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Home My WebLink AboutR-22-0014City of Miami f Legislation Resolution: R-22-0014 File Number: 11308 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY OF MIAMI ("CITY") TO ENTER INTO A MUNICIPAL PAYMENT PLAN AGREEMENT ("MPPA") WITH ORACLE CREDIT CORPORATION ("OCC") TO PROVIDE FOR THE PAYMENT OF THE SYSTEM PRICE SPECIFIED IN THE PAYMENT SCHEDULE DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, IN A NOT -TO -EXCEED TOTAL AGGREGATE AMOUNT OF EIGHTEEN MILLION EIGHT HUNDRED FIVE THOUSAND SEVEN HUNDRED SIXTY-ONE DOLLARS ($18,805,761.00) FOR THE ACQUISITION AND IMPLEMENTATION OF ORACLE CLOUD APPLICATIONS MODULES AND PROCESSES PURSUANT TO THE PROPOSAL AGREEMENT FROM MYTHICS, INC., A PRIME CONTRACTOR OF ORACLE, DATED NOVEMBER 8, 2021, ATTACHED AND INCORPORATED AS EXHIBIT "A;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE MPPA WITH OCC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL AMENDMENTS AND DOCUMENTS REQUIRED BY SAID AGREEMENT, PROVIDED THAT THE TERMS ARE CONSISTENT AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE SAID PURCHASE ACQUISITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED, AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, on April 24, 2014, the City Commission approved Resolution No. R-14-0153 authorizing the City of Miami ("City") to access the Maricopa County, Arizona's competitively solicited US Communities (formerly known as the National Intergovernmental Purchasing Alliance Company) Cooperative Contract No. 180233-002 ("Co-op Contract") for the purchase of information technology solutions, including desktops, notebooks, servers, software, peripherals, and services for the City; and WHEREAS, the City may utilize the Co-op Contract to purchase information technology solutions; and WHEREAS, the City has an immediate need to acquire and implement standard functionality for the ORACLE Cloud applications, modules, and processes (collectively, "Project") as the current version being utilized by the City will no longer be supported by ORACLE Corporation ("ORACLE") after December 31, 2021; and City of Miami Page 1 of 3 File ID: 11308 (Revision:) Printed On: 112012022 File ID: 11308 Enactment Number: R-22-0014 WHEREAS, on November 8, 2021, the City received a Proposal Agreement from Mythics, Inc. ("Mythics"), a prime contractor of ORACLE, utilizing the Co-op Contract for the services for the Project, attached and incorporated as Exhibit "A" ("Proposal"); and WHEREAS, a Municipal Payment Plan Agreement ("MPPA") proposed by Oracle Credit Corporation ("OCC") accompanied the Proposal to provide for the payment of the System Price in a total amount not to exceed $18,805,761.00 and as specified in the Payment Schedule, attached and incorporated as Exhibit "B," on an installment basis over a period of three (3) years with payments by the City being made from legally available non -ad valorem revenues budgeted and appropriated therefor and as further described in the MPPA; and WHEREAS, inclusive of the $18,805,761.00 which is proposed herein to be financed, the total cost of this project is $20,357,951.60 for the first year as it includes the following components to complete the project: $190,913.00 for Splash BI, a reporting tool that will allow the City to continue reporting historical financial data and for future analytics that will be needed from the system; $1,361,277.60 for Plante Moran (3rd Party Assurance) a consultant that will assist the City to ensure implementation and agreements are implemented with best practices to assist the City in making sound decisions regarding specific processes and overall implementation of the ORACLE Cloud system, which will be funded in the Internal Service Fund in the mid-year/close-out budget amendment. Funding has been allocated and appropriated for the aforementioned items described herein and any additional funding shall be budgeted, allocated, and appropriated by separate Resolution at time of need; and WHEREAS, on November 15, 2021, after review and analysis by the City of the MPPA, the City's Finance Committee voted to not make a recommendation in favor or against the MPPA and for the City to present the MPPA to the City Commission; and WHEREAS, it is recommended that the MPPA received from OCC be approved by the City Commission; and WHEREAS, it is hereby determined that it is in the best interests of the City for the City Commission to ratify, approve, and confirm certain necessary actions of the City Manager and designated City officials in order to update the relevant capital projects, financial controls, project close-outs, completed projects, accounting entries, and computer systems in connection with the City's funding for the Project and for ongoing compliance for the MPPA; and WHEREAS, it is also hereby determined that it is in the best interests of the City for the City Commission to further authorize the City Manager, City Clerk, Financial Adviser, City Attorney, Bond Counsel, and all other necessary City officials and departments to undertake and to provide for executions and deliveries of all necessary documents, disclosures, certifications, and notices for continuing compliance for the MPPA in accordance with the Florida Constitution, Florida Statutes, the Charter of the City of Miami, Florida, as amended ("City Charter'), the Code of the City of Miami, Florida, as amended ("City Code"), and all other applicable federal, State of Florida ("State"), and local laws, rules, regulations, and requirements; 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. City of Miami Page 2 of 3 File ID: 11308 (Revision:) Printed on: 112012022 File ID: 11308 Enactment Number: R-22-0014 Section 2. The MPPA for the acquisition and implementation of standard functionality for the ORACLE Cloud applications, modules, and processes and the acceptance of the payment plan submitted by Oracle Credit Corporation in a not -to -exceed total aggregate amount of eighteen million, eight hundred five thousand, seven hundred sixty-one dollars ($18,805,761.00) for the acquisition and implementation of ORACLE Cloud applications modules and processes is approved. Amounts payable by the City under the MPPA shall be payable solely from legally available non -ad valorem revenues budgeted and appropriated therefor in installments through the term of the MPPA, currently estimated to go through December 1, 2024, with the final payment terms dependent upon actual services delivered in connection with the Project. Section 3. The City Manager is authorized' to negotiate and execute the MPPA, in a form acceptable to the City Attorney, and any and all amendments and documents required by the MPPA, provided that the terms are consistent and in a form acceptable to the City Attorney. Section 4. The City Manager is further authorized' to take any and all actions necessary to effectuate said acquisition and implementation of standard functionality for the ORACLE Cloud applications, modules, and processes, subject to the availability of funds and budgetary approval at the time of need, and to comply with all applicable laws, rules, regulations, and authorizations, including but not limited to, federal laws, State laws, the City Charter, and the City Code. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, City Nttor iey 1/412022 ' 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 3 of 3 File ID: 11308 (Revision:) Printed on: 112012022