HomeMy WebLinkAboutR-22-0140City of Miami
Resolution R-22-0140
Legislation
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.
SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes
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
City of Miami Page 1 of 3 File ID: 11621 (Revision:) Printed On: 6/10/2025
File ID: 11621 Enactment Number: R-22-0140
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.
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.
City of Miami Page 2 of 3 File ID: 11621 (Revision:) Printed on: 6/10/2025
File ID: 11621 Enactment Number: R-22-0140
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 11621 (Revision:) Printed on: 6/10/2025