.29 Sealed and properly identified Proposer’s Responses for this RFP entitled PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and proposal opening identified on page one of this RFP. We document the receipt by using an atomic clock; an NJPA employee electronically time and date stamps all Proposals immediately upon receipt. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Evaluation Committee, will then read the Proposer’s names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Jonathan Yahn 202 12th Street Northeast Staples, MN 56479 or [email protected] to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES. To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly.

I. NJPA’S RIGHTS RESERVED

4.30.1 Reject any and all Proposals received in response to this RFP; 4.30.2 Disqualify any Proposer whose conduct or Proposal fails to conform to the requirements of this RFP; 4.30.3 Have unlimited rights to duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal; 4.30.4 Consider a late modification of a Proposal if the Proposal itself was submitted on time and if the modifications were requested by NJPA and the modifications make the terms of the Proposal more favorable to NJPA, and accept such Proposal as modified; 4.30.5 At its sole discretion, reserve the right to waive any non-material deviations from the requirements and procedures of this RFP; 4.30.6 Extend the Contract, in increments determined by NJPA, not to exceed a total contract term of five years; and 4.30.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA.

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4.30.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA should correct or amend any segment of the RFP after submission of Proposals and prior to announcement of the Awarded Vendor, all Proposers will be afforded ample opportunity to revise their Proposal to accommodate the RFP amendment and the dates for submission of revised Proposals announced at that time. NJPA will not be liable for any errors in the RFP or other responses related to the RFP. 4.30.9 Extend proposal due dates.

5 PRICING

5.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 5.2 RFP is an Indefinite Quantity Equipment/Products and Related Service Price and Program Request with potential national sales distribution and service. If Proposer’s solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD or thumb drive along with other requested information as a part of a Proposer’s Response. 5.3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase.

5.4 All Proposers will be required to submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies such as but not limited to “Hot List,” “Sourced Product/Equipment” and “Volume Discounts,” as well as financing options such as leasing. All pricing documents should include an effective date, preferably in the top right corner of the first page of each pricing document.

A. LINE-ITEM PRICING 5.5 A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products/equipment and/or related services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products/equipment and prices are individually identified however, Proposers with a large number of products/equipment to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and increase the clarity of the contract pricing format. 5.6 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU’s (when applicable) and easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal. 5.8 The purpose for a searchable excel spreadsheet format for Line-Item Pricing is to be able to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products/equipment and related services. 5.9 All products/equipment and related services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs.

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5.10 Proposers are asked to provide both a published “List” price as well as a “Proposed Contract Price” in their pricing matrix. Published List price will be the standard “quantity of one” price currently available to government and educational customers excluding cooperative and volume discounts.

B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY

5.11 A specific percentage discount from a Catalog or List price” defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products/equipment or related services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings.

5.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including all Manufacturer Options applicable to the equipment/products or related services. 5.14 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published MSRP with NJPA and must be included in their proposal and provided throughout the term of any Contract resulting from this RFP.

C. COST PLUS A PERCENTAGE OF COST

5.15 Cost plus a percentage of cost as a primary pricing mechanism is not desirable.

D. HOT LIST PRICING

5.16 Where applicable, a Vendor may opt to offer a specific selection of products/services, defined as Hot List pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted electronically provided in Excel format. Hot List pricing must be submitted in a Line-Item format. Equipment/products and related services may be added or removed from the “Hot List” at any time through an NJPA Price and Product Change Form.

5.17 Hot List program and pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and related services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members.

E. CEILING PRICE

5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and related services be offered pursuant to this Contract at prices above this ceiling price without request and approval by NJPA. Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 5.19 Allowable specific needs may include competitive situations, certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members.

F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES

5.20 Proposers are free to offer volume commitment discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 5.21 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific

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needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. 5.22 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor’s suppliers.

5.23 The contract awarded vendor will accept orders for additional quantities at the same prices, terms and conditions, providing the NJPA Member exercises the option before a specific date, mutually agreed upon between member and contract awarded vendor at time of original purchase order. Any extension(s) of pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract awarded vendor.

G. TOTAL COST OF ACQUISITION

5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. For example, if you are proposing equipment/products FOB Proposer’s dock., your proposal should identify your deviation from the “Total Cost of Acquisition” of contracted equipment/products. The Proposal should reflect that the “contract does not provide for delivery beyond Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities.” In contrast, proposed terms including all costs for product/equipment and services delivered and operational at to the end-user’s location would require a disclosure of “None.”

H. SOURCED PRODUCT/EQUIPMENT / OPEN MARKET ITEMS

5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor’s NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members’ needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request product/equipment and/or related services that are within the related scope of this RFP, which are not included in an awarded Vendor’s line-item product/equipment and related service list or catalog. These items are known as Sourced Product/Equipment or Open Market Items.

5.27 An awarded Vendor resulting from this RFP may “Source” equipment/products and related services for NJPA or an NJPA Member to the extent they:

5.27.1 Identify all such equipment, products and services as “Sourced Products/Equipment ” or “Open Market Items” on any quotation issued in reference to an NJPA awarded contract, and provided to either NJPA or an NJPA Member; and 5.27.2 Follow all applicable acquisition regulations pertaining to the purchase of such equipment, products and services, as defined by NJPA or NJPA Member receiving quotation from Vendor; and 5.27.3 Ensure NJPA or the NJPA Member has determined the prices as quoted by the Vendor for such equipment, products and services are deemed to be fair and reasonable and are acceptable to the member/buyer; and

5.27.4 Identify all product/equipment sourced as a part of an NJPA contract purchase with all required NJPA reporting and fees applying.

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5.28 Cost plus a percentage is an option in pricing of sourced goods.

I. PRODUCT & PRICE CHANGES

5.29 Requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website) and signature of an authorized Vendor employee. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager and [email protected]. 5.30 NJPA’s due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the “Best Interests of NJPA and NJPA Members.” A signed Price and Product Change form will be returned to vendor contact via email. 5.31 Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY eff 02-12-2013.” 5.32 New pricing restatement must include all equipment/products and services offered regardless of whether their prices have changed and include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the scope of the RFP. New equipment/products and related services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products and related services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and related services generally include new updated models of equipment/products and related services and or enhanced services previously offered which could reflect new technology and improved functionality. 5.34 DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc. 5.35 PRICE CHANGES: Request prices changes in general terms along with the justification by product category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials.

5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies.

5.35.2 Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/product or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. Special details for price changes must be included with the request along with both current and proposed pricing. Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases. Price increases will not exceed industry standard.

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5.36 Submit the following documentation to request a pricing change:

5.36.1 Signed NJPA Price and Product Change Form

5.36.2 Single Statement of Pricing Excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each complete pricing list will be identified by its “Effective Date.” Each successive price listing identified by its “Effective Date” will create a “Product and Price History” for the Contract. Each subsequent pricing update will be saved using the naming convention of “(Vendor Name) pricing effective XX/XX/XXXX.”

5.36.2.1 Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will:

5.36.2.1.1 Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. 5.36.2.1.2 Create a historical record of pricing.

5.37 NJPA reserves the right to review additional catalogs being proposed as additions or replacements to determine if the represented products and services reflect and relate to the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non-approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non-contract items during the Contract may be grounds for terminating the Contract for convenience. 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 5.40 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each “Pricing” sheet created as a result of each request for product, service, or pricing change. 5.41 Each subsequent “Single Statement of Product and Pricing” will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. Proposers are required to create a historical record of pricing annually by submitting updated pricing referred to as a “Single Statement of Product/Equipment and Related Services Contract Price Update”. This pricing update is required at a minimum of once per contract year.

J. PAYMENT TERMS

5.42 Payment terms will be defined by the Proposer in the Proposer’s Response. Proposers are encouraged to offer payment terms through P Card services if applicable. 5.43 If applicable, identify any leasing programs available to NJPA and NJPA Members as part of your proposal. Proposers should submit an example of the lease agreement to be used and should identify:

5.43.1 General leasing terms such as:

5.43.1.1 The percentage adjustment over/under an index rate used in calculating the

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internal rate of return for the lease; and 5.43.1.2 The index rate being adjusted; and

5.43.1.3 The “Purchase Option” at lease maturity ($1, or fair market value); and

5.43.1.4 The available term in months of lease(s) available.

5.43.2 Leasing company information such as:

5.43.2.1 The name and address of the leasing company; and

5.43.2.2 Any ownership, common ownership, or control between the Proposer and the

Leasing Company. K. SALES TAX

5.44 Sales and other taxes shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP.

L. SHIPPING 5.45 NJPA desires an attractive freight program. A shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of equipment/products. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. COD orders will be accepted if both parties agree. It is desired that delivery be made within ninety-days (90) of receipt of the Purchase Order.

5.46 Selection of a carrier for shipment or expedited shipping will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the party who requested.

5.47 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weight items and shipments may be subject to custom freight programs.

5.48 All shipping and re-stocking fees must be identified in the price program. Certain industries providing made to order product/equipment may not allow returns. Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. 5.49 Proposer agrees shipping errors will be at the expense of the Vendor. 5.50 Delivery effectiveness is very important aspect of this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member.

5.51 Delivered products/equipment must be properly packaged. Damaged equipment/products will not be accepted, or if the damage is not readily apparent at the time of delivery, the equipment/products shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the

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equipment/products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the equipment/products at the time of delivery.

5.52 Vendor shall deliver Contract conforming products/equipment in each shipment and may not substitute products/equipment without approval from NJPA or the NJPA Member.

5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior equipment/products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of non-conforming equipment/products, NJPA Member will notify the Vendor as soon as possible and the Vendor will replace non-conforming equipment/products with conforming equipment/products acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on equipment/products that arrives in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged equipment/products. 5.55 Vendor may not substitute equipment/products unless agreed to by both parties. 5.56 Unless contrary to other parts of this solicitation, if the product/equipment or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest.

6 EVALUATION OF PROPOSALS

A. PROPOSAL EVALUATION PROCESS

6.1 The NJPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point evaluation system. The Committee establishes both the evaluation criteria and designates the relative importance of those criteria by assigning possible scores for each category on Form G of this RFP. 6.2 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately only one of the factors taken into consideration in the evaluation and award. 6.3 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Evaluation Committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness.”

B. PROPOSER RESPONSIVENESS

6.4 All responses are evaluated for level one and level two responsiveness. If a response does not reasonably and substantially conform to all the terms and conditions in the solicitation or it requests unreasonable exceptions, it may be considered non-responsive. 6.5 All proposals must contain answers or responses to the information requested in the proposal forms. The following items constitute the test for “Level One Responsiveness” and are determined on the proposal opening date. If these are not received, your response may be disqualified as non-responsive. 6.6 Level One Responsiveness includes:

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6.6.1 received prior to the deadline for submission or it will be returned unopened; 6.6.2 properly addressed and identified as a sealed proposal with a specific opening date and time; 6.6.3 pricing document (with apparent discounts), sample certificate of liability insurance and

all forms fully completed even if “not applicable” is the answer;

6.6.4 original signed, completed and dated RFP forms C, D, and F hard copy signed signature page Only from forms A and P from this RFP and if applicable, all counter signed addenda issued in relation to this RFP;

6.6.5 an electronic copy (CD or flash drive) of the entire response; and 6.6.6 falls within the scope as determined by the NJPAs Proposal Evaluation Committee.

6.7 “Level Two” responsiveness is determined through the evaluation of the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. Any questions not answered will result in a loss of points from relevant Form G criteria and may lead to non-award if too many areas are unanswered resulting in the inability for evaluation team to effectively review your response.

C. PROPOSAL EVALUATION CRITERIA

6.8 Evaluation Criteria: Forms A and P includes a series of questions encompassing, but not limited to, the following categories:

6.8.1 Company Information & Financial Strength

6.8.2 Industry Requirements & Marketplace Success

6.8.3 Ability to Sell & Deliver Service Nationwide

6.8.4 Marketing Plan

6.8.5 Other Cooperative Procurement Contracts

6.8.6 Value Added Attributes

6.8.7 Payment Terms & Financing Options

6.8.8 Warranty

6.8.9 Equipment/Products/Services

6.8.10 Pricing & Delivery

6.8.11 Industry Specific Items

6.9 Evaluation of each Proposer’s Response will take into consideration as a minimum response but not necessarily limited to these items.

D. OTHER CONSIDERATION

6.10 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the equipment/products and/or related services.

6.11 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company.

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6.12 If a manufacturer or supplier chooses not to produce or supply a full selection and representation of product/equipment and related services it has available which fall within the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 6.13 NJPA reserves the right to request and test equipment/products and related services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer’s resources, personnel, and organization within three (3) days. 6.14 Past performance information is relevant information regarding a Proposer’s actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer’s record of conforming to specifications and standards of good workmanship. The Proposer’s history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer’s businesslike concern for the interests of the NJPA Member. 6.15 NJPA shall reserve the right to reject any or all proposals.

E. COST COMPARISON 6.16 NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of specific and deemed to be like equipment/products. NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination.

6.17 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit cost will be used as a basis for determining the point value. The “Market Basket” will be selected by NJPA from all product categories as determined appropriate by NJPA.

F. MARKETING PLAN

6.18 A key element of an NJPA awarded a contract will be based on your marketing response to this solicitation. An awarded Vendor’s sales force will be the primary source of communication to the customers and NJPA members directly relating to the contract success. Success in marketing is dependent on delivery of messaging and communication relating to the contract value, knowledge of contract, proper use and the delivery of contracted equipment/products and related services to the end user. Much of the success and sales reward is a direct result of the commitment to the Contract by the vendor and sales teams. NJPA reserves the right to deem a proposer non-responsive or to not award based on an unacceptable or incomplete marketing plan 6.19 NJPA marketing expectations include:

6.19.1 Vendors ability to demonstrate the leveraging of a national sales force and/or dealer network. Vendors must demonstrate the ability to sell, service and deliver products and equipment through acceptable distribution channels to customers and NJPA members in all 50 states. Demonstrate fully the sales and service capabilities of your company through your response; outline Vendor’s national sales force network in terms of numbers and geographic location and method of distribution of the equipment/products and related services. Service may be independent of the equipment/product sales pricing but is encouraged to be a part of your response and contract.

6.19.2 Vendor is invited to demonstrate the ability to successfully market, promote and communicate the opportunity of an NJPA contract to current and potential members nationwide. NJPA desires a marketing plan that communicates the value of the contract to members.

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6.19.3 Vendor is expected to be receptive to NJPA sales trainings. Vendor shall provide a venue for appropriate personnel from both management and the sales force who will be trained. NJPA commits to providing contract sales training and awareness regarding all aspects of communicating the value of the contract itself including: the authority of NJPA to offer the contract to its Members, value and utility the contract delivers to NJPA Members, scope of NJPA Membership, authority of NJPA Members to utilize NJPA procurement contracts, marketing and sales methods, and overall vertical strategies.

6.19.4 Vendor is expected to demonstrate the intent to a commit to full embracement of the NJPA contract. Identify the appropriate levels of sales management and sales force that will need to understand the value of and the internal procedures necessary, to deliver the NJPA contract solution and message to NJPA and NJPA Members. NJPA shall provide a general schedule and a variety of methods surrounding when and how those individuals will be trained.

6.19.5 Vendor will outline their proposed involvement in the promotion of a contract resulting from this RFP through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA embraced national trade shows. 6.19.6 Vendor must exhibit the willingness and ability to actively market and develop contract specific marketing materials including, but not limited to:

6.19.6.1 Complete Marketing Plan. Proposer shall submit a marketing plan outlining how the Vendor will launch the NJPA contract to current and potential NJPA Members. NJPA requires the Awarded Vendors to embrace and actively promote the Contract in cooperation with the NJPA.

6.19.6.2 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logo and contact information to be used in the NJPA directory and other approved marketing publications.

6.19.6.3 Contract announcements and advertisements. Proposer will outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer’s Website. Proposer will identify how an Awarded Contract will be displayed and linked on the Proposer’s website. An on-line shopping experience for NJPA Members is desired when applicable.

6.19.7 An NJPA Vendor Contract Launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN.

6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA.

G. CERTIFICATE OF INSURANCE

6.21 Vendors shall provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance or an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of a Certificate of Insurance identifying the coverage required below

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and identifying NJPA as a “Certificate Holder.” Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions and/or assumptions to the insurance requirements must be identified on Attachment C. Exceptions and/or assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, NJPA will not consider any additional exceptions and/or assumptions during negotiations. Upon contract award, the successful vendor must provide the Certificate of Insurance identifying the coverage as specified.

6.23 Insurance Liability Limits: The awarded vendor must maintain, for the duration of its contract, $1.5 million in General Liability insurance coverage or General Liability insurance in conjunction with an Umbrella for a total combined coverage of $1.5 million. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of contract.

6.23.1 Minimum Scope and Limits of Insurance: Vendor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

6.23.1.1 Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage.

6.23.1.2 Each Occurrence $1,500,000

6.24 Insurance Requirements: The limits listed herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. NJPA in no way warrants that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary.

6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. NJPA in no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Vendor shall furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above.

H. ORDER PROCESS AND/OR FUNDS FLOW

6.27 Please propose an order process and funds flow. The Business-to-Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. Administrative fees may also be used for purposes as allowed by Minnesota State Law and approved by the Board of Directors.

6.28 Additional Terms and Conditions can be added at the PO level if both Vendor and Member agree.

I. ADMINISTRATIVE FEES

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6.29 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be:

6.29.1 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction; and

6.29.2 Included in, and not added to, the pricing included in Proposer’s Response to the RFP; and

6.29.3 Designed to offset the anticipated costs of NJPA’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract resulting from this RFP. Administrative fees may also be used for other purposes as allowed by Minnesota law. Administrative fees may also be used for other purposes as allowed by Minnesota law.

6.29.4 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. NJPA does not mandate a specific fee percentage, we merely state that 2% is a typical fee across our contracts. The administrative fee percent varies among vendors, industries and responses.

6.29.5 NJPA awarded contract holder is responsible for the Administrative Fee and related reporting.

6.30 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer’s Questionnaire Form P.

J. VALUE ADDED

6.31 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be “Value Added Services” for products where a typical buyer may not have the ability to perform these functions.

6.32 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer’s Questionnaire and Proposer’s product and service submittal.

6.33 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES and advances to provide products/services, supplies meeting and/or exceeding today’s industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP.

6.34 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase product/equipment and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide “Credits” to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated

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positively by NJPA and reflected in the “value added” area of the evaluation. NJPA is committed to facilitating the realization of such “Credits” through certain structuring techniques for transactions resulting from this RFP.

6.35 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and related services they purchase. “Green” characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any Green characteristics of the product/equipment and related services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as “green” and by which certifying agency.

6.36 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on-line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.

6.37 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute.

6.38 Technology: Technological advances, increased efficiencies, expanded service and other related improvements beyond today’s NJPA member’s needs and applicable standards.

K. WAIVER OF FORMALITIES

6.39 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members.

7 POST AWARD OPERATING ISSUES

A. SUBSEQUENT AGREEMENTS

7.1 Purchase Order. Purchase Orders for equipment/products and/or related services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor’s sub-contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase Orders that “This purchase order is issued pursuant to NJPA procurement contract #XXXXXX.” A Purchase Order is an offer to purchase product/equipment and related services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 7.2 Governing Law. Purchase Orders shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser.

7.3 Additional Terms and Conditions. Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to formally introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose, intent or currently established terms and conditions contain in this RFP document.

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7.4 Specialized Service Requirements. In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part or within the scope of the awarded Contract.

7.5 Performance Bond. At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for product/equipment and related services. If a purchase order is cancelled for lack of a required performance bond by the member agency, it shall be the recommendation of NJPA that the current pending Purchase Order be canceled. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER.

B. NJPA MEMBER SIGN-UP PROCEDURE

7.6 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership with NJPA. NJPA membership is at no cost, obligation or liability to the Member or the Vendor.

C. REPORTING OF SALES ACTIVITY

7.7 A report of the total gross dollar volume of all equipment/products and related services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will provided by NJPA to include, but not limited to, name and address of purchasing agency, member number, amount of purchase, and a description of the items purchased.

7.7.1 Zero sales reports: Awarded Vendors are responsible for providing a quarterly sales report of contract sales every quarter regardless of the existence or amount of sales.

D. AUDITS

7.8 No more than once per calendar year during the Contract term, Vendor may be required to make available to NJPA the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and all payments made by NJPA members for all equipment/products and related services purchased under the awarded Contract. NJPA must provide written notice of exercise of this requirement with no less than fourteen (14) business days’ notice. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor’s fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged under of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner.

E. HUB PARTNER

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7.9 Hub Partner: NJPA Members may request to be served through a “Hub Partner” for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits or other considerations. 7.10 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction; and to the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is “Executed for the Benefit of [NJPA Member Name].”

F. TRADE-INS

7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration.

G. OUT OF STOCK NOTIFICATION

7.12 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of-stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out-of-stock item(s), and may suggest equivalent substitute(s). The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. Under no circumstance is Proposer permitted to make unauthorized substitutions. Unfilled or substituted item(s) shall be indicated on the packing list.

H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP

7.13 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure. Some examples of material breach include, but are not limited to:

7.13.1 The Vendor provides products/equipment or related services that does not meet

reasonable quality standards and is not remedied under the warranty;

7.13.2 The Vendor fails to ship the products/equipment or related services or provide the delivery and services within a reasonable amount of time;

7.13.3 NJPA has reason to believe the Vendor will not or cannot perform to the requirements or expectations of the Contract and issues a request for assurance and Vendor fails to respond;

7.13.4 The Vendor fails to observe any of the material terms and conditions of the Contract;

7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract.

7.13.6 The Vendor fails to report quarterly sales;

7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA defined in the NJPA Contract Launch.

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7.13.8 In the event the contract has no measurable and defining value or benefit to NJPA or the NJPA member.

7.14 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. If the issue is not resolved within sixty (60) days, contract will be terminated.

7.15 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part.

7.16 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Awarded Vendor will be responsible for disclosing to NJPA any litigation, bankruptcy or suspensions/disbarments that occur during the contract period. Failure to disclose may result in an immediate termination of the contract.

7.17 NJPA may execute Contract termination without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination.

7.18 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA.

7.19 Events of Automatic termination to include, but not limited to:

7.19.1 Vendor’s failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, 7.19.2 Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law.

8 GENERAL TERMS AND CONDITIONS

A. ADVERTISING A CONTRACT RESULTING FROM THIS RFP

8.1 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members.

B. APPLICABLE LAW

8.2 NJPA’s interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA’s interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the product/equipment and services procured there from.

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8.3 NJPA Compliance with Minnesota Procurement Law: NJPA will exhaust all avenues to comply with each unique state law or requirement whenever possible. It is the responsibility of each participating NJPA member to ensure to their satisfaction that NJPA contracting process falls within these laws and applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with their own requirements and procurement regulations.

8.4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts resulting from this solicitation. 8.5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota unless otherwise agreed to.

8.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser.

8.6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the transaction, acquisition, manufacturer, suppliers or the sale of the equipment/products and relating services resulting from this RFP. 8.7 Other Laws, whether or not herein contained, shall be included by this reference. It shall be Proposer’s/Vendor’s responsibility to determine the applicability and requirements of any such laws and to abide by them. 8.8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 8.9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and Copyright Infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright.

C. ASSIGNMENT OF CONTRACT

8.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor shall be made without prior written permission of the NJPA. NJPA shall notify members by posting approved assignments on the NJPA website (www.njpacoop.org) within 15 days of NJPA’s approval.

8.12 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 guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor.

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D. LIST OF PROPOSERS

8.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of the potential Members and qualified national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals.

E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS

8.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request.

F. DATA PRACTICES 8.15 All materials submitted in response to this RFP will become property of the NJPA and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed. If the Responder submits information in response to this RFP that it believes to be nonpublic information, as defined by the Minnesota Government Data Practices Act, Minnesota Statute § 13.37, the Responder must:

8.15.1 make the request within thirty days of award/non-award, and include the appropriate statutory justification. Pricing is generally not redactable. The NJPA Legal Department shall review the statement to determine whether the information shall be withheld. If the NJPA determines to disclose the information, the Bids & Contracts department of the NJPA shall inform the Proposer, in writing, of such determination; and 8.15.2 defend any action seeking release of the materials it believes to be nonpublic information, and indemnify and hold harmless the NJPA, its agents and employees, from any judgments or damages awarded against the NJPA in favor of the party requesting the materials, and any and all costs connected with that defense.

8.16 This indemnification survives the NJPA’s award of a contract. In submitting a response to this RFP, the Responder agrees that this indemnification survives as long as the confidential information is in possession of the NJPA. When the situation warrants, Proposer may be able redact additional nonpublic information after the evaluation process if legal justification is provided and accepted by NJPA.

G. ENTIRE AGREEMENT

8.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E).

H. FORCE MAJEURE

8.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to

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commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours.

I. GRATUITIES

8.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of the NJPA.

J. HAZARDOUS SUBSTANCES

8.20 Proper and applicable Material Safety Data Sheets (MSDS) that are in full compliance with OSHA’s Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time of purchase.

K. LICENSES

8.21 Proposer shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA members by the Proposer. 8.22 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and related services to NJPA and NJPA Members nationally. Documentation of required said licenses and authorities, if applicable, is requested to be included in the proposer’s response.

L. MATERIAL SUPPLIERS AND SUB-CONTRACTORS

8.23 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or the NJPA member.

M. NON-WAIVER OF RIGHTS

8.24 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right.

N. PROTESTS OF AWARDS MADE

8.25 Protests shall be filed with the NJPA’s Executive Director and shall be resolved in accordance with appropriate Minnesota state statutes. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) calendar days after the public notice or announcement of the award. A protest must include:

8.25.1 The name, address and telephone number of the protester;

8.25.2 The original signature of the protester or its representative (you must document the

authority of the Representative);

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8.25.3 Identification of the solicitation by RFP number;

8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts;

8.25.6 Identification of the issues to be resolved;

8.25.7 The aggrieved party’s argument and supporting documentation; 8.25.8 The aggrieved party’s statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party’s statement of potential financial damages.

O. SUSPENSION OR DISBARMENT STATUS

8.26 If within the past five (5) years, any firm, business, person or Proposer responding to NJPA solicitation and submitting a proposal has been lawfully terminated, suspended or precluded from participating in any public procurement activity with a federal, state or local government or education agency the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists.

P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION

8.27 An Affirmative Action Plan, Certificate of Affirmative Action or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors shall comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors shall comply with any such requirements or requests.

Q. SEVERABILITY

8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from an awarded Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP.

R. RELATIONSHIP OF PARTIES

8.30 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal–agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein.

9 FORMS

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Form A

PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P)

Proposer Name: ____________________________Questionnaire completed by: ________________________________

Please identify the person NJPA should correspond with from now through the Award process:

Name: _____________________________________ E-Mail address: _______________________________________

Provide an answer to all questions directly below each question (do not leave blank, mark NA if not applicable) and address all requests made in this RFP. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Please use the Microsoft Word document version of this questionnaire to respond to the questions contained herein.

Company Information & Financial Strength

1) Why did you respond to this RFP? 2) What are your company’s expectations in the event of an award? 3) Provide the full legal name, address, tax identifications number, and telephone number for your business. 4) Demonstrate your financial strength and stability. 5) Are you now, or have you ever been the subject of a bankruptcy action? Please explain. 6) Provide a brief history of your company that includes your company’s core values and business philosophy. 7) How long has your company been in the PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND

TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES industry? 8) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the

products/equipment and related services being proposed? a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of

your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products/equipment and related services you are proposing.

b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products/equipment and related services proposed.

c) Are these individuals your employees, or the employees of a third party? d) If applicable, is the Dealer Network independent or company owned?

9) Please provide your bond rating, and/or a credit reference from your bank. 10) Provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually

held by your organization in pursuit of the commerce and business contemplated by this RFP. 11) Provide a detailed explanation outlining licenses and certifications both required to be held, and actually held, by third

parties and sub-contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with “Not Applicable.”

12) Provide all “Suspension or Disbarment” information as defined and required herein. 13) In addition to the $1.5 million in General Liability and/or in conjunction with umbrella insurance coverage, what level

of automobile and workers compensation insurance does your organization currently have? If none, please explain. 14) Within the RFP category there is potential to be several different sub-categories of solutions; list sub category title/s

that best describe your equipment/products, services and supplies.

Industry Requirements &Marketplace Success

15) List and document recent industry awards and recognition. 16) Supply three references/testimonials from customers of like status to NJPA Members to include Government and

Education agencies. Please include the customer’s name, contact, and phone number.

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17) Provide a list of your top 5 Government and/or Education customers (entity name is optional) including: entity type, the state the entity is located in, scope of the project/s, size of transaction/s and dollar volumes from the past 3 fiscal years.

18) What percentages of your current (within the past three (3) fiscal years) national sales are to the government and education verticals? Indicate government and education verticals individually.

Proposer’s Ability to Sell and Deliver Service Nationwide

19) Please describe your company sales force in terms of numbers, geographic dispersion, and the proportion of their

attention focused on the sale and services of the equipment/products contemplated in this RFP? 20) Please describe your dedicated dealer network and number of individual sales force within your dealer network in terms

of numbers, geographic dispersion, and the proportion of their attention focused on the sales distribution and delivery of your equipment/products and related services contemplated in this RFP?

21) Please describe your dedicated company service force or dedicated network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP?

22) Please describe your dedicated dealer service force or network in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? Additionally, please describe any applicable road service and do they offer the ability to service customers at the customer’s location?

23) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time capabilities and commitments as a part of this RFP response and awarded contract.

24) Identify any geographic areas or NJPA market segments of the United States you will NOT be fully serving through the proposed contract.

25) Identify any of NJPA Member segments or defined NJPA verticals you will NOT be offering and promoting an awarded contract to? (Government, Education, Non-profit)

26) Define any specific requirements or restrictions as it applies to our members located off shores such as Hawaii and Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document.

Marketing Plan

27) Describe your contract sales training program to your sales management, dealer network and/or direct sales teams

relating to a NJPA awarded contract. 28) Describe how you would market/promote an NJPA Contract nationally to ensure success. 29) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and

contract opportunity. Please send a few representative samples of your marketing materials in electronic format. 30) Describe your use of technology and the internet to provide marketing and ensure national contract awareness. 31) Describe your perception of NJPA’s role in marketing the contract and your contracted products/equipment and related

services. 32) Describe in detail any unique marketing techniques and methods as a part of your proposal that would separate you

from other companies in your industry. 33) Describe your company’s Senior Management level commitment with regards to embracement, promoting, supporting

and managing a resultant NJPA awarded contract 34) Do you view your products/equipment applicable to an E-procurement ordering process?

____ Yes ____ No a) If yes, describe examples of E-procurement system/s or electronic marketplace solutions that your

products/equipment was available through. Demonstrate the success of government and educations customers to ordering through E-procurement.

35) Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally?

Other Cooperative Procurement Contracts

36) Describe your level of experience with national, state and local cooperative contracts. 37) What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous

question. 38) Identify any GSA Contracts held or utilized by the Proposer.

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39) What is the annual combined dollar sales volume for each of these contracts? 40) If you are awarded the NJPA contract, are there any market segments or verticals (e.g., higher education, K-12 local

governments, non-profits etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle.

41) How would you leverage an NJPA awarded contract in your sales process? 42) Identify a proposed administrative fee payable to NJPA for facilitation, management and promotion of the NJPA

contract, should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line item addition to the customers cost of goods.

Value Added

43) If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable,

do you offer equipment operator training as well as maintenance training? ____ Yes ____ No 44) Is this training standard as a part of a purchase or optional? 45) Describe current technological advances your proposed equipment/products and related services offer. 46) Describe your “Green” program as it relates to your company, your products/equipment, and your recycling program,

including a list of all green products accompanied by the certifying agency for each (if applicable). 47) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations and the

general minority and small business program of your organization as it relates to a Contract resulting from this RFP. 48) Identify any other unique or custom value added attributes of your company or your products/equipment or related

services. What makes your proposed solutions unique in your industry as it applies to NJPA members? 49) Other than what you have already demonstrated or described, what separates your company, your products/equipment

and related services from your competition? 50) Identify and describe any service contract options included in the proposal, or offered as a proposed option, for the

products/equipment being offered. 51) Identify your ability and willingness to offer an awarded contract to qualifying member agencies in Canada specifically

and internationally in general. 52) Describe any unique distribution and/or delivery methods or options offered in your proposal.

NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and

Delivery, and Industry Specific Items are addressed on Form P.

Signature: __________________________________________________________ Date: ________________________

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Form B

PROPOSER INFORMATION

Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________

City/State/Zip: ___________________________________________________________________________

Phone: _____________________________________ Fax: ____________________________________

Toll Free Number: ___________________________ E-mail: __________________________________

Web site: _______________________________________________________________________________

Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible

COMPANY PERSONNEL CONTACTS

Authorized Signer for your organization*:

Name: _________________________________________________________________________________

Email: _________________________________________________Phone: ___________________________________

* By executing Form F, the “Proposer’s Assurance of Compliance,” you are certifying this person identified here has their authorization to sign on behalf of your organization:

Author of your proposal response

Name:__________________________________________________Title:______________________________________

Email: _________________________________________________Phone:_____________________________________

Your Primary Contact person regarding your proposal:

Name: _________________________________________Title:______________________________________

Email: _________________________________________Phone:_____________________________________

Other important contact information:

Name: _________________________________________Title:______________________________________

Email: _________________________________________Phone:_____________________________________

Name: _________________________________________Title:______________________________________

Email: _________________________________________Phone:_____________________________________

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Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS

AND SOLUTIONS REQUEST

Company Name: _____________________________________________________________________________

Note: Original must be signed and inserted in the inside front cover pouch.

Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document

the results of those clarifications in the appropriate section below.

Section/page Term, Condition, or

Specification Exception

NJPA ACCEPTS

Proposer’s Signature: ______________________________________________________ Date: ________________

NJPA’s clarification on exception/s listed above:

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Contract Award RFP 052015 #

FORM D

Formal Offering of Proposal (To be completed Only by Proposer)

PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES

In compliance with the Request for Proposal (RFP) for PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s Response documentation. Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer.

Company Name: _______________________________ Date: ___________________________________________

Company Address: _______________________________________________________________________________

City:_________________________________________ State: ____________ Zip: __________________________

Contact Person: ________________________________ Title: ___________________________________________

Authorized Signature (ink only): _________________________________ __________________________________

(Name printed or typed)

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Form E

Contract Acceptance and Award

(To be completed only by NJPA)

NJPA 052015 # ______________________________________________________

___________________________________________________________________ Proposer’s full legal name

Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C.

The effective start date of the Contract will be ___________________________, 20________ and continue for four years from the board award date. This contract has the consideration of a fifth year renewal option at the discretion of NJPA.

National Joint Powers Alliance® (NJPA)

NJPA Authorized signature: ________________________________ _______________________________________ NJPA Executive Director (Name printed or typed)

Awarded this _______ day of_________________________, 20___________ NJPA Contract Number 052015 #

NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed)

Executed this ______ day of __________________________, 20___________ NJPA Contract Number 052015 #

Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C.

Vendor Name ____________________________________________

Vendor Authorized signature: _______________________________ __________________________________ (Name printed or typed)

Title: _____________________________________________________________

Executed this _____________ day of ___________________, 20___________ NJPA Contract Number 052015 #

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Form F PROPOSER ASSURANCE OF COMPLIANCE

Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT

The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the “Proposer”), being duly sworn on his/her oath, states to the best of his/her belief and knowledge:

1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer

has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any equipment/products and related services, all applicable licenses necessary for such delivery to NJPA members agencies nationally, and that they are authorized to act on behalf of, and encumber the “Proposer” in this Contract; and

2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition of the Contract sought for by this RFP; and

3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract; and

4. Neither the Proposer nor any officer, director, partner, member or associate of the Proposer, nor any of its

employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985; and

5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal; and

6. If awarded a contract, the Proposer will provide the equipment/products and/or services to qualifying members

of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation; and

7. The undersigned, being familiar with and understand the expectations requested and outlined in this RFP under

consideration, hereby proposes to deliver through valid requests, Purchase Orders or other acceptable forms ordering and procurement by NJPA Members. Unless otherwise indicated, requested and agreed to on a valid purchase order per this RFP, only new, unused and first quality equipment/products and related services are to be transacted with NJPA Members relating to an awarded contract; and

8. The Proposer has carefully checked the accuracy of all proposed products/equipment and related services and listed total price per unit of purchase in this proposal to include shipping and delivery considerations. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment as outlined and proposed; and

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9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP; and

10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the

federal, state, and local laws, regulations, rules, and orders; and

11. The Proposer understands that submitted proposals which are marked “confidential” in their entirety, or those in which a significant portion of the submitted proposal is marked “nonpublic” will not be accepted by NJPA. Pursuant to Minnesota Statute §13.37 only specific parts of the proposal may be labeled a “trade secret.” All proposals are nonpublic until the contract is awarded; at which time, both successful and unsuccessful vendors’ proposals become public information.

12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the proposal.

13. By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly realizes failure to so act will constitute a complete waiver and all submitted information will become public information; additionally failure to label any information that is released by NJPA shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

[The rest of this page has been left intentionally blank. Signature page below]

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By signing below, Proposer is acknowledging that he or she has read, understands and agrees to comply with the terms and conditions specified above.

Company Name:

Contact Person for Questions: _____________________________________________________________________________________ (Must be individual who is responsible for filling out this Proposer’s Response form)

Address: ____________________________________________________________________________________

City/State/Zip: _______________________________________________________________________________

Telephone Number: _____________________________ Fax Number: _________________________________

E-mail Address:______________________________________________________________________________

Authorized Signature: _________________________________________________________________________

Authorized Name (typed): ______________________________________________________________________

Title: _______________________________________________________________________________________

Date: _______________________________________________________________________________________

Notarized

Subscribed and sworn to before me this ______________ day of ___________________, 20______________

Notary Public in and for the County of __________________________________________ State of __________

My commission expires: _______________________________________________________________________

Signature: __________________________________________________________________________________

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Form G

OVERALL EVALUATION AND CRITERIA

For the Proposed Subject PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES

Conformance to Terms & Conditions 50

Financial, Industry Requirements & Marketplace Success

75

Proposer’s Ability to Sell and Deliver Service Nationwide

100

Proposer’s Marketing Plan 50

Value Added Attributes 75

Warranty 50

Equipment/Products and Related Services 200

Pricing 400

TOTAL POINTS 1000

Reviewed by: _________________________________________ Its_________________________________

_________________________________________Its_________________________________

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Form P

PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, Industry Specific

Proposer Name: _________________________________________________________________________

Questionnaire completed by: ______________________________________________________________

Payment Terms and Financing Options

1) Identify your payment terms if applicable. (Net 30, etc.) 2) Identify any applicable leasing or other financing options as defined herein. 3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be

modified or refined during an NJPA member’s final Contract phase process). a. Please specify if you will be including your dealer network in this proposal. If so, please specify how involved

they will be. (For example, will the dealer accept the P.O?), and how are we to verify the specific dealer is part of your network?

4) Do you accept the P-card procurement and payment process?

Warranty

5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims procedure, and overall structure.

6) Do all warranties cover all products/equipment parts and labor? 7) Do warranties impose usage limit restrictions? 8) Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs? 9) Please list any other limitations or circumstances that would not be covered under your warranty. 10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform

warranty repairs. How will NJPA Members in these regions be provided service for warranty repair?

Equipment/Product/Services, Pricing, and Delivery

11) Provide a general narrative description of the equipment/products and related services you are offering in your proposal.

12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or published catalog percentage discount).

13) Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published list.

14) Provide an overall proposed statement of method of pricing for individual line items, percentage discount off published product/equipment catalogs and/or category pricing percentage discount with regard to all equipment/products and related services and being proposed. Provide a SKU number for each item being proposed.

15) Propose a strategy, process, and specific method of facilitating “Sourced Equipment/Products and/or related Services” (AKA, “Open Market” items or “Non-Standard Options”).

16) Describe your NJPA customer volume rebate programs, as applicable. 17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included “Pricing” submitted with

your proposal response. Identify to whom these charges are payable to and their relationship to Proposer. 18) If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and

delivery program.

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19) As an important part of the evaluation of your offer, indicate the level of pricing you are offering.

Prices offered in this proposal are: ________a. Pricing is the same as typically offered to an individual municipality, Higher Ed or school

district. ________b. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or

state purchasing departments. _________c. Better than typically offered to GPOs, cooperative procurement organizations or state purchasing departments. ________d. Other; please describe.

20) Do you offer quantity or volume discounts? _____ YES _____ NO Outline guidelines and program.

21) Describe in detail your proposed exchange and return program(s) and policy(s). 22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and

Hawaii and any related off shore delivery of contracted products/ equipment and related services 23) Please describe any self-audit process/program you plan to employ to verify compliance with your anticipated contract

with NJPA. Please be as specific as possible.

Industry Specific Items 24) What is your US market share for the solutions you are proposing in this response? 25) Do you hold any industry-specific quality management system certifications such as ISO 9001? 26) Do you hold any environmental management system certifications such as ISO 14001? 27) What is your Canadian market share (if any) for the solutions you are proposing in this response? 28) Is your warranty program handled directly, or does it require a pass through to another manufacturer? 29) For how many years have the models you are proposing in this response been available in the marketplace? 30) What is your parts order fill rate? 31) Do you provide preventive maintenance programs for the solutions you are proposing in this response?

Signature: ___________________________________________________________Date: _______________________

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10 PRE-SUBMISSION CHECKLIST

Check when 

Completed Contents of Your Bid Proposal

Hard Copy Required 

Signed and Dated

Electronic Copy 

Required ‐ CD or 

Flash Drive 

Form A: Proposer Questionnaire with all 

questions answered completely X ‐ signature page only X

Form B: Proposer Information X

Form C: Exceptions to Proposal, Terms, 

Conditions, and Solutions Request  X X

Form D: Formal Offering of Proposal X X

Form E. Contract Acceptance and Award X

Form F: Proposers Assurance of Compliance  X X

Form P: Proposer Questionnaire with all 

questions answered completely X‐signature page only X

Certificate of Insurance with $1.5 million coverage X X

Copy of all RFP Addendums issued by NJPA X X

Pricing for all Products/Equipment/Services 

within the RFP being proposed X

Entire Proposal submittal including signed 

documents and forms. X

All forms in the Hard Copy Required Signed and 

Dated should be inserted in the front of the 

submitted response, unbound.

Package containing your proposal labeled and 

sealed with the following language:           

"Competitive Proposal Enclosed, Hold for Public 

Opening XX‐XX‐XXXX"

Response Package mailed and delivered prior to 

deadline to:                                                                          

NJPA, 202 12th St NE, Staples, MN 56479

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Section 1. Instructions For Vendor

Pursuant the NJPA RFP, requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3 and 4 of the NJPA Price and Product Change Request Form and signature of an authorized Vendor employee in section 5. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager AND: [email protected].

NJPA’s due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the “Best Interests of NJPA and NJPA Members.” A signed Price and Product Change form will be returned to vendor contact via email.

Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY eff 02-12-2013.”

NOTE: New pricing restatement must include all equipment/products and services offered regardless of whether their prices have changed and include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing.

ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the scope of the RFP. DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc.

PRICE CHANGES: Request prices changes in general terms along with the justification by product category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials.

Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies. Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/products or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. Special details for price changes must be included with the request along with both current and proposed pricing. Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases.

Refer to section 4 of the RFP for complete “Pricing” details.

Section 2. Vendor Name and Type of Change Request

CHECK ALL CHANGES THAT APPLY:

AWARDED VENDOR NAME:

☐ Adding Equipment/ Products /Services

☐ Deleting/Discontinuing Equipment/Products/Services

☐ Price Increase

NJPA CONTRACT NUMBER:

☐ Price Decrease

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Section 3. Detailed Explanation of Need for Changes List equipment/products and/or services that are changing, being added or deleted from previous contract price list along with the percentage change for each item or category. (Attach a separate, detailed document if more than 10 items.)

Provide a general statement and documentation explaining the reasons for these price and/or equipment/product/service changes. SAMPLES: 1-All paper equipment/products and services increased 5% in price due to transportation and fuel costs (see attached documentation of raw materials increase). 2-The 6400 series floor polisher is added to the product list as a new model replacing the 5400 series. The 6400 series 3% increase reflects technological improvements made that improve the rate of efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from previous pricing until remaining inventory is liquidated.

If adding equipment/products/services, provide a general statement how these are in the scope.

If changing prices and/or adding equipment/products/services, provide a general statement that the pricing or equipment/products/services is consistent with existing NJPA contract pricing.

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Section 4. Complete Restatement of Pricing Submitted

A COMPLETE restatement of the pricing including all new and existing equipment/products and services is attached and/or has been emailed to [email protected].

☐ Yes ☐ No

Section 5. Signatures

__________________________________________________________ ________________________ Vendor Authorized Signature Date

____________________________________________ Print Name and Title of Authorized Signer

__________________________________________________________ _________________________ NJPA Executive Director Signature Date

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Appendix A

NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non-Profit, Tribal Government, and all other Public Agencies located nationally in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal: http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington

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Regular Meeting of the NATIONAL JOINT POWERS ALLIANCE®

Board of Directors Tuesday, July 21, 2015

Executive Conference Room 202 12th St. NE, Staples, MN 56479

Chair Wilson called the Regular Board meeting to order at 5:55p.m. with the following members present: Mike Wilson, Mary Freeman, Scott Veronen, John Poston, Barb Neprud, Colleen Seelen, and Sara Nagel. Also present was Mary Klamm, Ex-Officio, and Chad Coauette, Susan Nanik, Paul Drange, Misty Myers, Jeremy Schwartz, Jeremy Schneider, Bev Hoemberg, Mike Domin, and Deb Cervantez, NJPA staff. Ms. Nagel moved, seconded by Ms. Seelen to accept the agenda as amended. Motion carried. Ms. Seelen moved, seconded by Ms. Neprud to accept the minutes of the Regular Board Meeting held on June 16, 2015. Motion carried. Dr. Coauette presented the monthly Financial Reports. Ms. Freeman moved, seconded by Ms. Seelen to approve the check register and Treasurer’s Report of Cash, Revenues, and Expenditures and to pay all vendor disbursements #85275 to #85600. Motion carried. Ms. Freeman moved, seconded by Mr. Poston to approve all Wire Transfers #366 to #390. Motion carried. Ms. Neprud moved, seconded by Mr. Veronen to accept the Consent Agenda as follows:

• Updated Membership Agreements Members added June 1-30, 2015 • Approve Authorization to Solicit ezIQC State of North Carolina • Approve Authorization to Re-Solicit

o Passenger Cars, Light Duty, Medium Duty and Heavy Duty Trucks with Related Accessories

o Professional Consulting Services with Related Supplies and Accessories o Public Safety Related Equipment with Supplies, Accessories and Services o Administrative Software with Related Goods and Services o Airfield Marking Paint o E-Rate Associated Telecommunications, Internet Access and Internal Connectivity

Related Goods and Services o Floor Covering with Related Supplies, Equipment and Services o Express Courier, Overnight, Ground Delivery Logistics Services o Classroom Sound Enhancement with Related Accessories, Supplies and Services o Exercise and Rehabilitation Equipment with Related Accessories, Supplies and Services o Elevators, Escalators, Power Walks with Related Services, Accessories and Supplies

• Approve Bid Evaluation Committee’s Recommendation to Award RFP #052015 for Portable Construction and Maintenance Equipment and Trailers with Related Accessories, Attachments and Supplies to:

o Clark Equipment Company dba Doosan Portable Power o Multiquip, Inc. o Sullair, LLC o Trail King Industries, Inc. 73 of 78

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• Approve Bid Evaluation Committee’s Recommendation to Award RFP #061015 for Fleet-Related Maintenance Equipment, Supplies, Services, and Inventory Management Solutions to:

o Ford Motor Company o Genuine Parts Company/NAPA Integrated Business Solutions (IBS) o Mohawk Resources, Ltd. o Vehicle Service Group, LLC/Rotary Lift o Stertil-Koni USA, Inc.

• Approve Bid Evaluation Committee’s Recommendation to Award RFP #061715 for Earthquake Early Warning Systems and Related Products or Services to:

o No Awards Recommended • Approve Bid Evaluation Committee’s Recommendation to Award RFP #072115 for ezIQC State

of Georgia to: o F.H. Paschen, S.N. Nielsen & Associates, Inc. GA-072115-FHP o LESCO Restorations, Inc. GA-072115-LRI o Kellogg, Brown & Root GA-072115-KBR o Centennial Contractors Enterprises, Inc. GA-072115-CCE o HITT Contracting, Inc. GA01-1-072115-HIT o Prime Contractors, Inc. GA01-1-072115-PCI o Astra Construction Services, LLC GA02-2-072115-ACS o Osprey Management LLC GA03-1-072115-OML o Johnson-Laux Construction, LLC GA03-2-072115-JLC o HCR Construction, Inc. GA03-3-072115-HCR o Engineering Design Technology GA04-1-072115-EDT o Red Cloud Services, LLC GA05-1-072115-RCS o Rubio and Son Interiors, Inc. GA07-1-072115-RSI o Greene & Burdette Property Management, LLC GA07-2-072115-GBP o J.J. Morley Enterprises, Inc. GA10-1-072115-JME o HITT Contracting, Inc. GA11-1-072115-HIT

• Approve Renewal of Agreements with: o Jacobsen, a division of Textron, Inc. 070313-JCS o ESM Solutions Corporation 052512-ESM o Agile Access Control, Inc. 050613-AAC o Pitney Bowes 043012-PIT o Deere & Company 070313-DAC o Kubota Tractor Corporation 070313-KBA o Flex-O-Lite 052412-FOL o AssetWorks, Inc. 050613-AWI o Automotive Rentals, Inc. 080212-ARI

• Approve Renewals of ezIQC Agreements with: o The Matthews Group, Inc. VA-RNK-061813-TMG o The Matthews Group, Inc. VA-060811-TMG o The Matthews Group, Inc. MDBCG-022912-TMG o Centennial Contractors Enterprises, Inc. GA03-062911-CCE o Centennial Contractors Enterprises, Inc. GA07-062911-CCE o F.H. Paschen, S.N. Nielsen & Associates, Inc. GA06-062911-FHP o F.H. Paschen, S.N. Nielsen & Associates, Inc. GA08-062911-FHP o F.H. Paschen, S.N. Nielsen & Associates, Inc. GA11-062911-FHP o J.J. Morley Enterprises, Inc. GA10-062911-JME o Johnson-Laux Construction, LLC GA12-062911-JLC o LESCO Restorations, Inc. GA05-062911-LRI • Sorensen Gross Construction Services, LLC GA02-062911-SGC

Motion carried. 74 of 78

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Mr. Domin gave an in-service on what his position as Membership Relations and Communications entails. Mr. Drange gave an update of Regional Programs. Mr. Schwartz gave an update on how contracts are awarded and maintained. Mr. Schneider gave an update on metrics data. Ms. Nanik gave an update on the facility expansion. Proposed revisions to the Travel Policy were reviewed. Ms. Neprud moved, seconded by Ms. Seelen to approve Dr. Chad Coauette as the Identified Official with Authority for the Minnesota Department of Education External User Access Recertification System. Motion carried. Ms. Neprud moved, seconded by Mr. Poston to approve the Staffing Agreement with Benton-Stearns Education Coop for the PBIS Coordinator. Motion carried. Mr. Poston moved, seconded by Ms. Neprud to approve the Individual Employment Contract with Erin Engness, PBIS Coordinator. Motion carried. Ms. Neprud moved, seconded by Ms. Nagel to approve the revised Administrative Specialist; Membership & Marketing job description and retro pay to July 1, 2015. Motion carried. Mr. Veronen moved, seconded by Mr. Poston to approve internally opening an additional Graphic Design Specialist position. Motion carried. Ms. Seelen moved, seconded by Ms. Nagel to approve hiring Tanya Nelson, Administrative Specialist; Legal effective July 20, 2015, and open Administrative Specialist; Receptionist position. Motion carried. Mr. Poston moved, seconded by Ms. Neprud to approving hiring Tracy Plinske, Contract Management Specialist effective date to be determined, and open Contract Procurement Analyst position. Motion carried. Ms. Neprud moved, seconded by Mr. Poston to approve hiring Mike Carlson, Director of Finance effective August 3, 2015. Motion carried. Mr. Poston moved, seconded by Mr. Veronen to approve the following part-time Education Consultant contracts:

• Gwynne Gildow up to 30 days • Jean Weyer up to 40 days • Lisa Novak up to 10 days (purchase of service from Menahga School District)

Motion carried. Ms. Neprud moved, seconded by Mr. Poston to approve the Independent Consultant Agreement with Marilyn McKeehen. Motion carried.

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Mr. Poston moved, seconded by Ms. Nagel to approve the resignation of Amanda Kennedy, Collaborative Service Worker, effective July 31, 2015 and open position. Motion carried. Ms. Nanik gave the staffing update. Dr. Coauette reported on the metrics planning update, MSC Conference review, and board member follow-up meetings. Ms. Freeman reported on the hiring of Mary Klamm as the new superintendent at Staples Motley School District. Ms. Nagel moved, seconded by Mr. Poston to adjourn the meeting at 8:05 p.m. Motion carried.

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CONTRACT FOR PORTABLE CONSTRUCTION & MAINTENANCE EQUIPMENT &

TRAILERS WITH RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES

ATTACHMENT B

CITY OF SOUTH MIAMI QUOTATION #20665808 QT

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0010 WT5HP A212 1 1.000 10,090.00 6,861.20 6,861.20 WATER TRAILER 525G HP TRLR70

_______________________________________________________________________________________________________________Items total 6,861.20

Freight (Units) 2,250.00 _______________________________________________________________________________________________________________

Total amount 9,111.20

Sourcewell member # 96920Multiquip Sourcewell Contract # 052015-MTQCurrent lead time 2-3 week lead timeFOB Boise, ID - Freight to South Miami, FL, included

Sold-to ( 425937 )City of South Miami6130 SUNSET DRSouth Miami FL 33143-5093

Quotation

Item Material Plant B/O Order Qty Gross Price EA Net Price EA Total Value

Document Information

Quotation # 20665808 QT Date 05/29/2019P.O. # Date Estimated Ship 06/22/2019Requested Ship 05/29/2019Carrier No 406369 MULTIQUIP LTL C/O ECEntered by JWOOTENOrder Reason P22 ORDR-SourcewellCurrency USDDelivery PPS Prepay/Chrg SPL Frt (Units)Payment Terms Net 30Within 30 days without deduction

=============================Availability is subject to stock on hand at the time purchaseorder is received.Quote is valid for 30 days from issue date.

MULTIQUIP INC.18910 WILMINGTON AVENUE ¸ CARSON, CA 90746POST OFFICE BOX 6254 ¸ CARSON, CA 90749(310) 537-3700 ¸ 800/421-1244 ¸ FAX: (310) 537-3927

Page 1 of 1

Ship-to ( 425937 )City of South Miami6130 SUNSET DRSouth Miami FL 33143-5093

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Agenda Item No:8.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Thomas PepeSubmitting Department: City Attorney Item Type: ResolutionAgenda Section:

Subject:A Resolution directing the City Clerk to notify certain property owners of proposed changes to theComprehensive Plan, Future Land Use Map, Land Development Code, and Zoning Map. 3/5 (Mayor Stoddard)

Suggested Action:

Attachments:Resolution direction to Clerk re 166.041(3)(c)CArev.docx

248

Resolution No._____________________1

2A Resolution directing the City Clerk to notify certain property owners of 3proposed changes to the Comprehensive Plan, Future Land Use Map, Land 4Development Code, and Zoning Map.5

6WHEREAS, the City Commission will be conducting a public hearing on a proposed 7

ordinance that creates a new Land Use Category in the Comprehensive Plan, “Mixed-Residential 8Moderate Density”; and9

10WHEREAS, the City Commission will be conducting public hearings on a proposed 11

ordinance that creates a new zoning category, “Townhouse Residential – Moderate (TR-M)” and 12makes other changes to the Land Development Code in support of the new category; and13

14WHEREAS, the City Commission will also be conducting public hearings on proposed 15

ordinances that change the Future Land Use Map and the Official Zoning Map designation of 16certain parcels of land to the new land use and zoning categories; and 17

18WHEREAS, the parcels to be considered for the aforementioned changes include the 19

following: the property known as the Marshall Williamson property (folios 09-4025-000-0850, 2009-4025-000-0852, and 09-4025-065-0090); a portion of the Fellowship Church property (folio 2109-4026-000-0130); and several non-conforming lots along SW 64th Street (folios 09-4025-034-220210, 09-4025-034-0220, 09-4025-034-0230, and 09-4025-034-0240); and 23

24WHEREAS, Florida Statutes, §166.041(3)(c) requires that the City shall, when enacting 25

an ordinances that is initiated by the City and that changes the actual zoning map designation for 26a parcel or parcels of land involving less than 10 contiguous acres, direct the City Clerk to notify 27by mail each real property owner whose land the municipality will redesignate by enactment of 28the ordinance and whose address is known by reference to the latest ad valorem tax records. The 29notice shall state the substance of the proposed ordinance as it affects that property owner and shall 30set a time and place for one or more public hearings on such ordinance. Such notice shall be given 31at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept 32available for public inspection during the regular business hours of the office of the clerk of the 33governing body. The governing body shall hold a public hearing on the proposed ordinance and 34may, upon the conclusion of the hearing, immediately adopt the ordinance; and 35

36WHEREAS, the City Commission desires to initiate the notification period for the 37

proposed ordinances; and3839

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 40COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:41

42Section 1. The City Clerk is hereby directed to comply with the notification requirements 43

of Florida Statute Chapter 166.041(3)(c).4445

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Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 1any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 2not affect the validity of the remaining portions of this resolution.3

4Section 3. Effective Date. This resolution shall become effective immediately upon 5

adoption by vote of the City Commission.67

PASSED AND ADOPTED this _______ day of, __________________, 2019.89

ATTEST: APPROVED:1011

___________________________ _________________________12CITY CLERK MAYOR13

14READ AND APPROVED AS TO FORM, COMMISSION VOTE:15LANGUAGE, LEGALITY AND Mayor Stoddard:16EXECUTION THEREOF Vice Mayor Harris:17

Commissioner Gil:18_______________________ Commissioner Liebman:19CITY ATTORNEY Commissioner Welsh:20

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Agenda Item No:9.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Jane TompkinsSubmitting Department: Planning & Zoning Department Item Type: ResolutionAgenda Section:

Subject:A Resolution amending Resolution No. 125-17-14926 to extend the expiration of the Special Use approval for anincrease in height from two stories to three stories for a Mixed-Use Project on the East Madison Squareproperty as legally described herein. 4/5 (City Manager-Planning Department)

Suggested Action:

Attachments:East Madison Square Special Use Extension Staff Memo 06182019.docx

Madison Sq East 2019 Sp Use Ext Resolution CArev.docx

Extension Request Letter June 5 2019.pdf

251

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, Planning and Zoning Director

Date: June 18, 2019

SUBJECT:A Resolution amending Resolution No. 125-17-14926 to extend the expiration of the Special Use approval for an increase in height from two stories to three stories for a Mixed-Use Project on the East Madison Square property as legally described herein.

BACKGROUND:Resolution No. 125-17-14926 was approved on June 6, 2017, granting a Special Use approval to develop a three (3) story, mixed-use project on the East Madison Square property. Due to the complexities of the project, the Commission extended the approval until June 2018. The approval was extended again in 2018 after the developer selection process led to delays.

Unexpected circumstances further stalled the transfer of the property to the developer, Abreu Development, LLC until May 17, 2019. Abreu Development has been working diligently to obtain the master building permit and a waiver of county impact fees; however, these items are still pending. Consequently, Abreu requests that the Special Use approval be extended to June 6, 2020.

ANALYSIS:The unforeseen delay in transferring the property is good cause for extending the Special Use approval.

RECOMMENDATION:It is recommended that the City Commission approve the requested extension.

Attachments: Resolution Extension Request Letter dated June 5, 2019

252

RESOLUTION NO. ____________________12

A Resolution amending Resolution No. 125-17-14926 to extend the expiration 3of the Special Use approval for an increase in height from two stories to three 4stories for a Mixed-Use Project on the East Madison Square property as 5legally described herein. 6

7WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns 8

several parcels on the south side of SW 64th Street and east of SW 59th Place, as follows: 5944 9SW 64th Street (folio 09-4025-010-0270), 6401 SW 59th Place (folio 09-4025-010-0280), 6411 10SW 59th Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 9-4025-010-0300), 6443 SW 1159th Place (folio 09-4025-010-0320) and a vacant lot with folio number 09-4025-010-0310) 12(collectively referred to as “East Madison Square”); and 13

14WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the City 15

of South Miami submitted Application PB-17-009 to the Planning Board requesting a Special Use 16Approval to develop a three (3) story, mixed-use project on the property; and17

18WHEREAS, the City Commission approved Resolution No. 125-17-14926 on June 6, 19

2017 by a vote of four (4) to one (1) granting the Special Use application pursuant to LDC Section 2020-3.4(D)(1) with two (2) conditions: (1) that the project be limited to three (3) stories; and (2) 21that the site be developed in substantial compliance with the plans prepared by Fanjul & 22Associates, LLC.23

24WHEREAS, Section 20-5.8(C) of the LDC provides that Special Use Approvals “shall 25

lapse after six (6) months if no master building permit which implements the special use or 26certificate of occupancy has been issued for such use”; and27

28WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) months 29

to obtain a master building permit for good cause; and3031

WHEREAS, given the complexity of the project, Resolution No. 125-17-14926 extended 32the approval for an additional six (6) months; and 33

34WHEREAS, due to delays in selecting a developer, the Commission found further good 35

cause for extending the approval and granted an additional twelve (12) months to obtain the master36building permit in Resolution 102-18-15135; and37

38WHEREAS, further unexpected circumstances delayed the transfer of the property to the 39

developer, Abreu Development, LLC until May 17, 2019; and 4041

WHEREAS, Abreu Development, LLC has been working diligently to obtain the 42necessary building permits and a waiver of the Miami Dade County impact fees; and43

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WHEREAS, Section 20-5.8(D) provides that the City Commission may grant an extension 1for a previously approved special use if a proper and timely request is made by the applicant prior 2to the expiration of the approval period; and3

4WHEREAS, the City Commission finds that a proper and timely request was made by the 5

applicant prior to the expiration of the approval period and the Commission desires to amend the 6Special Use Approval to extend the approval to June 6, 2020.7

8NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 9

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:1011

Section 1. The applicant has shown good cause for extending the time to obtain a master 12building permit and therefore Section 2 of Resolution No. 0125-17-14926, as amended by 102-18-1315135, granting a Special Use Approval for the property known as East Madison Square is hereby 14amended to read as follows:15

16Section 2: The City Commission, finding that good cause exists for extending the 17

time of the Special Use approval, hereby extends the time of the Special Use approval to 18June 6, 201920. Therefore, the Special Use shall lapse on June 6, 201920 if no master 19building permit which implements the Special Use has been issued for such use.20

21Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 22

any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 23not affect the validity of the remaining portions of this resolution.24

25Section 3. Effective Date. This resolution shall become effective immediately upon 26

adoption by vote of the City Commission.2728

PASSED AND ADOPTED this _______________ day of ___________________, 2019.2930

ATTEST: APPROVED:31323334

____________________ ____________________35CITY CLERK MAYOR36

37READ AND APPROVED AS TO FORM, COMMISSION VOTE:38LANGUAGE, LEGALITY AND Mayor Stoddard:39EXECUTION THEREOF Vice-Mayor Harris:40

Commissioner Gil:41____________________ Commissioner Liebman:42CITY ATTORNEY Commissioner Welsh:43

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Agenda Item No:10.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Jane TompkinsSubmitting Department: Planning & Zoning Department Item Type: ResolutionAgenda Section:

Subject:A Resolution amending Resolution No. 126-17-14927 to extend the expiration of the Variance approval for areduction in the number of parking spaces provided for a Mixed-Use Project on the East Madison Squareproperty as legally described herein. 4/5 (City Manager-Planning Department)

Suggested Action:

Attachments:East Madison Square Variance Extension Staff Memo 06182019.docx

Madison Sq East VarianceExt Resolution_06182019CArev.docx

Extension Request Letter June 5 2019.pdf

273

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, Planning and Zoning Director

Date: June 18, 2019

SUBJECT:A Resolution amending Resolution No. 126-17-14927 to extend the expiration of the Variance approval for a reduction in the number of parking spaces provided for a Mixed-Use Project on the East Madison Square property as legally described herein.

BACKGROUND:Resolution No. 125-17-14927 granted a Variance for a credit of twenty-three (23) parking spaces for a mixed-use project on the East Madison Square property. The approval was extended in 2018 after the developer selection process led to delays.

Unexpected circumstances further stalled the transfer of the property to the developer, Abreu Development, LLC until May 17, 2019. Abreu Development has been working diligently to obtain the master building permit and a waiver of county impact fees; however, these items are still pending. Consequently, Abreu requests that the Variance approval be extended to June 6, 2020 to allow adequate time to secure the permit.

ANALYSIS:The unforeseen delay in transferring the property is good cause for extending the Variance approval.

RECOMMENDATION:It is recommended that the City Commission approve the requested extension.

Attachments: Resolution Extension Request Letter dated June 5, 2019

274

RESOLUTION NO. ____________________12

A Resolution amending Resolution No. 126-17-14927 to extend the expiration 3of the Variance approval for a reduction in the number of parking spaces 4provided for a Mixed-Use Project on the East Madison Square property as 5legally described herein. 6

7WHEREAS, the South Miami Community Redevelopment Agency ("SMCRA") owns 8

several parcels on the south side of SW 64th Street and east of SW 59th Place, as follows: 5944 SW 964th Street (folio 09-4025-010-0270), 6401 SW 59 Place (folio 09-4025-010-0280), 6411 SW 59 10Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 09-4025-010-0300), a vacant lot with 11a folio number of 09-4025-010-0310, and 6443 SW 59 Place (folio 09-4025-010-0320) 12(collectively referred to as "East Madison Square"); and13

14WHEREAS, pursuant to Section 20-4.4 of the Land Development Code (LDC), the City 15

of South Miami submitted Application PB-17-010 to the Planning Board requesting approval of a 16Variance to grant a parking space credit of twenty-three (23) parking spaces for the mixed-use 17project on the property; and18

19WHEREAS, the City Commission approved Resolution No. 126-17-14927 on June 6, 20

2017 by a vote of four (4) to one (1), granting the Variance application pursuant to LDC Section 2120-4.4 with the condition that the approval of the requested variance be based on the conceptual 22design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project; and23

24WHEREAS, Section 20-5.9(A) of the LDC provides that Variance Approvals shall lapse 25

after one (1) year if no building permit has been applied for in accordance with the request for such 26variance and if the City Commission has not specified a longer approval period for good cause 27shown; and28

29WHEREAS, Section 20-5.9(B) of the LDC allows for an extension of a previously 30

approved Variance, provided a proper and timely request is made by the applicant prior to the 31expiration of the one-year period; and32

33WHEREAS, due to delays in selecting a developer, the Commission found good cause for 34

extending the approval and granted an additional twelve (12) months to obtain a building permit 35in Resolution No. 103-18-15136; and 36

37WHEREAS, further unexpected circumstances delayed the transfer of the property to the 38

developer, Abreu Development, LLC until May 17, 2019; and 3940

WHEREAS, Abreu Development, LLC has been working diligently to obtain the 41necessary building permits and a waiver of Miami Dade County impact fees; and 42

43WHEREAS, the City Commission desires to amend the Variance approval for the 44

reduction of parking spaces.4546

275

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 1COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:2

3Section 1. The applicant has made a timely request for an extension of time and it has 4

shown good cause for extending the time to obtain a building permit. Therefore, Section 3 of 5Resolution No. 126-17-14927, granting a Variance Approval for the property known as East 6Madison Square, as amended by 103-18-15136, is hereby amended to read as follows:7

8Section 3: The approval of the requested variance is based on the conceptual design 9

plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project which 10is an Exhibit to the Application and which is incorporated herein by reference. The 11approval of this Variance shall expire on June 6, 201920. 12

13Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 14

any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 15not affect the validity of the remaining portions of this resolution.16

17Section 3. Effective Date. This resolution shall become effective immediately upon 18

adoption by vote of the City Commission.1920

PASSED AND ADOPTED this _______________ day of ____________________, 212019.22

23ATTEST: APPROVED:24

252627

____________________ ____________________28CITY CLERK MAYOR29

30READ AND APPROVED AS TO FORM, COMMISSION VOTE:31LANGUAGE, LEGALITY AND Mayor Stoddard:32EXECUTION THEREOF Vice-Mayor Harris:33

Commissioner Gil:34____________________ Commissioner Liebman:35CITY ATTORNEY Commissioner Welsh:36

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Agenda Item No:11.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Jane TompkinsSubmitting Department: Planning & Zoning Department Item Type: ResolutionAgenda Section:

Subject:A Resolution amending Resolution No. 203-17-15004 to extend the expiration of the Special Use approval for anincrease in height from two stories to three stories for a Mixed-Use Project on the West Madison Squareproperty as legally described herein. 4/5 (City Manager-Planning Department)

Suggested Action:

Attachments:West Madison Square Special Use Extension Staff Memo 06182019.docx

Madison Square West Special Use Extension Resolution 061819.docx

Extension Request Letter June 5 2019.pdf

295

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, Planning and Zoning Director

Date: June 18, 2019

SUBJECT:A Resolution amending Resolution No. 203-17-15004 to extend the expiration of the Special Use approval for an increase in height from two stories to three stories for a Mixed-Use Project on the West Madison Square property as legally described herein.

BACKGROUND:Resolution No. 203-17-15004 was approved on October 17, 2017, granting a Special Use approval to develop a three (3) story, mixed-use project on the West Madison Square property. Due to the complexities of the project, the Commission extended the approval an additional six (6) months. The approval was extended again in 2018 after the developer selection process led to delays.

Unexpected circumstances further stalled the transfer of the property to the developer, Abreu Development, LLC until May 17, 2019. Abreu Development has been working diligently to obtain the master building permit and a waiver of county impact fees; however, these items are still pending. Consequently, Abreu requests that the Special Use approval be extended to June 6, 2020.

ANALYSIS:The unforeseen delay in transferring the property is good cause for extending the Special Use approval.

RECOMMENDATION:It is recommended that the City Commission approve the requested extension.

Attachments: Resolution Extension Request Letter dated June 5, 2019

296

RESOLUTION NO. ____________________12

A Resolution amending Resolution No. 203-17-15004 to extend the expiration 3of the Special Use approval for an increase in height from two stories to three 4stories for a Mixed-Use Project on the West Madison Square property as 5legally described herein. 6

WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns 7several parcels on the south side of SW 64th Street and west of SW 59th Place, as follows: 5978 8SW 64th Street (folio 09-4025-010-0010), 6415 SW 60th Avenue (folio 09-4025-010-0030), 6429 9SW 60th Avenue (folio 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010-0180), 6420 10SW 59th Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-114025-010-0050, 09-4025-010-0020, 09-4025-010-0140, and 09-4025-010-0170 (collectively 12referred to as “West Madison Square”); and13

14WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the City 15

of South Miami submitted Application PB-17-008 to the Planning Board requesting a Special Use 16Approval to develop a three (3) story, mixed-use project on the property; and17

18WHEREAS, the City Commission approved Resolution No. 203-17-15004 on October 17, 19

2017 by a vote of five (5) to zero (0) granting the Special Use application pursuant to LDC Section 2020-3.5(D)(1) with two (2) conditions: (1) that the project be limited to three (3) stories; and (2) 21that the site be developed in substantial compliance with the plans prepared by Fanjul & 22Associates, LLC.23

24WHEREAS, Section 20-5.8(C) of the LDC provides that Special Use Approvals “shall 25

lapse after six (6) months if no master building permit which implements the special use or 26certificate of occupancy has been issued for such use”; and27

28WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) months 29

to obtain a master building permit for good cause; and3031

WHEREAS, given the complexity of the project, Resolution No. 203-17-15004 extended 32the approval for an additional six (6) months; and33

34WHEREAS, due to delays in selecting a developer, the City Commission found further35

good cause for extending the approval and granted an additional twelve (12) months to obtain the 36master building permit in Resolution 104-18-15137; and37

38WHEREAS, further unexpected circumstances delayed the transfer of the property to the 39

developer, Abreu Development, LLC until May 17, 2019; and 4041

WHEREAS, Abreu Development, LLC has been working diligently to obtain the 42necessary building permits and a waiver of the Miami Dade County impact fees; and 43

44

297

WHEREAS, Section 20-5.8(D) provides that the City Commission may grant an extension 1for a previously approved special use if a proper and timely request is made by the applicant prior 2to the expiration of the approval period; and3

4WHEREAS, the City Commission finds that a proper and timely request was made by the 5

applicant prior to the expiration of the approval period and the Commission desires to amend the 6Special Use Approval to extend the approval to June 6, 2020. 7

8NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 9

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:1011

Section 1. The applicant has shown good cause for extending the time to obtain a master 12building permit and therefore Section 2 of Resolution No. 203-17-15004, granting a Special Use 13Approval for the property known as West Madison Square is hereby amended to read as follows:14

15Section 2: The City Commission, finding that good cause exists for extending the 16

time of the Special Use approval, hereby extends the time of the Special Use approval to 17June 6, 201920. Therefore, the Special Use shall lapse on June 6, 201920 if no master 18building permit which implements the special use has been issued for such use. 19

20Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 21

any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 22not affect the validity of the remaining portions of this resolution.23

24Section 3. Effective Date. This resolution shall become effective immediately upon 25

adoption by vote of the City Commission.2627

PASSED AND ADOPTED this _______________ day of ____________________, 282019.29

30ATTEST: APPROVED:31

323334

____________________ ____________________35CITY CLERK MAYOR36

37READ AND APPROVED AS TO FORM, COMMISSION VOTE:38LANGUAGE, LEGALITY AND Mayor Stoddard:39EXECUTION THEREOF Vice-Mayor Harris:40

Commissioner Gil:41____________________ Commissioner Liebman:42CITY ATTORNEY Commissioner Welsh:43

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Agenda Item No:12.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Jane TompkinsSubmitting Department: Planning & Zoning Department Item Type: ResolutionAgenda Section:

Subject:A Resolution amending Resolution No. 123-17-14924 to extend the expiration of the Variance approval for areduction in the number of parking spaces provided for a Mixed-Use Project on the West Madison Squareproperty as legally described herein. 4/5 (City Manager-Planning Department)

Suggested Action:

Attachments:West Madison Square Variance Extension Staff Memo.docx

Madison Square West Variance Extension Resolution.docx

Extension Request Letter June 5 2019.pdf

317

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, Planning and Zoning Director

Date: June 18, 2019

SUBJECT:A Resolution amending Resolution No. 123-17-14924 to extend the expiration of the Variance approval for a reduction in the number of parking spaces provided for a Mixed-Use Project on the West Madison Square property as legally described herein.

BACKGROUND:Resolution No. 123-17-14924 granted a Variance for a credit of seventeen (17) parking spaces for a mixed-use project on the West Madison Square property. The approval was extended in 2018 after the developer selection process led to delays.

Unexpected circumstances further stalled the transfer of the property to the developer, Abreu Development, LLC until May 17, 2019. Abreu Development has been working diligently to obtain the master building permit and a waiver of county impact fees; however, these items are still pending. Consequently, Abreu requests that the Variance approval be extended to June 6, 2020 to allow adequate time to secure the permit.

ANALYSIS:The unforeseen delay in transferring the property is good cause for extending the Variance approval.

RECOMMENDATION:It is recommended that the City Commission approve the requested extension.

Attachments: Resolution Extension Request Letter dated June 5, 2019

318

RESOLUTION NO. ____________________12

A Resolution amending Resolution No. 123-17-14924 to extend the expiration 3of the Variance approval for a reduction in the number of parking spaces 4provided for a Mixed-Use Project on the West Madison Square property as 5legally described herein. 6

7WHEREAS, the City of South Miami initiated an application (number PB-17-011) requesting a 8

variance from Section 20-4.4 of the Land Development Code (LDC) in conjunction with a Mixed-Use 9Project located at 5978 SW 64th Street (folio 09-4025-010-0010), 6415 SW 60th Avenue (folio 09-4025-10010-0030), 6429 SW 60th Avenue (folio 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010-110180), 6420 SW 59th Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 1209-4025-010-0050, 09-4025-010-0020, 09-4025-010-0140, and 09-4025-010-0170 (collectively referred 13to as “West Madison Square”); and14

15WHEREAS, pursuant to Section 20-4.4 of the Land Development Code (LDC), the City 16

of South Miami submitted Application PB-17-011 to the Planning Board requesting approval of 17a Variance to grant a parking space credit of seventeen (17) parking spaces for the mixed-use 18project on the property; and19

20WHEREAS, the City Commission approved Resolution No. 123-17-14924 on June 6, 21

2017 by a vote of four (4) to one (1), granting the Variance application pursuant to LDC Section 2220-4.4 with the condition that the approval of the requested variance be based on the conceptual 23design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project; and24

25WHEREAS, Section 20-5.9(A) of the LDC provides that Variance Approvals shall lapse 26

after one (1) year if no building permit has been applied for in accordance with the request for 27such variance and if the City Commission has not specified a longer approval period for good 28cause shown; and29

30WHEREAS, Section 20-5.9(B) of the LDC allows for an extension of a previously 31

approved Variance, provided a proper and timely request is made by the applicant prior to the 32expiration of the one-year period; and33

34WHEREAS, due to delays in selecting a developer, the Commission found good cause 35

for extending the approval and granted an additional twelve (12) months to obtain a building 36permit in Resolution No. 101-18-1514; and 37

38WHEREAS, further unexpected circumstances delayed the transfer of the property to the 39

developer, Abreu Development, LLC until May 17, 2019; and 4041

WHEREAS, Abreu Development, LLC has been working diligently to obtain the 42necessary building permits and a waiver of Miami Dade County impact fees; and 43

44WHEREAS, the City Commission desires to amend the Variance approval for the 45

reduction of parking spaces. 4647

319

1NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:34

Section 1. The applicant has made a timely request for an extension of time and it has 5shown good cause for extending the time to obtain a building permit. Therefore, Section 3 of 6Resolution No. 123-17-14924, granting a Variance Approval for the property known as West 7Madison Square, as amended by Resolution No. 101-18-15134, is hereby amended to read as 8follows: 9

Section 3: The approval of the requested variance is based on the conceptual 10design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use 11project which is an Exhibit to the Application and which is incorporated herein by 12reference. The approval of this Variance shall expire on June 6, 201920.13

14Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 15

for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 16shall not affect the validity of the remaining portions of this resolution.17

18Section 3. Effective Date. This resolution shall become effective immediately upon 19

adoption by vote of the City Commission.2021

PASSED AND ADOPTED this _______________ day of ____________________, 222019.23

24ATTEST: APPROVED:25

262728

____________________ ____________________29CITY CLERK MAYOR30

31READ AND APPROVED AS TO FORM, COMMISSION VOTE:32LANGUAGE, LEGALITY AND Mayor Stoddard:33EXECUTION THEREOF Vice-Mayor Harris:34

Commissioner Gil:35____________________ Commissioner Liebman:36CITY ATTORNEY Commissioner Welsh:37

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Agenda Item No:13.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Alfredo RiverolSubmitting Department: Finance Department Item Type: OrdinanceAgenda Section:

Subject:An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreementsbetween the City of South Miami and the American Federation of State, County and Municipal Employees,AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc., and the DadeCounty Police Benevolent Association, Inc. by creating Section 16-28 - Deferred Retirement Option Plan(“DROP”) and amending Section 16-12 to define DROP members. 3/5 (City Manager-Finance Dept.)

Suggested Action:

Attachments:ARMemo Ordinances - Pension Revision (June 2019) DROP - FINAL.pdf

South_Miami_Ordinance_Creating_DROP_PROPOSED CArev.docx

Res. No 184-18-15217 - Agreement with the FOP (Officers Sergeants).pdf

Actuarial Impact Statement DROP - Updated.pdf

MDBR Ad.pdf

Miami Herald Ad.pdf

339

Page 1 of 2

CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM

To: The Honorable Mayor & Members of the City Commission

From: Steven Alexander, City Manager

Date: June 4, 2019

Request: An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc. by creating Section 16-28 - Deferred Retirement Option Plan (“DROP”) and amending Section 16-12 to define DROP members.

BACKGROUND

On September 20, 2018 the Mayor and Commission adopted Resolution 184-18-15217 which approved the Florida State Lodge Fraternal Order of Police, Inc. three-year Collective Bargaining Agreement (CBA) for Police Officers and Sergeants beginning September 18, 2018 through September 17, 2021, authorizing the City Manager to execute the agreement. The proposed Ordinance incorporates the changes necessary to conform to the approved CBA, specifically Article 37, Retirement Benefits (14) which reads in part,

Upon ratification, the City of South Miami will begin the process for a 5-year Deferred Retirement Option Program referred to as the DROP. The City agrees to implement the DROP program within one (1) year after ratification of this agreement.

Furthermore, the City is providing the Deferred Retirement Option Plan (“DROP”) to all City employees which wish to participate to ensure equal treatment between classes and to save costs on projection and impact studies.

PROPOSED ORDINANCE

The proposed Ordinance revisions are structured to continue to meet the City’s objectives of:

− Retaining our City employees, the City’s greatest assets. – Retention is the key to corporate stability and resident satisfaction.

− Keeping & managing employee turnover - Employee turnover can be costly. Various sources estimate it can cost anywhere from 30% to 200% of an employee’s annual salary to replace them.

The City of South Miami is proposing a 5-year Deferred Retirement Option Program (DROP). Officers and Sergeants and all other City Employees who are eligible to retire with full benefits without penalty, will be allowed to enter the DROP.

340

Page 2 of 2

The Deferred Retirement Option Program (DROP) provides an employee with an alternative method for payment of an employees retirement benefits for a specified and limited period if the employee is an eligible Pension Plan member. Under this program, an employee stops earning service credit toward a future benefit and their retirement benefit is calculated at the time their DROP participation begins. While an employee is in the DROP, their monthly retirement benefits accumulate in the Fund, earning interest while they continue to work for the City. Upon termination, the DROP account is paid to an employee as a lump sum payment, a rollover or a combination partial lump sum payment and rollover. Monthly benefits are paid to the employee in the amount as calculated upon entry into DROP.

Furthermore, the member's DROP account shall be credited with interest in an amount equal to fifty (50) percent of the net yearly interest earned by the retirement system for the preceding fiscal year, up to a maximum of five (5) percent. In this case “net” means gross return minus investment expense. If the net yearly interest earned by the retirement system is zero (0) percent or less, the member's DROP account will not be credited with interest, nor will it be debited with any investment losses.

The Ordinance Implementing the Deferred Retirement Option Program (DROP) is a no cost Ordinance under State funding requirements and provides a retirement benefit option for all City employees and will be provided to the employees at no cost to the employee or to the City.

RECOMMENATION

Approve the attached ordinance that enacts changes necessary to bring the City in compliance with Resolution 184-18-15217 which approved the Collective Bargaining Agreement (CBA) beginning September 18,2018 through September 17, 2021 between the Florida State Lodge Fraternal Order of Police, Inc. and the City of South Miami, and to extend these same benefits to all eligible and applicable employees.

ATTACHMENTS

− Proposed Ordinances

− Resolution 184-18-15217 Approving the Florida State Lodge Fraternal Order of Police, Inc. CBA

− GRS Projection Study

341

ORDINANCE NO. ______________1An Ordinance amending the South Miami Pension Plan to implement the Collective 2Bargaining Agreements between the City of South Miami and the American Federation 3of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the 4Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police 5Benevolent Association, Inc. by creating Section 16-28 - Deferred Retirement Option 6Plan (“DROP”) and amending Section 16-12 to define DROP members.7

89

WHEREAS, the City of South Miami and the American Federation of State, County and 10Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order 11of Police, Inc., and the Dade County Police Benevolent Association, Inc. (hereinafter “Unions”), have 12entered into Collective Bargaining Agreements (“Agreements”); and13

14WHEREAS, one of the purposes and intentions of the Agreements are to provide for a Deferred 15

Retirement Option Plan; and1617

WHEREAS, Florida law requires that if any provision of a collective bargaining agreement is 18in conflict with any ordinance over which the chief executive officer has no amendatory power, the chief 19executive officer shall submit to the appropriate governmental body having amendatory power a 20proposed amendment to such ordinance; and21

22WHEREAS, the City Commission has received and reviewed an actuarial impact statement 23

related to such amendments; and2425

WHEREAS, the City Commission wishes to change the terms of the South Miami Pension Plan26to effectuate the changes called for in the Agreements; and27

28WHEREAS, the City Commission deems it to be in the public interest to provide these changes 29

to the South Miami Pension Plan.3031

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND CITY 32COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:33

34Section 1: Chapter 16, Article II, Section 16-12, “Definitions”, of the City of South Miami 35

Code of Ordinances is hereby amended to read as follows:36***37

DROP Member shall mean any person who is a member of the Deferred Retirement Option Plan.38***39

Section 2: Chapter 16, Article II of the City of South Miami Code of Ordinances is hereby 40amended to add Section 16-28 - “Deferred Retirement Option Plan” that shall read as follows:41

42Sec. 16-28 - Deferred Retirement Option Plan (“DROP”).43(1) Created. There is hereby created a Deferred Retirement Option Plan ("DROP"). 44(2) Eligibility.45

(a) Any general employee, AMSC member and police officer (which includes 46sergeants, lieutenants and captains), who are active members of the South Miami Pension Plan and not47 342

members of the City of South Miami Defined Contribution Plan, is eligible to enter the DROP on or 1after the first day of the month following the employee reaching their normal retirement date as defined 2in accordance with the South Miami Pension Plan.3

(3) Participation time. The maximum participation in the DROP by DROP Member shall be 4sixty (60) months.5

(4) No additional creditable services. Upon entering the DROP, the DROP Member shall not 6receive any additional Creditable service for pension purposes. Additionally, the amount of final average 7salary for calculation of pension benefits shall be determined as of the date of entering the DROP. No 8payment shall be made for accrued unused leave upon entering the DROP, nor shall the amount of 9accrued unpaid leave be used in the calculation of the amount of pension benefits. 10

(5) Election of optional forms of payment. Upon entering the DROP, the DROP Member11may elect an optional form of payment. Once the election is made, it may not be changed. The DROP 12member may elect a beneficiary who may be the same as or different than the beneficiary elected to 13receive the annuity portion of the pension. 14

(6) Contributions. Upon the effective date of the DROP Member’s commencement of 15participation in the DROP, the DROP Member’s contribution shall be discontinued. 16

(7) Irrevocable resignations. The Board of Trustees for the South Miami Pension Plan shall 17promulgate the appropriate administrative forms for administering the DROP, which forms must include, 18at a minimum, an irrevocable resignation from employment from the City of South Miami, which is 19effective no more than five (5) years from the date of entry into the DROP. The resignation is irrevocable. 20A DROP Member may actually separate from service prior to the expiration of the five-year period, but 21may not continue in the employment of the City of South Miami in a position which requires membership 22in the South Miami Pension Plan after the five-year period. A DROP Member may participate in the 23DROP only once. 24

(8) Limitation or disqualification for other benefits. Upon commencement of participation in 25the DROP, the DROP Member shall not be eligible for disability or pre-retirement death benefits. 26

(9) Credits to DROP account. The monthly retirement benefits that would have been payable 27had the DROP Member elected to cease employment and not join the DROP, shall be credited to the 28DROP member’s DROP account. The money in all DROP Members’ accounts will be commingled with 29all other assets of the South Miami Pension Plan, but separate accountings shall be made. 30

(10) Crediting interest in the DROP account. A DROP Member’s account shall be credited 31monthly with interest and compounded annually, in an amount equal to fifty (50) percent of the net (gross 32return minus investment expense) yearly interest earned by the South Miami Pension Plan for the 33preceding fiscal year, up to a maximum of five (5) percent. If the net yearly interest earned by the South 34Miami Pension Plan is zero (0) percent or less, the DROP Member’s account will not be credited with 35interest for that year, nor will it be debited with any investment losses for that year. 36

(11) Distribution.37a. All distributions must comply with the Internal Revenue Code and regulations 38

promulgated thereunder.39b. Upon termination of a DROP Member’s employment with the City of South Miami from 40

a position that is covered by the South Miami Pension Plan, the retirement benefits payable to the DROP 41Member or the DROP Member’s beneficiary (if the DROP Member selected an optional form of 42retirement benefit, which provides for payment to the beneficiary) shall be paid to the DROP Member43or, if the DROP Member is deceased, to the DROP Member’s designated beneficiary, or, if no surviving 44designated beneficiary, to the DROP Member’s estate and shall no longer be credited to the DROP 45Member’s account. 46

343

c. Upon separation of a DROP Member’s employment with the City of South Miami from 1a position that is covered by the South Miami Pension Plan, the balance credited to the DROP Member’s2DROP account may be distributed in a lump sum, periodic payments, an annuity or a combination thereof3to the DROP Member. Alternatively, a DROP Member may also elect to rollover the DROP account to 4an eligible retirement plan, including an individual retirement account, pursuant to Section 401(a)(31) 5of the Internal Revenue Code, or any other distributions permissible to the Internal Revenue Code and 6regulations promulgated thereunder. Distribution must commence not later than provided in Section 7401(a)(9) of the Internal Revenue Code. 8

(12) DROP balance distribution in the event of death of a DROP Member. If a DROP Member 9dies before his or her DROP account balance is distributed in full, the lump-sum distribution shall be 10made as soon as is administratively feasible, but no later than December 31 of the calendar year in which 11the first anniversary of the DROP Member's date of death occurs, to the DROP Member’s surviving 12designated beneficiary, or if there is no surviving designated beneficiary, the former DROP Member’s13estate. 14

(13) Administrative rules and regulations. The Board of Trustees shall have authority to 15promulgate administrative rules and regulations for the carrying out of the DROP. 16

(14) Loss to DROP account balance. A DROP member shall have their principal balance 17decreased if an accrued loss results over the total DROP period as a result of administrative expenses18incurred.19

20Section 3. Codification. The provisions of this ordinance shall become and be made part of 21

the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance 22may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be 23changed to "section" or other appropriate word.24

Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 25reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 26the validity of the remaining portions of this ordinance.27

28Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all section and 29

parts of sections of ordinances in direct conflict herewith are hereby repealed.3031

Section 6. Effective Date. This ordinance shall become effective upon enactment.32

PASSED AND ENACTED this ____ day of _____________, 2019.3334

ATTEST: APPROVED:353637

____________________ _______________________38CITY CLERK MAYOR391st Reading 402nd Reading 41

42READ AND APPROVED AS TO FORM: COMMISSION VOTE:43LANGUAGE, LEGALITY AND Mayor Stoddard:44EXECUTION THEREOF Vice Mayor Harris: 45 344

Commissioner Welsh:1_____________________________ Commissioner Gil:2CITY ATTORNEY Commissioner Liebman:3

345

RESOLUTION NO. _1_8_4_-_1_8_-_1_5_2_1_7 __

A Resolution ratifying the three-year Collective Bargaining Agreement for police officers and sergeants between the Florida State Lodge Fraternal_Order of Police, Inc. and the City of South Miami and authorizing its execution by the City Manager.

---WHEREAS;--the--Mayor and City-Commission of the City of South Miami-seek to provid~ ________________ _ ~~~~~~~~~~~~~~'====~~~'==~~~~=~~==:d:~~~=~~~~~"=====~~

the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors ofthe City of South Miami; and

WHEREAS, a Collective Bargaining Agreement with the Florida State Lodge Fraternal Order of Police Inc. (FOP), the union representing the police officers and sergeants of the South Miami Police Department, is an integral component ofthis effort; and

WHEREAS, the City Administration and the FOP have successfully concluded negotiations for a new three-year contract that achieves these objectives; and

WHEREAS, the police officers and sergeants have ratified the attached agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:

Section 1: The three-year Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. and the City of South Miami is hereby ratified and the City Manager is authorized to execute the Agreement. A copy of the Agreement is attached hereto and made a part hereof by reference.

Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution.

Section 3. Effective Date. This resolution shall become effective immediately upon

adoption.

PASSED AND ADOPTED this 20th day of September, 2018.

READ AND APPROVED AS TO FORM LANGUAGEy l1(EdJTION AND LEGALITY:

Approved:

~'!tCJI~ MAYO

Commission Vote: Mayor Stoddard: Vice Mayor Harris:

5-0 Yea

Yea Commissioner Gil: Yea

Commissioner Liebman: Yea Commissioner Welsh: Yea

346

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

PREAMBLE

- __ .. ____ .. 0_"_. ________ . ____ ..•...•..•. ___ .• _ .•. _ ..... _ _ ._

-- ---- ---- -- -- -- - 'fhi~Agreement~is~enteTe-d=into~bv~the"-eit'Y=org-outh~Mid-mi;=PIOl'itld~h~ereimffter-referretn{}as~~'~-~- -

the "Employer" or the "City" and the Florida State Lodge, Fraternal Order of Police Inc., hereinafter referred to as the "FOP" or "Union", for the purpose of promoting harmonious , relations between the Employer and the FOP, to establish an orderly and prompt procedure forthe resolution of grievances, to insure continuation of normal activities and Departmental operations, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment.

Definitions:

"11:59 p.m./I means 23:59:59.99 hours in a 24 hour clock.

"12:00 a.m." means 00:00:00.99 hours in a 24 hour clock.

1/12:00 p.m." means 12:01:59.99 hours in a 24 hour clock

UBi-weekly" mean eV,ery two weeks.

"Department" means the South Miami Police Department.

"Officers" or "Police Officers" whether plural or singular, as used in this Agreement means the rank of Police Officer, and Police Sergeant, including probationary employees, but excluding the Chief of Police, Assistant Chief, Majors, Police Captain, Police Lieutenants, any bargaining unit member during his assignment to "Internal Affairs" and all other employees of the City of South Miami.

"Parties" mean the City and the FOP.

"Workweek" means a 7 day period ("week") commencing at 00:00:00 hours (or 12:00 a.m.) on Monday and ending at 23:59:59.99 hours (1/11:59: p.m.") midnight on Sunday of each week.

ARTICLE 1. RECOGNITION

The Employer hereby recognizes the FOP, as the collective bargaining agent for all permanent full-time and probationary sworn police personnel in the classifications of police officer and police sergeant. However, the FOP is not the collective bargaining agent for sergeants while assigned to internal affairs.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

There shall be no discrimination, interference, restraint, or coercion by the Employer or the FOP against any employee because of FOP membership or non-membership, or because of race, creed, color, age, sex, religion, marital status, sexual orientation, disability and national origin. All references to employees in this Agreement shall apply to both sexes and wherever the male gender is used, it shall be construed to include male and female employees and vice versa.

ARTICLE 3. DUES CHECK-OFF

1 Any member of the FOP, who has submitted a properly executed dues authorization card or written statement to the City Manager, or the Manager's designee, in accordance with a format prescribed or approved by the City, may, by request in writing, have their membership dues in the FOP deducted from their wages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the FOP. However, the City shall have no responsibility or any liability for any monies once sent to the FOP, nor shall the City have any responsibility or any liability for the improper deduction of dues. Furthermore, the FOP shall hold the City harmless for non-intentional errors in the administration of the dues deduction system. The City shall send all dues to:

Fraternal Order of Police- Florida State Lodge 242 Office Plaza Tallahassee, FI. 32301

2 It shall be the responsibility ofthe FOP to notify the City Manager, orthe Managers designee, of any change in the amount of dues to be deducted at least thirty (30) working days in advance of said change. Under no circumstances shall the City be required to deduct FOP fines, penalties, or assessments from the wages of any member.

3. Any member of the FOP may, on thirty (30) calendar day's written notice to the City and the FOP, request that the City cease deducting dues from his wages.

ARTICLE 4. FOP BOARD OF DIRECTORS REPRESENTATIVES

1. The FOP shall notify the Chief of Police of the names of all members of the FOP Board of

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Directors, the commencement date and length of their term of office, any changes made to the membership of the FOP Board of Directors and any change to a director's term of office, within 3 working days of the election or appointment to the FOP Board of Directors or any

. _ _ .. _ . __ . ----otber~Gl:lange::in~tne:info~lilatiQri~ieq uf~ed~ta~lle:"gi\ler:1~t0~fR~Gh re.f~@f~PoifGe~tw@=member-s/-- -­

of the FOP, while on duty, shall be allowed to attend collective bargaining sessions between the City and the FOP, as FOP representatives. FOP representatives who attend a collective bargaining session shall be paid for such attendance unless they are off duty during a bargaining session and in such case they shall not be entitled to any compensation for their attendance at said bargaining session. All bargaining sessions shall be set by mutual agreement between the parties. The FOP shall notify the City prior to negotiation of the names of the members attending as FOP representatives, provided however this attendance must be approved by the Chief of Police or the Chief's designee.

2. FOP Directors, while on duty, shall be allowed to attend the City of South Miami FOP Lodge #179 Board of Directors meeting once per quarter without loss of payor leave time for the duration of the meeting, unless the staffing needs of the Department prevent such attendance. All attendance of a Director while on duty shall require the prior approval ofthe Chief of Police or the Chief's designee. The FOP shall provide dates and times on a quarterly basis and at least 30 working days prior to the board meeting to help facilitate staff scheduling. Board Directors will not be allowed to attend meetings outside City limits while on-duty. If a Director is on duty, his attendance shall not exceed 2 hours total.

ARTICLE 5. SERVICES TO THE FOP

1. The City will furnish the FOP with a copy of the Police Department's Rules and Regulations at or before the execution of this Agreement and within 48 hou rs of their modification.

2. The City will provide a mailbox for each employee for use by the City and the FOP to distribute mail and other communication. The aforesaid mailboxes shall only be used by the FOP for the purpose of transmitting material relative to issues concerning this Agreement. The mailboxes shall not be used to disseminate anything relating to any kind of political issue or for the purpose of communicating material that tends to disparage any elected or appointed official, and/or any employee ofthe City, whether directly or indirectly.

3. Upon written request from the FOP to the City Manager, the City will provide, on a semi­annual basis, a complete roster of the bargaining unit, including name, rank, and current pay scale of each member of the bargaining unit.

4. All bargaining unit employees, including representatives and members of the FOP shall not engage in Union business while on-duty, or while on any City property, or while operating or being in any City vehicle or any other City property unless otherwise specifically permitted by this Agreement, including paragraph two of this article.

3

-=~

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7,2018

5. Any action taken by the City Manager or Manager's designee concerning the solicitatian of City employees far membership in a collective bargaining unit induding, signing up af

, ... "~~.-- ····-m-emjjer::s;.GQlleGtion~0f~rnitiatlon~fee.s)-due.s~01"-a.sse~ssment~s, meetings, distrliJj~tion~of~'"C-"

bargaining unit or affiliated bargaining unit literature ar any other business activity of the bargaining unit an City time and during the working haurs af City emplayees, ar an any City property, ar in City veh ides ar any other City praperty shall nat be a grieveable offense.

ARTICLE 6. PERSONNEL RECORDS

1. Emplayees cave red by this Agreement shall have the right to' inspect their afficial persannel file and/or their clased Internal Affairs file upan written request thraugh their chain af cammand both af which shall accur during narmal business haurs under the supervisian af the respective recards custodian or the custodian's designee. Emplayees shall nat be campensated should said inspection accur autside emplayee's regular duty hqurs. The employee shall have the right to' have duplicate copies of any items in their official files created for them, upan payment af the usual charge thereof.

2. Emplayees covered by this Agreement shall receive capies of any item that is placed in the employee's official personnel file. Emplayees cavered by this Agreement shaH also. have the right to' add written responses to' any such item that is placed in the employee's afficial personnel file. All written respanses to' such items shall be sent to' the Chief of Police via chain of cammand nat mare than ten (10) working days following the day af receipt of such items by the employee. Written responses shall strictly parallel the item(s) af can cern. Any refusal to' sign any dacument shall be docu mented an all copies by the issuing afficer (Le. "Emplayee Refused to Sign"); hawever, no retaliatary ar disciplinary action shall be taken against any employee who refuses to' sign such a document.

3. To the .extent permitted by law, all persannel recards af the employees shall be kept confidential and shall not be released to' any person except; autharized afficials of the City, or in respanse to' a subpaena from a court af competent jurisdiction, ar upan written autharization from the emplayee. In this regard, the FOP recognizes the City'S obligation to cam ply with Chapter 119, Florida Statutes.

4. At no. time shall the news media be directly furnished with the hame address ar hame telephane number af any emplayee or his relatives without the express written consent af the employee.

5. The City shall purge, upon written request fram the employee covered by this Agreement, all records af counseling/coaching and oral warnings from the employees' personnel files after one (1) full year of service during which the employee does not receive further counseling ar

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

oral warnings of a similar nature. The City may also purge such records as authorized by Florida State Statute, Title X, Chapter 119 and Title XVIII, Chapter 257.36. Such documents shall be kept in a separate file until they are purged.

~====~===================~==-o_-~~ __

ARTICLE 7. INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC

1. The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Furthermore, the parties recognize that the performance of such duties requires the involvement of those employees in all manner of contacts and relationships with the public and out of such contacts and relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest and trust.

2. In order to maintain the security of the City and protect the interests and trust of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted utilizing FS 112.532.

3. An employee, who is criminally charged in any jurisdiction with a felony or a serious misdemeanor including but not limited to, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review ofthe circumstances by the Chief of Police, be relieved of duty without pay and benefits. If exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty without pay. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums, during the relief from duty ~ri~. .

4. Should disciplinary action result from an internal investigation, an employee may, at the option ofthe Chief of Police, be allowed to use vacation leave to satisfy a suspension which is for five (5) days or less.

ARTICLE 8. SHIFTS

1. Seniority shall consist of continuous accumulated paid service in a police classification. Seniority shall be computed from the date of appointment to the police classification and shall accumulate during paid absences because of illness, injury, vacation, military or other

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined as set forth in paragraph 4. c. below.

2. Non-probationary patrol officers and sergeants shall bid (semi-annually) for their choice of shift assignments and days off. Days off shall not be bid until shift assignments are set, including the Chiefs mandatory assignments, if any. The determining factor in said bid process shall be each employee's seniority as defined in paragraph 4. c. below. In order to meet Department operational needs, the Chief may, at his discretion, make no more than two specific assignments to each shift (during the semi-annual bid process) The Chief's aSSignment of six officers in total is without regard to seniority and appealable only to the City Manager.

3. A seniority list by shift and work assignment shall be established and shall be utilized when the Department calls in, or holds over, personnel, except in emergency or unusual situations.

4. The parties understand and agree that Seniority for the purposes of this Agreement, unless otherwise stated shall be determined within each rank for employees covered by this Agreement. Additionally, notwithstanding the above, the following shall be adhered to for purposes of determining seniority as follows:

a. Seniority within Sergeant's Rank shall be determined by date of promotion to that rank. In case of ties, the same procedure outlined in paragraph c. shall be utilized.

b. Seniority within a Specialized Unit shall be determined by length of assignment within that specific specialized unit (CID, Motors, K-9) and solely within that specialized unit, and such specialized unit seniority has preference and precedence over departmental seniority. In case of ties, the same procedure outlined in paragraph 4.c. shall be utilized.

c. Departmental Seniority shall consist of continuous accumulated service within the City of South Miami Police Department. Departmental Seniority shall be computed from the date oftaking the Police Officer's Oath with the City of South Miami. Where two or more officers take the oath on same date, the drawing of lots shall determine which officer is senior to the other.

5. Vacancies in specialized units shall be filled by permanent employees in all cases unless no permanent employee can demonstrate the experience or the best potential to properly function in such assignment. Should no permanent employee demonstrate said capacity, probationary employees may be considered. Assignment determinations shall be made by the, chief of police based on the recommendations of a selection panel appointed by the chief and such assignment determinations are not grievable.

6. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee to be laid off who has advanced to his present

6

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

classification from a lower classification in which he held a permanent appointment, shall, to the extent approved by the Chief of Police and upon the employee's written request, be given a position in a lower classification in the same Department. Such employee's seniority in the

__ .. . ... l<iwer,:-Classifi~ati6ri~t:iall~lie~e.staol i5t:1ed~aGG0rd rn·g=t0~tl1e:d at~af~ttu~~em~rQye~~pe~manent~ ..... . appointment to that classification. Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off. No new employee shall be hired in any classification until all applicable employees on lay-off status in that classification for which they are qualified, have had an opportunity to return to work. Written notice of recall shall be sent by certified mail to the employee's last known address, as long as the employee is still qualified to be an Officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) calendar days of receipt of recall notice, and must return to work within twenty-one (21) calendar days from receipt of recall notice. An employee will be kept on the callback list for two (2) years.

7. Upon application to the Chief of Police, or the Chief's designee, and his approval, employees may exchange shifts,provided that:

a. The shift exchange is between employees of like rank and experience.

b. The shift exchange is requested in writing at least ten (10) working days in advance by both employees involved in the exchange.

8. When a vacancy occurs on a patrol shift, the entire shift shall re-bid days off no later than two weeks after the vacancy has been filled. This provision shall apply only to the shift on which the vacancy occurs and not to any other shifts. This re-bidding provision also does not apply should the Chief of Police approve an exchange of shifts as provided for in paragraph 6 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift/days off picked.

9. The Department shall not modify, alter, adjust or otherwise change an employee's shift in order to avoid the payment of overtime for the purpose of staffing the following pre-planned City special events:

• Santa's Elves Parade

• Fourth of July

• Martin Luther King Parade

• Safe Streets Halloween

.10. The chief retains the right to transfer employees from shift to shift to meet arising operational needs. After a transfer between shifts, days off will be re-bid if the new assignee is junior to others on that shift. The rebidding ofthe shift will onl', shall only be applicable during the first

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

thirty days of each semiannual shift change. Shift transfers are appealable via the chain of command to the chief of police. Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified. Bargaining I:Init employees may e*ercise an ap~~~ean(fnleeit't' ffianager'iiitRiR 3 83'/5, rR,~·~'i;itiRg,igeRtififFlgtherreoncerns-;SuGh=t~an5fers are not grievable to the city manager.

ARTICLE 9. VEHICLES AND SAFETY EQUIPMENT

1 The City will make a good-faith and energetic effort to maintain Police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable Florida State Statutes governing motor vehicle safety equipment. Employees will, as soon as possible, report any broken and/or malfunctioning equipment to their Supervisor, but no later than the end of their shift. Employees shall keep the vehicles cleaned and fully fueled at the start of their shift. It is the responsibility of Officers with assigned take-home vehicles to promptly deliver their vehicle to the Motor Pool or dealership as appropriate, when repairs are necessary or for scheduled preventative maintenance.

2 The City shall, insofar as possible, equip its marked patrol vehicles with the appropriate lights, siren, first-aid kit, emergency road flares, yellow crime scene tape and fire extinguishers.

3. The City shall furnish riot gear (torso, shoulder, leg and knee, forearm, and gloves) and helmets, riot shields (if applicable) and gas masks individually to all uniformed Officers and Sergeants as necessary. The City shall furnish one flashlight and firearm (of the design approved by the Chief of Police) along with the appropriate amount of ammunition for the authorized and issued firearm to each sworn Law Enforcement Officer covered under this Agreement.

4. Employees agree to be bound by and abide by the Take Home/Assigned Vehicle Policy, as may be revised by the Chief of Police from time to time. The City shall provide the FOP with two (2) weeks advance notice of any modifications to the aforesaid Take-Home Vehicle Policy which become effective after the ratification of this Agreement.

5. Upon ratification of this Agreement, sworn Law Enforcement Officers covered under this Agreement shall be responsible for the timely changing of motor oil and vehicle filters which shall be done at the City of South Miami Motor Pool Publi,c Works Department. Failure to do so on a timely basis will be a violation of this Agreement and the subject of potential disciplinary action. Employees having a take home vehicle shall pay the City twenty five dollars for each scheduled oil change. Employees will not be compensated for any time incurred with a scheduled oil changes and/or maintenance conducted while the employee is off-duty.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

6. The bargaining unit member must submit a copy of the receipt detailing the vehicle license plate number, the make and model ofthe police vehicle, the name ofthe driver, and the date

of the motor oil change, and the name, address of the establishment performing the work. ---= ·&a€fl~bargaTnT,,-g~u n i~-mem be r~mtist~f-etajn~a~eo-p;tof~th e~recejpt~for~a~pefiod~()f~th~re~oyeCl rs 'a nd- ...

must make it available upon request by the Chief of Police or the Chief's designee.

ARTICLE 10. PROMOTIONS

1. Employees shall be eligible to take a promotional examination after three continuous years

of service as a Police Officer in the South Miami Police Department.

2. Promotional examinations shall be in accordance with validation standards and techniques

as established by the Chief of Police. Criteria to be used by the Chief of Police for promotions shall be promulgated and distributed to the bargaining unit at least forty-five

(45) Calendar days prior to any examination.

3. The City will list the areas which the examinations will cover and the sources from which the.

examination is drawn. At the conclusion of the examination, the names of all those employees who passed the examination shall be put onto a promotiC!nal eligibility list.

4. Whenever a budgeted promotional vacancy exists in a Police Sergeant classification, the City shall fill such vacancy within thirty (30) working days from an existing eligibility list, to the extent practicable, if a valid eligibility list is in existence. A promotional eligibility list will expire two (2) years from the date of the examination, which led to its creation.

5. The probationary period of employees promoted to Sergeant shall be one (1) year. An employee promoted to Sergeant and then demoted within the probationary period shall have no right of review or appeal, concerning such demotion.

6. The Chief of Police will have authority to promote any of the three (3) top ranked candidates

on the eligibility list.

ARTICLE 11. TRAINING

1 The City will provide midnight shift law enforcement officers covered by this Agreement, administrative leave for the last four(4) hours of their regular duty for weapons training if the training is approved by the Chief of Police and the training is within four (4) hours of the end of their tour of duty for that work week.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

2 The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place and/or disseminate via email, City training bulletins as well as approved training advertisements.

3. The City agrees to pay for certain courses. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requ irements. The City may provide additional training at its discretion.

4. The City shall have the right to change or alter work when scheduling training. To the extent practicable, the City shall give forty-eight (48) hour-notice to employees of such off- duty training.

5. The City shall provide weapons training for all employees at least once annually. This training is in addition to the training provided under paragraph 3. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department in accordance with Article 30. The Department will make every reasonable effort to facilitate the attendance at the firearm range during an employee's normal working hours. In the event the Department is unable to schedule the employee to attend the firing range during his normal working hours, the employee may be required to attend the firing range during his off-duty hours. The City agrees to provide ammunition for firearms training.

ARTICLE 12. GRIEVANCE AND ARBITRATION PROCEDURE

~ In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of this Article, a grievance is defined as, any dispute, difference or controversy involving the interpretation and application of this Agreement.

2 Calendar Days is defined as any day of the week including Saturday and Sunday and holidays.

3. Working Days is defined as any business day Monday through Friday and excludes Saturday and Sundays and holidays.

4. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of the applicable Article, the grievance shall be considered conclusively abandoned. Any grievance not timely responded to by management within the prescribed time limits shall automatically advance to the next higher step.

5. Grievances shall be presented in the following manner:

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

STEP 1: The grieving employee shall first take up the grievance with the employee's

immediate supervisor within seven (7) calendar days of the occurrence of the event(s) == -wfiiGh~ga-ve~ase~f0~the=g~ie\ianGe~:0r~lf~tfie~-empr0ye~is~on~auth0rolz€id~leave~dufing-othat---···

time, then within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be, and the seventh day shall hereinafter be referred to as the "Step 1 Deadline Date". This first step (between the employee and the

immediate supervisor) shall be on an informal and verbal basis and shall not involve the

FOP or any other representative of the employee. The immediate supervisor shall complete a grievance transmittal form ("first grievance transmittal form") within five (5)

days of the meeting and it shall note nature of the grievance and the date and time of the discussion. If the grievance is not general in nature and does not fall under the duties and responsibilities of the immediate supervisor, then the immediate supervisor shall, within

seven (7) working days of receiving the verbal grievance, forward the completed grievance transmittal form to the appropriate supervisor. Such supervisor shall: (a) meet with the employee and give a verbal response to the employee within 7 working days of

receipt of the first grievance transmittal form; and (b) shall complete a second grievance transmittal form within five (5) days of the meeting noting the nature of the grievance and the date and time of the meeting.

STEP 2: Any grievance which cannot be satisfactorily settled in Step 1 shall be put in Writing and delivered to the supervisor immediately above the appropriate supervisor in Step 1 within seven (7) working days of the meeting with the appropriate supervisor in Step 1. The Step 2 supervisor shall, within ten (10) working days after receipt of the written grievance (or such longer period of time as is mutually agreed upon), render a written decision on the grievance.

STEP 3: Any grievance which cannot be satisfactorily settled with the appropriate supervisor in Step 2 shall next be taken up with the Chief of Police, or the Chiefs designee, either by the employee himself, or through a representative of the FOP, at the employee's option. The grievance as specified in writing in Step 2 shall be discussed by and between the employee (or the representative of the FOP and the employee) and the Chief of Police or the Chief's designee, within seven (7) working days after the completion of Step 2. The Chief of Police, or the Chief's designee, shall within ten (IO) working days after the discussion (or such longer period of time as is mutually agreed upon), render a decision in writing and deliver a copy to the FOP and the grievant;

STEP 4: In the event the employee is not satisfied with the disposition ofthe grievance in

Step 3, he shall have the right to appeal the decision of the Chief of Police, or the Chief's designee, to the City Manager, or the Manager's designee, within seven (7) working days of the date of issuance of the decision of the Chief of Police or the Chief's designee. Such appeal must be made by delivering a copy of the original written grievance, to the City Manager with a copy to the Chief of Police, together with a letter, signed by the employee, or the representative of the FOP, requesting that the decision of the Chief of Police, or

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

the Chiefs designee, be reversed or modified ("Notice of Appeal"). The City Manager, or the Manager's designee, shall meet with the employee and/or the FOP representative within seven (7) working days of receipt of the Notice of Appeal. The City Manager, or the

===' -M~fiiag'ef~s~desig'n~ae;~snall;::witniri=fiffeen:(~l:S,)~woi:king::aay-s~i5nffe~ii~Geipt~Qnhe~NotiGeof,.

Appeal (or such longer period of time as is mutually agreed upon) render a decision in writing and deliver a copy to the FOP and the grievant.

6. Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee ("Class Grievance"), or if the grievance is directly between the FOP and the Department or the City ("FOP Grievance"), such grievance shall be presented in writing directly to the Chief of Police within ten (10) working days of the occurrence of the event(s) that gave rise to the grievance. The Class Grievance shall be signed by the aggrieved employees and the Representative of the FOP. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 3 and Step 4.

7. If the grievance involves discharge, suspension or demotion of the employee, such grievance shall be filed at Step 4 within ten (10) calendar days from the date that the employee receives the {(Final Discipline Notice". The Final Discipline Notice is the disciplinary report or memorandum signed by the Chief of Police or the Chief's designee, containing his recommendation for disciplinary action against the employee.

8. Coaching and counseling shall be filed at the appropriate initiation level and shall only be grieveable up to Step 3 of the Grievance Procedure. Written reprimands shall be filed at the appropriate.initiation level and shall only be greivable to Step 4 of the Grievance Procedure. Therefore, such action shall not be the subject of arbitration. Satisfactory evaluations are not grieveable and, therefore, they shall not be the subject of arbitration; however, the employee may forward his or her comments regarding such evaluation through the chain of command prior to the Reviewer's finalization of the evaluation. In addition, matters relating to the assignment, hiring, promotion, or demotion of probationary employees, as well as any decision by the City Manager on any matter not involving loss of pay shall be final and binding and not be the subject of any arbitration.

9. In the event that a grievance that has advanced to Step 4 has not been resolved, the grievant may demand arbitration of the grievance, if it is arbitral. The demand for arbitration shall be delivered to the City Manager within fifteen (15) working days after the City Manager, or the Manager's designee, renders a written decision on the grievance. All other matters not deemed grievable or arbitral or other matters that have been deemed by this Agreement to not be the subject of arbitration, including those relating to the assignment, hiring, promotion, or demotion of probationary employees, as well as any decision by the City Manager on any matter of discipline_not involving loss of pay shall be final and binding and not be the subject of any arbitration The parties shall attempt to mutually select an impartial arbitrator within seven (7) calendar days after a demand for arbitration has been made pursuant to this Article. The arbitrator shall be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

impartial arbitrator within fifteen (15) days of the demand for arbitration, the grievant must file his grievance with the Federal Mediation and Conciliation Service (FMCS) within twenty (20) days of the delivery of the demand for arbitration and shall request a panel of five (5)

.- - __ -- -=nanfes~th~p;~:iitie-s~J:laII~make:theTr~Gfi0iGe":;Gf~tlle~impartfal~ar,bitl'ater~by:';'aiternately~n]nk ordering the panel of arbitrators (Le. 1-7 with 1 being the most acceptable and 7 being the least acceptable) within seven (7) calendar days after receipt of the panel from FMCS. The parties may, by written mutual agreement, extend the time frame for rank ordering the panel of arbitrators. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) calendar days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Either party may reject up to two (2) arbitration panels in any given case.

10. The City and employee, or the FOP with the written consent of the aggrieved employee shall mutually agree in writing as to the statement of the grievance to be arpitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. The arbitrator shall not have the power or authority to interpret the unambiguous provisions of this Agreement.

11 Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost.

ARTICLE 13. HOLIDAYS

1. The following paid holidays shall be granted under the following conditions:

i. January 1 New Year's Day

ii. 3rd Monday of January Martin Luther King's Birthday

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

iii. 3rd Monday of February President's Day

iv. 4th Monday of May Memorial Day

v. July 4 Independence Day

vi. 1st Monday of September Labor Day

vii. Columbus Day

viii. November 9 Veteran's Day

ix. Last Thursday in November Thanksgiving Day

x. Friday after Thanksgiving

xi. December 24 Christmas Eve

xii. December 25 Christmas Day

2. When a holiday falls on the regularly assigned day off for an employee, such employee shall receive, at the employee's option, an additional day's pay at their straight-time rate of pay, or compensatory time at their straight-time rate of pay.

3. Birthday and two floating holidays will be credited to the employee after 1 year of continuous service and shall only be taken as leave time.

4. Upon ratification of this Agreement, holidays will be observed on the actual day it falls on.

ARTICLE 14. SICK LEAVE

1. Sick leave shall be granted to employees for absence for the following conditions:

(a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service-connected injury or accident.

(b) Medical, dental or optical treatments and examinations.

(c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of his position and arising from a service-

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

connected injury or aCcident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory.

(d) Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member ..

2. Employees shall be credited with one (1) day of sick leave at the end of each month active duty during the year.

3. Sick leave may be taken only to the extent that it is accumulated. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager.

4. Employees hired before October 1, 1995 will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout

5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by section 4 of this Article.

6. All current employees as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no- cap" maximum on sick leave accrual. Employees who have not personally utilized more than thirty-two (32) hours of sick leave within a consecutive twelve (12) month period and now have a sick leave balance greater than 30 days (240 hours) shall be eligible to convert up to 5 days (40 hours) of sick leave to annual leave, provided that the employee retains sick leave minimum balance of 200 hours. The catastrophic illness bank will be abolished and accrued hours will return to employees who have accrued this leave.

7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such unearned leave, unless employment is terminated by the death of an employee, or the employee is unable to return to duty because of his disability, the evidence of which shall be supported by an acceptable medical certificate.

8. In all cases of absence on sick leave in excess ofthree (3) working days and in cases of absence on sick leave for any period less than three (3) working days when the Personnel Manager or Chief of Police, or the Chief's designee, ('IDepartment Head") shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee, certifying as to the incapacity of the employee during such period to perform the usual duties of the employee's position. Such directives of the Personnel Manager or Department Head shall be valid and in force for a period not to exceed twelve weeks. The Personnel Manager or the Department Head may

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

issue additional directives not to exceed twelve weeks in duration, in their discretion with the approval of the City Manager. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3)

=-- - -w6r;kaaysror';'fer~any~absenGe~wllenese"(jireeted"by~the~E>epartment~Head~or~Personnei~Office; -shall result in the absence being charged to the employee's vacation leave.

9. The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege.

10. In the event an employee is killed in the line of duty, or by natural causes, his heirs shall receive one-hundred percent (100%) of his accumulated sick leave time.

11. It is further understood and agreed that all issues pertaining to sick leave usage shall be governed by City of South Miami Sick Leave Policy

ARTICLE 15. BEREAVEMENT LEAVE

1. Employees covered by this Agreement after providing adequate notice concerning the death of an immediate family member shall be entitled to bereavement leave with pay up to a maximum of four (4) workdays in the event of such death.

2. Two additional days of leave may be granted if travel in excess of 250 miles one way is necessary.

3. The phrase "immediate family" shall be defined as the employee's spouse, grandparents, parents, stepparents, children, stepchildren, grandchildren, brothers, stepbrothers, sisters, stepsisters, father-in-law, mother-in-law, brother-in-law, sister-in-law, and domestic partner.

4. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager, or the Manager's designee, before compensation is approved.

5. Bereavement leave shall not be charged to sick leave or annual leave.

6. Should an employee require more bereavement leave in excess of the allotted time, he may request additional time not to exceed ten (10) days. Such requests must be submitted at least five (5) days prior to the start of the requested leave and be pre-approved by the Chief of Police, or the Chief's designee. Moreover, the employee requesting such additional leave must have at least ten (10) days in either his vacation or compensatory leave banks, from which the requested time will be deducted.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

ARTICLE 16. LEAVE OF ABSENCE

1 Leave without pay and without benefits may be granted by the City Manager for a period not to exceed six (6) calendar months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non-job-related disabilitY,or bereavement. Leave without pay may be granted by the City Manager to an employee for a period not to exceed one (1)

calendar month for any other purpose.

2 Leave without pay granted to any employee shall not to be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee.

3. Any employee granted leave without pay for six (6) months or more, shall not be entitled to return to his original position if it is not available but shall be entitled to be placed in another job position for which he qualifies and only if a job position is available. It is clearly understood that if the job position last held has been filled or eliminated, the Department will make every effort to place the employee in another job position for which said employee qualifies. If placed in another job position, said employee shall be entitled only to the wage scale for such new position. If no job position is available, the Department will give priority to said employee as soon as a new job position for which the employee qualifies, is available.

ARTICLE 17. VACATION LEAVE

1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service Amount of Vacation

a) 1 to 5 years inclusive. 8 hours per month

b) 6 to 14 years inclusive. 10 hours per month

c) 15 to 19 years inclusive. 12 hours per month

d) 20 years and over. 14 hours per month

(i) Vacation shall require approval of the Chief of Police or the Chief's designee, and at no time shall an employee be allowed more vacation leave than has been accumulated.

(ii) Earned vacation leave is principally intended for use during the year in which it is earned. Under exceptional circumstances and upon written request

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

within the year in which the vacation leave is earned, such time may be used up to 30 calendar days past the employee's anniversary date with the written approval of the City Manager.

(iii) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police, upon written application by the employee in advance, and at the convenience of the City.

(iv) Any earned and credited vacation leave to the credit of an employee in good standing when he terminates his employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received.

ARTICLE 18. EXTRA-DUTY POLICE EMPLOYMENT

Employees agree to be bound by and abide by the Extra-Duty Police Employment policy as developed by the Chief of Police. The City shall provide the FOP with two (2) weeks advance notice of any modifications to the aforesaid Extra-Duty Police Employment policy which becomes effective after the ratification of this Agreement.

ARTICLE 19. INSURANCE BENEFITS

The City agrees to pay for HMO health insurance for all employees covered by this Agreement. Employees wanting the optional pas or PPO health insurance will pay the difference between the HMO plan and the optional plan chosen. The City will attempt to continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100% of dependent coverage for health and dental insurance.

ARTICLE 20. HOURS OF WORK AND OVERTIME

1 Forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour workweek unless the employee actually works forty (40) hours. Actual hours worked shall not include hours when work is not done such as during time off for sick leave, birthday, holiday, floating holiday, or vacation leave, whether or not any of this time is pre-approved.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Compensatory leave will be considered as time actually worked. Employees whose hours of actual work exceed forty (40) hours in a workweek shall be compensated at the rate of time and one-half of the employee's regular straight-time rate for all time worked in excess of 40

--,~~houi:s_in,;a~wbr:kweek.~AII-available~overtime~shall-be-offered~to=bargaining~unit-empI0yees,in

order of seniority unless the existence of emergency or exigent circumstance do not allow a reasonable amount of time to contact employees on a seniority basis or unless the work involves 'crime prevention details' burglary details, traffic, 'Wolf-pack' details, etc.

2 If an employee covered by this Agreement is called to work at a time outside his scheduled working hours after he has actually worked a forty (40) hour workweek, he shall receive a minimum of four (4) hours' pay at the rate of time and one-half his regular-straight time for such work occurring outside his scheduled working hours. However, if the employee is called to work during a holiday, the employee shall be paid in accordance with Article 13 and not this Article.

3. Employees who are required to attend an off-duty deposition or court appearance after having actually worked a forty (40) hour workweek and when the appearance is as a subpoenaed witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases involving or arising out of the discharge of the employee's duties in the course of his employment with the City, he will receive a minimum offour (4) hours pay at the rate of time and one half of their regular straight-time rate. Employees shall be allowed to retain witness and travel fees received for court and deposition appearances.

4. Employees, who participate in authorized special events for the City, shall be entitled to be paid at the rate of time and one-half of the employee's regular straight time rate regardless of actual hours worked during that pay period.

5. If the officer is required to hold over for any reason within one hour of the normal tour of duty after having actually worked a forty (40) hour workweek, it will be considered an extension of the shift} entitling the officer to overtime pay.

6. Insofar as possible, employees covered by this Agreement shall be given forty-eight (48) hours' notice of any changes in their regular hours of work. Further, insofar as possible, the Department will avoid scheduling an employee to work on continuous shifts. Should an employee be scheduled to work continuous shifts, their days off may be adjusted within the same pay period by the Department. Employees shall be given two (2) weeks' notice of normal shift change.

7. No supervisor or official shall take action to cause the non-payment of overtime in circumstances wherein an employee covered by this Agreement has performed work, which entitles him to payment of overtime as provided herein, provided that nothing herein shall restrict the City or the Department from altering work schedules or taking any other action

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

to reduce the number of overtime, court time, or call-out hours worked by the employee covered by this Agreement.

K:"'~~Ih~tD.epar;troerRreserves-the~tightt6jnstitute~any,pr:ocedur:e~or:systemjt-deems_appropriate

to measure, record and/or verify attendance at and duration off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance under Paragraph 3 above.

9. Employees, who participate in authorized special events for the City, shall be entitled to be paid at the rate of time and one-half of the employee's regular straight time rates regardless of actual hours worked during that pay period.

1Q Compensatory time shall be administered in accordance with the following guidelines:

(a) Compensatory leave may be accrued to a maximum oftwo hundred forty (240) hours. Certain current employees, who have an accrual in excess of the current cap, will be "grandfathered" to allow them to retain their accrued balance. However, such employees shall not be eligible for accrual of any additional compensatory leave until their balance falls below the 240 hour cap and at that time their accrual cap becomes 240 hours.

(b) Compensatory leave may be taken in unlimited blocks of time, provided operational needs have been met, as determined and approved by the Chief of Police.

(c) Compensatory leave shall be requested in writing at least one (1) week prior to the effective date of requested leave or the one (1) week time frame is agreed to and waived by the Chief of Police or the Chief's designee. Approval or disapproval shall be made within 3 business days after the request is submitted. Under exceptional circumstances and as approved by the Chief of Police, the time limits for request of compensatory leave may be waived.

(d) Once approved, compensatory leave will not be canceled by the Department unless warranted by an emergency situation, as determined by the Chief of Police, exists.

11 The Chief of Police will conduct a straw poll of all Sergeants and Officers to proceed in adopting a 10 and/or 12 hour shift. If the majority of Sergeants and Officers who participated in the poll agree to adopt a 10 and/or 12 hour shift, the Chief of Police or designee will prepare and present a Memorandum of Understanding (MOU) within 30 days of said polling affirming such approval. The Chief of Police reserves the right to adopt 8, 10 and 12 hour shifts for different Divisio'ns and/or assignments.

ARTICLE 21. MANAGEMENT RIGHTS

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

1 The FOP and its members recognize that the City has the exclusive right to manage and direct all of its operations and when these rights are exercised they shall not be the subject of any

-- --~:grievanGe.=AGGordinglyj-t-he-City--speGfficaIIYTbut---not--by-way~of-limitation;--reserves the exclusive right without redress by the employees or the FOP to:

a. Decide the scope of service to be performed and the method of service;

b. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment;

c. Fire, demote, suspend or otherwise discipline employees for proper cause includ ing a violation ofthe criteria and standards for employment

d. Promote and determine the qualifications of employees;

e. Layoff and/or relieve employees from duty due to lack of work;

f. Transfer employees from location to location and from time to time;

g. Rehire employees;

h. Determine the starting and quitting time and the numbers of hours and shifts to be worked subject to Article 20;

i. Determine the allocation and content of job classifications;

j. Formulate and/or amend job descriptions;

k. Merge, consolidate, expand, curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such action adVisable;

I. Contract and/or subcontract any existing or future work;

m. Expand, reduce, alter, combine, assign, or cease any job;

n. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement;

o. Control the use of equipment and property of the City; Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof;

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

p. Schedule and assign the work to the employees and to determine the size and composition of the work force;

.-~-----~.~~-q .. -~Determine-'-the"':'ser-viGes-to--be---provided--t0-~the~publiG--and~the--maintenancej· procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment;

r. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations;

s. Formulate, amend, revise and implement policy, programs, rules and regulations;

t. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above, including the right to make unilateral changes,

2. The above rights of the City are not meant to be all-inclusive, but are meant as illustrations, which indicate the type of matters, or rights, which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering their collective bargaining Agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement.

3. If the City fails to exercise anyone or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions.

ARTICLE 22. WORK STOPPAGES

1. The FOP agrees that, under no circumstances, shall there be any work stoppage, strike, improper political activity, sympathy strike, safety strike, jurisdictional dispute, walkout, sit­down, stay-in, sick-out or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketing in the furtherance of any of the above-prohibited activities, nor shall any bargaining unit personnel refuse to cross any picket line at any location, whether the picketing is being done by the FOP or any other employee organization or union.

2. The FOP agrees that the City shall retain the right to discharge or otherwise discipline one, some, or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above, the exercise of such rights by the City will not be subject to recourse under the grievance/arbitration process.

3. It is recognized by the parties that the improper activities enumerated in paragraphs I and 2

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AGREEMENT BETWEEN FOP AND CSM RA TI FI ED BY FOP SEPTEMBER 7, 2018

above, are contrary to the ideals of professionalism and to the City's community responsibility. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any

-~----GO u r-t~of-i;:o m petent-j u risd iGtion.----- ---------------------- ---~- -~-- ----- -------------------- --

4. For the purpose of this Article, it is agreed that the FOP shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. In addition to all other rights and remedies available to the City under State law, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate this collective bargaining Agreement, withdraw recognition from the FOP, and cease dues deductions.

ARTICLE 23. AWARDS

The City and Employees agree to be bound by and abide by the Awards policy as developed by the Chief of Police.

ARTICLE 24. MILITARY LEAVE

Any employee covered by this Agreement shall provide a minimum of two weeks advance notice of their official orders requiring their attendance for training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard and shall be entitled to military leave pursuant to Chapter 115.07, Florida Statutes.

ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE

An employee authorized to use their private automobile by the Chief of Police or the Chief's designee in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee's residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case-related conferences and depositions.

ARTICLE 26. BULLETIN BOARDS

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

The City shall permit the FOP to post notices of an informational' nature and names and addresses of officers, directors, and representatives of the Employee Organization on a bulletin board in roll call room of the Police Station, or other location as may be necessary as

______ deter:mjned~by~the-Chief..cif-P-oliCe.-A,copy-of-eachnotice-to-be--posted-shall-be-approved by the Chief of Police or the Chief's designee prior to posting. Under no circumstances shall the FOP tender for posting, any notice or material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An Officer of the FOP shall sign each notice to be posted.

ARTICLE 27. SEVERABILITY CLAUSE

Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted State or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties may meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement.

ARTICLE 28. COMPENSATION

1. Bargaining unit employees who serve as Field Training Officers (HO) pursuant to the criteria below will receive a base hourly rate supplement of seven percent (7%) during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) possess an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs flO duties. The seven

, percent (7%) FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. The assignment pay shall be tied to the base salary for overtime and pension calculation.

2. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive seven percent (7%) of his/her base hourly rate as a supplement for each full day worked in the higher rank. The assignment pay shall be tied to the base salary for overtime and pension calculation.

3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee.

4. Employees covered by this contract will continue to receive $50 hazardous duty pay bi­weekly. This hazardous duty pay will not be used for pension calculation.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

5. Police officers assigned to uniform patrol who are covered under this Agreement and are assigned to afternoon or midnight shifts shall receive a shift differential pay of$0.35

_____ (afteIl]Qon __ shift)~OL$0.50-.(midnighLshift).-Sergeants-assigned-to-unifor:m-patrolwho are· covered under this agreement and are assigned to afternoon or midnight shifts shall receive a shift differential pay of $0.45 (afternoon shift) or $0.60 (midnight shift). The shift differential, for overtime and pension calculation, is not tied to the base. Hours must be actually worked in order to receive the differential pay.

6. Upon ratification Police Officers and Sergeants covered under this Agreement who are assigned to the following specialized units shall be eligible for an assignment pay of $80 per pay period. The assignment pay is not tied to the base for overtime and pension calculation. Employees eligible for specialized unit pay will only be eligible for one such $80 increase regardless of how many specialized units they participate in.

a) Motors/Traffic Unit

b) G.I.U.

c) S.I.U.

d) Community Patrol/PAL

e) K-9 f) SWAT

7. Upon ratification bargaining unit members shall receive an 8% cost of living adjustments based on the Consumer Price Index for the last 5 years - All Urban Consumers 12-Month Percent Change for the Miami-Ft. Lauderdale FL area (CPI), (computed as the aggregate, of the last 5-years of COLA years of the COLA shall, 12-month average change percentage). Payments shall not be retroactive and the last five (5) years of the COLA shall only be used for calculating this onetime increase.

8. For the purposes of this agreement the Consumer Price Index shall be calculated as follows - All Urban Consumers 12-Month Percent Change for the Miami-Ft. lauderdale FL area (CPI) which shall have the effect of increasing the pay for each employee, unless the CPI is zero or is negative, which shall then have no decreasing effect on the employee's pay. The cap on the CPI increase shall be at 3.0%.

9. Effective October 1, 2018, the merit step pay program shall be implemented and begin as follows for all Officers and Sergeants: A merit pay increase will be available to be awarded at the end of the month upon completion of an anniversary year within the employee's classification provided he meets the provisions contained in this Article.

Step 1: 3.5% Step 2: (PI

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Step 3: 3.5%

Step 4: CPI

Step 5: 3.5% ----------Step-6":-CPI--- -----------~----- ---------------------- ---- ----------- -- - ----- ----

Step 7: 3.5%

Step 8: CPI

Step 9: 3.5%

Step 10: CPI

Step 11 (Year 15): 5% Step 12 (Year 20): 5%

lQ Within the twelve (12) month period immediately preceding the effective date of the merit

increase Employee must not have any of the following (these rules do not apply for the CPI

increase):

i. Received a score below 3.0 on the annual performance review

ii. A sustained or upheld Suspension

If an employee has been suspended, then once the suspension has ended and it has been

resolved and finalized in the employee's records, then the employee can request to be

reviewed again for merit pay increase. An employee that has a suspension or annual

performance review overturned through the appropriate appellate process may be entitled

to the applicable merit pay increase he would have otherwise received at the time.

11 An Employee must be an employee of the City on the date the merit pay increase is scheduled to be awarded.

12 An employee promoted to Sergeant will receive a one (1) time 10% increase regardless of which step he has attained in the merit based step system. The employee will continue to receive eligible steps based on the merit based step system.

ARTICLE 29. PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS

Except as specifically provided herein, neither party hereto shall be permitted to re-open this Agreement or any part of this Agreement. This Agreement contains the entire Agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

ARTICLE 30. UNIFORMS AND EQUIPMENT

1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following:

(a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (e) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) Duty belt and accessories to include: but not be limited to: handcuffs

case cartridge case, holster and hand held radio holder; (g) The appropriate quantity of ammunition; (h) One (1) jacket with zip-out lining; (i) One (1) pairs police low quarter corfam shoes and one (1) pair

alternative footwear (IE Boots, sneakers Etc.); (j) Raingear

2. The a bove items shall be replaced as needed, by the City, within a reasonable amount of time after the employee has submitted a written request. Such requests shall include the reason for replacement and is contingent upon approval ofthe Chief of Police orthe Chief's deSignee, via the chain of command.

3. Commenclng with the ratification of this Agreement, employees who are required to wear non-issued clothing will receive a clothing allotment of $700 dollars annually. One-half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day.

4. Commencing with the ratification of this agreement, uniformed employees covered under this Agreement will receive a clothing allowance of $400 dollars annually. One-half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. Any employee who receives a clothing/uniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance deducted from the final paycheck. No final paycheck will be given the terminated employee until all city-owned property such as uniforms and eqUipment, IDJ etc. has been returned to the City.

5. Commencing with the ratification of this Agreement each bargaining unit employee covered

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

by this Agreement shall be provided with a level III A bullet resistant vest. The wearing of the vest will be in compliance with Department policy .

... . 6 .... Each.Officer.(uponrequest).will..:be .. issued.surgicaI.gloves·anda .plastic.pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed.

7. Employees shall be issued hand held batons (ASP) with holsters and shall receive appropriate train ing for use of such ASP prior to issuance.

8. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife

(The blade of which shall not exceed three inches in length) and case, the finish of which matches the duty belt accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case.

ARTICLE 31. PHYSICAL EXAMINATION AND WORKERS' COMPENSATION BENEFITS

1 Employees will receive an electrocardiogram, eye exam, and physical examination to include alcohol and drug screen testing at least once a year (12 months) performed by a physician or agency selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results will become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report.

2 In the event of an on-the-job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days from the first day of injury. The Chief of Police may determine that a prior sustained injury reported on a subsequent date is acceptable and the 180-benefit period can be initiated at that time at the Chiefs discretion.

3. Any employee injured on the job, and not as a result of his negligence, shall be paid the regular full wage for the day of the accident if their treating physician advises that he should not return to work that day.

4. Employees covered by this Agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for testing such as for Drug and Alcohol use. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each calendar year.

5. Personnel requesting light duty status based on non-work related injuries shall file request for such duty with supporting medical documentation to the Chief of Police. If light duty status is available and is approved by the Chief at his discretion as per the Personnel Manual, the employee will be assigned duties and shift as per Departmental needs at the Chief's

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discretion.

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

--- --- ----- -------.-------- .. --- -ARTICLE-32-.RETIREMENT-BENEFITS--

1. Each employee who retires based on receiving full retirement benefits without penalty or medical disability shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired". The honorary one-grade promotion shall not affect salary, benefits or the calculations of pension and/or distributions.

2. The following changes in retirement benefits are hereby agreed and are incorporated hereto as historical data:

a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.9 % to 2.25% for services performed in the 1995-1996 fiscal year;

b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50% for services performed in the 1996-1997 fiscal year;

c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75% for services performed in the 1997-2001 fiscal years.

d. Effective October 1, 2001, the benefit accrual rate (multiplier) shall be increased from 2.75 to 2.80 percent for services performed in the 20012002 fiscal year. Effective October 1, 2002, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 percent to 2.90 for services performed in the 2002-2003 fiscal year.

e. Effective October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 to 3.00 percent. The multiplier factor for all years of service prior to October 1, 1993, the multiplier shall be 1.6%. For services rendered during fiscal year 1993-94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8%.

f. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9% to be applied at the time of retirement of each bargaining un it employee covered by th is Agreement.

3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

ten (10) years credited full time service in the retirement plan is completed.

4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%. _ _ _________ Shou Id-th e-tota I contribution- be-actuari ally-deter-mi n ed-toexGeed-1S%; -boththe-Gity and

the employees will share equally the excess amount (should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5%). Employee contribution will not exceed 12%.

5. The sum of $12,498 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless ofthe growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit and providing the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two percent (2.0%) for all years of service improvement to the South Miami Police Pension Plan. In addition, the sum of $25,282 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year up to and including the payment for fiscal year ending September 3D, 2026, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for providing for credited service from date of employment for sworn police personnel who entered the South Miami Police Pension Plan when first eligible. The amount determined by the pension board actuary for future benefit improvements for sworn police personnel, if any, will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds.

6. The retirement plan is mandatory for all employees, covered under this Agreement, hired after October 1, 1995.

7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner' averaged over the best five (5) year period of the participant's career with the City of South Miami ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. For the purposes of this Agreement the best five (5) years is defined as best five -26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another.

8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) for a participant shall be on the date that the participant has completed 25 years of credited police service, regardless of age, or attainment of age sixty 60 and completion of ten 10 years of credited police service

9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the FOP.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7,2018

10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be

_promulgated_bythe_CityJn._consultationcwith-theFOP.-Ihe-actuarialandtechnical-Ianguage is to be prepared by actuarial company, approved by the City and the FOP, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence.

11. Effective July 1, 2011, the maximum amount of overtime hours for pension calculations for anyone fiscal year shall not exceed 300 hours. The day following the ratification of this Agreement, any accumulated time which is eligible for payout upon separation from employment with the City shall remain eligible for pension calculations and subject to pension contributions upon payout. Any accumulated time that is eligible for payout after the ratification of this Agreement will be considered new accumulated time. Any and all new accumulated time, eligible for payout upon separation from employment with the City, shall not be eligible for pension calculation or subject to pension contributions.

12. Effective upon the ratification of this Agreement employees hired on or after October 1,2011 covered by this Agreement shall enter the pension plan immediately upon being hired as a sworn law enforcement officer.

13. Attached hereto and incorporated by reference herein, is Ordinance 16-08-1951 adopted May 20, 2008, entitled "Pension Plan," as amended.

14. Upon ratification, the City of South Miami will begin the process for a 5 year Deferred Retirement Option Program referred to as the DROP. The full implementation of the DROP will commence upon updating the City of South Miami Retirement Ordinance. Officers and Sergeants who are eligible to retire with full benefits (as stated in the CSM Retirement Ordinance) without penalty will be allowed to enter the DROP. The member's DROP account shall be credited with interest in an amount equal to fifty (50) percent ofthe net (gross return minus investment expense) yearly interest earned by the retirement system for the preceding fiscal year, up to a maximum of five (5) percent. If the net yearly interest earned by the retirement system is zero (0) percent or less, the member's DROP account will not be credited with interest, nor will it be debited with any investment losses. The City agrees to implement the DROP program within one (1) year after ratificat~on of this agreement.

ARTICLE 33. EDUCATIONAL INCENTIVE

1. The City agrees to bear the cost of tuition for specifically applicable specialized education courses to better equip the Officers for the performance of the particular job and/or position

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

in which they are employed, as determined by and approved in writing by the Chief of Police.

2. Every application for educational assistance shall be subject to the approval of the Chief of ~olice_and_the_City_Manage[..Such.app[Qvalmust-be-obtainedat least-thirty. (30) calendar days prior to the beginning of any course.

3. If any application is approved,guidelines for reimbursement are as follows:

a) 75% reimbursement of the course cost for a grade of "B" or better for undergraduate courses;

b} 75% reimbursement of the course cost for a grade of "B" or better for graduate courses;

c) 50% reimbursement ofthe course cost for a grade of "C" for graduate courses;

d) Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub-sections a, b, & c above;

e} The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or community colleges.

f} There shall be no reimbursement for grades "0" or less or "unsatisfactory".

4. Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said reimbursement must be repaid to the City (amount may be deducted from final pay).

ARTICLE 34. EMPLOYEE PREGNANCY/MATERNITY LEAVE

1 An employee who becomes pregnant must notify the Chief of Police as soon as she receives a medical confirmation that she is pregnant. A pregnant employee is required to furnish a letter from her physician who will state the anticipated delivery date, the amount of time the employee may continue to work until the delivery and the types and limitations of duty to be performed. The pregnant employee may, in the discretion of the City, be placed on light duty status with the approval of the Chief of Police or the Chiefs designee and the City Manager. In the event that a light duty position is not available at the Police Station, the pregnant employee may be utilized in other City of South Miami offices at the discretion of the City Manager. The employee's rate of pay will remain the same.

2 Pregnant employees may be granted FMLA leave on the same terms and conditions as granted for other non-pregnancy-related disabilities or illness. Any employee who

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

becomes pregnant shall be entitled to unpaid maternity leave. Such unpaid maternity leave shall be granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any

__ partoLthe_acc[UedleaveatheLrequestinJieu_of-unpaid-ieave.- ---- - ------- ------ - -

ARTICLE 35. EMPLOYEE ASSISTANCE PROGRAM

The City and the FOP concur that an Employee Assistance Program (EAP) exists within the , City Personnel Manual and can be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel.

ARTICLE 36. ABOLISHMENT OR MERGER

Whenever the abolishment or merger of the Police Department is contemplated, the FOP shall be informed of such plans in advance. Additionally, the FOP shall be given an opportunity to be apprised concerning the impact of such abolishment or merger proposal upon this Agreement.

ARTICLE 37. AMERICANS WITH DISABILITIES ACT (ADA)

Notwithstanding any other provision of this Agreement, the FOP agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the FOP of the action it intends to take to comply with the ADA or the Florida Civil Rights Act. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein.

ARTICLE 38. TERM OF AGREEMENT

Except as provided herein, all provisions of this Agreement shall be effective September 18,2018 and shall remain in force for three (3) years until September 17, 2021.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Date:

By: +--+-r-----'-----==--''''---tf---ff----'o;::,.-----

Fraternal Order of Police:

Date: ---LI_£O IF-,,,_v-,-I'_~_

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381

May 23, 2019 Ms. Edemir K. Estrada Pension Administrator Gabriel, Roeder, Smith & Company One East Broward Blvd., Suite 505 Fort Lauderdale, Florida 33301-1804 Re: South Miami Pension Plan - Actuarial Impact Statement Dear Edemir: As requested, we have performed an updated actuarial review of the attached proposed Ordinance. We understand this language will apply to all participants in the South Miami Pension Plan (Plan). Based upon our review, we understand the proposed Ordinance:

1. Creates a Deferred Retirement Option Program (DROP) with the following provisions: Eligibility upon attainment of Normal Retirement Five (5) year maximum participation Interest credited monthly in an amount equal to fifty (50) percent of the net

(gross return minus investment expense) yearly interest earned by the Plan for the preceding fiscal year - maximum 5.0%, minimum 0.0%

2. Provides for codification. 3. Provides for severability. 4. Repeals all Ordinances or parts of Ordinances in conflict herewith. 5. Provides for an effective date.

In our opinion, based upon the actuarial assumptions and methods employed in the October 1, 2018 Actuarial Valuation, the Ordinance is a no cost Ordinance under State funding requirements. DROP assumptions will need to be monitored in light of future DROP experience. If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards,

Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: Mr. Alfredo Riverol

Ronald Cohen, Esq. 382

ORDINANCE NO. ______________

An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and AFSCME Local 3294; by Amending Section 16-12, “Definitions”; and Adding Section 16-28, “Deferred Retirement Option Plan” by permitting certain employees to enter the Deferred Retirement Option Plan: by providing the terms of the Deferred Retirement Option Plan; providing for Severability; Providing for Inclusion in the Code; Providing for a Repealer; and Providing for an Effective Date.

WHEREAS, the City of South Miami and the American Federation of State, County

and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge,

Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.

(hereinafter “Unions”), have entered into new Collective Bargaining Agreements

(“Agreements”); and

WHEREAS, one of the purposes and intentions of the Agreements are to provide for a

Deferred Retirement Option Plan; and

WHEREAS, Florida law requires that if any provision of a collective bargaining

agreement is in conflict with any ordinance over which the chief executive officer has no

amendatory power, the chief executive officer shall submit to the appropriate governmental

body having amendatory power a proposed amendment to such ordinance; and

WHEREAS, the City Commission has received and reviewed an actuarial impact

statement related to such amendments; and

WHEREAS, the City Commission wishes to change the terms of the South Miami

Pension Plan to effectuate the changes called for in the Agreement; and

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WHEREAS, the City Commission deems it to be in the public interest to provide these

changes to the South Miami Pension Plan;

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND CITY

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:

Section 1: That Chapter 16, Article II, of the City of South Miami Code of

Ordinances is hereby amended by amending Sec. 16-12, “Definitions” as follows:

***

DROP Member shall mean any person who is a member of the Deferred Retirement

Option Plan.

***

Section 2: That Chapter 16, Article II, of the City of South Miami Code of

Ordinances is hereby amended by adding Sec. 16-28, “Deferred Retirement Option Plan” as

follows:

Deferred Retirement Option Plan (“DROP”).

(1) Created. There is hereby created a Deferred Retirement Option Plan ("DROP").

(2) Eligibility.

(a) Any general employee, AMSC member and police officer (which includes

sergeants, lieutenants and captains), who are active members of the South Miami Pension

Plan and not members of the City of South Miami Defined Contribution Plan, is eligible to

enter the DROP on or after the first day of the month following the employee reaching their

normal retirement date as defined in accordance with the South Miami Pension Plan.

(3) Participation time. The maximum participation in the DROP by DROP Member

shall be sixty (60) months.

Comment [BC1]: Waiting on Samantha for confirmation on official name.

384

(4) No additional creditable services. Upon entering the DROP, the DROP Member

shall not receive any additional creditable service for pension purposes. Additionally, the

amount of final average salary for calculation of pension benefits shall be determined as of

the date of entering the DROP. No payment shall be made for accrued unused leave upon

entering the DROP, nor shall the amount of accrued unpaid leave be used in the calculation

in the amount of pension benefits.

(5) Election of optional forms of payment. Upon entering the DROP, the DROP

Member may elect an optional form of payment. Once the election is made, it may not be

changed. The DROP member may elect a beneficiary who may be the same as or different

than the beneficiary elected to receive the annuity portion of the pension.

(6) Contributions. Upon the effective date of the DROP Member’s commencement

of participation in the DROP, the DROP Member’s contribution shall be discontinued.

(7) Irrevocable resignations. The Board of Trustees for the South Miami Pension

Plan shall promulgate the appropriate administrative forms for administering the DROP,

which forms must include, at a minimum, an irrevocable resignation from employment from

the City of South Miami, which is effective no more than five (5) years from the date of entry

into the DROP. The resignation is irrevocable. A DROP Member may actually separate from

service prior to the expiration of the five-year period, but may not continue in the employment

of the City of South Miami in a position which requires membership in the South Miami

Pension Plan after the five-year period. A DROP Member may participate in the DROP only

once.

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(8) Limitation or disqualification for other benefits. Upon commencement of

participation in the DROP, the DROP Member shall not be eligible for disability or pre-

retirement death benefits.

(9) Credits to DROP account. The monthly retirement benefits that would have

been payable had the DROP Member elected to cease employment and not join the DROP,

shall be credited to the DROP member’s DROP account. The money in all DROP Members’

accounts will be commingled with all other assets of the South Miami Pension Plan, but

separate accountings shall be made.

(10) Crediting interest in the DROP account. A DROP Member’s account shall be

credited monthly with interest and compounded annually, in an amount equal to fifty (50)

percent of the net (gross return minus investment expense) yearly interest earned by the

South Miami Pension Plan for the preceding fiscal year, up to a maximum of five (5) percent.

If the net yearly interest earned by the South Miami Pension Plan is zero (0) percent or less,

the DROP Member’s account will not be credited with interest for that year, nor will it be

debited with any investment losses for that year.

(11) Distribution.

a. All distributions must comply with the Internal Revenue Code and regulations

promulgated thereunder.

b. Upon termination of a DROP Member’s employment with the City of South

Miami from a position that is covered by the South Miami Pension Plan, the retirement

benefits payable to the DROP Member or the DROP Member’s beneficiary (if the DROP

Member selected an optional form of retirement benefit, which provides for payment to the

beneficiary) shall be paid to the DROP Member or, if the DROP Member is deceased, to the

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DROP Member’s designated beneficiary, or, if no surviving designated beneficiary, to the

DROP Member’s estate and shall no longer be credited to the DROP Member’s account.

c. Upon separation of a DROP Member’s employment with the City of South

Miami from a position that is covered by the South Miami Pension Plan, the balance credited

to the DROP Member’s DROP account may be distributed in a lump sum, periodic payments,

an annuity or a combination thereof to the DROP Member. Alternatively, a DROP Member

may also elect to rollover the DROP account to an eligible retirement plan, including an

individual retirement account, pursuant to Section 401(a)(31) of the Internal Revenue Code,

or any other distributions permissible to the Internal Revenue Code and regulations

promulgated thereunder. Distribution must commence not later than provided in Section

401(a)(9) of the Internal Revenue Code.

(12) DROP balance distribution in the event of death of a DROP Member. If a DROP

Member dies before his or her DROP account balance is distributed in full, the lump-sum

distribution shall be made as soon as is administratively feasible, but no later than December

31 of the calendar year in which the first anniversary of the DROP Member's date of death

occurs, to the DROP Member’s surviving designated beneficiary, or if there is no surviving

designated beneficiary, the former DROP Member’s estate.

(13) Administrative rules and regulations. The Board of Trustees shall have authority

to promulgate administrative rules and regulations for the carrying out of the DROP.

(14) Loss to DROP account balance. A DROP member shall have their principal

balance decreased if an accrued loss results over the total DROP period as a result of

administrative expenses incurred.

Section 3. Codification. The provisions of this ordinance shall become and be made

part of the Code of Ordinances of the City of South Miami as amended; that the sections of

387

this ordinance may be renumbered or re-lettered to accomplish such intention; and that the

word "ordinance" may be changed to "section" or other appropriate word.

Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance

is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this

holding shall not affect the validity of the remaining portions of this ordinance.

Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all

section and parts of sections of ordinances in direct conflict herewith are hereby repealed.

However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,

that give the appearance of being in conflict when the two ordinances can be harmonized or

when only a portion of the ordinance in conflict needs to be repealed to harmonize the

ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby

amended to harmonize the two ordinances. Therefore, only that portion that needs to be

repealed to harmonize the two ordinances shall be repealed.

Section 6. Effective Date. This ordinance shall become effective upon enactment.

PASSED AND ENACTED this ____ day of _____________, 2019.

ATTEST: APPROVED: ____________________ _______________________ CITY CLERK MAYOR 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor :

388

EXECUTION THEREOF Vice Mayor : Commissioner : _____________________________ Commissioner : CITY ATTORNEY Commissioner :

J:\WPDocs\5845.001 - City of South Miami-Ordinance Prep\Ordinance\South Miami Ordinance Creating DROP v.6.doc

389

MIAMI DAILY BUSINESS REVIEW Published 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

GUILLERMO GARCIA, who on oath says that he or she is the

DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review Ilk/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 HEARINGS - CITY OF SOUTH MIAMI - JUN. 18, 2019

in the XXXX Court, was published in said newspaper in the issues of

06/07/2019

Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade 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 said

GUILLERMO GARCIA personally known to me

.,.;~:!,::~,!~;t'. BARBARA THOMAS ffh. \ '\ Comr.lission # GG 121171 ;~·d!~iil E:xpires November 2,2021

·":'~kr.1.~;:t.·· B~MCd Thru Troy Fain Insurance 800-385·7019

CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS

NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, June 18, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following items:

An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fratemal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc. by creating Section 16-2B - Deferred Retirement Option Plan ("DROP") and amending Section 16-12 to define DROP members.

An Ordinance amending the South Miami Pension Plan to' implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc" and the Dade County Police, Benevolent Association, Inc. as well as' Implement Changes for Members who are not covered under a Collective Bargaining Agreement; by amending Section 16-12, ' Definitions"; by amending Section 16-13, 'Eligibility'; by amending Section 16-1 4, ' Pension benefits and retirement dates" ; by amending Section 16-17, "Termination"; and by amending Section 16-19, Contributions",

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 evidenc upon which the appeal is to be based. '. 6/7 19-126/0000405588M

390

26SE SUNDAY JUNE 9 2019NEIGHBORS MIAMIHERALD.COM

CITY OF SOUTH MIAMI

NOTICE OF PUBLIC HEARINGS

NOTICE IS HEREBY given that the City Commission of the City of

South Miami, Florida will conduct Public Hearings at its regular City

Commission meeting scheduled for Tuesday, June 18, 2019, beginning

at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to

consider the following items:

An Ordinance amending the South Miami Pension Plan to implement

the Collective Bargaining Agreements between the City of South

Miami and the American Federation of State, County and Municipal

Employees, AFL-CIO, City Employees Local 3294, the Florida State

Lodge, Fraternal Order of Police, Inc., and the Dade County Police

Benevolent Association, Inc. by creating Section 16-28 - Deferred

Retirement Option Plan (“DROP”) and amending Section 16-12 to

define DROP members.

An Ordinance amending the South Miami Pension Plan to implement

the Collective Bargaining Agreements between the City of South

Miami and the American Federation of State, County and Municipal

Employees, AFL-CIO, City Employees Local 3294, the Florida

State Lodge, Fraternal Order of Police, Inc., and the Dade County

Police Benevolent Association, Inc. as well as Implement Changes

for Members who are not covered under a Collective Bargaining

Agreement; by amending Section 16-12, “Definitions”; by amending

Section 16-13, “Eligibility”; by amending Section 16-14, “Pension

benefits and retirement dates”; by amending Section 16-17,

“Termination”; and by amending Section 16-19, Contributions”.

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.

Less than two years afterfast-fashion fans rejoiced atthe opening of the onlyTopshop in Florida, thetwo-story mega store inAventura Mall will close.Sales at Topshop and

Topman, the brand’s jointmenswear store, began lastweek after Arcadia Group,the brand’s parent compa-ny, announced a plan torestructure after filing forbankruptcy. There is noofficial closing date as ofnow.Topshop and Topman,

which opened Nov. 20,2017, was the brand’s 11thbrick-and-mortar store inthe U.S. and the only one in

Florida. It was part of themall’s expansion thatincluded the return of Zara,a 93-foot tall slide andseveral bougie restaurants.Now, black and red signs

hanging from the ceilingread “STORE CLOSINGSALE!”Certain racks are on sale,

including for up to 50 per-cent off, while the rest ofthe store is normal price.Customers can pay $6 fortube tops, $10 for a bikiniand $30 for “mom jeans”that used to cost $80.But don’t pull out your

credit card just yet. Thestore is only acceptingpayments in cash. Papersigns that read “CASHONLY” are taped on thestore’s glass walls and atthe cash registers. The

store’s manager said thecash only policy “comesfrom corporate” and he didnot know a reason as towhy.About 50 Arcadia Group

brand stores are set toclose, according to theBBC.Topshop and Topman’s

websites are advertising anup to 50 percent off sum-mer sale while showing nosigns of U.S. stores shuttingdown. Arcadia Group CEOIan Grabiner blamedonline competition andchanging consumer habitsas part of the company’sstruggles, according toCNN.“This has been a tough

but necessary decision forthe business,” Grabinersaid in a statement.

South Florida shoppers will have to resort to paying shipping again now that Topshop, thetrendy UK retailer, is closing.

After only two years,Aventura Mall’s Topshopstore is closing. Thatmeans big salesBY AMANDA [email protected]

391

Agenda Item No:14.

City Commission Agenda Item ReportMeeting Date: June 18, 2019Submitted by: Alfredo RiverolSubmitting Department: Finance Department Item Type: OrdinanceAgenda Section:

Subject:An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreementsbetween the City of South Miami and the American Federation of State, County and Municipal Employees,AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc., and the DadeCounty Police Benevolent Association, Inc. as well as Implement Changes for Members who are not coveredunder a Collective Bargaining Agreement; by amending Section 16-12, “Definitions”; by amending Section16-13, “Eligibility”; by amending Section 16-14, “Pension benefits and retirement dates”; by amending Section16-17, “Termination”; and by amending Section 16-19, Contributions”. 3/5 (City Manager-Finance Department)

Suggested Action:

Attachments:ARMemo Ordinances - Pension Revision (June 2019) CAP-Open-More Members FINAL.pdf

Ord Amending 16-12, 13, 14, 17 & 19.docx

Res. No 184-18-15217 - Agreement with the FOP (Officers Sergeants).pdf

Actuarial Projection Study (Open Enroll - More Management).pdf

Actuarial Study - AMSC.pdf

MDBR Ad.pdf

Miami Herald Ad.pdf

Memo Pension Impact Statement (6-18-19) FINAL.pdf

Actuarial Impact Statement Open-AMSC-Cap.pdf

Res No 146-01-11294 - GRS and Support.pdf

392

Page 1 of 2

CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM

To: The Honorable Mayor & Members of the City Commission

From: Steven Alexander, City Manager

Date: June 4, 2019

Request: An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc. as well as Implement Changes for Members who are not covered under a Collective Bargaining Agreement; by amending Section 16-12, “Definitions”; by amending Section 16-13, “Eligibility”; by amending Section 16-14, “Pension benefits and retirement dates”; by amending Section 16-17, “Termination”; and by amending Section 16-19, Contributions”.

BACKGROUND

On September 20, 2018 the Mayor and Commission adopted Resolution 184-18-15217 which approved the Florida State Lodge Fraternal Order of Police, Inc. three-year Collective Bargaining Agreement (CBA) for police officers and sergeants beginning September 18, 2018 through September 17, 2021, authorizing the City Manager to execute the agreement. The proposed Ordinance incorporates the changes necessary to conform to the approved CBA, specifically Article 37, Retirement Benefits ensuring police officers and sergeants pension contributions will be capped at no more than 12% of earnings.

In addition, the City is proposing additional changes for all of our employees in an effort continue to meet the City’s objectives of:

− Retaining our City employees, the City’s greatest assets. – Retention is the key to corporate stability and resident satisfaction.

− Keeping & managing employee turnover - Employee turnover can be costly. Various sources estimate it can cost anywhere from 30% to 200% of an employee’s annual salary to replace them.

PROPOSED ORDINANCE

Effective October 1, 2018 police officers and sergeants pension contributions will be capped at no more than 12% of earnings, as agreed upon in the most recently agreed three-year Collective Bargaining Agreement (CBA) for police officers and sergeants.

Moreover, as part of the proposed ordinance, the City is requesting to include six additional positions within the Administrative Management Service Class (AMSC). The new proposed AMSC Members will be composed of the persons who hold only the following positions:

393

Page 2 of 2

− Community Redevelopment Agency Director

− Personnel Manager/Human Resources Director

− Project Manager

− Special Assistant to the Manager (vacant and not funded in FY 2019)

− Superintendent of Maintenance

− Assistant Director of Parks and Recreation

AMSC Members shall be fully vested in the pension plan upon completion of five (5) years of credited service and a normal retirement age of sixty (60).

Lastly, the City is proposing an annual open enrollment period for members who previously elected to participate in the City’s defined contribution plan to join as second tier members or their respective plan of classification. This proposed revision provides everyone an opportunity to join the City’s South Miami Pension Defined Benefit Plan.

The proposed changes listed above, provide an overall savings to the City.

RECOMMENATION

Approve the attached ordinance that enacts changes necessary to bring the City in compliance with Resolution 184-18-15217 which approved the Collective Bargaining Agreement (CBA) beginning September 18,2018 through September 17, 2021 between the Florida State Lodge Fraternal Order of Police, Inc. and the City of South Miami and provides additional revisions with the intent to continue meeting the City’s personnel objectives.

ATTACHMENTS

− Proposed Ordinances

− Resolution 184-18-15217 Approving the Florida State Lodge Fraternal Order of Police, Inc. CBA

− GRS Projection Studies

394

1

ORDINANCE NO. ______________1An Ordinance amending the South Miami Pension Plan to implement the Collective 2Bargaining Agreements between the City of South Miami and the American Federation of 3State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the 4Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police 5Benevolent Association, Inc. as well as Implement Changes for Members who are not 6covered under a Collective Bargaining Agreement; by amending Section 16-12, 7“Definitions”; by amending Section 16-13, “Eligibility”; by amending Section 16-14, 8“Pension benefits and retirement dates”; by amending Section 16-17, “Termination”; and 9by amending Section 16-19, Contributions”.10

11WHEREAS, the City of South Miami and the American Federation of State, County and 12

Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order 13of Police, Inc., and the Dade County Police Benevolent Association, Inc. (hereinafter “Unions”), have 14entered into Collective Bargaining Agreements (“Agreements”); and15

16WHEREAS, there are some members who are not covered under the Agreements, but the City 17

of South Miami is desirous of amending the pension plan provisions for those members in accordance 18herewith; and19

20WHEREAS, some of the purposes and intentions of this ordinance are to provide for adding 21

additional positions to the AMSC class, adding an open enrollment period for joining the South Miami 22Pension Plan, capping contribution percentages for police officers and sergeants and changing normal 23retirement age and vesting for AMSC members; and24

25WHEREAS, Florida law requires that if any provision of a collective bargaining agreement is 26

in conflict with any ordinance over which the chief executive officer has no amendatory power, the chief 27executive officer shall submit to the appropriate governmental body having amendatory power a 28proposed amendment to such ordinance; and29

30WHEREAS, the City Commission has received and reviewed actuarial impact statements related 31

to the amendments to the South Miami Pension Plan that are set forth in this ordinance; and3233

WHEREAS, the City Commission wishes to change the terms of the South Miami Pension Plan34to effectuate the changes called for in the Agreements and to include those individuals who not members 35of the Unions and not covered by the Agreements; and36

37WHEREAS, the City Commission deems it to be in the public interest to provide these changes 38

to the South Miami Pension Plan in order to continue to meet the City’s objectives of retaining City 39employees, hiring the best talent and managing employee turnover.40

41NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND CITY 42

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:43

395

2

1Section 1: Chapter 16, Article II, Sec. 16-12, “Definitions” of the City of South Miami Code 2

of Ordinances is hereby amended by amending and shall read as follows:34

***5AMSC member shall mean the administration management service class. It will be composed of 6

employees who hold only the following positions:7City manager8City attorney9City clerk10Assistant/deputy city manager11Finance director/chief financial officer12Chief of police13Planning and zoning director14Building director15Director of public works16Chief administrative officer (currently finance office manager)17Chief procurement officer (currently purchasing manager)18Parks and recreation director19Community Redevelopment Agency Director20Personnel Manager21Project Manager22Special Assistant to the Manager23Superintendent of Maintenance24Assistant Director of Parks and Recreation25Second tier member shall mean general employees who are hired on or after October 1, 2016 26

who elect to join the city pension plan, and general employees who were hired prior to October 1, 2016 27and not participating in the city pension plan as of October 1, 2016 who elect to join the city pension 28plan. and employees who previously participated in the City of South Miami Defined Contribution Plan29and subsequently opted-out during the annual open enrollment period and joined the South Miami 30Pension Plan.31

***32Section 2: That Chapter 16, Article II, of the City of South Miami Code of Ordinances is 33

hereby amended by amending Sec. 16-13, “Eligibility” as follows: 34***35

(i) Notwithstanding anything in this Section to the contrary, the City shall hold an annual 36open enrollment period during which time any employee who previously entered into the 37City of South Miami Defined Contribution Plan and is currently in the City of South 38Miami Defined Contribution Plan, may opt-out, and elect to join the South Miami Pension 39Plan, as a Second tier member or as their respective classification at the time they elect 40to join the South Miami Pension Plan. 41

(i)(j) Notwithstanding sections (a) through (h)(i) above, all persons who join the cCity pension 42plan on or after the effective date of the ordinance from which this section is 43

396

3

derivedSeptember 20, 2016 will not be required to have completed six (6) months of 1service prior to joining and are required to participate immediately upon hire or upon 2election to join for members who were hired prior to the effective date of this ordinance 3from which this section is derived September 20, 2016.4

56

Section 3: That Chapter 16, Article II, of the City of South Miami Code of Ordinances is 7hereby amended by amending Sec. 16-14(a)(3), “Pension benefits and retirement date” as follows:8

9(a) Retirement date. The normal retirement date with full unreduced pension benefits for a 10

participant, shall be as follows:11***12

(3) AMSC members. The earlier of (a) age sixty-five (605) and completion of three13five (53) years of cCredited service; or (b) completion of thirty-three (33) years of cCredited 14service.15

***16Section 4: That Chapter 16, Article II, of the City of South Miami Code of Ordinances is 17

hereby amended by amending Sec. 16-17(b), “Termination” as follows:18***19

(b) Any such participant shall be entitled to elect Option 1 or Option 2, as described below, except 20that Option 2 shall be automatically considered as having been elected by the Participant unless 21Option 1 is elected before the participant's normal retirement date.22

Option 1: A cash payment of an amount equal to the aggregate of the contributions 23made by the participant prior to termination of employment. Provided that police 24officer participants eligible to withdraw their contributions from this pension plan 25may only withdraw their contributions without interest.26

Option 2: Pension benefits commencing on what otherwise would have been the 27normal retirement date of the participant in an amount equal to the greater of that 28which can be provided by the aggregate of the contributions made by the participant 29prior to the termination of employment, with credited interest compounded annually 30at the rate of three (3) percent per annum from the end of the year of payment to the 31date on which pension benefits commence; or an amount determined by multiplying 32the amount of pension to which the participant is entitled in accordance with section 33subsection 16-14(a) or 16-14(b), whichever is applicable by a percentage 34determined in accordance with the following schedule on the basis of the length of 35credited service.36

37***38

All general employees shall be one hundred (100) percent vested in the pension plan upon 39completion of ten (10) years of continuous credited service. All second tier members shall be one 40hundred (100) percent vested in the pension plan upon completion of ten (10) years of continuous 41

397

4

service. AMSC members shall be one hundred (100) percent vested in the pension plan upon completion 1of five three (53) years of continuous Credited service. AMSC members who have completed three (3) 2years of continuous Credited service as of the Effective Date of this Ordinance shall be 100% vested.3General employees and AMSC members who opt to join the defined contribution plan of the city shall 4vest after one (1) year of service. Accordingly, effective October 1, 1995, all general employees who are 5in this plan as of October 1, 1995, and have ten (10) years or more of continuous service will be one 6hundred (100) percent vested.7

***8Section 5: That Chapter 16, Article II, of the City of South Miami Code of Ordinances is 9

hereby amended by amending Sec. 16-19(a)(2), “Contributions” as follows:1011

(a) Each participant, except as otherwise provided herein, shall contribute in each calendar 12year towards the cost of the participant's pension an amount equal to three (3) percent of the participant's 13earnings. Except as otherwise provided herein, no participant shall make any contributions toward the 14cost of any past service pension to which the participant is entitled under this plan. The employer shall 15contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The 16employer's contributions shall be deposited into the pension plan on at least a quarterly basis. Effective 17October 1, 1995, the pension contribution for all general employee participants, including those general 18employees that are now members of the retirement system, shall be increased from three (3) percent to 19five (5) percent of earnings. Effective October 1, 2001, the pension contribution for all general employee 20participants, including those general employees that are now members of the plan, shall be increased 21from five (5) percent to seven (7) percent of earnings. Police officer participant including bargaining 22unit employees, that are now members of the plan and any police officers who join the plan in the future 23shall, effective October 1, 1993, have their contribution increased from three (3) percent to five (5) 24percent of earnings. Effective October 1, 2001, police officer participants shall contribute seven and one-25half (7.5) percent of earnings.26

***27(2) Police officer participants. Effective October 1, 2004, if the total police officer 28participants contributions and employer's contribution exceeds fifteen (15) percent of covered 29police payroll for any fiscal year, the excess over fifteen (15) percent shall be shared equally by 30the employer and police officer participants, provided however, that effective October 1, 2016, 31police lieutenants and police captains shall have their contributions capped at twelve (12) percent 32of earnings. and effective October 1, 2018, police officers and sergeants shall have their 33contributions capped at twelve (12) percent of earnings. Police officer participant contributions 34shall be deposited in the plan immediately after each pay period. Effective October 1, 2001 an 35amount actuarially determined, to provide for certain minimum benefits required by chapter 185, 36F.S. shall be paid from the South Miami Police Officers Retirement Trust Fund to the plan each 37year, regardless of the growth or diminution in future chapter 185, F.S. funds.38

***3940

Section 6. Codification. The provisions of this Ordinance shall become and be made part of 41the Future Land Use Map of the City of South Miami’s Comprehensive Plan, as amended. 42

43

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5

Section 7. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any 1reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 2the validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder.3

4Section 8. Ordinances in Conflict. All ordinances or parts of ordinances and all section and 5

parts of sections of ordinances in direct conflict herewith are hereby repealed. 67

Section 9. Effective Date. This ordinance shall become effective upon enactment.8

PASSED AND ENACTED this ____ day of _____________, 2019.9

10ATTEST: APPROVED:11

12____________________ _______________________13CITY CLERK MAYOR14

151st Reading 162nd Reading 17

18READ AND APPROVED AS TO FORM: COMMISSION VOTE:19LANGUAGE, LEGALITY AND Mayor Stoddard:20EXECUTION THEREOF Vice Mayor Harris: 21

Commissioner Gil:22_____________________________ Commissioner Welsh:23CITY ATTORNEY Commissioner Liebman:24

399

RESOLUTION NO. _1_8_4_-_1_8_-_1_5_2_1_7 __

A Resolution ratifying the three-year Collective Bargaining Agreement for police officers and sergeants between the Florida State Lodge Fraternal_Order of Police, Inc. and the City of South Miami and authorizing its execution by the City Manager.

---WHEREAS;--the--Mayor and City-Commission of the City of South Miami-seek to provid~ ________________ _ ~~~~~~~~~~~~~~'====~~~'==~~~~=~~==:d:~~~=~~~~~"=====~~

the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors ofthe City of South Miami; and

WHEREAS, a Collective Bargaining Agreement with the Florida State Lodge Fraternal Order of Police Inc. (FOP), the union representing the police officers and sergeants of the South Miami Police Department, is an integral component ofthis effort; and

WHEREAS, the City Administration and the FOP have successfully concluded negotiations for a new three-year contract that achieves these objectives; and

WHEREAS, the police officers and sergeants have ratified the attached agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:

Section 1: The three-year Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. and the City of South Miami is hereby ratified and the City Manager is authorized to execute the Agreement. A copy of the Agreement is attached hereto and made a part hereof by reference.

Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution.

Section 3. Effective Date. This resolution shall become effective immediately upon

adoption.

PASSED AND ADOPTED this 20th day of September, 2018.

READ AND APPROVED AS TO FORM LANGUAGEy l1(EdJTION AND LEGALITY:

Approved:

~'!tCJI~ MAYO

Commission Vote: Mayor Stoddard: Vice Mayor Harris:

5-0 Yea

Yea Commissioner Gil: Yea

Commissioner Liebman: Yea Commissioner Welsh: Yea

400

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

PREAMBLE

- __ .. ____ .. 0_"_. ________ . ____ ..•...•..•. ___ .• _ .•. _ ..... _ _ ._

-- ---- ---- -- -- -- - 'fhi~Agreement~is~enteTe-d=into~bv~the"-eit'Y=org-outh~Mid-mi;=PIOl'itld~h~ereimffter-referretn{}as~~'~-~- -

the "Employer" or the "City" and the Florida State Lodge, Fraternal Order of Police Inc., hereinafter referred to as the "FOP" or "Union", for the purpose of promoting harmonious , relations between the Employer and the FOP, to establish an orderly and prompt procedure forthe resolution of grievances, to insure continuation of normal activities and Departmental operations, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment.

Definitions:

"11:59 p.m./I means 23:59:59.99 hours in a 24 hour clock.

"12:00 a.m." means 00:00:00.99 hours in a 24 hour clock.

1/12:00 p.m." means 12:01:59.99 hours in a 24 hour clock

UBi-weekly" mean eV,ery two weeks.

"Department" means the South Miami Police Department.

"Officers" or "Police Officers" whether plural or singular, as used in this Agreement means the rank of Police Officer, and Police Sergeant, including probationary employees, but excluding the Chief of Police, Assistant Chief, Majors, Police Captain, Police Lieutenants, any bargaining unit member during his assignment to "Internal Affairs" and all other employees of the City of South Miami.

"Parties" mean the City and the FOP.

"Workweek" means a 7 day period ("week") commencing at 00:00:00 hours (or 12:00 a.m.) on Monday and ending at 23:59:59.99 hours (1/11:59: p.m.") midnight on Sunday of each week.

ARTICLE 1. RECOGNITION

The Employer hereby recognizes the FOP, as the collective bargaining agent for all permanent full-time and probationary sworn police personnel in the classifications of police officer and police sergeant. However, the FOP is not the collective bargaining agent for sergeants while assigned to internal affairs.

1

401

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

There shall be no discrimination, interference, restraint, or coercion by the Employer or the FOP against any employee because of FOP membership or non-membership, or because of race, creed, color, age, sex, religion, marital status, sexual orientation, disability and national origin. All references to employees in this Agreement shall apply to both sexes and wherever the male gender is used, it shall be construed to include male and female employees and vice versa.

ARTICLE 3. DUES CHECK-OFF

1 Any member of the FOP, who has submitted a properly executed dues authorization card or written statement to the City Manager, or the Manager's designee, in accordance with a format prescribed or approved by the City, may, by request in writing, have their membership dues in the FOP deducted from their wages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the FOP. However, the City shall have no responsibility or any liability for any monies once sent to the FOP, nor shall the City have any responsibility or any liability for the improper deduction of dues. Furthermore, the FOP shall hold the City harmless for non-intentional errors in the administration of the dues deduction system. The City shall send all dues to:

Fraternal Order of Police- Florida State Lodge 242 Office Plaza Tallahassee, FI. 32301

2 It shall be the responsibility ofthe FOP to notify the City Manager, orthe Managers designee, of any change in the amount of dues to be deducted at least thirty (30) working days in advance of said change. Under no circumstances shall the City be required to deduct FOP fines, penalties, or assessments from the wages of any member.

3. Any member of the FOP may, on thirty (30) calendar day's written notice to the City and the FOP, request that the City cease deducting dues from his wages.

ARTICLE 4. FOP BOARD OF DIRECTORS REPRESENTATIVES

1. The FOP shall notify the Chief of Police of the names of all members of the FOP Board of

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Directors, the commencement date and length of their term of office, any changes made to the membership of the FOP Board of Directors and any change to a director's term of office, within 3 working days of the election or appointment to the FOP Board of Directors or any

. _ _ .. _ . __ . ----otber~Gl:lange::in~tne:info~lilatiQri~ieq uf~ed~ta~lle:"gi\ler:1~t0~fR~Gh re.f~@f~PoifGe~tw@=member-s/-- -­

of the FOP, while on duty, shall be allowed to attend collective bargaining sessions between the City and the FOP, as FOP representatives. FOP representatives who attend a collective bargaining session shall be paid for such attendance unless they are off duty during a bargaining session and in such case they shall not be entitled to any compensation for their attendance at said bargaining session. All bargaining sessions shall be set by mutual agreement between the parties. The FOP shall notify the City prior to negotiation of the names of the members attending as FOP representatives, provided however this attendance must be approved by the Chief of Police or the Chief's designee.

2. FOP Directors, while on duty, shall be allowed to attend the City of South Miami FOP Lodge #179 Board of Directors meeting once per quarter without loss of payor leave time for the duration of the meeting, unless the staffing needs of the Department prevent such attendance. All attendance of a Director while on duty shall require the prior approval ofthe Chief of Police or the Chief's designee. The FOP shall provide dates and times on a quarterly basis and at least 30 working days prior to the board meeting to help facilitate staff scheduling. Board Directors will not be allowed to attend meetings outside City limits while on-duty. If a Director is on duty, his attendance shall not exceed 2 hours total.

ARTICLE 5. SERVICES TO THE FOP

1. The City will furnish the FOP with a copy of the Police Department's Rules and Regulations at or before the execution of this Agreement and within 48 hou rs of their modification.

2. The City will provide a mailbox for each employee for use by the City and the FOP to distribute mail and other communication. The aforesaid mailboxes shall only be used by the FOP for the purpose of transmitting material relative to issues concerning this Agreement. The mailboxes shall not be used to disseminate anything relating to any kind of political issue or for the purpose of communicating material that tends to disparage any elected or appointed official, and/or any employee ofthe City, whether directly or indirectly.

3. Upon written request from the FOP to the City Manager, the City will provide, on a semi­annual basis, a complete roster of the bargaining unit, including name, rank, and current pay scale of each member of the bargaining unit.

4. All bargaining unit employees, including representatives and members of the FOP shall not engage in Union business while on-duty, or while on any City property, or while operating or being in any City vehicle or any other City property unless otherwise specifically permitted by this Agreement, including paragraph two of this article.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7,2018

5. Any action taken by the City Manager or Manager's designee concerning the solicitatian of City employees far membership in a collective bargaining unit induding, signing up af

, ... "~~.-- ····-m-emjjer::s;.GQlleGtion~0f~rnitiatlon~fee.s)-due.s~01"-a.sse~ssment~s, meetings, distrliJj~tion~of~'"C-"

bargaining unit or affiliated bargaining unit literature ar any other business activity of the bargaining unit an City time and during the working haurs af City emplayees, ar an any City property, ar in City veh ides ar any other City praperty shall nat be a grieveable offense.

ARTICLE 6. PERSONNEL RECORDS

1. Emplayees cave red by this Agreement shall have the right to' inspect their afficial persannel file and/or their clased Internal Affairs file upan written request thraugh their chain af cammand both af which shall accur during narmal business haurs under the supervisian af the respective recards custodian or the custodian's designee. Emplayees shall nat be campensated should said inspection accur autside emplayee's regular duty hqurs. The employee shall have the right to' have duplicate copies of any items in their official files created for them, upan payment af the usual charge thereof.

2. Emplayees covered by this Agreement shall receive capies of any item that is placed in the employee's official personnel file. Emplayees cavered by this Agreement shaH also. have the right to' add written responses to' any such item that is placed in the employee's afficial personnel file. All written respanses to' such items shall be sent to' the Chief of Police via chain of cammand nat mare than ten (10) working days following the day af receipt of such items by the employee. Written responses shall strictly parallel the item(s) af can cern. Any refusal to' sign any dacument shall be docu mented an all copies by the issuing afficer (Le. "Emplayee Refused to Sign"); hawever, no retaliatary ar disciplinary action shall be taken against any employee who refuses to' sign such a document.

3. To the .extent permitted by law, all persannel recards af the employees shall be kept confidential and shall not be released to' any person except; autharized afficials of the City, or in respanse to' a subpaena from a court af competent jurisdiction, ar upan written autharization from the emplayee. In this regard, the FOP recognizes the City'S obligation to cam ply with Chapter 119, Florida Statutes.

4. At no. time shall the news media be directly furnished with the hame address ar hame telephane number af any emplayee or his relatives without the express written consent af the employee.

5. The City shall purge, upon written request fram the employee covered by this Agreement, all records af counseling/coaching and oral warnings from the employees' personnel files after one (1) full year of service during which the employee does not receive further counseling ar

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

oral warnings of a similar nature. The City may also purge such records as authorized by Florida State Statute, Title X, Chapter 119 and Title XVIII, Chapter 257.36. Such documents shall be kept in a separate file until they are purged.

~====~===================~==-o_-~~ __

ARTICLE 7. INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC

1. The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Furthermore, the parties recognize that the performance of such duties requires the involvement of those employees in all manner of contacts and relationships with the public and out of such contacts and relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest and trust.

2. In order to maintain the security of the City and protect the interests and trust of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted utilizing FS 112.532.

3. An employee, who is criminally charged in any jurisdiction with a felony or a serious misdemeanor including but not limited to, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review ofthe circumstances by the Chief of Police, be relieved of duty without pay and benefits. If exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty without pay. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums, during the relief from duty ~ri~. .

4. Should disciplinary action result from an internal investigation, an employee may, at the option ofthe Chief of Police, be allowed to use vacation leave to satisfy a suspension which is for five (5) days or less.

ARTICLE 8. SHIFTS

1. Seniority shall consist of continuous accumulated paid service in a police classification. Seniority shall be computed from the date of appointment to the police classification and shall accumulate during paid absences because of illness, injury, vacation, military or other

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined as set forth in paragraph 4. c. below.

2. Non-probationary patrol officers and sergeants shall bid (semi-annually) for their choice of shift assignments and days off. Days off shall not be bid until shift assignments are set, including the Chiefs mandatory assignments, if any. The determining factor in said bid process shall be each employee's seniority as defined in paragraph 4. c. below. In order to meet Department operational needs, the Chief may, at his discretion, make no more than two specific assignments to each shift (during the semi-annual bid process) The Chief's aSSignment of six officers in total is without regard to seniority and appealable only to the City Manager.

3. A seniority list by shift and work assignment shall be established and shall be utilized when the Department calls in, or holds over, personnel, except in emergency or unusual situations.

4. The parties understand and agree that Seniority for the purposes of this Agreement, unless otherwise stated shall be determined within each rank for employees covered by this Agreement. Additionally, notwithstanding the above, the following shall be adhered to for purposes of determining seniority as follows:

a. Seniority within Sergeant's Rank shall be determined by date of promotion to that rank. In case of ties, the same procedure outlined in paragraph c. shall be utilized.

b. Seniority within a Specialized Unit shall be determined by length of assignment within that specific specialized unit (CID, Motors, K-9) and solely within that specialized unit, and such specialized unit seniority has preference and precedence over departmental seniority. In case of ties, the same procedure outlined in paragraph 4.c. shall be utilized.

c. Departmental Seniority shall consist of continuous accumulated service within the City of South Miami Police Department. Departmental Seniority shall be computed from the date oftaking the Police Officer's Oath with the City of South Miami. Where two or more officers take the oath on same date, the drawing of lots shall determine which officer is senior to the other.

5. Vacancies in specialized units shall be filled by permanent employees in all cases unless no permanent employee can demonstrate the experience or the best potential to properly function in such assignment. Should no permanent employee demonstrate said capacity, probationary employees may be considered. Assignment determinations shall be made by the, chief of police based on the recommendations of a selection panel appointed by the chief and such assignment determinations are not grievable.

6. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee to be laid off who has advanced to his present

6

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

classification from a lower classification in which he held a permanent appointment, shall, to the extent approved by the Chief of Police and upon the employee's written request, be given a position in a lower classification in the same Department. Such employee's seniority in the

__ .. . ... l<iwer,:-Classifi~ati6ri~t:iall~lie~e.staol i5t:1ed~aGG0rd rn·g=t0~tl1e:d at~af~ttu~~em~rQye~~pe~manent~ ..... . appointment to that classification. Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off. No new employee shall be hired in any classification until all applicable employees on lay-off status in that classification for which they are qualified, have had an opportunity to return to work. Written notice of recall shall be sent by certified mail to the employee's last known address, as long as the employee is still qualified to be an Officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) calendar days of receipt of recall notice, and must return to work within twenty-one (21) calendar days from receipt of recall notice. An employee will be kept on the callback list for two (2) years.

7. Upon application to the Chief of Police, or the Chief's designee, and his approval, employees may exchange shifts,provided that:

a. The shift exchange is between employees of like rank and experience.

b. The shift exchange is requested in writing at least ten (10) working days in advance by both employees involved in the exchange.

8. When a vacancy occurs on a patrol shift, the entire shift shall re-bid days off no later than two weeks after the vacancy has been filled. This provision shall apply only to the shift on which the vacancy occurs and not to any other shifts. This re-bidding provision also does not apply should the Chief of Police approve an exchange of shifts as provided for in paragraph 6 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift/days off picked.

9. The Department shall not modify, alter, adjust or otherwise change an employee's shift in order to avoid the payment of overtime for the purpose of staffing the following pre-planned City special events:

• Santa's Elves Parade

• Fourth of July

• Martin Luther King Parade

• Safe Streets Halloween

.10. The chief retains the right to transfer employees from shift to shift to meet arising operational needs. After a transfer between shifts, days off will be re-bid if the new assignee is junior to others on that shift. The rebidding ofthe shift will onl', shall only be applicable during the first

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

thirty days of each semiannual shift change. Shift transfers are appealable via the chain of command to the chief of police. Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified. Bargaining I:Init employees may e*ercise an ap~~~ean(fnleeit't' ffianager'iiitRiR 3 83'/5, rR,~·~'i;itiRg,igeRtififFlgtherreoncerns-;SuGh=t~an5fers are not grievable to the city manager.

ARTICLE 9. VEHICLES AND SAFETY EQUIPMENT

1 The City will make a good-faith and energetic effort to maintain Police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable Florida State Statutes governing motor vehicle safety equipment. Employees will, as soon as possible, report any broken and/or malfunctioning equipment to their Supervisor, but no later than the end of their shift. Employees shall keep the vehicles cleaned and fully fueled at the start of their shift. It is the responsibility of Officers with assigned take-home vehicles to promptly deliver their vehicle to the Motor Pool or dealership as appropriate, when repairs are necessary or for scheduled preventative maintenance.

2 The City shall, insofar as possible, equip its marked patrol vehicles with the appropriate lights, siren, first-aid kit, emergency road flares, yellow crime scene tape and fire extinguishers.

3. The City shall furnish riot gear (torso, shoulder, leg and knee, forearm, and gloves) and helmets, riot shields (if applicable) and gas masks individually to all uniformed Officers and Sergeants as necessary. The City shall furnish one flashlight and firearm (of the design approved by the Chief of Police) along with the appropriate amount of ammunition for the authorized and issued firearm to each sworn Law Enforcement Officer covered under this Agreement.

4. Employees agree to be bound by and abide by the Take Home/Assigned Vehicle Policy, as may be revised by the Chief of Police from time to time. The City shall provide the FOP with two (2) weeks advance notice of any modifications to the aforesaid Take-Home Vehicle Policy which become effective after the ratification of this Agreement.

5. Upon ratification of this Agreement, sworn Law Enforcement Officers covered under this Agreement shall be responsible for the timely changing of motor oil and vehicle filters which shall be done at the City of South Miami Motor Pool Publi,c Works Department. Failure to do so on a timely basis will be a violation of this Agreement and the subject of potential disciplinary action. Employees having a take home vehicle shall pay the City twenty five dollars for each scheduled oil change. Employees will not be compensated for any time incurred with a scheduled oil changes and/or maintenance conducted while the employee is off-duty.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

6. The bargaining unit member must submit a copy of the receipt detailing the vehicle license plate number, the make and model ofthe police vehicle, the name ofthe driver, and the date

of the motor oil change, and the name, address of the establishment performing the work. ---= ·&a€fl~bargaTnT,,-g~u n i~-mem be r~mtist~f-etajn~a~eo-p;tof~th e~recejpt~for~a~pefiod~()f~th~re~oyeCl rs 'a nd- ...

must make it available upon request by the Chief of Police or the Chief's designee.

ARTICLE 10. PROMOTIONS

1. Employees shall be eligible to take a promotional examination after three continuous years

of service as a Police Officer in the South Miami Police Department.

2. Promotional examinations shall be in accordance with validation standards and techniques

as established by the Chief of Police. Criteria to be used by the Chief of Police for promotions shall be promulgated and distributed to the bargaining unit at least forty-five

(45) Calendar days prior to any examination.

3. The City will list the areas which the examinations will cover and the sources from which the.

examination is drawn. At the conclusion of the examination, the names of all those employees who passed the examination shall be put onto a promotiC!nal eligibility list.

4. Whenever a budgeted promotional vacancy exists in a Police Sergeant classification, the City shall fill such vacancy within thirty (30) working days from an existing eligibility list, to the extent practicable, if a valid eligibility list is in existence. A promotional eligibility list will expire two (2) years from the date of the examination, which led to its creation.

5. The probationary period of employees promoted to Sergeant shall be one (1) year. An employee promoted to Sergeant and then demoted within the probationary period shall have no right of review or appeal, concerning such demotion.

6. The Chief of Police will have authority to promote any of the three (3) top ranked candidates

on the eligibility list.

ARTICLE 11. TRAINING

1 The City will provide midnight shift law enforcement officers covered by this Agreement, administrative leave for the last four(4) hours of their regular duty for weapons training if the training is approved by the Chief of Police and the training is within four (4) hours of the end of their tour of duty for that work week.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

2 The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place and/or disseminate via email, City training bulletins as well as approved training advertisements.

3. The City agrees to pay for certain courses. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requ irements. The City may provide additional training at its discretion.

4. The City shall have the right to change or alter work when scheduling training. To the extent practicable, the City shall give forty-eight (48) hour-notice to employees of such off- duty training.

5. The City shall provide weapons training for all employees at least once annually. This training is in addition to the training provided under paragraph 3. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department in accordance with Article 30. The Department will make every reasonable effort to facilitate the attendance at the firearm range during an employee's normal working hours. In the event the Department is unable to schedule the employee to attend the firing range during his normal working hours, the employee may be required to attend the firing range during his off-duty hours. The City agrees to provide ammunition for firearms training.

ARTICLE 12. GRIEVANCE AND ARBITRATION PROCEDURE

~ In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of this Article, a grievance is defined as, any dispute, difference or controversy involving the interpretation and application of this Agreement.

2 Calendar Days is defined as any day of the week including Saturday and Sunday and holidays.

3. Working Days is defined as any business day Monday through Friday and excludes Saturday and Sundays and holidays.

4. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of the applicable Article, the grievance shall be considered conclusively abandoned. Any grievance not timely responded to by management within the prescribed time limits shall automatically advance to the next higher step.

5. Grievances shall be presented in the following manner:

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

STEP 1: The grieving employee shall first take up the grievance with the employee's

immediate supervisor within seven (7) calendar days of the occurrence of the event(s) == -wfiiGh~ga-ve~ase~f0~the=g~ie\ianGe~:0r~lf~tfie~-empr0ye~is~on~auth0rolz€id~leave~dufing-othat---···

time, then within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be, and the seventh day shall hereinafter be referred to as the "Step 1 Deadline Date". This first step (between the employee and the

immediate supervisor) shall be on an informal and verbal basis and shall not involve the

FOP or any other representative of the employee. The immediate supervisor shall complete a grievance transmittal form ("first grievance transmittal form") within five (5)

days of the meeting and it shall note nature of the grievance and the date and time of the discussion. If the grievance is not general in nature and does not fall under the duties and responsibilities of the immediate supervisor, then the immediate supervisor shall, within

seven (7) working days of receiving the verbal grievance, forward the completed grievance transmittal form to the appropriate supervisor. Such supervisor shall: (a) meet with the employee and give a verbal response to the employee within 7 working days of

receipt of the first grievance transmittal form; and (b) shall complete a second grievance transmittal form within five (5) days of the meeting noting the nature of the grievance and the date and time of the meeting.

STEP 2: Any grievance which cannot be satisfactorily settled in Step 1 shall be put in Writing and delivered to the supervisor immediately above the appropriate supervisor in Step 1 within seven (7) working days of the meeting with the appropriate supervisor in Step 1. The Step 2 supervisor shall, within ten (10) working days after receipt of the written grievance (or such longer period of time as is mutually agreed upon), render a written decision on the grievance.

STEP 3: Any grievance which cannot be satisfactorily settled with the appropriate supervisor in Step 2 shall next be taken up with the Chief of Police, or the Chiefs designee, either by the employee himself, or through a representative of the FOP, at the employee's option. The grievance as specified in writing in Step 2 shall be discussed by and between the employee (or the representative of the FOP and the employee) and the Chief of Police or the Chief's designee, within seven (7) working days after the completion of Step 2. The Chief of Police, or the Chief's designee, shall within ten (IO) working days after the discussion (or such longer period of time as is mutually agreed upon), render a decision in writing and deliver a copy to the FOP and the grievant;

STEP 4: In the event the employee is not satisfied with the disposition ofthe grievance in

Step 3, he shall have the right to appeal the decision of the Chief of Police, or the Chief's designee, to the City Manager, or the Manager's designee, within seven (7) working days of the date of issuance of the decision of the Chief of Police or the Chief's designee. Such appeal must be made by delivering a copy of the original written grievance, to the City Manager with a copy to the Chief of Police, together with a letter, signed by the employee, or the representative of the FOP, requesting that the decision of the Chief of Police, or

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

the Chiefs designee, be reversed or modified ("Notice of Appeal"). The City Manager, or the Manager's designee, shall meet with the employee and/or the FOP representative within seven (7) working days of receipt of the Notice of Appeal. The City Manager, or the

===' -M~fiiag'ef~s~desig'n~ae;~snall;::witniri=fiffeen:(~l:S,)~woi:king::aay-s~i5nffe~ii~Geipt~Qnhe~NotiGeof,.

Appeal (or such longer period of time as is mutually agreed upon) render a decision in writing and deliver a copy to the FOP and the grievant.

6. Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee ("Class Grievance"), or if the grievance is directly between the FOP and the Department or the City ("FOP Grievance"), such grievance shall be presented in writing directly to the Chief of Police within ten (10) working days of the occurrence of the event(s) that gave rise to the grievance. The Class Grievance shall be signed by the aggrieved employees and the Representative of the FOP. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 3 and Step 4.

7. If the grievance involves discharge, suspension or demotion of the employee, such grievance shall be filed at Step 4 within ten (10) calendar days from the date that the employee receives the {(Final Discipline Notice". The Final Discipline Notice is the disciplinary report or memorandum signed by the Chief of Police or the Chief's designee, containing his recommendation for disciplinary action against the employee.

8. Coaching and counseling shall be filed at the appropriate initiation level and shall only be grieveable up to Step 3 of the Grievance Procedure. Written reprimands shall be filed at the appropriate.initiation level and shall only be greivable to Step 4 of the Grievance Procedure. Therefore, such action shall not be the subject of arbitration. Satisfactory evaluations are not grieveable and, therefore, they shall not be the subject of arbitration; however, the employee may forward his or her comments regarding such evaluation through the chain of command prior to the Reviewer's finalization of the evaluation. In addition, matters relating to the assignment, hiring, promotion, or demotion of probationary employees, as well as any decision by the City Manager on any matter not involving loss of pay shall be final and binding and not be the subject of any arbitration.

9. In the event that a grievance that has advanced to Step 4 has not been resolved, the grievant may demand arbitration of the grievance, if it is arbitral. The demand for arbitration shall be delivered to the City Manager within fifteen (15) working days after the City Manager, or the Manager's designee, renders a written decision on the grievance. All other matters not deemed grievable or arbitral or other matters that have been deemed by this Agreement to not be the subject of arbitration, including those relating to the assignment, hiring, promotion, or demotion of probationary employees, as well as any decision by the City Manager on any matter of discipline_not involving loss of pay shall be final and binding and not be the subject of any arbitration The parties shall attempt to mutually select an impartial arbitrator within seven (7) calendar days after a demand for arbitration has been made pursuant to this Article. The arbitrator shall be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said

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impartial arbitrator within fifteen (15) days of the demand for arbitration, the grievant must file his grievance with the Federal Mediation and Conciliation Service (FMCS) within twenty (20) days of the delivery of the demand for arbitration and shall request a panel of five (5)

.- - __ -- -=nanfes~th~p;~:iitie-s~J:laII~make:theTr~Gfi0iGe":;Gf~tlle~impartfal~ar,bitl'ater~by:';'aiternately~n]nk ordering the panel of arbitrators (Le. 1-7 with 1 being the most acceptable and 7 being the least acceptable) within seven (7) calendar days after receipt of the panel from FMCS. The parties may, by written mutual agreement, extend the time frame for rank ordering the panel of arbitrators. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) calendar days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Either party may reject up to two (2) arbitration panels in any given case.

10. The City and employee, or the FOP with the written consent of the aggrieved employee shall mutually agree in writing as to the statement of the grievance to be arpitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. The arbitrator shall not have the power or authority to interpret the unambiguous provisions of this Agreement.

11 Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost.

ARTICLE 13. HOLIDAYS

1. The following paid holidays shall be granted under the following conditions:

i. January 1 New Year's Day

ii. 3rd Monday of January Martin Luther King's Birthday

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

iii. 3rd Monday of February President's Day

iv. 4th Monday of May Memorial Day

v. July 4 Independence Day

vi. 1st Monday of September Labor Day

vii. Columbus Day

viii. November 9 Veteran's Day

ix. Last Thursday in November Thanksgiving Day

x. Friday after Thanksgiving

xi. December 24 Christmas Eve

xii. December 25 Christmas Day

2. When a holiday falls on the regularly assigned day off for an employee, such employee shall receive, at the employee's option, an additional day's pay at their straight-time rate of pay, or compensatory time at their straight-time rate of pay.

3. Birthday and two floating holidays will be credited to the employee after 1 year of continuous service and shall only be taken as leave time.

4. Upon ratification of this Agreement, holidays will be observed on the actual day it falls on.

ARTICLE 14. SICK LEAVE

1. Sick leave shall be granted to employees for absence for the following conditions:

(a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service-connected injury or accident.

(b) Medical, dental or optical treatments and examinations.

(c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of his position and arising from a service-

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

connected injury or aCcident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory.

(d) Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member ..

2. Employees shall be credited with one (1) day of sick leave at the end of each month active duty during the year.

3. Sick leave may be taken only to the extent that it is accumulated. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager.

4. Employees hired before October 1, 1995 will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout

5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by section 4 of this Article.

6. All current employees as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no- cap" maximum on sick leave accrual. Employees who have not personally utilized more than thirty-two (32) hours of sick leave within a consecutive twelve (12) month period and now have a sick leave balance greater than 30 days (240 hours) shall be eligible to convert up to 5 days (40 hours) of sick leave to annual leave, provided that the employee retains sick leave minimum balance of 200 hours. The catastrophic illness bank will be abolished and accrued hours will return to employees who have accrued this leave.

7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such unearned leave, unless employment is terminated by the death of an employee, or the employee is unable to return to duty because of his disability, the evidence of which shall be supported by an acceptable medical certificate.

8. In all cases of absence on sick leave in excess ofthree (3) working days and in cases of absence on sick leave for any period less than three (3) working days when the Personnel Manager or Chief of Police, or the Chief's designee, ('IDepartment Head") shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee, certifying as to the incapacity of the employee during such period to perform the usual duties of the employee's position. Such directives of the Personnel Manager or Department Head shall be valid and in force for a period not to exceed twelve weeks. The Personnel Manager or the Department Head may

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

issue additional directives not to exceed twelve weeks in duration, in their discretion with the approval of the City Manager. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3)

=-- - -w6r;kaaysror';'fer~any~absenGe~wllenese"(jireeted"by~the~E>epartment~Head~or~Personnei~Office; -shall result in the absence being charged to the employee's vacation leave.

9. The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege.

10. In the event an employee is killed in the line of duty, or by natural causes, his heirs shall receive one-hundred percent (100%) of his accumulated sick leave time.

11. It is further understood and agreed that all issues pertaining to sick leave usage shall be governed by City of South Miami Sick Leave Policy

ARTICLE 15. BEREAVEMENT LEAVE

1. Employees covered by this Agreement after providing adequate notice concerning the death of an immediate family member shall be entitled to bereavement leave with pay up to a maximum of four (4) workdays in the event of such death.

2. Two additional days of leave may be granted if travel in excess of 250 miles one way is necessary.

3. The phrase "immediate family" shall be defined as the employee's spouse, grandparents, parents, stepparents, children, stepchildren, grandchildren, brothers, stepbrothers, sisters, stepsisters, father-in-law, mother-in-law, brother-in-law, sister-in-law, and domestic partner.

4. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager, or the Manager's designee, before compensation is approved.

5. Bereavement leave shall not be charged to sick leave or annual leave.

6. Should an employee require more bereavement leave in excess of the allotted time, he may request additional time not to exceed ten (10) days. Such requests must be submitted at least five (5) days prior to the start of the requested leave and be pre-approved by the Chief of Police, or the Chief's designee. Moreover, the employee requesting such additional leave must have at least ten (10) days in either his vacation or compensatory leave banks, from which the requested time will be deducted.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

ARTICLE 16. LEAVE OF ABSENCE

1 Leave without pay and without benefits may be granted by the City Manager for a period not to exceed six (6) calendar months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non-job-related disabilitY,or bereavement. Leave without pay may be granted by the City Manager to an employee for a period not to exceed one (1)

calendar month for any other purpose.

2 Leave without pay granted to any employee shall not to be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee.

3. Any employee granted leave without pay for six (6) months or more, shall not be entitled to return to his original position if it is not available but shall be entitled to be placed in another job position for which he qualifies and only if a job position is available. It is clearly understood that if the job position last held has been filled or eliminated, the Department will make every effort to place the employee in another job position for which said employee qualifies. If placed in another job position, said employee shall be entitled only to the wage scale for such new position. If no job position is available, the Department will give priority to said employee as soon as a new job position for which the employee qualifies, is available.

ARTICLE 17. VACATION LEAVE

1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service Amount of Vacation

a) 1 to 5 years inclusive. 8 hours per month

b) 6 to 14 years inclusive. 10 hours per month

c) 15 to 19 years inclusive. 12 hours per month

d) 20 years and over. 14 hours per month

(i) Vacation shall require approval of the Chief of Police or the Chief's designee, and at no time shall an employee be allowed more vacation leave than has been accumulated.

(ii) Earned vacation leave is principally intended for use during the year in which it is earned. Under exceptional circumstances and upon written request

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

within the year in which the vacation leave is earned, such time may be used up to 30 calendar days past the employee's anniversary date with the written approval of the City Manager.

(iii) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police, upon written application by the employee in advance, and at the convenience of the City.

(iv) Any earned and credited vacation leave to the credit of an employee in good standing when he terminates his employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received.

ARTICLE 18. EXTRA-DUTY POLICE EMPLOYMENT

Employees agree to be bound by and abide by the Extra-Duty Police Employment policy as developed by the Chief of Police. The City shall provide the FOP with two (2) weeks advance notice of any modifications to the aforesaid Extra-Duty Police Employment policy which becomes effective after the ratification of this Agreement.

ARTICLE 19. INSURANCE BENEFITS

The City agrees to pay for HMO health insurance for all employees covered by this Agreement. Employees wanting the optional pas or PPO health insurance will pay the difference between the HMO plan and the optional plan chosen. The City will attempt to continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100% of dependent coverage for health and dental insurance.

ARTICLE 20. HOURS OF WORK AND OVERTIME

1 Forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour workweek unless the employee actually works forty (40) hours. Actual hours worked shall not include hours when work is not done such as during time off for sick leave, birthday, holiday, floating holiday, or vacation leave, whether or not any of this time is pre-approved.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Compensatory leave will be considered as time actually worked. Employees whose hours of actual work exceed forty (40) hours in a workweek shall be compensated at the rate of time and one-half of the employee's regular straight-time rate for all time worked in excess of 40

--,~~houi:s_in,;a~wbr:kweek.~AII-available~overtime~shall-be-offered~to=bargaining~unit-empI0yees,in

order of seniority unless the existence of emergency or exigent circumstance do not allow a reasonable amount of time to contact employees on a seniority basis or unless the work involves 'crime prevention details' burglary details, traffic, 'Wolf-pack' details, etc.

2 If an employee covered by this Agreement is called to work at a time outside his scheduled working hours after he has actually worked a forty (40) hour workweek, he shall receive a minimum of four (4) hours' pay at the rate of time and one-half his regular-straight time for such work occurring outside his scheduled working hours. However, if the employee is called to work during a holiday, the employee shall be paid in accordance with Article 13 and not this Article.

3. Employees who are required to attend an off-duty deposition or court appearance after having actually worked a forty (40) hour workweek and when the appearance is as a subpoenaed witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases involving or arising out of the discharge of the employee's duties in the course of his employment with the City, he will receive a minimum offour (4) hours pay at the rate of time and one half of their regular straight-time rate. Employees shall be allowed to retain witness and travel fees received for court and deposition appearances.

4. Employees, who participate in authorized special events for the City, shall be entitled to be paid at the rate of time and one-half of the employee's regular straight time rate regardless of actual hours worked during that pay period.

5. If the officer is required to hold over for any reason within one hour of the normal tour of duty after having actually worked a forty (40) hour workweek, it will be considered an extension of the shift} entitling the officer to overtime pay.

6. Insofar as possible, employees covered by this Agreement shall be given forty-eight (48) hours' notice of any changes in their regular hours of work. Further, insofar as possible, the Department will avoid scheduling an employee to work on continuous shifts. Should an employee be scheduled to work continuous shifts, their days off may be adjusted within the same pay period by the Department. Employees shall be given two (2) weeks' notice of normal shift change.

7. No supervisor or official shall take action to cause the non-payment of overtime in circumstances wherein an employee covered by this Agreement has performed work, which entitles him to payment of overtime as provided herein, provided that nothing herein shall restrict the City or the Department from altering work schedules or taking any other action

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

to reduce the number of overtime, court time, or call-out hours worked by the employee covered by this Agreement.

K:"'~~Ih~tD.epar;troerRreserves-the~tightt6jnstitute~any,pr:ocedur:e~or:systemjt-deems_appropriate

to measure, record and/or verify attendance at and duration off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance under Paragraph 3 above.

9. Employees, who participate in authorized special events for the City, shall be entitled to be paid at the rate of time and one-half of the employee's regular straight time rates regardless of actual hours worked during that pay period.

1Q Compensatory time shall be administered in accordance with the following guidelines:

(a) Compensatory leave may be accrued to a maximum oftwo hundred forty (240) hours. Certain current employees, who have an accrual in excess of the current cap, will be "grandfathered" to allow them to retain their accrued balance. However, such employees shall not be eligible for accrual of any additional compensatory leave until their balance falls below the 240 hour cap and at that time their accrual cap becomes 240 hours.

(b) Compensatory leave may be taken in unlimited blocks of time, provided operational needs have been met, as determined and approved by the Chief of Police.

(c) Compensatory leave shall be requested in writing at least one (1) week prior to the effective date of requested leave or the one (1) week time frame is agreed to and waived by the Chief of Police or the Chief's designee. Approval or disapproval shall be made within 3 business days after the request is submitted. Under exceptional circumstances and as approved by the Chief of Police, the time limits for request of compensatory leave may be waived.

(d) Once approved, compensatory leave will not be canceled by the Department unless warranted by an emergency situation, as determined by the Chief of Police, exists.

11 The Chief of Police will conduct a straw poll of all Sergeants and Officers to proceed in adopting a 10 and/or 12 hour shift. If the majority of Sergeants and Officers who participated in the poll agree to adopt a 10 and/or 12 hour shift, the Chief of Police or designee will prepare and present a Memorandum of Understanding (MOU) within 30 days of said polling affirming such approval. The Chief of Police reserves the right to adopt 8, 10 and 12 hour shifts for different Divisio'ns and/or assignments.

ARTICLE 21. MANAGEMENT RIGHTS

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

1 The FOP and its members recognize that the City has the exclusive right to manage and direct all of its operations and when these rights are exercised they shall not be the subject of any

-- --~:grievanGe.=AGGordinglyj-t-he-City--speGfficaIIYTbut---not--by-way~of-limitation;--reserves the exclusive right without redress by the employees or the FOP to:

a. Decide the scope of service to be performed and the method of service;

b. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment;

c. Fire, demote, suspend or otherwise discipline employees for proper cause includ ing a violation ofthe criteria and standards for employment

d. Promote and determine the qualifications of employees;

e. Layoff and/or relieve employees from duty due to lack of work;

f. Transfer employees from location to location and from time to time;

g. Rehire employees;

h. Determine the starting and quitting time and the numbers of hours and shifts to be worked subject to Article 20;

i. Determine the allocation and content of job classifications;

j. Formulate and/or amend job descriptions;

k. Merge, consolidate, expand, curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such action adVisable;

I. Contract and/or subcontract any existing or future work;

m. Expand, reduce, alter, combine, assign, or cease any job;

n. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement;

o. Control the use of equipment and property of the City; Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof;

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

p. Schedule and assign the work to the employees and to determine the size and composition of the work force;

.-~-----~.~~-q .. -~Determine-'-the"':'ser-viGes-to--be---provided--t0-~the~publiG--and~the--maintenancej· procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment;

r. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations;

s. Formulate, amend, revise and implement policy, programs, rules and regulations;

t. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above, including the right to make unilateral changes,

2. The above rights of the City are not meant to be all-inclusive, but are meant as illustrations, which indicate the type of matters, or rights, which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering their collective bargaining Agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement.

3. If the City fails to exercise anyone or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions.

ARTICLE 22. WORK STOPPAGES

1. The FOP agrees that, under no circumstances, shall there be any work stoppage, strike, improper political activity, sympathy strike, safety strike, jurisdictional dispute, walkout, sit­down, stay-in, sick-out or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketing in the furtherance of any of the above-prohibited activities, nor shall any bargaining unit personnel refuse to cross any picket line at any location, whether the picketing is being done by the FOP or any other employee organization or union.

2. The FOP agrees that the City shall retain the right to discharge or otherwise discipline one, some, or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above, the exercise of such rights by the City will not be subject to recourse under the grievance/arbitration process.

3. It is recognized by the parties that the improper activities enumerated in paragraphs I and 2

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AGREEMENT BETWEEN FOP AND CSM RA TI FI ED BY FOP SEPTEMBER 7, 2018

above, are contrary to the ideals of professionalism and to the City's community responsibility. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any

-~----GO u r-t~of-i;:o m petent-j u risd iGtion.----- ---------------------- ---~- -~-- ----- -------------------- --

4. For the purpose of this Article, it is agreed that the FOP shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. In addition to all other rights and remedies available to the City under State law, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate this collective bargaining Agreement, withdraw recognition from the FOP, and cease dues deductions.

ARTICLE 23. AWARDS

The City and Employees agree to be bound by and abide by the Awards policy as developed by the Chief of Police.

ARTICLE 24. MILITARY LEAVE

Any employee covered by this Agreement shall provide a minimum of two weeks advance notice of their official orders requiring their attendance for training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard and shall be entitled to military leave pursuant to Chapter 115.07, Florida Statutes.

ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE

An employee authorized to use their private automobile by the Chief of Police or the Chief's designee in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee's residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case-related conferences and depositions.

ARTICLE 26. BULLETIN BOARDS

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

The City shall permit the FOP to post notices of an informational' nature and names and addresses of officers, directors, and representatives of the Employee Organization on a bulletin board in roll call room of the Police Station, or other location as may be necessary as

______ deter:mjned~by~the-Chief..cif-P-oliCe.-A,copy-of-eachnotice-to-be--posted-shall-be-approved by the Chief of Police or the Chief's designee prior to posting. Under no circumstances shall the FOP tender for posting, any notice or material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An Officer of the FOP shall sign each notice to be posted.

ARTICLE 27. SEVERABILITY CLAUSE

Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted State or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties may meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement.

ARTICLE 28. COMPENSATION

1. Bargaining unit employees who serve as Field Training Officers (HO) pursuant to the criteria below will receive a base hourly rate supplement of seven percent (7%) during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) possess an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs flO duties. The seven

, percent (7%) FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. The assignment pay shall be tied to the base salary for overtime and pension calculation.

2. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive seven percent (7%) of his/her base hourly rate as a supplement for each full day worked in the higher rank. The assignment pay shall be tied to the base salary for overtime and pension calculation.

3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee.

4. Employees covered by this contract will continue to receive $50 hazardous duty pay bi­weekly. This hazardous duty pay will not be used for pension calculation.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

5. Police officers assigned to uniform patrol who are covered under this Agreement and are assigned to afternoon or midnight shifts shall receive a shift differential pay of$0.35

_____ (afteIl]Qon __ shift)~OL$0.50-.(midnighLshift).-Sergeants-assigned-to-unifor:m-patrolwho are· covered under this agreement and are assigned to afternoon or midnight shifts shall receive a shift differential pay of $0.45 (afternoon shift) or $0.60 (midnight shift). The shift differential, for overtime and pension calculation, is not tied to the base. Hours must be actually worked in order to receive the differential pay.

6. Upon ratification Police Officers and Sergeants covered under this Agreement who are assigned to the following specialized units shall be eligible for an assignment pay of $80 per pay period. The assignment pay is not tied to the base for overtime and pension calculation. Employees eligible for specialized unit pay will only be eligible for one such $80 increase regardless of how many specialized units they participate in.

a) Motors/Traffic Unit

b) G.I.U.

c) S.I.U.

d) Community Patrol/PAL

e) K-9 f) SWAT

7. Upon ratification bargaining unit members shall receive an 8% cost of living adjustments based on the Consumer Price Index for the last 5 years - All Urban Consumers 12-Month Percent Change for the Miami-Ft. Lauderdale FL area (CPI), (computed as the aggregate, of the last 5-years of COLA years of the COLA shall, 12-month average change percentage). Payments shall not be retroactive and the last five (5) years of the COLA shall only be used for calculating this onetime increase.

8. For the purposes of this agreement the Consumer Price Index shall be calculated as follows - All Urban Consumers 12-Month Percent Change for the Miami-Ft. lauderdale FL area (CPI) which shall have the effect of increasing the pay for each employee, unless the CPI is zero or is negative, which shall then have no decreasing effect on the employee's pay. The cap on the CPI increase shall be at 3.0%.

9. Effective October 1, 2018, the merit step pay program shall be implemented and begin as follows for all Officers and Sergeants: A merit pay increase will be available to be awarded at the end of the month upon completion of an anniversary year within the employee's classification provided he meets the provisions contained in this Article.

Step 1: 3.5% Step 2: (PI

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Step 3: 3.5%

Step 4: CPI

Step 5: 3.5% ----------Step-6":-CPI--- -----------~----- ---------------------- ---- ----------- -- - ----- ----

Step 7: 3.5%

Step 8: CPI

Step 9: 3.5%

Step 10: CPI

Step 11 (Year 15): 5% Step 12 (Year 20): 5%

lQ Within the twelve (12) month period immediately preceding the effective date of the merit

increase Employee must not have any of the following (these rules do not apply for the CPI

increase):

i. Received a score below 3.0 on the annual performance review

ii. A sustained or upheld Suspension

If an employee has been suspended, then once the suspension has ended and it has been

resolved and finalized in the employee's records, then the employee can request to be

reviewed again for merit pay increase. An employee that has a suspension or annual

performance review overturned through the appropriate appellate process may be entitled

to the applicable merit pay increase he would have otherwise received at the time.

11 An Employee must be an employee of the City on the date the merit pay increase is scheduled to be awarded.

12 An employee promoted to Sergeant will receive a one (1) time 10% increase regardless of which step he has attained in the merit based step system. The employee will continue to receive eligible steps based on the merit based step system.

ARTICLE 29. PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS

Except as specifically provided herein, neither party hereto shall be permitted to re-open this Agreement or any part of this Agreement. This Agreement contains the entire Agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

ARTICLE 30. UNIFORMS AND EQUIPMENT

1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following:

(a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (e) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) Duty belt and accessories to include: but not be limited to: handcuffs

case cartridge case, holster and hand held radio holder; (g) The appropriate quantity of ammunition; (h) One (1) jacket with zip-out lining; (i) One (1) pairs police low quarter corfam shoes and one (1) pair

alternative footwear (IE Boots, sneakers Etc.); (j) Raingear

2. The a bove items shall be replaced as needed, by the City, within a reasonable amount of time after the employee has submitted a written request. Such requests shall include the reason for replacement and is contingent upon approval ofthe Chief of Police orthe Chief's deSignee, via the chain of command.

3. Commenclng with the ratification of this Agreement, employees who are required to wear non-issued clothing will receive a clothing allotment of $700 dollars annually. One-half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day.

4. Commencing with the ratification of this agreement, uniformed employees covered under this Agreement will receive a clothing allowance of $400 dollars annually. One-half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. Any employee who receives a clothing/uniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance deducted from the final paycheck. No final paycheck will be given the terminated employee until all city-owned property such as uniforms and eqUipment, IDJ etc. has been returned to the City.

5. Commencing with the ratification of this Agreement each bargaining unit employee covered

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

by this Agreement shall be provided with a level III A bullet resistant vest. The wearing of the vest will be in compliance with Department policy .

... . 6 .... Each.Officer.(uponrequest).will..:be .. issued.surgicaI.gloves·anda .plastic.pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed.

7. Employees shall be issued hand held batons (ASP) with holsters and shall receive appropriate train ing for use of such ASP prior to issuance.

8. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife

(The blade of which shall not exceed three inches in length) and case, the finish of which matches the duty belt accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case.

ARTICLE 31. PHYSICAL EXAMINATION AND WORKERS' COMPENSATION BENEFITS

1 Employees will receive an electrocardiogram, eye exam, and physical examination to include alcohol and drug screen testing at least once a year (12 months) performed by a physician or agency selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results will become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report.

2 In the event of an on-the-job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days from the first day of injury. The Chief of Police may determine that a prior sustained injury reported on a subsequent date is acceptable and the 180-benefit period can be initiated at that time at the Chiefs discretion.

3. Any employee injured on the job, and not as a result of his negligence, shall be paid the regular full wage for the day of the accident if their treating physician advises that he should not return to work that day.

4. Employees covered by this Agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for testing such as for Drug and Alcohol use. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each calendar year.

5. Personnel requesting light duty status based on non-work related injuries shall file request for such duty with supporting medical documentation to the Chief of Police. If light duty status is available and is approved by the Chief at his discretion as per the Personnel Manual, the employee will be assigned duties and shift as per Departmental needs at the Chief's

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discretion.

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

--- --- ----- -------.-------- .. --- -ARTICLE-32-.RETIREMENT-BENEFITS--

1. Each employee who retires based on receiving full retirement benefits without penalty or medical disability shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired". The honorary one-grade promotion shall not affect salary, benefits or the calculations of pension and/or distributions.

2. The following changes in retirement benefits are hereby agreed and are incorporated hereto as historical data:

a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.9 % to 2.25% for services performed in the 1995-1996 fiscal year;

b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50% for services performed in the 1996-1997 fiscal year;

c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75% for services performed in the 1997-2001 fiscal years.

d. Effective October 1, 2001, the benefit accrual rate (multiplier) shall be increased from 2.75 to 2.80 percent for services performed in the 20012002 fiscal year. Effective October 1, 2002, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 percent to 2.90 for services performed in the 2002-2003 fiscal year.

e. Effective October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 to 3.00 percent. The multiplier factor for all years of service prior to October 1, 1993, the multiplier shall be 1.6%. For services rendered during fiscal year 1993-94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8%.

f. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9% to be applied at the time of retirement of each bargaining un it employee covered by th is Agreement.

3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

ten (10) years credited full time service in the retirement plan is completed.

4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%. _ _ _________ Shou Id-th e-tota I contribution- be-actuari ally-deter-mi n ed-toexGeed-1S%; -boththe-Gity and

the employees will share equally the excess amount (should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5%). Employee contribution will not exceed 12%.

5. The sum of $12,498 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless ofthe growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit and providing the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two percent (2.0%) for all years of service improvement to the South Miami Police Pension Plan. In addition, the sum of $25,282 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year up to and including the payment for fiscal year ending September 3D, 2026, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for providing for credited service from date of employment for sworn police personnel who entered the South Miami Police Pension Plan when first eligible. The amount determined by the pension board actuary for future benefit improvements for sworn police personnel, if any, will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds.

6. The retirement plan is mandatory for all employees, covered under this Agreement, hired after October 1, 1995.

7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner' averaged over the best five (5) year period of the participant's career with the City of South Miami ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. For the purposes of this Agreement the best five (5) years is defined as best five -26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another.

8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) for a participant shall be on the date that the participant has completed 25 years of credited police service, regardless of age, or attainment of age sixty 60 and completion of ten 10 years of credited police service

9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the FOP.

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7,2018

10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be

_promulgated_bythe_CityJn._consultationcwith-theFOP.-Ihe-actuarialandtechnical-Ianguage is to be prepared by actuarial company, approved by the City and the FOP, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence.

11. Effective July 1, 2011, the maximum amount of overtime hours for pension calculations for anyone fiscal year shall not exceed 300 hours. The day following the ratification of this Agreement, any accumulated time which is eligible for payout upon separation from employment with the City shall remain eligible for pension calculations and subject to pension contributions upon payout. Any accumulated time that is eligible for payout after the ratification of this Agreement will be considered new accumulated time. Any and all new accumulated time, eligible for payout upon separation from employment with the City, shall not be eligible for pension calculation or subject to pension contributions.

12. Effective upon the ratification of this Agreement employees hired on or after October 1,2011 covered by this Agreement shall enter the pension plan immediately upon being hired as a sworn law enforcement officer.

13. Attached hereto and incorporated by reference herein, is Ordinance 16-08-1951 adopted May 20, 2008, entitled "Pension Plan," as amended.

14. Upon ratification, the City of South Miami will begin the process for a 5 year Deferred Retirement Option Program referred to as the DROP. The full implementation of the DROP will commence upon updating the City of South Miami Retirement Ordinance. Officers and Sergeants who are eligible to retire with full benefits (as stated in the CSM Retirement Ordinance) without penalty will be allowed to enter the DROP. The member's DROP account shall be credited with interest in an amount equal to fifty (50) percent ofthe net (gross return minus investment expense) yearly interest earned by the retirement system for the preceding fiscal year, up to a maximum of five (5) percent. If the net yearly interest earned by the retirement system is zero (0) percent or less, the member's DROP account will not be credited with interest, nor will it be debited with any investment losses. The City agrees to implement the DROP program within one (1) year after ratificat~on of this agreement.

ARTICLE 33. EDUCATIONAL INCENTIVE

1. The City agrees to bear the cost of tuition for specifically applicable specialized education courses to better equip the Officers for the performance of the particular job and/or position

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

in which they are employed, as determined by and approved in writing by the Chief of Police.

2. Every application for educational assistance shall be subject to the approval of the Chief of ~olice_and_the_City_Manage[..Such.app[Qvalmust-be-obtainedat least-thirty. (30) calendar days prior to the beginning of any course.

3. If any application is approved,guidelines for reimbursement are as follows:

a) 75% reimbursement of the course cost for a grade of "B" or better for undergraduate courses;

b} 75% reimbursement of the course cost for a grade of "B" or better for graduate courses;

c) 50% reimbursement ofthe course cost for a grade of "C" for graduate courses;

d) Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub-sections a, b, & c above;

e} The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or community colleges.

f} There shall be no reimbursement for grades "0" or less or "unsatisfactory".

4. Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said reimbursement must be repaid to the City (amount may be deducted from final pay).

ARTICLE 34. EMPLOYEE PREGNANCY/MATERNITY LEAVE

1 An employee who becomes pregnant must notify the Chief of Police as soon as she receives a medical confirmation that she is pregnant. A pregnant employee is required to furnish a letter from her physician who will state the anticipated delivery date, the amount of time the employee may continue to work until the delivery and the types and limitations of duty to be performed. The pregnant employee may, in the discretion of the City, be placed on light duty status with the approval of the Chief of Police or the Chiefs designee and the City Manager. In the event that a light duty position is not available at the Police Station, the pregnant employee may be utilized in other City of South Miami offices at the discretion of the City Manager. The employee's rate of pay will remain the same.

2 Pregnant employees may be granted FMLA leave on the same terms and conditions as granted for other non-pregnancy-related disabilities or illness. Any employee who

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AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

becomes pregnant shall be entitled to unpaid maternity leave. Such unpaid maternity leave shall be granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any

__ partoLthe_acc[UedleaveatheLrequestinJieu_of-unpaid-ieave.- ---- - ------- ------ - -

ARTICLE 35. EMPLOYEE ASSISTANCE PROGRAM

The City and the FOP concur that an Employee Assistance Program (EAP) exists within the , City Personnel Manual and can be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel.

ARTICLE 36. ABOLISHMENT OR MERGER

Whenever the abolishment or merger of the Police Department is contemplated, the FOP shall be informed of such plans in advance. Additionally, the FOP shall be given an opportunity to be apprised concerning the impact of such abolishment or merger proposal upon this Agreement.

ARTICLE 37. AMERICANS WITH DISABILITIES ACT (ADA)

Notwithstanding any other provision of this Agreement, the FOP agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the FOP of the action it intends to take to comply with the ADA or the Florida Civil Rights Act. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein.

ARTICLE 38. TERM OF AGREEMENT

Except as provided herein, all provisions of this Agreement shall be effective September 18,2018 and shall remain in force for three (3) years until September 17, 2021.

33

433

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

34

434

AGREEMENT BETWEEN FOP AND CSM RATIFIED BY FOP SEPTEMBER 7, 2018

Date:

By: +--+-r-----'-----==--''''---tf---ff----'o;::,.-----

Fraternal Order of Police:

Date: ---LI_£O IF-,,,_v-,-I'_~_

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435

March 25, 2019 Mr. Alfred Riverol Finance Director City Hall, 1st Floor 6130 Sunset Drive South Miami, Florida 33143 Re: Actuarial Projection Study

South Miami Pension Plan Dear Alfred: As requested, we are pleased to enclose our Actuarial Projection Study including thirty (30) year projections beginning October 1, 2017 for the South Miami Pension Plan illustrating the financial impact of the current and proposed provisions. Census data and financial information is reported as of October 1, 2017. If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards,

Lawrence F. Wilson, A.S.A., E.A., M.A.A.A., F.C.A. Senior Consultant and Actuary

Jennifer M. Borregard, E.A., M.A.A.A., F.C.A. Consultant and Actuary

Enclosures

436

South Miami Pension Plan Actuarial Projection Study as of October 1, 2017 Prepared: March 25, 2019

437

438

TABLE OF CONTENTS

Page

I. Executive Summary .......................................................................................................... 1 II. Projection Results ............................................................................................................ 5 III. Outline of Principal Provisions of the Retirement Plan ................................................... 7 IV. Actuarial Assumptions and Cost Methods ..................................................................... 13 V. Glossary .......................................................................................................................... 18

439

South Miami Pension Plan 1

EXECUTIVE SUMMARY

As requested, we have completed thirty year projections illustrating the financial impact of proposed changes to the benefit provisions of the South Miami Pension Plan (Plan). Background Currently, the Plan provides administrative management service class (AMSC) membership for the following positions:

City Manager City Attorney City Clerk Assistant / Deputy City Manager Finance Director / Chief Financial Officer Chief of Police Planning and Zoning Director Building Director Director of Public Works Chief Administrative Officer (currently Finance Office Manager) Chief Procurement Officer (currently Purchasing Manager) Parks and Recreation Director

Additionally, general employees who were not participating in the Plan as of October 1, 2016 and general employees hired on or after October 1, 2016 shall be given a one-time irrevocable election (to be made within 90 days from the later of the effective date of the Ordinance to re-open the Plan to general employees or date of hire) to either become a second tier member of the Plan or join a defined contribution plan.

Proposed Changes We understand the City is interested in an analysis of providing an annual open enrollment period for members who previously elected to participate in the City’s defined contribution plan to join as second tier members. In addition the City is considering adding the following positions to AMSC membership:

Community Redevelopment Agency Director Personnel Manager Project Manager Special Assistant to the Manager (vacant and not funded in FY 2019) Superintendent of Maintenance Assistant Director of Parks and Recreation

440

South Miami Pension Plan 2

Results The following table shows the current City cost over the next five, ten and thirty years for the baseline and for the proposed benefit changes described above both as a dollar amount and as a percentage of projected covered payroll, respectively.

Current

Impacted DC

Total

Impacted DC

and AMSC

Amount AmountIncrease /

(Decrease)Amount Amount

Increase /

(Decrease)

Next Year

- Impacted Payroll $380 $380 $0 $2,496 $2,496 $0

- City Cost $ $27 $15 ($12) $174 $182 $8

- City Cost % 7.0% 3.9% (3.1%) 7.0% 7.3% 0.3%

Next 5 Years

- Impacted Payroll $3,409 $3,409 $0 $14,746 $14,746 $0

- City Cost $ $239 $125 ($113) $945 $906 ($39)

- City Cost % 7.0% 3.7% (3.3%) 6.4% 6.1% (0.3%)

Next 10 Years

- Impacted Payroll $8,650 $8,650 $0 $33,587 $33,587 $0

- City Cost $ $606 $348 ($257) $2,120 $2,017 ($103)

- City Cost % 7.0% 4.0% (3.0%) 6.3% 6.0% (0.3%)

Next 30 Years

- Impacted Payroll $44,038 $44,038 $0 $148,566 $148,566 $0

- City Cost $ $3,083 $2,141 ($942) $8,917 $8,429 ($488)

- City Cost % 7.0% 4.9% (2.1%) 6.0% 5.7% (0.3%)

Summary of Costs

Scenario 1 - Open EnrollmentScenario 2 - Open Enrollment

and AMSC postitions

Actuarial Assumptions and Methods, Fund Provisions, Financial Data and Member Census Data The City DC Plan participants and new entrant information for ASMC was provided by the City. The actuarial assumptions and methods, City DB Plan provisions (as modified above), financial data and member census data employed for purposes of our Actuarial Projection Study are the same actuarial assumptions and methods, City DB Plan provisions (as modified above), financial data and member census data utilized for the October 1, 2017 Actuarial Valuation with the following projection modifications.

Each year, one-half of current employees in the City DC Plans are assumed to enroll in Tier 2 benefits for General Employees until there are no City DC Plan participants (which takes place over approximately 10 years).

All current General Tier 2 Employees participating in the City DB Plan are assumed to continue to participate in the current City DB Plan.

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South Miami Pension Plan 3

All current General Tier 2 Employees are assumed to be hired each year at a rate sufficient to maintain a constant active headcount – stationary population. New employees are assumed to have the same average demographic characteristics (age, gender, salary – adjusted each year for inflation) as those employees hired for General Tier 2 Employees over the past five years.

All newly added AMSC employees are assumed to enroll in the City DB Plan.

For City DC participants, the City Cost per participant is assumed to be 7% of salary.

Demographic data for eight AMSC employees was reported by the City. It is assumed in both the Current and Proposed Plan Projections four additional AMSC employees (to fill vacant positions for a total of twelve AMSC employees) are added to the City DB Plan. The additional six AMSC positions are added only to the Proposed Plan Projections (resulting in a total of 18 AMSC City DB Plan participants).

For AMSC projections, once added as described above, new employees are assumed to be hired each year at a rate sufficient to maintain a constant active headcount – stationary population. New employees are assumed to have the same average demographic characteristics (age, gender, salary – adjusted each year for inflation) as those employees hired for AMSC positions over the past five years.

Under the City DB Plan, expenses paid by the City are assumed to be 0.4% of the projected market value of assets during the projection period.

Projections are deterministic – throughout the projection period experience is expected to match the assumptions – including a 7.375% annual market value investment return for fiscal year ended September 30, 2018 and thereafter.

Other Considerations Under Governmental Accounting Standards Board (GASB) Statement Number 68, we understand the cost of benefit changes must be recognized immediately in pension expense (accounting not funding). Therefore, pension expense is expected to increase the first year and then is expected to return to lower levels in fiscal years following initial recognition of the benefit change. Some current DC plan participants have already been asked to join the City DB plan and have declined. Generally, a participant who makes a one-time election (in the DB / DC plan) remains under that election. Different results would be produced if the election was allowed to occur only once.

This Actuarial Projection Study is intended to describe the estimated future financial effects of the proposed benefit changes on the Plan and is not intended as a recommendation in favor of the change nor in opposition to the change. These calculations are based upon assumptions regarding future events. However, the Plan’s long term costs will be determined by actual future events, which may differ materially from the assumptions made.

442

South Miami Pension Plan 4

If you have reason to believe the assumptions used are unreasonable, the Plan provisions are incorrectly described or referenced, important Plan provisions relevant to this Actuarial Projection Study are not described or that conditions have changed since the calculations were made, you should contact the undersigned prior to relying on information in this Actuarial Projection Study. If you have reason to believe that the information provided in this Actuarial Projection Study is inaccurate, or is in any way incomplete, or if you need further information in order to make an informed decision on the subject matter of this report, please contact the undersigned prior to making such decision. If all actuarial assumptions are met and if all future minimum required contributions are paid, Plan assets will be sufficient to pay all Plan benefits, future contributions are expected to remain relatively stable as a percent of payroll and the funded status is expected to improve. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. Due to the limited scope of the actuary’s assignment, the actuary did not perform an analysis of the potential range of such future measurements. This report should not be relied on for any purpose other than the purpose described in the primary communication. Determinations of the financial results associated with the benefits described in this report in a manner other than the intended purpose may produce significantly different results. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Fund as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. The signing actuaries are independent of the Plan sponsor. The undersigned are Members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us.

Sincerest regards,

Lawrence F. Wilson, A.S.A., M.A.A.A., E.A., F.C.A. Senior Consultant and Actuary

Jennifer M. Borregard, E.A., M.A.A.A., F.C.A. Consultant and Actuary

443

South Miami Pension Plan 5

PROJECTION RESULTS

Scenario 1 - Open Enrollment Provides an annual open enrollment period for members who previously elected to participate in the City’s DC Plan

The following Table shows projected covered payroll and comparison of projected City cost under the baseline forecast versus Scenario 1 – ($1,000s).

Fiscal Increase / Increase /

Year Impacted (Decrease) (Decrease)

End Payroll Dollar % of Pay Dollar % of Pay Dollar Cumulative

2019 380 27 7.0% 15 3.9% (12) (12)

2020 597 42 7.0% 22 3.7% (20) (31)

2021 728 51 7.0% 27 3.7% (24) (56)

2022 818 57 7.0% 29 3.6% (28) (83)

2023 886 62 7.0% 32 3.6% (30) (113)

2024 943 66 7.0% 37 3.9% (29) (143)

2025 996 70 7.0% 41 4.1% (29) (172)

2026 1,048 73 7.0% 44 4.2% (29) (201)

2027 1,101 77 7.0% 48 4.4% (29) (229)

2028 1,154 81 7.0% 53 4.6% (28) (257)

2029 1,208 85 7.0% 57 4.7% (28) (285)

2030 1,260 88 7.0% 62 4.9% (26) (311)

2031 1,312 92 7.0% 66 5.0% (26) (338)

2032 1,366 96 7.0% 70 5.1% (26) (364)

2033 1,423 100 7.0% 73 5.1% (27) (391)

2034 1,481 104 7.0% 77 5.2% (27) (417)

2035 1,541 108 7.0% 80 5.2% (28) (445)

2036 1,602 112 7.0% 83 5.2% (29) (474)

2037 1,665 117 7.0% 87 5.2% (30) (504)

2038 1,729 121 7.0% 90 5.2% (31) (535)

2039 1,789 125 7.0% 93 5.2% (32) (567)

2040 1,850 130 7.0% 94 5.1% (35) (602)

2041 1,908 134 7.0% 99 5.2% (34) (637)

2042 1,971 138 7.0% 99 5.0% (39) (676)

2043 2,036 142 7.0% 104 5.1% (39) (715)

2044 2,104 147 7.0% 105 5.0% (42) (757)

2045 2,175 152 7.0% 109 5.0% (44) (800)

2046 2,246 157 7.0% 112 5.0% (45) (845)

2047 2,321 162 7.0% 116 5.0% (46) (892)

2048 2,401 168 7.0% 118 4.9% (50) (942)

5 Year

Totals 3,409 239 7.0% 125 3.7% (113)

10 Year

Totals 8,650 606 7.0% 348 4.0% (257)

30 Year

Totals 44,038 3,083 7.0% 2,141 4.9% (942)

Projected City DC Cost Projected City DB Cost

Scenario #1 Open EnrollmentBaseline

444

South Miami Pension Plan 6

Scenario 2 – Open Enrollment and Additional AMSC positions Provides an annual open enrollment period for members who previously elected to participate in the City’s DC Plan and provides for an additional six AMSC positions

The following Table shows projected covered payroll and comparison of projected City cost under the baseline forecast versus Scenario 2 – ($1,000s).

Fiscal Total Scenario #2 Combined Increase / Increase /

Year Impacted (Decrease) (Decrease)

End Payroll Dollar % of Pay Dollar % of Pay Dollar Cumulative

2019 2,496 174 7.0% 182 7.3% 8 8

2020 2,792 167 6.0% 156 5.6% (11) (2)

2021 2,963 185 6.2% 173 5.8% (12) (14)

2022 3,164 204 6.5% 192 6.1% (12) (26)

2023 3,330 215 6.5% 202 6.1% (13) (39)

2024 3,489 227 6.5% 216 6.2% (10) (49)

2025 3,632 234 6.4% 224 6.2% (10) (59)

2026 3,782 245 6.5% 236 6.2% (9) (68)

2027 3,914 238 6.1% 224 5.7% (15) (83)

2028 4,025 231 5.7% 211 5.2% (20) (103)

2029 4,112 247 6.0% 232 5.6% (16) (119)

2030 4,251 252 5.9% 236 5.5% (16) (135)

2031 4,391 262 6.0% 248 5.6% (14) (148)

2032 4,544 269 5.9% 255 5.6% (14) (162)

2033 4,701 280 6.0% 266 5.7% (14) (176)

2034 4,872 290 6.0% 278 5.7% (13) (189)

2035 5,043 300 6.0% 287 5.7% (13) (202)

2036 5,222 311 6.0% 297 5.7% (14) (216)

2037 5,404 322 6.0% 307 5.7% (15) (231)

2038 5,583 332 6.0% 317 5.7% (15) (246)

2039 5,763 346 6.0% 331 5.7% (15) (261)

2040 5,951 357 6.0% 340 5.7% (17) (278)

2041 6,142 368 6.0% 352 5.7% (16) (294)

2042 6,341 362 5.7% 333 5.3% (29) (323)

2043 6,543 380 5.8% 355 5.4% (25) (348)

2044 6,761 392 5.8% 364 5.4% (28) (376)

2045 6,987 409 5.9% 381 5.5% (27) (403)

2046 7,217 422 5.9% 394 5.5% (28) (431)

2047 7,453 440 5.9% 412 5.5% (28) (459)

2048 7,699 458 5.9% 428 5.6% (29) (488)

5 Year

Totals 14,746 945 6.4% 906 6.1% (39)

10 Year

Totals 33,587 2,120 6.3% 2,017 6.0% (103)

30 Year

Totals 148,566 8,917 6.0% 8,429 5.7% (488)

Projected City DB CostProjected City DC / DB Cost

Baseline - Total

445

A. Effective Date:

B. Eligibility Requirements:

1. General Employees

Tier 1:

Tier 2:

2. Police Officers

3. Administration Management Service Class (AMSC)

City ManagerCity AttorneyCity ClerkAssistant / Deputy City ManagerFinance Director / Chief Financial OfficerChief of PolicePlanning and Zoning DirectorBuilding DirectorDirector of Public WorksChief Administrative Officer (currently Finance Office Manager)Chief Procurement Officer (currently Purchasing Manager)Parks and Recreation Director

Regular full-time Police Officer is eligible to enter the Plan as of date of employment.

Employees of the City with the following positions who do not elect to participate in a defined contributionPlan of the City:

October 1, 1965. Most recently amended by Ordinance 1-17-2271 adopted January 17, 2017.

Regular full-time employee hired before October 1, 2011 is eligible to enter the Plan following thecompletion of six months of Credited Service and attainment of age 20.

Regular full-time employee hired on or after October 1, 2011 and not participating in the Plan as of October1, 2016 who elects to join or fails to make any election within ninety (90) days from effective date ofOrdinance is eligible to enter the Plan as a Tier 2 employee as of the effective date of Ordinance.

Regular full-time employee hired on or after October 1, 2016 who elects to join or fails to make any electionwithin ninety (90) days from date of hire is eligible to enter the Plan as a Tier 2 employee as of their date ofhire.

South Miami Pension Plan 7

OUTLINE OF PRINCIPAL PROVISIONS OF THE RETIREMENT PLAN PRIOR TO ANY PROPOSED CHANGES INCLUDED IN THIS STUDY

446

C. Credited Service:

1. General Employees and AMSC

2. Police Officers

D. Final Monthly Compensation (FMC):

Effective October 1, 2011, Final Average Compensation for General Employees is 1/60th of the final 60consecutive months of basic compensation, provided it is not less than the Final Average Compensation as ofSeptember 30, 2011 based on the definition above. Basic compensation shall mean base wages and salaries,excluding commissions, overtime pay, bonuses and any other forms of additional compensation earned outsideof base wages.

Effective October 1, 2011, Final Average Compensation for members covered under the Police Officers andSergeants collective bargaining agreement is the best five (5) years of basic compensation, provided it is not lessthan the Final Average Compensation as of September 30, 2011 based on the definition above. Basiccompensation shall mean base wages and salaries, including up to 300 hours of overtime in a fiscal year andexcluding payments for accrued unused sick or annual leave, extra duty or special detail work, shift differential,assignment pay, bonuses and any other forms of additional compensation earned outside of base wages.

Continuous employment. Credited service shall exclude continuous employment prior to Plan participationas follows: (1) If employed prior to October 1, 1973, credited service shall exclude the first two years ofcontinuous employment and any additional year of continuous employment prior to attainment of age 25.(2) If employed on or after October 1, 1973, credited service shall exclude the first six (6) months ofcontinuous employment and continuous employment prior to age 20.

Credited service for Tier 2 employees and AMSC will be continuous employment from the date of hire for allpurposes except for benefit accruals which will be from the later of October 1, 2016 or date of hire.

Continuous employment. For Police Officers who did not participate when first eligible for the Plan, CreditedService shall exclude continuous employment prior to Plan participation as follows: (1) If employed prior toOctober 1, 1973, Credited Service shall exclude the first two years of continuous employment and anyadditional year of continuous employment prior to attainment of age 25. (2) If employed on or afterOctober 1, 1973, Credited Service shall exclude the first six (6) months of continuous employment andcontinuous employment prior to age 20.

Final Average Compensation is 1/36th of the final 36 consecutive months of compensation. For Police Officers,not less than 1/5th of the highest five (5) years out of the last (10) ten years of compensation. Compensationshall mean regular wages and salaries, excluding bonuses, vacation, sick leave and other additionalcompensation.

South Miami Pension Plan 8 447

D. Final Monthly Compensation (FMC) (cont'd):

E. Normal Retirement:1. Eligibility:

a. General Employees:

b. Police Officers:

c. AMSC:

2. Benefit:The monthly Plan benefit is the product of:a. FMC,b. Credited Service during the appropriate period and c. The appropriate benefit percentageThe appropriate benefit percentages are:a. General Employees For Credited Service Percentage

Through September 30, 1999 2.50%October 1, 1999 through September 30, 2011 2.75%October 1, 2011 and thereafter 2.25%

Attainment of age 65 and completion of ten (10) years of Credited Service orcompletion of thirty-three (33) years of Credited Service regardless of age forTier 2 General Employees.

Attainment of age 60 and completion of ten (10) years of Credited Service orcompletion of twenty-five (25) years of Credited Service regardless of age.

Attainment of age 65 and completion of three (3) years of Credited Service orcompletion of thirty-three (33) years of Credited Service regardless of age.

Effective October 1, 2016, Final Average Compensation for members covered under the Miami-Dade CountyPolice Benevolent Association Upper-Collective Bargainning Union (Lieutenants & Captains) collectivebargaining agreement is the best five (5) years of basic compensation, provided it is not less than the FinalAverage Compensation as of September 30, 2016 based on the definition above. Basic compensation shallmean base wages and salaries, including up to 300 hours of overtime in a fiscal year and excluding paymentsfor accrued unused sick or annual leave, extra duty or special detail work, shift differential, assignment pay,bonuses and any other forms of additional compensation earned outside of base wages.

Final Average Compenation for Tier 2 General Employees and AMSC shall be the average of the highest eight(8) years of credit service.

Attainment of age 55 and completion of ten (10) years of Credited Service forbenefits accrued as of September 30, 2011.

Attainment of age 60 and completion of ten (10) years of Credited Service forbenefits accrued after September 30, 2011, including increases in the accruedbenefit as of September 30, 2011 due to increases in the Final AverageCompensation.

South Miami Pension Plan 9 448

E. Normal Retirement (cont'd):

2. Benefit:

b. Police Officers For Credited Service Percentage

Through September 30, 1995 2.00%October 1, 1995 through September 30, 1996 2.25%October 1, 1996 through September 30, 1997 2.50%October 1, 1997 through September 30, 2001 2.75%October 1, 2001 through September 30, 2002 2.80%October 1, 2002 through September 30, 2003 2.90%October 1, 2003 and thereafter 3.00%

c. General Employees (Tier 2) For Credited Service Percentage

October 1, 2016 and thereafter 1.60%

d. AMSC For Credited Service Percentage

October 1, 2016 and thereafter 3.00%

F. Supplemental Benefit:

G. Early Retirement:

1. Eligibility:a. Police Officers:

b. AMSC:

2. Benefit:a. Police Officers:

Attainment of age 50 and completion of 15 years of Credited Service.

Attainment of age 55 and completion of 10 years of Credited Service.

Accrued benefit based upon FMC and Credited Service as of EarlyRetirement Date, reduced 3% for each year that the benefitcommencement date precedes Normal Retirement.

A cost-of-living supplemental benefit based upon the consumer price index is provided upon retirement. Theannual increase is limited to 3%.

For General Employees the cost-of-living supplemental benefit is only provided on the accrued benefit as ofSeptember 30, 2011 and does not apply to increases in this accrued benefit due to increases in the Final AverageCompensation.

No cost-of-living supplemental benefit is provided for Tier 2 General Employees.

No cost-of-living supplemental benefit is provided for AMSC for benefit accruals on or after October 1, 2011.

South Miami Pension Plan 10449

G. Early Retirement (cont'd):

2. Benefit:b. AMSC:

H. Delayed Retirement:

1. Eligibility:

2. Benefit:

I. Disability Retirement:

1. Eligibility:

2. Benefit:

J. Pre-Retirement Death Benefit:

K. Benefit Upon Termination of Service:

1.

a.

b.

No supplemental benefit shall be payable to vested terminees.

Accrued benefit based upon FMC and Credited Service as of Early Retirement Date,reduced 1/15 for each of the first five years and 1/30 for the next five years that thebenefit commencement date precedes Normal Retirement.

Retirement subsequent to Normal Retirement Date.

Accrued benefit based upon FMC and Credited Service as of Delayed Retirement Date.

Totally and permanently disabled for a six month period while actively employed.

Accrued benefit based upon FMC and Credited Service as of date of disability, actuariallyreduced as for Early Retirement for early commencement.

The beneficiary shall receive the member's accumulated Employee Contributions.

Benefit payable at Normal Retirement equal to the greater of:

Accrued benefit based upon FMC and Credited Service as of date of termination times thevesting percentage shown below, or

Benefit which can be supported by the accumulated Member Contributions with interest toNormal Retirement Date.

South Miami Pension Plan 11 450

K. Benefit Upon Termination of Service (cont'd):

2. Vesting Schedule:

All employees except AMSC:

Years of VestingCredited Service Percentage

Less than 10 0%10 or more years 100%

AMSC:

Years of VestingCredited Service Percentage

Less than 3 0%3 or more years 100%

3. Refund Option:

L. Member Contributions:

M. Normal Form of Retirement Income:

N. Changes Since Previous Actuarial Valuation:

The normal form of payment shall be a life annuity with a guarantee of a refund of accumulatedEmployee Contributions.

Proposed changes related to this Study.

A terminated member may elect to receive a refund of Accumulated Contributions without interestin lieu of receiving any other Plan benefits.

Members contribute 7.0% (3.0% for Tier 2 General Employees and 7.5% for Police Officers) of member'sbasic annual compensation.

Should the City contribution for General Employees be actuarially determined to exceed 7.0%, notincluding expenses, both the City and the General Employees (other than Tier 2 General Employees andAMSC) will share equally in the amount in excess of 7.0%. General Employees (other than Tier 2 GeneralEmployees and AMSC) Contributions are capped at 10% of basic annual compensation as of October 1,2016.

Should the City contribution for Police Officers be actuarially determined to exceed 7.5%, not includingexpenses, both the City and the Police Officers will share equally in the amount in excess of 7.5% but notmore than 12.0% for Police Lieutenants and Police Captains.

South Miami Pension Plan 12 451

South Miami Pension Plan 13

A. Mortality

General Employees including AMSC Mortality Assumptions:

SampleAges

(2017) Male Female Male Female

55 30.42 33.47 29.99 33.2560 25.49 28.45 25.32 28.3562 23.58 26.49 23.48 26.43

SampleAges

(2037) Male Female Male Female

55 32.57 35.32 32.16 35.1260 27.67 30.29 27.52 30.2162 25.76 28.32 25.68 28.26

Expectancy (Years) Expectancy (Years)

Expectancy (Years) Expectancy (Years)

Pre-retirement Post-retirementFuture Life Future Life

Future Life Future Life

For healthy male participants during employment, RP 2000 Combined Male Healthy Participant MortalityTable, with 50% White Collar / 50% Blue Collar Adjustment and fully generational mortality improvementsprojected to each future decrement date with Scale BB. For healthy female participants during employment,RP 2000 Combined Female Healthy Participant Mortality Table, with White Collar Adjustment and fullygenerational mortality improvements projected to each future decrement date with Scale BB.

For healthy male participants post employment, RP 2000 Annuitant Male Mortality Table, with 50% WhiteCollar / 50% Blue Collar Adjustment and fully generational mortality improvements projected to each futuredecrement date with Scale BB. For healthy female participants post employment, RP 2000 Annuitant FemaleMortality Table, with White Collar Adjustment and fully generational mortality improvements projected toeach future decrement date with Scale BB.

For disabled male participants, RP 2000 Disabled Male Mortality Table, setback four years, without projectedmortality improvements. For disabled female participants, RP 2000 Disabled Female Mortality Table, setforward two years, without projected mortality improvements.

Pre-retirement Post-retirement

ACTUARIAL ASSUMPTIONS AND METHODS

452

A. Mortality (cont'd)

Police Officer Mortality Assumptions:

SampleAges

(2017) Male Female Male Female

55 29.73 32.50 29.21 32.3060 24.84 27.46 24.64 27.3162 22.97 25.50 22.85 25.39

SampleAges

(2037) Male Female Male Female

55 31.96 34.44 31.46 34.2760 27.11 29.40 26.92 29.2762 25.23 27.41 25.12 27.33

Expectancy (Years) Expectancy (Years)

Expectancy (Years) Expectancy (Years)

Pre-retirement Post-retirementFuture Life Future Life

Future Life Future Life

For healthy participants during employment, RP-2000 Combined Healthy Participant Mortality Tables, separaterates for males and females, with 90% Blue Collar Adjustment / 10% White Collar Adjustment and fullygenerational mortality improvements projected to each future decrement date with Scale BB.

For healthy participants post employment, RP-2000 Annuitant Mortality Tables, separate rates for males andfemales, with 90% Blue Collar Adjustment / 10% White Collar Adjustment and fully generational mortalityimprovements projected to each future decrement date with Scale BB.

For disabled male participants, 60% RP 2000 Disabled Male Mortality Table setback four years / 40% RP 2000Annuitant Male Mortality Table, with White Collar Adjustment and no setback, without projected mortalityimprovements. For disabled female particpants, 60% RP 2000 Disabled Female Mortality Table set forward twoyears / 40% RP 2000 Annuitant Female Mortality Table, with White Collar Adjustment, without projectedmortality improvements.

Pre-retirement Post-retirement

South Miami Pension Plan 14

B. Investment Return to be Earned by Fund

C. Allowances for Expenses or Contingencies

7.375% (net of investment expenses), compounded annually - includes inflation at 2.75%.

Actual expenses paid in previous year.

453

D. Employee Withdrawal Rates

Service Police General / AMSC

1 - 2 12.00 20.003 - 6 8.00 9.25

7 - 10 8.00 5.0011 & Over 3.50 5.00

E. Disability Rates

F. Marital Assumptions

G. Salary Increase Factors

Police5.25%3.75%3.75%3.75%20 & over 3.75%

10 - 14 4.75%15 - 19 4.25%

Service General / AMSC0 - 9 5.25%

Current salary is assumed to increase in accordance with the following table based upon number of yearsof service - includes wage inflation of 3.25%.

Withdrawal rates for males and for females were used in accordance with the following illustrativeexample based upon number of years of service:

Withdrawal RatesPer 100 Employees

1985 Disability Study, Class 1 with separate rates for females was used.

100% of active members are assumed to be married. Where applicable, females are assumed to be threeyears younger than their male spouses.

South Miami Pension Plan 15

H. Increase in Covered Payroll

4.0% per year, limited to average annual increase over most recent ten years (-0.7%) but not less than 0.0% forPolice Officers. No increase in covered payroll is assumed for General Employees including AMSC.

454

I. Retirement Rates

Years PrecedingNormal Retirement Police

1 - 6 5%7 - 10 10%

Age Police General & AMSC*55 - 59 N/A 10%60 - 61 25% 10%62 - 64 40% 25%65 - 66 100% 25%

67 & above 100% 100%

Service Police25 years 100%

J. Cost of Living Increases

K. Valuation of Assets

General Employees who retire prior to age sixty (60) but after attainment of ten (10) years of Credited Service (55& 10) are assumed to receive an actuarially reduced benefit payable immediately upon retirement.

Future cost of living increases for General Employees (other than Tier 2 General Employees) and Police Officersare assumed to be 3.0% per annum.

The method used for determining the actuarial value of assets phases in the deviation between the expected andactual return on assets at the rate of 20% per year. The actuarial value of assets will be further adjusted to theextent necessary to fall within the corridor whose lower limit is 80% of the fair market value of Plan assets andwhose upper limit is 120% of the fair market value of Plan assets.

Rates of Early Retirement for Police Officers were used in accordance with the following table.

Rates of Normal Retirement were used in accordance with the following tables.

* Includes Early Retirement for AMSC Employees. Rates are 25% for Tier 2 and AMSC members for each yearupon meeting 33 years of service until 100% at age 67.

South Miami Pension Plan 16 455

L. Cost Methods

Normal Retirement, Termination, Disability and Pre-Retirement Death Benefit:Entry-Age-Actuarial Cost Method

M. Changes Since Previous Actuarial Valuation

None, except as noted above related to the Study.

Under this method the normal cost for each active employee is the amount which is calculated to be alevel percentage of pay that would be required annually from his date of hire to his retirement age tofund his estimated benefits, assuming the Plan had always been in effect. The normal cost for the Plan isthe sum of the individual normal costs for all active employees. The actuarial accrued liability as of anyvaluation date for each active employee or inactive employee who is eligible to receive benefits under thePlan is the excess of the actuarial present value of estimated future benefits over the actuarial presentvalue of current and future normal costs. The unfunded actuarial accrued liability as of any valuation dateis the excess of the actuarial accrued liability over the actuarial value of assets of the Plan.

South Miami Pension Plan 17 456

Actuarial Accrued Liability. The difference between the Actuarial Present Value of Future Benefits, and theActuarial Present Value of Future Normal Costs.

Actuarial Assumptions. Assumptions about future plan experience that affect costs or liabilities, such as:mortality, withdrawal, disablement, and retirement; future increases in salary; future rates of investmentearnings; future investment and administrative expenses; characteristics of members not specified in thedata, such as marital status; characteristics of future members; future elections made by members andother items.

Actuarial Cost Method. Actuarial Cost Method A procedure for allocating the Actuarial Present Value ofFuture Benefits between the Actuarial Present Value of Future Normal Costs and the Actuarial AccruedLiability.

Actuarial Equivalent. Of equal Actuarial Present Value, determined as of a given date and based on a givenset of Actuarial Assumptions.

Actuarial Present Value of Future Benefits. The Actuarial Present Value of amounts which are expected tobe paid at various future times to active members, retired members, beneficiaries receiving benefits andinactive, non-retired members entitled to either a refund or a future retirement benefit. Expressed anotherway, it is the value that would have to be invested on the valuation date so that the amount invested plusinvestment earnings would provide sufficient assets to pay all projected benefits and expenses when due.

Actuarial Valuation. The determination, as of a valuation date, of the Normal Cost, Actuarial AccruedLiability, Actuarial Value of Assets, and related Actuarial Present Values for a plan. An Actuarial Valuationfor a governmental retirement system typically also includes calculations of items needed for compliancewith GASB No. 67.

Actuarial Value of Assets. The value of the assets as of a given date, used by the actuary for valuationpurposes. This may be the market or fair value of plan assets or a smoothed value in order to reduce theyear-to-year volatility of calculated results, such as the funded ratio and the actuarially requiredcontribution.

Amortization Method. A method for determining the Amortization Payment. The most common methodsused are level dollar and level percentage of payroll. Under the Level Dollar method, the AmortizationPayment is one of a stream of payments, all equal, whose Actuarial Present Value is equal to the UAAL.Under the Level Percentage of Pay method, the Amortization Payment is one of a stream of increasingpayments, whose Actuarial Present Value is equal to the UAAL. Under the Level Percentage of Pay method,the stream of payments increases at the rate at which total covered payroll of all active members isassumed to increase.

South Miami Pension Plan 18

GLOSSARY

457

Amortization Payment. That portion of the plan contribution which is designed to pay interest onand to amortize the Unfunded Actuarial Accrued Liability.

Amortization Period. The period used in calculating the Amortization Payment.

Annual Required Contribution. The employer’s periodic required contributions, expressed as a dollaramount or a percentage of covered plan compensation. The annual required contribution consists ofthe Employer Normal Cost and Amortization Payment plus interest adjustment.

Closed Amortization Period. A specific number of years that is reduced by one each year, anddeclines to zero with the passage of time. For example if the amortization period is initially set at 30years, it is 29 years at the end of one year, 28 years at the end of two years, etc.

Employer Normal Cost. The portion of the Normal Cost to be paid by the employer. This is equal tothe Normal Cost less expected member contributions.

Equivalent Single Amortization Period. For plans that do not establish separate amortization bases(separate components of the UAAL), this is the same as the Amortization Period. For plans that doestablish separate amortization bases, this is the period over which the UAAL would be amortized ifall amortization bases were combined upon the current UAAL payment.

Experience Gain/Loss. A measure of the difference between actual experience and that expectedbased upon a set of Actuarial Assumptions, during the period between two actuarial valuations. Tothe extent that actual experience differs from that assumed, Unfunded Actuarial Accrued Liabilitiesemerge which may be larger or smaller than projected. Gains are due to favorable experience, e.g.,the assets earn more than projected, salaries do not increase as fast as assumed, members retire laterthan assumed, etc. Favorable experience means actual results produce actuarial liabilities not as largeas projected by the actuarial assumptions. Losses are the result of unfavorable experience, i.e., actualresults that produce Unfunded Actuarial Accrued Liabilities which are larger than projected.

Funded Ratio. The ratio of the Actuarial Value of Assets to the Actuarial Accrued Liability.

GASB. Governmental Accounting Standards Board.

South Miami Pension Plan 19

GASB No. 67 and GASB No. 68. These are the governmental accounting standards that set theaccounting rules for public retirement plans and the employers that sponsor or contribute to them.Statement No. 67 sets the accounting rules for the plans themselves, while Statement No. 68 sets theaccounting rules for the employers that sponsor or contribute to public retirement plans.

Normal Cost. The annual cost assigned, under the Actuarial Cost Method, to the current plan year.

458

Open Amortization Period. An open amortization period is one which is used to determine theAmortization Payment but which does not change over time. In other words, if the initial period is setas 30 years, the same 30-year period is used in determining the Amortization Period each year. Intheory, if an Open Amortization Period is used to amortize the Unfunded Actuarial Accrued Liability,the UAAL will never completely disappear, but will become smaller each year, either as a dollaramount or in relation to covered payroll.

Unfunded Actuarial Accrued Liability. The difference between the Actuarial Accrued Liability andActuarial Value of Assets.

Valuation Date. The date as of which the Actuarial Present Value of Future Benefits are determined.The benefits expected to be paid in the future are discounted to this date.

South Miami Pension Plan 20459

May 23, 2019 Mr. Alfred Riverol Finance Director City Hall, 1st Floor 6130 Sunset Drive South Miami, Florida 33143 Re: Actuarial Study as of October 1, 2018 South Miami Pension Plan Dear Alfred: As requested, we have performed an Actuarial Study as of October 1, 2018 to determine the minimum required annual contribution of amending the normal retirement eligibility and vesting provisions for the Administration Management Service Class (AMSC) under the South Miami Pension Plan (Plan). Background – Currently the Plan provides AMSC members the following normal retirement eligibility and vesting provisions:

Normal Retirement eligibility upon the earlier of: (a) Attainment of age sixty-five (65) and completion of three (3) years of Credited

Service (b) Completion of thirty-three (33) years of Credited Service regardless of age

Vesting – 100% vesting upon completion of three (3) years of Credited Service Proposed Ordinance – We understand the City is interested in an analysis of amending the normal retirement eligibility and vesting provisions as follows:

Scenario 1 Normal Retirement eligibility upon the earlier of:

(a) Attainment of age sixty-two (62) and completion of five (5) years of Credited Service

(b) Completion of thirty-three (33) years of Credited Service regardless of age

Vesting – 100% vesting upon completion of five (5) years of Credited Service Scenario 2 Normal Retirement eligibility upon the earlier of:

(a) Attainment of age sixty (60) and completion of five (5) years of Credited Service 460

Mr. Alfred Riverol May 23, 2019 Page Two

(b) Completion of thirty-three (33) years of Credited Service regardless of age

Vesting – 100% vesting upon completion of five (5) years of Credited Service Results – The attached Exhibit sets out the key financial results of our Actuarial Study for each Scenario for the AMSC Group. The following sets out the projected annual increase in minimum required annual contribution as a dollar amount and as a percentage of expected AMSC covered payroll ($1,004,692).

Item Increase in Annual Required Contribution

Scenario 1 – Normal retirement eligibility upon the earlier of age 62 and completion of 5 years of Credited Service or completion of 33 years of Credited Service. 100% vesting upon completion of 5 years of Credited Service

$ 5,306 (0.5%)

Scenario 2 – Normal retirement eligibility upon the earlier of age 60 and completion of 5 years of Credited Service or completion of 33 years of Credited Service. 100% vesting upon completion of 5 years of Credited Service

$ 14,056 (1.4%)

Actuarial assumptions and methods, Plan provisions and member census data – The actuarial assumptions and methods, financial data and employee census data employed for purposes of our Actuarial Study are the same actuarial assumptions and methods, financial data and member census data utilized for the October 1, 2018 Actuarial Valuation with the following exception:

AMSC – Normal and Early Retirement Rates Age Current Scenario 1 Scenario 2

Less than 33 years of service 55 - 59 10% 10% 10% 60 - 61 10% 10% 25% 62 - 64 25% 35% 35% 65 - 66 25% 35% 35%

67 & above 100% 100% 100% With 33 or more years of service

Under 62 25% 25% 25% 62 - 66 25% 35% 35%

67 100% 100% 100%

461

Mr. Alfred Riverol May 23, 2019 Page Three

The Plan provisions employed for purposes of our Actuarial Study are the same Plan provisions utilized in the October 1, 2018 Actuarial Valuation with the exception of the proposed changes described above. Other Considerations – Under Governmental Accounting Standards Board (GASB) Statement Number 68, we understand the full cost of benefit changes must be recognized immediately in pension expense (accounting not funding). This Actuarial Study is intended to describe the estimated future financial effects of the proposed benefit changes on the Plan and is not intended as a recommendation in favor of the benefit changes nor in opposition to the benefit changes. If all actuarial assumptions are met and if all current and future minimum required contributions are paid, Plan assets will be sufficient to pay all Plan benefits, future contributions are expected to remain relatively stable as a percent of payroll and the funded status is expected to improve. Plan minimum required contributions are determined in compliance with the requirements of the Florida Protection of Public Employee Retirement Benefits Act with normal cost determined as a level percent of covered payroll and a level dollar amortization payment using an initial amortization period of 25 years. The Unfunded Actuarial Accrued Liability (UAAL) may not be appropriate for assessing the sufficiency of Plan assets to meet the estimated cost of settling benefit obligations but may be appropriate for assessing the need for or the amount of future contributions. These calculations are based upon assumptions regarding future events. However, the Plan’s long term costs will be determined by actual future events, which may differ materially from the assumptions made. These calculations are also based upon present and proposed Plan provisions that are outlined or referenced in this Actuarial Study. If you have reason to believe the assumptions used are unreasonable, the Plan provisions are incorrectly described or referenced, important Plan provisions relevant to this Actuarial Study are not described or that conditions have changed since the calculations were made, you should contact the undersigned prior to relying on information in this Actuarial Study. If you have reason to believe that the information provided in this Actuarial Study is inaccurate, or is in any way incomplete, or if you need further information in order to make an informed decision on the subject matter of this report, please contact the undersigned prior to making such decision. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from

462

Mr. Alfred Riverol May 23, 2019 Page Four

that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period) and changes in Plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of such future measurements. This Actuarial Study should not be relied on for any purpose other than the purpose described in the primary communication. Determinations of the financial results associated with the benefits described in this report in a manner other than the intended purpose may produce significantly different results. This Actuarial Study has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. This Actuarial Study may be provided to parties other than the City only in its entirety and only with the permission of an approved representative of the City. The signing actuaries are independent of the Plan sponsor. The undersigned are Members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards,

Lawrence F. Wilson, A.S.A., E.A. Jennifer M. Borregard, E.A. Senior Consultant and Actuary Consultant and Actuary Enclosure

463

Prepared: May 23, 2019 Page 1

Cost % of Annual Cost % of Annual Cost % of AnnualData Compensation Data Compensation Data Compensation

A. Participants1. Active employees 8 N/A 8 N/A 8 N/A2. Terminated vested 0 N/A 0 N/A 0 N/A3. Receiving benefits 2 N/A 2 N/A 2 N/A4. Annual payroll of active employees 1,004,692$ 100.0% 1,004,692$ 100.0% 1,004,692$ 100.0%

B. Present Value of Future Benefits 2,533,146$ 252.1% 2,617,530$ 260.5% 2,669,588$ 265.7%

C. Total Normal Costs 128,124$ 12.8% 125,999$ 12.5% 130,346$ 13.0%

D. Total Actuarial Accrued Liability 1,959,405$ 195.0% 2,047,121$ 203.8% 2,096,772$ 208.7%

E. Smoothed Value of Assets 1,284,535$ 127.9% 1,284,535$ 127.9% 1,284,535$ 127.9%

F. Unfunded Actuarial Accrued Liability 674,870$ 67.2% 762,586$ 75.9% 812,237$ 80.8%

G. Member Cost 70,328$ 7.0% 70,328$ 7.0% 70,328$ 7.0%

H. City Cost (includes expenses) 120,619$ 12.0% 125,925$ 12.5% 134,675$ 13.4%

I. Increase / (Decrease) in City Cost N/A N/A 5,306$ 0.5% 14,056$ 1.4%

South Miami Pension Plan

Normal Retirement eligibility - the earlier of Normal Retirement eligibility - the earlier of

Actuarial Studies as of October 1, 2018 - AMSC Group

Actuarial Valuation Scenario 1 Scenario 2

33 years of Credited Service regardless of ageAge 60 with 5 years of Credited Service or

33 years of Credited Service regardless of age100% vested upon 5 years of Credited Service 100% vested upon 5 years of Credited Service

Age 62 with 5 years of Credited Service or

464

MIAMI DAILY BUSINESS REVIEW Published 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

GUILLERMO GARCIA, who on oath says that he or she is the

DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review Ilk/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 HEARINGS - CITY OF SOUTH MIAMI - JUN. 18, 2019

in the XXXX Court, was published in said newspaper in the issues of

06/07/2019

Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade 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 said

GUILLERMO GARCIA personally known to me

.,.;~:!,::~,!~;t'. BARBARA THOMAS ffh. \ '\ Comr.lission # GG 121171 ;~·d!~iil E:xpires November 2,2021

·":'~kr.1.~;:t.·· B~MCd Thru Troy Fain Insurance 800-385·7019

CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS

NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, June 18, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following items:

An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fratemal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc. by creating Section 16-2B - Deferred Retirement Option Plan ("DROP") and amending Section 16-12 to define DROP members.

An Ordinance amending the South Miami Pension Plan to' implement the Collective Bargaining Agreements between the City of South Miami and the American Federation of State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order of Police, Inc" and the Dade County Police, Benevolent Association, Inc. as well as' Implement Changes for Members who are not covered under a Collective Bargaining Agreement; by amending Section 16-12, ' Definitions"; by amending Section 16-13, 'Eligibility'; by amending Section 16-1 4, ' Pension benefits and retirement dates" ; by amending Section 16-17, "Termination"; and by amending Section 16-19, Contributions",

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 evidenc upon which the appeal is to be based. '. 6/7 19-126/0000405588M

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26SE SUNDAY JUNE 9 2019NEIGHBORS MIAMIHERALD.COM

CITY OF SOUTH MIAMI

NOTICE OF PUBLIC HEARINGS

NOTICE IS HEREBY given that the City Commission of the City of

South Miami, Florida will conduct Public Hearings at its regular City

Commission meeting scheduled for Tuesday, June 18, 2019, beginning

at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to

consider the following items:

An Ordinance amending the South Miami Pension Plan to implement

the Collective Bargaining Agreements between the City of South

Miami and the American Federation of State, County and Municipal

Employees, AFL-CIO, City Employees Local 3294, the Florida State

Lodge, Fraternal Order of Police, Inc., and the Dade County Police

Benevolent Association, Inc. by creating Section 16-28 - Deferred

Retirement Option Plan (“DROP”) and amending Section 16-12 to

define DROP members.

An Ordinance amending the South Miami Pension Plan to implement

the Collective Bargaining Agreements between the City of South

Miami and the American Federation of State, County and Municipal

Employees, AFL-CIO, City Employees Local 3294, the Florida

State Lodge, Fraternal Order of Police, Inc., and the Dade County

Police Benevolent Association, Inc. as well as Implement Changes

for Members who are not covered under a Collective Bargaining

Agreement; by amending Section 16-12, “Definitions”; by amending

Section 16-13, “Eligibility”; by amending Section 16-14, “Pension

benefits and retirement dates”; by amending Section 16-17,

“Termination”; and by amending Section 16-19, Contributions”.

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.

Less than two years afterfast-fashion fans rejoiced atthe opening of the onlyTopshop in Florida, thetwo-story mega store inAventura Mall will close.Sales at Topshop and

Topman, the brand’s jointmenswear store, began lastweek after Arcadia Group,the brand’s parent compa-ny, announced a plan torestructure after filing forbankruptcy. There is noofficial closing date as ofnow.Topshop and Topman,

which opened Nov. 20,2017, was the brand’s 11thbrick-and-mortar store inthe U.S. and the only one in

Florida. It was part of themall’s expansion thatincluded the return of Zara,a 93-foot tall slide andseveral bougie restaurants.Now, black and red signs

hanging from the ceilingread “STORE CLOSINGSALE!”Certain racks are on sale,

including for up to 50 per-cent off, while the rest ofthe store is normal price.Customers can pay $6 fortube tops, $10 for a bikiniand $30 for “mom jeans”that used to cost $80.But don’t pull out your

credit card just yet. Thestore is only acceptingpayments in cash. Papersigns that read “CASHONLY” are taped on thestore’s glass walls and atthe cash registers. The

store’s manager said thecash only policy “comesfrom corporate” and he didnot know a reason as towhy.About 50 Arcadia Group

brand stores are set toclose, according to theBBC.Topshop and Topman’s

websites are advertising anup to 50 percent off sum-mer sale while showing nosigns of U.S. stores shuttingdown. Arcadia Group CEOIan Grabiner blamedonline competition andchanging consumer habitsas part of the company’sstruggles, according toCNN.“This has been a tough

but necessary decision forthe business,” Grabinersaid in a statement.

South Florida shoppers will have to resort to paying shipping again now that Topshop, thetrendy UK retailer, is closing.

After only two years,Aventura Mall’s Topshopstore is closing. Thatmeans big salesBY AMANDA [email protected]

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CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM

To: The Honorable Mayor & Members of the City Commission

From: Steven Alexander, City Manager

Date: June 18, 2019

Subject: Ordinance amending the South Miami Pension Plan Approved on First Reading, June 4, 2019 - Actuarial Impact Statement

SUMMARY

The savings provided by adopting the recommended Ordinance amending the City’s Pension Plan is an annual estimated total savings amount of $15,434.

BACKGROUND

On June 4, 2018, the City Commission approved, with amendments, on first reading, an Ordinance amending the South Miami Pension Plan. Before any amendment can be adopted, a statement of actuarial impact is required by Section 112.63(3), F.S. An Actuarial Impact Statement means a statement setting forth the actuarial liabilities and contribution requirements of a proposed change in the provisions of a local retirement system certified by an enrolled actuary.

On June 14, 2019, GRS issued their Actuarial Impact Statement which may be found attached. The Actuarial Impact Statement was prepared reflecting the impact to all classes Police Lower and Upper Units, the General Employees and Administrative Management Service Class (AMSC).

The Florida Administrative Code (60T-1.004(3)(a)) states that an Actuarial Impact Statement must be certificated and signed and dated by the Plan Administrator and contain the following information:

a. A description of the proposed amendment and a statement that the actuary was provided the information necessary to evaluate the proposed amendment;

b. An estimate of the cost of implementing the amendment, signed and dated by an enrolled actuary, which discloses, at a minimum, sufficient information on both the before and after amendment basis, so that another actuary, unfamiliar with the situation, would be able to appraise the estimate. If any actuarial assumptions, techniques or methods are also changed, additional information disclosing the effect of such actuarial changes must be provided;

c. A statement indicating whether the proposed change is in compliance with Part VII, 467

Page 2 of 2

Chapter 112, F.S. and Section 14, Article X of the State Constitution.

No unit of local government shall agree to a proposed change in the retirement benefits or liabilities of a local system, unless the administrator of the system, prior to adoption of the change by the governing body, has issued a statement of actuarial impact of the proposed change upon the local retirement system prior to the last public hearing.

Based directly on information from the City’s Pension Plan Actuary, (GRS), and their Actuarial Impact Statement, the City can responcibly make the following statement.

The savings provided by adopting the Ordinance amending the City’s Pension Plan is; an annual total savings amount of $15,434.42.

Below is a table which reflects the information based on GRS’ Actuarial Impact Statement.

PENSION IMPACT STATEMENT SUMMARY INFORMATION

Description Annual

Aggregate Salaries

City Annual Required Contribution for Proposed Change $36,793

Expected Payroll of Active Employees Before Change $6,721,049

Expected Payroll of Active Employees After Change $7,467,155

Difference Amount No Longer Contributing to the DC $746,106

Defined Contribution (DC) Plan City % 7%

City's Savings Amount no longer needing to be Contributing $52,227.42

Total Annual Estimated Savings $15,434.42

ATTACHMENTS

− Proposed Ordinance

− June 14, 2019, GRS Actuarial Impact Statement

− Res. No 146-01-11294 - GRS

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June 14, 2019 Ms. Edemir K. Estrada Pension Administrator Gabriel, Roeder, Smith & Company One East Broward Blvd. Suite 505 Fort Lauderdale, Florida 33301-1804 Re: South Miami Pension Plan

Actuarial Impact Statement Dear Edemir: As requested, we are pleased to enclose twelve (12) copies of our Actuarial Impact Statement as of October 1, 2018 for the proposed Ordinance under the South Miami Pension Plan (Plan) with the State of Florida (copy enclosed) prior to second reading. Background Currently General Employees hired on or after October 1, 2016 have ninety (90) days from date of hire to elect to participate in the Plan as a Tier 2 member (or as their respective Administration Management Service Class (ASMC) classification) or join the City’s Defined Contribution (DC) Plan. General Employees hired prior to October 1, 2016 who were participating in the DC Plan as of October 1, 2016 had ninety (90) days from September 20, 2016 to elect to participate in the Plan as a Tier 2 member (or as their respective AMSC classification) or remain in the City’s DC Plan. Currently ASMC membership is composed of employees who hold the following positions:

City manager Planning and zoning director City attorney Building director City clerk Director of public works Assistant / deputy city manager Chief of police Finance director / chief financial officer Parks and recreation director Chief administrative officer (currently

finance officer manager) Chief procurement officer (currently

purchasing manager) Currently the Plan provides AMSC members the following normal retirement eligibility and vesting provisions:

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Ms. Edemir K. Estrada June 14, 2019 Page Two

Normal Retirement eligibility upon the earlier of:

(a) Attainment of age sixty-five (65) and completion of three (3) years of Credited Service

(b) Completion of thirty-three (33) years of Credited Service regardless of age

Vesting – 100% vesting upon completion of three (3) years of Credited Service In addition, currently police lieutenants and police captains member contributions are capped at twelve percent (12%) of earnings. Police officers and sergeants member contributions are not capped. Proposed Ordinance – The proposed Ordinance: The City will shall hold an annual open enrollment period during which time

employees who previously elected to enter the DC Plan may opt-out of the DC Plan and elect to participate in the Plan as a Tier 2 member (or as their respective AMSC classification).

The following positions are added to the AMSC classification:

Community redevelopment agency director Personnel manager Project manager Special assistant to the manager Superintendent of maintenance Assistant director of parks and recreation

AMSC Normal Retirement eligibility upon the earlier of:

(a) Attainment of age sixty (60) and completion of five (5) years of Credited Service (b) Completion of thirty-three (33) years of Credited Service regardless of age

AMSC Vesting – 100% vesting upon completion of five (5) years of Credited Service.

AMSC members who have completed three (3) years of Credited Service as of the effective date of the Ordinance shall be 100% vested.

Police officers and sergeants member contributions are capped at twelve percent

(12%) of earnings as of October 1, 2018. Cost – The total impact of the proposed Ordinance results in an expected increase in the first year Net City Annual Required Contribution of $36,793 and results in an expected

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Ms. Edemir K. Estrada June 14, 2019 Page Three

increase in the first year expected Member Annual Required Contribution of $40,892. Filing Requirements – We have prepared the Actuarial Impact Statement for filing with the State of Florida. Please note that this Statement must be signed and dated on behalf of the Board of Trustees. Copies of the Ordinance upon passage at first reading along with the signed and dated Actuarial Impact Statement are generally required to be filed with the State at the following address:

Mr. Douglas E. Beckendorf, A.S.A. Bureau of Local Retirement Services Division of Retirement Building 8 Post Office Box 9000 Tallahassee, Florida 32315-9000

We understand the State requires funding any increases in costs no later than the fiscal year next following the effective date of the Ordinance. Please forward a copy of the Ordinance upon passage at second reading to update our files. Actuarial assumptions and methods, Plan provisions, financial data and member census data – The actuarial assumptions and methods, financial data and member census data employed for purposes of our Actuarial Impact Statement are the same actuarial assumptions and methods, financial data and member census data utilized for the October 1, 2018 Actuarial Valuation unless otherwise specified herein:

AMSC – Normal and Early Retirement Rates

Age Valuation Proposed Ordinance

Less than 33 years of Credited Service 55 - 59 10% 10% 60 - 61 10% 25% 62 - 66 25% 35%

67 & above 100% 100% With 33 years or more years of Credited Service Under 62 25% 25%

62 - 66 25% 35% 67 & above 100% 100%

Based upon prior discussions with the City and prior Plan experience along with prior Actuarial Projection Studies, we have assumed 50% of current employees in the DC Plan and

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Ms. Edemir K. Estrada June 14, 2019 Page Four

all eligible AMSC employees will elect to join the Plan. However, we assume the Chief of Police will elect to continue to participate in the DC Plan. Demographic data for employees in the DC Plan and AMSC members was reported by the City. We understand the City attorney position is currently filled by outside counsel and not by a City employee. The Plan provisions employed for purposes of our Actuarial Impact Statement are the same Plan provisions utilized in the October 1, 2018 Actuarial Valuation with the exception of the proposed changes described above. Other Considerations – Under Governmental Accounting Standards Board (GASB) Statement Number 68, we understand the full cost of benefit changes must be recognized immediately in pension expense (accounting not funding). This Actuarial Impact Statement is intended to describe the estimated future financial effects of the proposed benefit changes on the Plan and is not intended as a recommendation in favor of the benefit changes nor in opposition to the benefit changes. If all actuarial assumptions are met and if all current and future minimum required contributions are paid, Plan assets will be sufficient to pay all Plan benefits, future contributions are expected to remain relatively stable as a percent of payroll and the funded status is expected to improve. Plan minimum required contributions are determined in compliance with the requirements of the Florida Protection of Public Employee Retirement Benefits Act and Police Officers Retirement Chapter 185 with normal cost determined as a level percent of covered payroll and a level percent amortization payment using an initial amortization period of 25 years. The Unfunded Actuarial Accrued Liability (UAAL) may not be appropriate for assessing the sufficiency of Plan assets to meet the estimated cost of settling benefit obligations but may be appropriate for assessing the need for or the amount of future contributions. The UAAL would be different if it reflected the market value of assets rather than the smoothed value of assets. These calculations are based upon assumptions regarding future events. However, the Plan’s long term costs will be determined by actual future events, which may differ materially from the assumptions made. These calculations are also based upon present and proposed Plan provisions that are outlined or referenced in this Actuarial Impact Statement. If you have reason to believe the assumptions used are unreasonable, the Plan provisions are incorrectly described or referenced, important Plan provisions relevant to this Actuarial

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Ms. Edemir K. Estrada June 14, 2019 Page Five

Impact Statement are not described or that conditions have changed since the calculations were made, you should contact the undersigned prior to relying on information in this Actuarial Impact Statement. If you have reason to believe that the information provided in this Actuarial Impact Statement is inaccurate, or is in any way incomplete, or if you need further information in order to make an informed decision on the subject matter of this report, please contact the undersigned prior to making such decision. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period) and changes in Plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of such future measurements. This Actuarial Impact Statement should not be relied upon for any purpose other than the purpose described in the primary communication. Determinations of the financial results associated with the benefits described in this report in a manner other than the intended purpose may produce significantly different results. This Actuarial Impact Statement has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. This Actuarial Impact Statement may be provided to parties other than the Board only in its entirety and only with the permission of an approved representative of the Board. The signing actuaries are independent of the Plan sponsor. The undersigned are Members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein.

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Ms. Edemir K. Estrada June 14, 2019 Page Six

If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards,

Lawrence F. Wilson, ASA, EA, MAAA, FCA Jennifer M. Borregard, EA, MAAA, FCA Senior Consultant and Actuary Consultant and Actuary Enclosures cc: Mr. Alfred Riverol

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1

ORDINANCE NO. ______________1An Ordinance amending the South Miami Pension Plan to implement the Collective 2Bargaining Agreements between the City of South Miami and the American Federation of 3State, County and Municipal Employees, AFL-CIO, City Employees Local 3294, the 4Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police 5Benevolent Association, Inc. as well as Implement Changes for Members who are not 6covered under a Collective Bargaining Agreement; by amending Section 16-12, 7“Definitions”; by amending Section 16-13, “Eligibility”; by amending Section 16-14, 8“Pension benefits and retirement dates”; by amending Section 16-17, “Termination”; and 9by amending Section 16-19, Contributions”.10

11WHEREAS, the City of South Miami and the American Federation of State, County and 12

Municipal Employees, AFL-CIO, City Employees Local 3294, the Florida State Lodge, Fraternal Order 13of Police, Inc., and the Dade County Police Benevolent Association, Inc. (hereinafter “Unions”), have 14entered into Collective Bargaining Agreements (“Agreements”); and15

16WHEREAS, there are some members who are not covered under the Agreements, but the City 17

of South Miami is desirous of amending the pension plan provisions for those members in accordance 18herewith; and19

20WHEREAS, some of the purposes and intentions of this ordinance are to provide for adding 21

additional positions to the AMSC class, adding an open enrollment period for joining the South Miami 22Pension Plan, capping contribution percentages for police officers and sergeants and changing normal 23retirement age and vesting for AMSC members; and24

25WHEREAS, Florida law requires that if any provision of a collective bargaining agreement is 26

in conflict with any ordinance over which the chief executive officer has no amendatory power, the chief 27executive officer shall submit to the appropriate governmental body having amendatory power a 28proposed amendment to such ordinance; and29

30WHEREAS, the City Commission has received and reviewed actuarial impact statements related 31

to the amendments to the South Miami Pension Plan that are set forth in this ordinance; and3233

WHEREAS, the City Commission wishes to change the terms of the South Miami Pension Plan34to effectuate the changes called for in the Agreements and to include those individuals who not members 35of the Unions and not covered by the Agreements; and36

37WHEREAS, the City Commission deems it to be in the public interest to provide these changes 38

to the South Miami Pension Plan in order to continue to meet the City’s objectives of retaining City 39employees, hiring the best talent and managing employee turnover.40

41NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND CITY 42

COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:43

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