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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigay.com
File Number: 06-01225
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A PRODUCT MAINTENANCE
SCHEDULE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
MODS SOLUTIONS, FOR THE ACQUISITION OF MAINTENANCE OF
PROPRIETARY SOFTWARE AND SUPPORT SERVICES, OF THE XGEN/CP
DEVELOPMENT/PRODUCTION LICENSE FOR NX4822-32, INCLUDING TWELVE
(12) USER XGEN/32 LICENSES, IN ACCORDANCE WITH CHAPTER 18,
SECTION 18-86(3)(D), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR A ONE-YEAR PERIOD, WITH AN OPTION TO RENEW FOR
TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A PROPOSED ANNUAL
AMOUNT NOT TO EXCEED $42,185, FOR FISCAL YEAR 2007-2008, $44,290,
FOR FISCAL YEAR 2008-2009, AND $46,504, FOR FISCAL YEAR 2009-2010;
ALLOCATING FUNDS, IN THE AMOUNT OF $42,185, FOR FISCAL YEAR
2007-2008, FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT
OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 001000.460101.6.670,
WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY
APPROVAL.
WHEREAS, the Department of Information Technology ("Information Technology") is seeking to
execute a Product Maintenance Schedule Agreement ("Agreement") for the continued maintenance of
XGENICP software from Modis Solutions ("Modis"); and
WHEREAS, Information Technology has used XGEN Software for program development and
maintenance since 1988 as the software is used on all legacy application systems to effectively and
efficiently create a program code; and
WHEREAS, the City Manager and the Chief Information Officer of Information Technology
recommend that the requirements for competitive formal sealed bidding procedures be waived for the
procurement of proprietary software maintenance and support services, pursuant to Chapter 18,
Section 18-86(3)(d) of the Code of the City of Miami, Florida, as amended ("City Code"), of the
XGEN/CP Development/Production License for NX4822-32, including twelve (12) user XGEN/32
Licenses, from Modis;
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.
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with Modis, for the acquisition of maintenance of proprietary software and support
services, of the XGEN/CP Development/Production License for NX4822-32, including twelve (12) user
City of Miami Page I of 2 Printed On: 7/12/2006
File Number: 06-01225
XGEN132 Licenses, in accordance with Chapter 18, Section 18-86(3)(d) of the City Code, for a
one-year period, with an option to renew for two (2) additional one-year periods, at a proposed annual
amount not to exceed $42,185, for Fiscal Year 2007-2008, $44,290, for Fiscal Year 2008-2009, and
$46,504, for Fiscal Year 2009-2010, with funds allocated in the amount of $42,185, for Fiscal Year
2007-2008, from the Department of Information Technology General Fund Account Code No.
001000.460101.6.670, with future Fiscal Year funding subject only to budgetary approval.
Section 3. This Resolution shall become effective immediately upon adoption and signature of the
Mayor.{2}
APPRO ` O FORM AND C ECTNESS:/
JORGE L. EANDEZ
CITY ATTORN Y
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those previously prescribed by applicable City Charter
and Code provisions.
{2} 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.
City of Miami Page 2 of 2 Printed On: 7/12/2006