HomeMy WebLinkAboutR-07-0036City of Miami
Legislation
Resolution: R-07-0036
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02275 Final Action Date: 1/11/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 14, IN
SUBSTANTIALLY THE ATTACHED FORM, TO MODIFY THE COMPUTER AIDED
DISPATCH SYSTEM AGREEMENT EXECUTED BETWEEN THE CITY OF MIAMI
("CITY") AND PRINTRAK INTERNATIONAL, INC. ("PRINTRAK"), A WHOLLY
OWNED SUBSIDIARY OF MOTOROLA INC. ("MOTOROLA"), PURSUANT TO
RESOLUTION NO. 04-0491, ADOPTED JULY 22, 2004, BY, INTERALIA,
CANCELLING THE IMPLEMENTATION OF THE FIRE -RESCUE DEPARTMENT'S
COMPUTER AIDED DISPATCH SYSTEM, ACCEPTING COMPENSATION FROM
PRINTRAK AND MOTOROLA IN THE AMOUNT OF $1,812,000, IN THE FORM OF
IN -KIND EQUIPMENT AND SERVICES, AND BY THE CITY, PRINTRAK, AND
MOTOROLA VOLUNTARILY AND FREELY (A)COVENANTING NOT TO SUE, AND
(B) RELEASING, DISCHARGING, RESOLVING, SETTLING, AND (C)AMICABLY
RESOLVING ALL CLAIMS, ACTIONS, LIABILITIES, COST OR FEES, AGAINST
ONE ANOTHER, THEIR SUCCESSORS OR ASSIGNS, ARISING OR OCCURRING
FROM THE FIRE -RESCUE DEPARTMENT PORTION OF THE AGREEMENT, ANY
PRIOR CHANGE ORDER, AND/OR CHANGE ORDER NO. 14.
WHEREAS, pursuant to Resolution No. 04-0491, adopted July 22, 2004, a Computer Aided
Dispatch System Agreement ("Agreement") was executed between the City of Miami ("City") and
Printrak International Inc. ("Printrak"), a wholly owned subsidiary of Motorola, Inc. ("Motorola"), to
procure a Public Safety Technology Enhancement Program, consisting of a Computer Aided Dispatch
System ("CAD"), Law Records Management System ("RMS" or "LRMS"), and a Premier Mobile Data
Communications System ("PMDC"), for the Departments of Police and Fire -Rescue; and
WHEREAS, the City, Printrak and Motorola believe it is in the best interests of both parties to
cancel the Fire -Rescue Department's CAD implementation; and
WHEREAS, accordingly, the parties agree to delete the Fire -Rescue CAD implementation under
the Agreement and Printrak and Motorola agree to additionally compensate the City for time and
expense incurred in accordance with the terms of Change Order No. 14, in substantially the attached
form; and
WHEREAS, the parties further confirm that the Police CAD implementation along with the LRMS
and PMDC subsystems occurred on September 2, 2005, and that the Field -based Reporting is not yet
complete; and
WHEREAS, upon execution of Change Order No. 14 the City shall receive an in -kind equipment
and services credit from Printrak and Motorola in the amount of $1,812,000 to compensate the City
for the time and expense incurred for actions taken by the City as a result of entering into and later
cancelling the Fire -Rescue Department portion of the Agreement; and
City of Miami
Page 1 of 3 File Id: 06-02275 (Version: 1) Printed On: 3/13/2017
File Number: 06-02275 Enactment Number: R-07-0036
WHEREAS, the credit may be used for the purchase of Printrak/Motorola equipment and services
at prices negotiated between the parties and the credit must be used within two years from the
effective date of Change Order No. 14; and
WHEREAS, if the credit is not fully used within the two-year period an additional two-year period
shall commence automatically; and
WHEREAS, additionally, each year for the five (5) year term of the Maintenance and Support
Agreement, attached hereto as Exhibit "D" to Change Order No. 14, commencing September 3, 2006,
Motorola agrees to provide a fifteen (15%) discount from the City's annual maintenance fees,
including the four (4%) annual escalation amount, as provided on Exhibit "B" attached hereto as
Revised Schedule of Covered Products and Maintenance Pricing, to Change Order No. 14; and
WHEREAS, Change Order No. 14 also addresses certain options for the Fire -Rescue Department
in relation to Deccan International software; and
WHEREAS, pursuant to Change Order No. 14, the parties voluntarily and freely (a) covenant not
to sue, and (b) releasing, discharging, resolving, settling, and (c) amicably resolve all claims, actions,
liabilities, costs or fees, against one another, their successors or assigns, arising or occurring from the
Fire -Rescue Department portion of the Agreement, any prior Change Order, and/or Change Order
No. 14;
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 Change Order No. 14, in substantially
the attached form, to modify the Agreement, executed between the City, Printrak, and Motorola
pursuant to Resolution No. 04-0491, adopted July 22, 2004, by, inter alia, cancelling the
implementation of the Department of Fire -Rescue's CAD System, accepting compensation from
Printrak and Motorola in the amount of $1,812,000, consisting of in -kind equipment and services, and
by the City, Printrak, and Motorola voluntarily and freely (a) covenanting not to sue, and (b) releasing,
discharging, resolving, settling, and (c)amicably resolving all claims, actions, liabilities, costs or fees,
against one another, their successors or assigns, arising or occurring, from the Fire -Rescue
Department portion of the Agreement, any prior Change Order, and/or Change Order No. 14.
Section 3. This Resolution shall become effective immediately upon adoption and signature of
the Mayor.{2}
Footnotes:
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File Number: 06-02275 Enactment Number: R-07-0036
{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.
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