The URL can be used to link to this page

Home My WebLink AboutR-98-0628J-98-627 6/8/98 RESOLUTION NO. 9 " 628 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF XGEN SOFTWARE MAINTENANCE SERVICE FROM OPENWARE TECHNOLOGIES, INC., THE SOLE SOURCE PROVIDER OF THIS SERVICE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FOR ONE YEAR, AT FIRST YEAR COST NOT TO EXCEED $16,078.08, WITH THE OPTION TO EXTEND FOR FOUR ADDITIONAL ONE-YEAR PERIODS AT A RENEGOTIATED COST; ALLOCATING FUNDS THERFOR FROM ACCOUNT CODE NO. 001000.460101.6. 670. WHEREAS, the Department of Information Technology has been using XGEN software, (a Fourth Generation Language) for program development and maintenance since 1988; and WHEREAS, the XGEN software is used on all applications systems to efficiently and effectively create program code; and WHEREAS, it is necessary to receive software maintenance from Openware Technologies, Inc., as the XGEN software product being utilized by the City is solely owned by Openware Technologies, Inc.; and WHEREAS, funds for this service are available from the Department of Information Technology, Account Code No. 001000.460101.6.670; and WHEREAS, the Chief Procurement Officer has adopted a finding that Openware CITY Cosawslow MEETING or J U N 2 3 1998 e`olutio 9 � 1� Technologies, Inc., is the sole source provider for the software and maintenance, as well as the marketing agent for this product in North America; and WHEREAS, the finding of the Chief Procurement Officer has been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager and the Director of the Department of Information Technology recommend that the requirements for competitive formal sealed bids be waived and the procurement of XGEN software maintenance services from Openware Technologies, Inc., the sole source provider, be approved; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this section. Section 2. By a four -fifths (4/5ths) affirmative vote of the members of the City Commission, after a duly advertised public hearing, the City Commission hereby ratifies, approves, and confirms the City Manager's finding of sole source, waives the requirements for competitive sealed bidding procedures, and approves the procurement of XGEN software maintenance services from Openware Technologies, Inc., the sole source provider of this service, for the Department of Information Technology, for one year at a cost not to exceed $16,078.08, with the option to renew for four additional one-year 2 98- 628 periods at a renegotiated cost, with funds therefor hereby allocated from Account Code No. 001000.460101.6. 670. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of June 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation r "rd becomes effective with the elapse often (10) da from the date of Comm' icn action regarding sanwe, without the Mayor ex c' i v o ATTEST: Wa J o m City Clerk WALTER J. FOEMAN CITY CLERK APPR ED S 0 0 7 JA O LLO CI TTORNEY W2638:CSK:ROD AND CORRECTNESS: C/ 3 98- 628 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission FROM : /al.Warshaw City Manager RECOMMENDATION: DATE : May 26, 1998 2 SUBJECT : Resolution Extending XGEN Software Maintenance Sole Source REFERENCES ENCLOSURES: FILE : It is respectfully recommended that the City Commission by a 4/5ths vote, approve my finding that Openware Technologies, Inc., is the sole source for XGEN software maintenance, and therefore, waive the requirements for competitive sealed bids for an extension of software maintenance from Openware Technologies, Inc. 1 Independent Drive, Jacksonville, FL. This maintenance shall be provided on a contract basis for one (1) year at a cost not to exceed $16,078.08 for the first year. I also recommend the option to extend the product support for four (4) additional one (1) year periods with yearly maintenance increases limited to no more than 6% per year, subject to negotiation. Funds are hereby allocated from account number 001000.460101.6.670. BACKGROUND: The Information Technology Department has been using XGEN software, (a Fourth Generation Language) for program development and maintenance since 1988. The XGEN software is used on all applications systems to efficiently and effectively create program code. It is necessary to receive software maintenance support from Openware Technologies, Inc., as the XGEN software product being utilized by the City of Miami is solely owned by Openware Technologies, Inc. Openware Technologies, Inc., is the sole author and marketing agent for the product in North America and is responsible for all maintenance for the product. The Chief Procurement Officer has deemed that Openware Technologies, Inc., is the sole source provider of this software maintenance. r ,. JGP:CMC:AG :ds AWARD SOLE SOURCE 97-98-124 ITEM: XGEN Software Maintenance DEPARTMENT: Information Technology TYPE OF PURCHASE: One (1) year with the option to extend for four (4) additional one (1) year periods. REASON: The XGEN software is used on all application systems to efficiently and effectively create program code. It is necessary to receive software maintenance support as the XGEN software product being utilized by the City is owned by Openware Technologies, Inc. and it is responsible for all maintenance of the product in North America. RECOMMENDATION: It is recommended that award be made to Openware Technologies, Inc. (non-local/non- minority) for the acquisition of XGEN software maintenance at an initial one ( 1 ) year cost not to exceed $16,078.08, with the cost on any extension not to exceed a 6% annual increase, subject to negotiation, with funds therefore allocated from account code 001000.460101.6.670. ate z/procurement/bids/word/AwazdSoleSource 98- 628 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Judy S. Carter DATE May 26, 1998 FILE Chief Procurement Officer SUBJECT Resolution on XGEN Software Maintenance "; i Sole Source FROM Aldo Stancato ° REFERENCES: Director Information Technology Department ENCLOSURES: This Department has verified funding with the Department of Budget that funds are available to cover the cost of XGEN software maintenance support from Openware Technologies, Inc. at a first year cost not to exceed $16,078.0 from Account Code No. 001000.460101.6.670. BUDGET REVIEWED AND APPROVED BY: Dipak M. Parekh, Director Department of Budget TO FROM Donald H. Warshaw City Manager_ Judy S. hector Departt o Purchasi CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: June 3, 1998 FILE SUBJECT: Sole Source Request for the Purchase of XGEN Software REFERENCES Maintenance ng ENCLOSURES: An investigation las conducted by staff from the Department of Purchasing to determine whether Openw a Technologies, Inc., a non-local/non-minority vendor located at 1 Independent Drive, Jacksonville, Florida, is the sole source provider, of XGEN Software Maintenance. The Information Technology Department has been using XGEN software for program development and maintenance since 1988. The XGEN software is used on all application systems to efficiently and effectively create program code. It is necessary to receive software maintenance support from Openware Technologies, Inc. as the XGEN software product being utilized by the City is solely owned by Openware Technologies, Inc. An analysis of this request revealed that the acquisition of XGEN software maintenance from Openware Technologies, Inc., formerly known as Jacksonville Software and Software Clearing House, has previously been deemed a • sole source by the City pursuant to Resolutions 93-487, 89-157, and 88-241. Contact with Openware Technologies, Inc. revealed this acquisition remains a sole source. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Openware Technologies, Inc. is the sole source provider of XGEN Software Maintenance, for an initial one (1) year cost not to exceed $16,078.08, with the option to extend four (4) additional one (1) year periods, with any maintenance increase not to exceed 6% per year, subject to negotiation. Funding will be from account number 001000.460101.6.670. DHW/CMC/JSC/AGS APPROV BY: Donbid H. Warshaw City Manager Z/word/procurement/bids/SOLESOURCEXGENsoftwareM aintenance.ITD Date: ! / 4 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ° Judy Carter, Director DATE Department of. Purchasing SUBJECT: - a. B rns rROM: REFERENCES: Sr. Procurement Contracts Officer ENCLOSURES: June 1, 1998 FILE : Sole Source Finding for XGEN Software Maintenance The Information Technology Department has requested a sole source finding for the acquisition of XGEN Software Maintenance from Openware Technologies, Inc., a non- local/non-minority vendor, located at 1 Independent Drive, Jacksonville, Fla., for an initial one (1) year period at a cost not to exceed $16,078.08. The City maintains the option to renew the contract for four (4) additional one (1) year periods with the annual maintenance increase not to exceed 6% annually, subject to negotiation. Funding will be from account number 001000.460101.6.670. The Information Technology Department has been using XGEN software for program development and maintenance since 1988. The XGEN software is used on all application systems to efficiently and effectively create program code. It is necessary to receive software maintenance support from Openware Technologies, Inc. as the XGEN software product being utilized by the City is solely owned by Openware Technologies, Inc. An analysis of Sole Source files revealed that the acquisition of XGEN maintenance has previously been deemed a sole source by the City from Openware Technologies, Inc., formerly known as Jacksonville Software and Software Clearing House, pursuant to Resolutions 93-487, 89-157, and 88-241. Contact with Openware Technologies, Inc. revealed this acquisition remains a sole source. Therefore, I recommend the acquisition of the XGEN Software Maintenance be deemed a sole source. APPROVED c: Also Stancato, Director DATE: ZJword/procu rement/bids/SOLESOURCEXGENsoftareMaintenance.ITD 98- 628 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Judy Carter DATE May 26, 1998 FILE Chief Procurement Officer ' SUBJECT XGEN Software Maintenance Sole Source FROM Aldo Stancat0 REFERENCES Interim Director J Information Technology Department ENCLOSURES: This memo serves to request that you approve a finding that Openware Technologies, Inc., located at 1 Independent Drive, Jacksonville, FL 32202 is the sole source provider for the XGEN software maintenance utilized by the Information Technology Department. The Information Technology Department has been using XGEN software, (a Fourth Generation Language) for program development and maintenance since 1988. The XGEN software is used on all applications systems to efficiently and effectively create program code. It is necessary to receive software maintenance support from Openware Technologies, Inc., as the XGEN software product being utilized by the City of Miami is solely owned by Openware Technologies, Inc. Openware Technologies, Inc., is the sole author and marketing agent for the product in North America and is responsible for all maintenance for the product. It is therefore respectfully requested that you approve a sole source finding for Openware Technologies, Inc., for the XGEN software maintenance. Please indicate your approval below. Appro a__)Date: JNProcurekent Officer AGS:ds CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM TO : Christina Cuervo DATE May 26, 1998 FILE Assistant City Manager SUBJECT Resolution Extending XGEN Software Maintenance Sole Source FROM Aldo StancatO REFERENCES: 1 Interim Director' Information Technology Department ENCLOSURES: The Information Technology Department has been using XGEN software, (a Fourth Generation Language) for program development and maintenance since 1988. The XGEN software is used on all applications systems to efficiently and effectively create program code. It is necessary to receive software maintenance support from Openware Technologies, Inc., as the XGEN software product being utilized by the City of Miami is solely owned by Openware Technologies, Inc. Openware Technologies, Inc., is the sole author and marketing agent for the product in North America and is responsible for all maintenance for the product. It is respectfully recommended that the City Commission adopt the attached resolution by a four -fifths (4/5ths) affirmative vote of the members of the City Commission, after a duly advertised public hearing, ratifying, approving and confirming the City Manager's finding of sole source, waiving the requirements for competitive sealed bids and approving an extension of software maintenance from Openware Technologies, Inc.., a non -local, sole source vendor. This maintenance shall be provided on a contract basis for one (1) year at a cost not to exceed $16,078.08 for the first year. The option to extend the product support for four (4) additional one (1) year periods with yearly maintenance increases limited to no more than 6% per year, subject to negotiation, is also respectfully requested. Funds are hereby allocated from account number 001000.460101.6.670. AGS:ds c: Judy Carter 98- 628 CITY OF MIAMI FLORIDA NOTICE TO THE PUBLIC A public hearing will be held by the Commission of the City of Miami, Florida, on Tuesday, June 23, 1998, at 9:30 AM, in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of considering a waiver of the requirement of obtaining sealed competitive bids for the provision of XGEN software maintenance for the City of Miami offered by Openware Technologies, Inc., at a proposed first year cost not to exceed $16,078.08. Inquiries from other potential sources who feel that they might be able to satisfy the City's requirements in this acquisition may contact Aldo Stancato, Information Technology Department at the following number (305) 416-1505. All interested persons are invited to appear and may be heard concerning such proposed waiver and purchase. The hearing will be held at the time and place specified above. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceeding is made, including all testimony and evidence upon which any appeal may be based. Walter Foeman City Clerk Miami, Florida 98- 628 April 29, 1998 VIA FACSIMILE Aldo Stancato Miami, City of Information Technology Division Miami Riverside Center 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 RE: "Sole Source" for XGEN and its annual maintenance Dear Mr. Stancato: This letter is to confirm the XGEN software product that is being utilized by the City of Miami is solely owned by Openware, a modis Solutions Company. Openware is the sole author and marketing agent for the product in North America and is responsible for all maintenance for the product. If there are any questions regarding this or any other issues please feel free to give me a call at (850)877-7541. Regards Tom Causseaux Regional Manager Openwa.re _ 8 628 Openware A modis Solutions Company Maintenance Agreement Addendum to Software License Agreement # 1018 for City of Miami ("Customer") Maintenance for the following Software Licenses Issued : XGEN Development/Production License for All-J (License Purchased on 3/29/88) Annual Software Maintenance: 15% of Published License Fees Annual Maintenance Expiration Term: YEAR 1 TOTAL $ 16,078.08 April 1, 1998 through March 31,1999 YEAR 2 TOTAL* $ 17,042.76 April 1, 1999 through March 31, 2000 YEAR 3 TOTAL* $ 18,065.32 April 1, 2000 through March 31, 2001 YEAR 4 TOTAL* $ 19,149.24 April 1, 2001 through March 31, 2002 YEAR 5 TOTAL* $ 20,298.19 April 1.2003 through March 31, 2004 * Annual maintenance amounts for years 2 through 5 reflect a six (6) percent maximum annual maintenance increase. The maintenance fees listed above only apply to the following licensed hardware. Licensed Hardware: Processor(s): 1. A17-J Location of Licensed Equipment: Information Technology Division Miami Riverside Center 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Authorization: CUSTOMER Authorized Signature Printed Name and Title Date OPENWARE Authorized Signature Printed Name and Title Date Maintenance Agreement Addendum to Openware's Software License Agreement Serial Number