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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11621 Date: 03/04/2022 Commission Meeting Date: 04/14/2022 Type: Resolution Subject: Sole Source - Touchstone IQ, LLC Purpose of Item: Requesting Department: Department of Building Sponsored By: Ken Russell, Manolo Reyes District Impacted: All The nature of this item is to authorize a resolution of the Miami City Commission with attachment(s), by a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended, after an advertised public hearing, ratifying, approving and confirming the City Manager's finding of a sole source; waiving the requirements for competitive sealed bidding procedures and awarding a contract for the purchase of a Building Benchmarking and Performance Software Solution from Touchstone IQ LLC, a Colorado Limited liability Company with a principal address located at 1635 Blake St., STE 200, Denver, CO 80202 ("Touchstone"), for the Building Department ("Building"), on a contractual basis, for an initial period of four (4) years, with an option to renew for two (2) additional two (2) year periods; allocating funds from Building's General Fund or various sources of funds of Building; subject to budgetary approval at the time of need; further authorizing the City Manager to execute the negotiated Professional Services Agreement ("PSA"), in a form acceptable to the City Attorney; further authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, and extensions; subject to all allocations, appropriations and budgetary approvals having been previously made, compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: The Building Department ("Department"), has a need for a building benchmarking and performance software that assists building owners during the building benchmarking and Building Performance Standards ("BPS") which will measure utility usage and assist in the implementation of energy and water efficiency measures for multi -family and commercial buildings over 20,000 square feet. Additionally, the Departments must comply with a City Commission initiative to promote utility efficiency in all buildings located within the City meeting the referenced criteria. This ordinance is the first of its kind in South Florida and the first in the state of Florida to include retuning requirements. In an effort to meet the timeframe, and cost constrains it was determined that a commercial off the shelf software solution would be the most feasible. Touchstone is currently the only off the shelf software solution to provide governmental agencies the required services coupled with the necessary multilingual public facing technical support services (help desk), and data privacy required by the City. Touchstone has various sole source contracts with governmental entities. In addition Touchstone has governmental contracts that were a result of a competitive process, however in these cases the governmental entities were open to having a system built from the ground up. Budget Impact Analysis Item is an Expenditure Item is NOT funded by Bonds Item is NOT Related to Revenue Total Fiscal Impact: General Account No.: General Fund or other sources of funding (as required) City Manager's Office Office of Management and Budget Office of Management and Budget Department of Procurement Department of Risk Management City Manager's Office Legislative Division Office of the City Attorney City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Asael Marrero Fred Pericles Marie Gouin Yadissa Calderon Ann -Marie Sharpe Nzeribe Ihekwaba Marta Gomez Pablo Velez Arthur Noriega V Barnaby L. Min Victoria Mendez Maricarmen Lopez City Clerk's Office Reviewed B Department Head Review Budget Analyst Review Budget Review Procurement Review Risk Review Assistant City Manager Review Legislative Division Review ACA Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 03/17/2022 11:48 AM 03/17/2022 12:54 PM 03/17/2022 7:44 PM 03/18/2022 6:52 AM 03/18/2022 12:37 PM 03/21/2022 10:16 AM 03/21/2022 2:22 PM 03/23/2022 5:44 PM 03/25/2022 3:04 PM 03/25/2022 4:12 PM 03/28/2022 5:22 PM 04/14/2022 9:00 AM 04/15/2022 7:40 PM City of Miami Legislation Resolution Enactment Number: R-22-0140 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11621 Final Action Date:4/14/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A", AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS FOR THE PROVISION OF A BUILDING BENCHMARKING AND PERFORMANCE SOFTWARE SOLUTION FROM TOUCHSTONE IQ LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR THE CITY OF MIAMI'S BUILDING DEPARTMENT ("BUILDING") FOR AN INITIAL PERIOD OF FOUR (4) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS ON AN AS NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM BUILDING'S GENERAL FUNDS OR SUCH OTHER SOURCES OF FUNDING, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TOUCHSTONE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the Chief Procurement Officer ("CPO") has made a finding that Touchstone IQ LLC, a foreign limited liability company authorized to conduct business in Florida ("Touchstone"), is currently the sole source provider of an off the shelf software solution for the provision of a building benchmarking and performance standards software solution ("Software"); and WHEREAS, the Software will provide the City of Miami's ("City") Building Department ("Building") with the assistance necessary for the measuring of utility usage and the implementation of energy and water efficiency measures for multi -family and commercial buildings over 20,000 square feet and provide these services coupled with the necessary multilingual public facing technical support services help desk and data privacy required by the City; and WHEREAS, the finding of the CPO has been approved and adopted as the finding of the City Manager, attached and incorporated as Exhibit "A"; and WHEREAS, the City Manager and the CPO recommend that the requirements for competitive sealed bidding methods be waived and that the procurement of the Software be approved; and WHEREAS, following a published notice made fifteen (15) days prior to the award, City Commission ratification, confirmation, and approval of the sole source, by a four -fifths (4/5th) affirmative vote, is required for waiver of competitive sealed bidding methods; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-92 of the City Code, after an advertised public hearing, the City Manager's finding of a sole source, attached and incorporated as Exhibit "A", and waiving the requirements for competitive sealed bidding methods for the provision of the Software from Touchstone for Building for an initial period of four (4) years with an option to renew for two (2) additional two (2) year periods on an as needed contractual basis is hereby is ratified, approved, and confirmed. Section 3. Funds are allocated from Building's General Funds or such other sources of funding, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute a Professional Services Agreement with Touchstone, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey ) 3/28/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed including, but not limited, to those prescribed by applicable City Charter and City Code provisions.