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R-98-0770
J-98-759 pp 7/21 /98 RESOLUTION NO. 9 © - 770 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 RELICENSING, MAINTENANCE AND SUPPORT SERVICES OF B & L SOFTWARE FROM B & L ASSOCIATES, INC., THE SOLE SOURCE PROVIDER OF THESE SERVICES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT A COST NOT TO EXCEED $153,172.00 DURING ITS INITIAL YEAR, WITH THE OPTION TO RENEW THE MAINTENANCE AND PRODUCT SUPPORT SERVICES FOR FOUR ADDITIONAL ONE- YEAR PERIODS, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED 4% PER YEAR; SAID APPROVAL SUBJECT TO FURTHER NEGOTIATION WITH UNISYS REGARDING PRICE AND BUDGET AND REVIEW OF UNISYS PROPOSAL, WITH POSSIBLE ALTERNATIVES AS A RESULT OF THE KPMG REPORT; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 31 1603.469401.6.840. WHEREAS, the Information Technology Department has been using BL/Lib, BL/Pack, and BL/Sched since 1984; and WHEREAS, the BL products allow the department to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner; and WHEREAS, due to the upgrade of the A-17 mainframe to the ClearPath CITY COiw MSiON MEETING OF J U L 2 1 1998 Resolution No. 98- 770 NX5802-32, it is necessary to re -license all of the B & L software; and WHEREAS, funding is available from the Capital Improvement Program, Account Code No. 31 1603.469401.6.840; and WHEREAS, B & L Associates, Inc., is the sole manufacturer and distributor of the existing BL products; and WHEREAS, the Chief Procurement Officer has adopted a finding that B & L Associates, Inc., is the only vendor able to provide re -licensing, maintenance and product support services to the BL/Lib, BL/Robo, BL/Viewer, BL/Pack, BL/Sched and BL/Dist software; 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 Information Technology Department recommend that the requirements for competitive formal sealed bids be waived and the re -licensing, maintenance and support services of B & L software from B & L Associates, 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 (4/5`hs' 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 bidding procedures, and approves the re -licensing, maintenance and support services of B & L software from B & L Associates, Inc., the sole source provider 2 98 - 770 for these services, for the Information Technology Department, at a cost not to exceed $153,172.00 during its initial year, with the option to renew the maintenance and product support services for four additional one-year periods, with annual maintenance increases not to exceed 4% per year, said approval subject to further negotiation with UNISYS regarding price and budget and a review of the UNISYS proposal, with possible alternatives as a result of the KPMG report, with funds therefor hereby allocated from the Capital Improvement Program, Account Code No. 31 1603.469401.6.840. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 21st day of July , 1998. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approvni of this legislation by signing it in the designated place provided, said legislat'-r� v becomes effective with the elapse of ten (10) dapys from the date of Cc issicn regarding same, without thei Mayor exer ' in v �. WA9F4. Foe —man , City Clerk WALTER J. FOEMAN, CITY CLERK APPROVtS ND CORRECTNESS: J DRO VILARELLO I ATTORNEY W2745:et:csk:ORS ' 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. 3 9 770 CITY OF MIAMI, FLORIDA 3 INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and Members DATE : June 30, 1998 FILE of the City Commission SUBJECT : Resolution on B & L Software _ Relicensing and Maintenance FROM : Onald . Warshaw REFERENCES : Sole Source City Manager ENCLOSURES: RECOMMENDATION: 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 the relicensing, maintenance and product support from B & L Associates, Inc., a non -local, sole source vendor. This relicensing, maintenance and product support shall be provided at a cost not to exceed $153,172. The option to extend the product support for four (4) additional one (1) year periods with yearly maintenance increases limited to no more than 4% per year is also respectfully requested. Funds are hereby allocated from CIP account code no. 311603.469401.6.840. BACKGROUND: The Information Technology Department has been using BL/Lib, BL/Pack, and BL/Sched since 1984. These three products allow the Information Technology Department to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner. To complete our integration of system applications, we purchased BL/Robo, BLNiewer, and BL/Dist in 1996. These three products allow the Information Technology Department to retrieve tapes through the use of robotic technology and create user reports for reviewing and distribution with the use of a PC. Due to the upgrade of the A-17 mainframe to the C1earPath NX5802-32, it is necessary to relicense all our BL software. It is necessary to receive software maintenance support from B & L Associates, Inc., as BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software products being utilized by the City of Miami are solely owned by B & L Associates, Inc. B & L Associates, Inc., is the sole author and marketing agent for the products in North America and is responsible for all maintenance for the products. The Chief Procurement Officer has deemed that B & L Associates, Inc. is the sole source provider of this software relicensing, maintenance and product support. 41 DHW:CMC:AGS:ds CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Donald H. Warshaw DATE : June 30, 1998 FILE City Manager SUBJECT: Resolution on B & L Software Relicensing and Maintenance FROM : Aldo Stancat0 1� REFERENCES: Sole Source Interim DirectorV ENCLOSURES Information Technology Department BACKGROUND: The Information Technology Department has been using BL/Lib, BL/Pack, and BL/Sched since 1984. These three products allow the Information Technology Department to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner. To complete our integration of system applications, we purchased BL/Robo, BLNiewer, and BL/Dist in 1996. These three products allow the Information Technology Department to retrieve tapes through the use of robotic technology and create user reports for reviewing and distribution with the use of a PC. Due to the upgrade of the A-17 mainframe to the C1earPath NX5802-32, it is necessary to relicense all our BL software. It is necessary to receive software maintenance support from B & L Associates, Inc., as BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software products being utilized by the City of Miami are solely owned by B & L Associates, Inc. B & L Associates, Inc., is the sole author and marketing agent for the products in North America and is responsible for all maintenance for the products. RECOMMENDATION: 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 the relicensing, maintenance and product support from B & L Associates, Inc., a non -local, sole source vendor. This relicensing, maintenance and product support shall be provided at a cost not to exceed $153,172. The option to extend the product support for four (4) additional one (1) year periods with yearly maintenance increases limited to no more than 4% per year is also respectfully requested. Funds are hereby allocated from CIP account code no. 311603.469401.6.840. AGS:ds APPROVED BY: c: Judy Carter Donald H. Warshaw, City Manager 9 8 -- 770 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Judy Carter DATE June 29, 1998 FILE Directof 3 Procurement Department, SUBJECT : Resolution on B & L r Software Relicensing and Maintenance Sole FROM : Aldo Stancat0 j�,��r REFERENCES: Source Director Information Technology Department ENCLOSURES: This Department has verified funding with the Department of Budget that funds are available to cover the cost of BL/Lib, BL/Robo, BL/Viewer, BL/Pack, BL/Sched, and 13L/Dist software relicensing, maintenance and product support at a cost not to exceed $153,172 from CIP account code 311603.469401.6.840. This is part of the Management/Productivity initiative as set forth in the five year plan. Funding to be realized from the sale of the FEC property. BUDGET REVIEWED AND APPROVED BY: d Dipak M. Varekh, Director. Department of Budget CIP FUNDS REVIEWED AND APPROVED BY: F� 1 ar Sa er CIP oordinator 98- 770 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Judy Carter DATE June 29, 1998 FILE : \ Director Purchasing Department SUBJECT : BL Products Software Relicensing and i Maintenance Sole Source FROM : Aldo Stancato gyp, REFERENCES: Director ' . Information Technology Department ENCLOSURES: This memo serves to request that you approve a finding that B & L Associates, Inc., located at 56 Kearney Road, Needham, MA is the sole source provider for the BL/Lib, HVRobo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software r'elicencing and maintenance for utilization by the Information Technology Department. The Information Technology Department has been using BL/Lib, BL/Pack, and BL/Sched since 1984. These three products allow the Information Technology Department to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner. To complete our integration of system applications, we purchased BL/Robo, BLNiewer, and BL/Dist in 1996. These three products allow the Information Technology Department to retrieve tapes through the use of robotic technology and create user reports for reviewing and distribution with the use of a PC. Due to the upgrade of the A-17 mainframe to the ClearPath NX5802-32, it is necessary to relicense all our BL software. It is necessary to receive software maintenance support from B & L Associates, Inc., as BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software products being utilized by the City of Miami are solely owned by B & L Associates, Inc. B & L Associates, Inc., is the sole author and marketing agent for the products in North America and is responsible for all maintenance for the products. It is therefore respectfully requested that you approve a sole source finding for B & L Associates Inc. ' for the BL/Lib, BL/Robo, BLNiewer, BFaVI ack, BL/Sched and BL/Dist so are relicen and maintenance. Please indicate vorovalbelow. S. Carter AGS:ds Officer Date it 98- Tio TO Judy S. Carter, -Director Department of Purchasing FR *am2a'gEA.Bu As Sr. Procurement Contracts Officer CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE July 1, 1998 FILE : SUBJECT: Sole Source Request for B&L Software Re -licensing and Maintenance REFERENCES: ENCLOSURES: The Department of Information Technology is seeking the acquisition of the BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched, and BL/Dist software re -licensing and product maintenance for utilization by the Department from B & L Associates, Inc., located at 56 Kearney Road, Needham, Ma. be deemed a sole source. An investigation was conducted to determine whether B & L Associates, Inc. is the sole source provider of the items described above. The Information Technology Department has been using various products provided by B & L Associates, Inc. since 1984. The BL/Lib, BL/Pack, and BL/Sched allow the Department log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner. The Department additionally purchased BL/Robo, BLNiewer, and BL/Dist in 1996, and these products allow the Department to retrieve tapes through the use of robotic technology and create user reports for reviewing and distribution with the use of a PC. Due to the upgrade of the A-17 mainframe to the ClearPath NX5802-32, it is necessary to re -license all existingBL software. Maintenance support from all of the products indicated above are solely owned and distributed by B & L Associates, Inc. Contact was made with Mr. Bryce Kramer from B & L Associates, Inc. He acknowledged the City has acquired products from B & L Associates, Inc. since 1984, and that they are the sole manufacturer and distributor of the B & L products. There is no other software that can be obtained by the City that is compatible with the existing B & L software already owned by the City to provide the required services. The provision of BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software re -licensing, maintenance and product support shall be provided at a cost not to exceed $153,172.00 during its initial year. The option to extend the product support shall be for four (4) additional one (1) year periods, with annual maintenance increases limited to no more than 4% per year. Funds are allocated from CIP Account Code No. 311603.469401.6.840. Therefore, I am recommending that the requirements for competitive bidding be waived and the following findings be approved: B & L Associates, Inc., a non-minority/non-local vendor, is the sole source provider of the BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software re -licensing, maintenance and product support. APPROVE . DATE: u S Dire or C ief Procurem t Officer cc: Aldo Stancato, Information Technology ,98770 06/30/98 15:37 '$7814445805 B&L Assoc. Inc. Q 002/002 ASSOCIATES, INC. June 30, 1998 Ms. Dawn Shelton City of Miami By FAX Dear Dawn: Following up on our phone conversation; this letter attests that there is no third party in this country that sells any software developed by B&L Associates,Inc. This includes the products BUSOURCE, BULIB, BULABEL, BUDIST, BUPACK, BUROBO, BUVIEWER, and BUSCBED. It is our policy to develop, market and support our own software. In this manner we can control the quality of both the software and the software support. Feel flee to contact me with any questions. shwemly, B �Kmmer B&L Associates, Inc. BAKt1s 56 Kearney Road, Needham, MA 02194 (781) 444-1404 • FAX (781) 444-5805 • e-mail: infb@bun Lwm 98- 770 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM To : Walter J. Foeman DATE : June 29, 1998 FILE City Clerk SUEMECT : Public Hearing Notice Competitive Bid Waiver B & L Software FROM : Aldo Stancat0 ti REFERENCES: Malntenance/Rellcensing Director ENCLOSURES: Sole Source v� Information Technology Department Attached please find the public hearing notice for a waiver of the 'requirement for competitive bids for BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched software relicensing, maintenance and product support on a contract basis for the Information Technology Department scheduled for the Commission meeting of July 21, 1998. Please feel free to contact me at 416-1505 if you have any questions. (:A: pproved: onald H. arshaw City Manager AGS:ds 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, July 21, 1998, at 10:00 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 BL/LIB, BL/ROBO, BL/VIEWER, BL/PAM BL/SCHED AND BL/DIST software relicensing and maintenance and support services for the City of Miami offered by B & L Associates, Inc., at a proposed first year cost not to exceed $147,232.00 , 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- 770 AWARD SOLE SOURCE 97-98-158 ITEM: B 8t L Software Maintenance and Re -Licensing DEPARTMENT: Information Technology TYPE OF PURCHASE: Contract for one (l) year with the option to extend the product support for four (4) additional one (1) year periods. REASON: The acquisition of BL/Lib, BL/Robo, BL/Viewer, BL/Pack, BL/Sched and BL/Dist software re - licensing and maintenance support is required due to the upgrade of the A-17 mainframe computer to the ClearPath NX5802-32. No other software is compatible with the existing software other than the software provided by B 8z L Associates, Inc. RECOMMENDATION: It is recommended that award be made to B 8t L Associates, Inc. (non-local/non-minority) for the acquisition of BL/Lib, BL/Robo, BL/Viewer, BL/Pack, BL/Sched and BL/Dist re -licensing and product maintenance, at a first year cost not to exceed $15 3,172.00, with the option to extend the product support for four (4) additional one (1) year periods, with annual maintenance increase(s) limited to no more than 7/procuremenl/bids/word/AwazdSoleSource 98 - 770