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HomeMy WebLinkAboutR-98-0772J-98-757 7/21 /98 RESOLUTION NO. 9 8 — 772 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, TRAINING AND SUPPORT SERVICES OF XGEN/CP (THE FOURTH GENERATION LANGUAGE) AND THE UPGRADE, MAINTENANCE, TRAINING AND SUPPORT SERVICES OF XGUI SOFTWARE FROM OPENWARE TECHNOLOGIES, INC., THE SOLE SOURCE PROVIDER FOR THESE SERVICES, AT A FIRST YEAR COST OF $200,000.00, WITH THE OPTION TO RENEW MAINTENANCE AND PRODUCT SUPPORT SERVICES FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED 5% 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. 311603.469401.6. 840. WHEREAS, the Information Technology has been using XGEN software, a Fourth Generation Language for program development and maintenance since 1988, and it is used on all applications systems to efficiently and effectively create CITY COMMISSION MEETING OF 1 111 2 1 1998 Resolution No. c� 98- /72 program code; and WHEREAS, due to the upgrade of the A-17 mainframe to the ClearPath NX5802-32, it is necessary to re -license the XGEN to XGEN/CP software in order to be compatible with the new ClearPath mainframe; and WHEREAS, the purchase of the XGUI will allow Information Technology to develop applications for the client -server platform with graphical user interface (GUI); and WHEREAS, the XGUI format with XGEN code will enable applications to be coded quickly and efficiently for the new PC environment; and WHEREAS, it is necessary to receive upgrade, relicensing, maintenance, training and product support services on these software; and WHEREAS, funding is available from the Capital Improvement Program, Account Code No. 311603.469401.6.840; and WHEREAS, Openware Technologies, Inc., is the sole source manufacturer of the existing XGEN/CP and XGUI software and the sole provider of the upgrade, relicensing, maintenance, training and product support services; and WHEREAS, the Chief Procurement Officer has adopted a finding that Openware Technologies, Inc., is the only vendor able to provide the upgrade, relicensing, maintenance, training and support services to the City's XGEN/CP and XGUI software; and WHEREAS, the finding of the Chief Procurement Officer has been approved 2 98- 772 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 upgrade, relicensing, maintenance, training and support services of XGEN/CP and XGUI software, 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 bidding procedures, and approves the relicensing, maintenance, training and support services of Xgen/CP (the Fourth Generation Language) and the upgrade, maintenance, training and support services of XGUI software from Openware Technologies, Inc., the sole source provider for these services, for the Information Technology Department, at a first year cost not to exceed $200,000.00, with the option to renew maintenance and product support for four additional one-year periods, with annual maintenance increases not to exceed 5% per year, said approval subject to further negotiation with UNISYS regarding price and budget, and a review of the UNISYS proposal with 3 98- 772 possible alternatives as a result of the KPMG report, with funds therefor hereby allocated from the Capital Improvement Program, Account Code No. 311603.469401.6.840. 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. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legisle ion by signing it in the designated place provided, said legislat &o „cm becomes eilfecWe with the elapse of ten (10) days from the date of Commissicn ATTEST: regarding swwr wWW the Mayor exercisi v, o. 10, Waker fty Clerk WALTER J. FOEMAN CITY CLERK APPROV A KOORM AND RRE 9NrCVVILARELLO ATTORNEY W2743: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. 4 98- 772 CITY OF MIAMI, FLORIDA is INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and Members DATE : June 30, 1998 FILE of the City Commission SUBJECT : Resolution on XGEN/CP and XGUI Software Relicensing and Maintenance FROM : t4onaH. 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 upgrade, relicensing, maintenance, training and product support from Openware Technologies, Inc., a non -local, sole source vendor. This upgrade, relicensing, maintenance, training and product support shall be provided at a cost not to exceed $200,000. The option to extend the product support for four (4) additional one (1) year periods with yearly maintenance increases limited to no more than 5% 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 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. Due to the upgrade of the A-17 mainframe to the ClearPath NX5802-32, it is necessary to relicense the XGEN software to XGEN/CP in order to be compatible with this new ClearPath NX5802-32 mainframe. Additionally, the purchase of the XGUI will allow Information Technology to develop applications for the client -server platform with a graphical user interface (GUI). This GUI format with XGEN code will enable applications to be coded quickly and efficiently for the new PC environment. It is necessary to receive software upgrade, relicensing, maintenance, training and product support from Openware Technologies, Inc. as the XGEN/CP and XGUI software products to be utilized by the City of Miami are solely owned by Openware Technologies, Inc. Openware Technologies, Inc. is the sole author and marketing agent for these products in North America and is responsible for all maintenance for the products. The Chief Procurement Officer has deemed that Openware Technologies, Inc. is the sole source provider of this software upgrade, relicensing, maintenance, training and product support. DHW:CMC:AGS:ds _ 7 7 �7 ,9 8 �Gr CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Donald H. Warshaw DATE June 30, 1998 FILE City Manager u , sue iECT : Resolution on XGEN/CP � Yr: and XGUI Software I; ;1 Relicensing and Maintenance FROM Aldo Stancato+�' REFERENCES: Sole Source I . Interim Director �V ENCLOSURES: Information Technology Department 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. Due to the upgrade of the A-17 mainframe to the C1earPath NX5802-32, it is necessary to relicense the XGEN software to XGEN/CP in order to be compatible with this new C1earPath NX5802-32 mainframe. Additionally, the purchase of the XGUI will allow Information Technology to develop applications for the client -server platform with a graphical user interface (GUI). This GUI format with XGEN code will enable applications to be coded quickly and efficiently for the new PC environment. It is necessary to receive software upgrade, relicensing, maintenance, training and product support from Openware Technologies, Inc. as the XGEN/CP and XGUI software products to be utilized by the City of Miami are solely owned by Openware Technologies, Inc. Openware Technologies, Inc. is the sole author and marketing agent for these 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 upgrade, relicensing, maintenance, training and product support from Openware Technologies, Inc., a non -local, sole source vendor. This upgrade, relicensing, maintenance, training and product support shall be provided at a cost not to exceed $200,000. The option to extend the product support for four (4) additional one (1) year periods with yearly maintenance increases limited to no more than 5% per year is also respectfully requested. Funds are hereby allocated from CIP account code no. 311603.469401.6. 840. AGS:ds APPROVED BY(__j DONALD H. WARSHAW, CITY MANAGER c: Judy Carter 98 '77Z CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Judy Carter DATE : June 29, 1998 FILE Director` Procurement De ar17'Tt SUa,ECT : Resolution on XGEN/CP p XGUI Software Relicensing and Maintenance FROM : Aldo Stancat0 I �c' , REFERENCES: Sole Source Director Information Technology Departrment ENCLOSURES: This Department has verified funding with the Department of Budget that funds are available to cover the cost of XGEN/CP and XGUI software upgrade, relicensing, maintenance, training and product support at a first year cost not to exceed $200,000 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: "4"Z Dipak M. Par , Director Department of Budget CIP FUNDS RE mar Saenz-Butler CIP Coordinator AND APPROVED BY: 98- 772 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Judy Carter DATE : June 29, 1998 FILE Directoi Purchasing Department, SUBJECT : XGEN/CP and XGUI Software Relicensing and Maintenance Sole Source FROM : Aldo Stancat0 �6 ? ;�✓~ REFERENCES: Director ENCLOSURES Information Technology Department 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/CP and XGUI software upgrade, relicensing, maintenance, training and product support to be 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. Due to the upgrade of the A-17 mainframe to the C1earPath NX5802-32, it is necessary to relicense the XGEN software to XGEN/CP in order to be compatible with this new C1earPath NX5802-32 mainframe. Additionally, the purchase of the XGUI will allow Information Technology to develop applications for the client -server platform with a graphical user interface (GUI). This GUI format with XGEN code will enable applications to be coded quickly and efficiently for the new PC environment. It is necessary to receive software upgrade, relicensing, maintenance, training and product support from Openware Technologies, Inc. as the XGEN/CP and XGUI software products to be utilized by the City of Miami are solely owned by Openware Technologies, Inc. Openware Technologies,`Inc. is the sole author and marketing agent for these 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 Openware Technolo Inc., for the XGEN/CP and XGUI software upgrade, relicensing, maintenance,, tr 'ninZand product support. Please indicate yoijLZpproval below. Approved: n. Date: 1 /' Judy S. Narter Chief Pro urement Officer AGS:ds 98- '7712 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ° Judy S. Carter, -Director DATE : July 1, 1998 FILE : Department of Purchasing SUBJECT. Sole Source Request for XGEN/CP and XGUI Software Re -Licensing and Maintenance F amela E. 4a_t_�Burns REFERENCES Sr. Procurement Contracts Officer ENCLOSURES: The Department of Information Technology is seeking the acquisition of the XGEN/CP and XGUI software upgrade; re -licensing, maintenance, training, and product support from Openware Technologies, Inc. be deemed a sole source. An investigation was conducted to determine whether Openware Technologies, Inc., located at 1 Independent Drive, Jacksonville, Fla. 32202, is the sole source provider of XGEN/CRand XGUI as detailed above. On June'23, 1998, pursuant to Resolution 98-628, the City Commission approved the award to Openware Technologies, Inc. for the procurement of XGEN Software maintenance service for the Department of Information Technology as a sole source. 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. 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. pursuant to Resolutions 93-487, 89-157, and 88-241. Due to the upgrade of the A-17 mainframe computer, the Department has found it necessary to re -license theXGEN software to XGEN/CP in order to be compatible with this new C1earPath NX5802-32 mainframe. The acquisition of the XGUI will allow the Department to develop applications with a graphical user interface (GUI). It is necessary to receive this software upgrade, re -licensing, maintenance, training, and product support from Openware Technologies, Inc. as the XGEN/CP and XGUI software to be used by the City are solely owned by Openware Technologies, Inc. Contact was made with Mr. Tom Causseaux, Regional Manager for Openware Technologies. He advised that the upgrade of the mainframe to the ClearPath system required a re -license of the XGEN software to XGEN/CP in order to be compatible. The XGUI provides graphical user interfaces on XGEN programs. Mr. Causseaux further advised that only Openware Technologies, Inc. can provide the XGEN product as they are the owners, and no other software is compatible with the existing software previously provided by Openware as sole sources to the City. The upgrade, re -licensing, maintenance, training, and product support shall be provided at a cost not to exceed $200,000.00 in 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 5% 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: Openware Technologies, Inc., a non-minority/non-local vendor, is the sole source provider of the XGEN/ P an GUI s ftw grade, re -licensing, maintenance, traini g, and roduct support. APPROV DATE: u S. Carter irector ief ernen fficer cc: Aldo Stancato, Information Technology r- 7712 06/30/98 12:18 FAX 9048773948 OPEMYARE/TLH IM002 Openware A modis Solutions Company June-30, 1998 VIA FACSD LE Dawn Shelton Miami, City of Information Technology Division Miami Riverside Center 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 RE: "Sole Source" for XGEN/CP, XGEN/32, XGUI and their annual maintenance Dear Ms. Shelton: This letter is to confirm that the XGEN/CP, XGEN/32 and XGUI software products currently being considered for purchase 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. Kindly direct all email responses to tomc a@jaxopenvmc.com. Regards Tom Causseaux Regional Manager 1 independent Drive a 10th Floor • Jacksonville, FL 32202 a 904/360-2100 a 9041360.2199 fax a www opanware com 98- 772 ITEM: DEPARTMENT: AWARD SOLE SOURCE 97-98-157 XGEN/CP and XGUI Software Re -Licensing and Maintenance Information Technology TYPE OF PURCHASE: Contract for one (I ) year with the option to extend the product support for four (4) additional one (1) year periods. , REASON: The acquisition of the XGEN/CP and XGUI software upgrade, re -licensing, maintenance, training, and product 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 XGEN products supplied by Openware Technologies, Inc. RECOMMENDATION: It is recommended that award be made to Openware Technologies, Inc., (non-local/non- minority) for the acquisition of XGEN/CP and XGUI software, re -licensing, and maintenance, at a first year cost not to exceed $200,000, 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 5% per year. Judy e i ctor of rihasing- Datee z/procurement/bids/word/AwardSoleSource � 8 - 7fi2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Walter J. Foeman DATE : June 29, 1998 FILE City Clerk Su9JECT : Public Hearing Notice Competitive Bid Waiver C XGEN/CP and XGUI FROM : Aldo Stancato dJ �' REFERENCES: Software Maintenance Director Relicensing Sole Source Information Technology Department ENCLOSURES: Attached please find the public hearing notice for a waiver of the 'requirement for competitive bids for XGEN/CP and XGUI software upgrade, relicensing, maintenance, training 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. Approved: --�`� - �4onld �IHTWarshaw City Manager AGS:ds 98- 7712 CITY OF MIANII 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 XGEN/CP and XGUI software upgrade, relicensing, maintenance, training and product support for the City of Miami offered by Openware Technologies, Inc., at a proposed first year cost not to exceed $200,000. 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 98772