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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00504 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LICENSE, MAINTENANCE AND PRODUCT SUPPORT AGREEMENT, WITH B & L ASSOCIATES, INC., AWARDED PURSUANT TO RESOLUTION NO. 03-422, ADOPTED MAY 8, 2003, AS AMENDED BY RESOLUTION NO. 04-0292, ADOPTED MAY 6, 2004 FOR THE LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, FOR THE CONTINUED RE -LICENSING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE (1)ADDITIONAL ONE-YEAR PERIOD, WITH LICENSE FEES NOT TO EXCEED THE AMOUNT OF $88,739, FOR THE FIRST TWO -YEARS, WITH THE THIRD YEAR COST IN THE AMOUNT NOT TO EXCEED $46,145, AND MAINTENANCE AND PRODUCT SUPPORT, IN THE AMOUNT NOT TO EXCEED $62,476 ANNUALLY, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.251000.546000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. WHEREAS, on May 8, 2003, the Miami City Commission adopted Resolution No. 03-422, authorizing the City Manager to execute a License Agreement for Proprietary Software Products, #037428R1 (the "Original License Agreement") with B & L Associates, Inc., for the continued re -licensing, training, maintenance and product support of its proprietary software for the Department of Information Technology, on a contract basis for one-year period, with the option to renew for two additional one-year periods, in an annual amount not to exceed $55,000, with annual maintenance increases not to exceed four percent (4%) per year, with funding allocated from Account Code No. 001000.460101.6.670, subject to budgetary approval; and WHEREAS, on May 6, 2004, the City Commission adopted Resolution No. 04-0292 to amend the Original License Agreement with a replacement License Agreement for Proprietary Software Products, #038823 (the "Replacement Agreement") for a three-year period, in an amount not to exceed $163,360, with an annual maintenance and product support amount not to exceed $57,855, for a one-year period, with the option to extend the product support for two (2) additional one-year periods with annual maintenance increases limited to no more than four percent (4%) per year, for the Department of Information Technology; and WHEREAS, the City of Miami's ("City") Director of Procurement and the City Manager have indicated that B & L Associates, Inc., remains the provider for the its proprietary software products, and the Department of Information Technology has indicated the need to execute Amendment No. 1, in substantially the attached form, to the Replacement Agreement for the continued re -licensing, maintenance and product support, subject to the availability of funds and budgetary approval at the time of need; City of Miami Page 1 of 2 Printed On: 4/17/2007 File Number: 07-00504 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 Amendment No. 1, in substantially the attached from, to the License, Maintenance and Product Support Agreement, between the City and B & L Associates, Inc., pursuant to Resolution No. 03-422, adopted May 8, 2003, as amended by Resolution No. 04-0292, adopted May 6, 2004, for the License Agreement for Proprietary Software Products, for the continued re -licensing, maintenance and product support of its proprietary software, for an initial two (2) year period, with the option to renew for one (1) additional one-year period, with license fees not to exceed the amount of $88,739, for the first two -years, with the third year cost in the amount not to exceed $46,145, and maintenance and product support, in the amount not to exceed $62,476 annually, for one-year period, with the option to renew for two (2) additional one-year periods, with funds allocated from Account No. 00001.251000.546000.0.0, subject to the availability of funds and budgetary approval at the time of need. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {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: 4/17/2007