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Home My WebLink AboutR-02-0939J-02-647 7/17/02 RESOLUTION NO. 02- 939 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5T11) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER, AND APPROVING THE ACQUISITION OF E-911 MAINTENANCE SERVICES FOR THE DEPARTMENT OF POLICE FROM AVAYA, INC., IN AN AMOUNT NOT TO EXCEED $69,000; ALLOCATING FUNDS FROM THE E-911 GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.670. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four-fifths (4/51h$) affirmative vote of the City Commission, the City Manager's finding of an emergency, waiving the requirements for competitive sealed bidding procedures and issuing a Purchase Order and approving the acquisition of E-911 maintenance services for the Department of Police from Avaya, Inc., in an amount not to exceed $69,000, is ratified approved and confirmed, with funds allocated from CITY � g�CClDd' SION VIEt ING Pe !" 2 2002 I( ResolatiO71 NO - 0 —. the E-911 General Operating Budget, Account Code No. 196002.290461.6.670. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 22nd day of August , 2002. ATTEST: $PIjS4CeAILLA A: THOMPSON CITY CLERK APPROVNye' AS NDRO VILARELLO ATTORNEY W6333:tr:LB ^WWO_elnw-�n MANUEL A. DIAZ, MAY CORRECTNESS: If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02- 939 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members TO: of the City Commission FROM: OS rieZ City Manager RECOMMENDATION DATE : Ji ! L �'JUL FILE SUBJECT: Resolution Ratifying City Manager's Action REFERENCES: Emergency Purchase of E-911 Maintenance Services ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution ratifying the City Manager's emergency action authorizing the continued provision of E-911 maintenance services by Avaya, Inc., for the Police Department, in an amount not to exceed $69,000. Funding is available from the E-911 Operating Budget, Account Code No. 196002.290461.6.670. BACKGROUND On April 1, 1999, the City of Miami entered into an agreement ("contract") with Lucent Technology Safety Systems, under a - sole source designation for the provision of E-911 Maintenance Services under Resolution 99-538. On September 30'', 2000, Lucent Technologies, Inc., notified the City of Miami that the agreement was being assigned to its subsidiary, Avaya, Inc., a spin-off company of Lucent. As the agreement permitted Lucent to make the assignment, Lucent provided formal notice of its decision to exercise this right; and following numerous meetings and consultation with the Law Department on how to proceed regarding the assignment, James H. Villacorta, Assistant City Attorney, recently determined that assignment of the existing contract and all payments could be made to Avaya, Inc., Lucent's successor and interest, for performance rendered during the base term of the contract. The term of the Agreement was for one year with two (2) additional one-year renewals, or through March 30, 2002. However, Avaya, Inc., did not agree to the renewal of the last period of the contract, under the same terms and conditions, retroactively for the period of April 1, 2001 through March 31, 2002, citing implicit wording that binds them to the provision of services for the entire 911 System. It is Avaya's position that they are only performing a portion (PBX and related equipment) of the contract work and, subsequently, have been billing us only for that portion of the system serviced by their company. Therefore, Avaya forwarded to the City a proposed Amendment to the existing agreement that included a detailed list of software and materials to be covered under the amended agreement. If the City (Law Department) accepts the terms of the amended agreement as proffered, Avaya would extend the contract through March 30, 2002, and continue the provision of services under the amended contract until a new term contract is effective. 02- 939 The Honorable Mayor and Members of the City Commission Page 2 Resolution Ratifying Emergency; E-911 Maintenance Services Avaya is owed for services previously rendered, and is demanding payment for those services. The Police Department received authorization from the City Manager for an Emergency Purchase in an amount not to exceed $69,000 to pay for past due invoices totaling $48,311.11 (through November 2001) and to authorize future payments estimated at $20,688.78, under an amended agreement with Avaya, Inc., for the period of December 2001 until issuance of a new contract, which is anticipated to be in effect by August 2002. The provision of maintenance services on the 911 System affects the health, safety and welfare of our citizens, as the City cannot afford failure of the emergency system for use by its citizenry during an emergency. There will be no additional cost as the maintenance service covers replacement parts. The Police Department's Communications Unit will provide bid specifications for each respective part of the E-911 System to be covered under maintenance. This information will be submitted to the Department of Purchasing for the selection of a qualified vendor(s) through a competitive process or for determination whether this procurement is a sole source. CAG M/lr 02- 939 acv I 1:51;W IT yr m I AM I -12 - 2 : (j : 37P.M PROCUREMENT MGMT . -C I TY OF M I M I POLICE;* 1/ 2 RCUD JAN 3d ,02 �,,,.,......_..� CITY OF MiAlr11 r' t)PICiA INTER -OFFICE MEMORANDUM GTY MANAGERS OFFICE: Carlos A. Gimenez City Manager 1� Chi of Pol RgStintion of commodity/serviced needed P9 EP ! 1 Pi' 3; 55 Dr1 JAN 2 8 2002 :-;L6 FIN 16-2 Zt:t�:F•. 1 Emergency Purchase .4L L•HEN,:F E-911 Maintenance Services ::LU$.'YcS: It is necessary for the Police Department to continue the provision of maintenance services for the E-911 System from Avaya, Inc. Emergency Justification On April 1, 1999, the City of Miami entered into an agreement ("contract") with Luomt Technology Safety Systems, under A sole source designation for the provision of 1=911 Maintenance Services under Resolution 99-538. On September 30", 2000, Lamm Technologies, Inc., notified the City of Miami that the agreement was being assigned to its subsidiary, Avaya, Inc., a spin-off company of Lucent. As the agreement permitted Lucent to make the assignment, Lucent provided formal notice of its decision to exercise this right; and following numerous meetings and consultation with the Law Department on how to proceed regarding the assignment, James H. Villacorta, Assistant City Attorney, recently determined that assignment of the existing contract and all payments could be made to Avaya, Inc., Lucent's successor and interest, for performance rendered during the base tern= of the contract. The term of the Agreement was for one year with two (2) additional one-year renewals, or through March 30, 2002. However, Avaya, Inc., did not agree to the renewal of the last period of the contract under the sa m terms and conditions retroactively for the period of April 1, 2001 through lurch 31, 2002, citing implicit wording that binds them to the provision of services for the entire 911 System. It is Avaya's position that they are only performing a portion (PBX and related equipment) of the contract work and, subsequently, have been billing us only for that portion of the system serviced by their company. Therefore, Avaya forwarded to the City a proposed Amendment to the existing agreement that included a detailed list of software and materials to be covered under the amended agreement. If the City accepts the terms of the amended agreement as proffered, Avaya would extend the contract through March 30, 2002, and continue the provision of services under the amended contract until a new term contract is effective. .. TM. Nt t ` e FRW (e 90 '� A�'{yt 4 S DATE: .2. Z/ ' w u� P/� I71NG FAX is 9 r G,3 FAX r: PHONE #, 02- 939 St ]Yl, tsY :CITY OF M l AM [ 2-12— 2 ; 6 : 38PM PROCIJWNXN1T MGMT. —�C I TY OF Id I AM t POL [ CE # 2! 2 Carlos A. Mate= Ernergency purchase; Pagc 2 E-911 Maintenance Services Be advised Avaya is owed for services previously rendered, and is demanding payment for those services: At this time, we are requesting your authorization for an Emergency Purchase in an amount not to exceed $69,000 to pay for past due invoices totaling $48,311.11 (through November 2001) and to authorize future payments estimated at $20,688.78, under an amended agreement with Avaya, Inc., for the period of December 2001 until issuance of a new contract, which is anticipated to be in effect by August 2002. The provision of maintenance services on the 911 System affects the health, safety and welfare of our citizens, as the City cannot afford failure of the emergency system for use by its citizenry during an emergency. There wiQ be no additional cost as the maintenance service cover's replacement parts. A request has been made of the Communications Unit to provide bid specifications for each respective part of the E-911 System to be covered under maintenance. This information will be submitted to the Department of Purchasing for the selection of a qualified vendor(s) thmugh a competitive process or for determination whether this procurement is a sole source. $UMET. REMW AND A.P�RO_ Vt L: Account Code No. 196002.290461.6.670 Amount: $69,000.00 4J,inda M. Haskins Director Department of Management dt Budget Cil$ of HOW Mwtiifi�! Tk" w • t,�l t._j f � 0- 02— 939