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HomeMy WebLinkAboutR-11-0533City of Miami Legislation Resolution: R-11-0533 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-01151 Final Action Date: 12/15/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH B & L ASSOCIATES, INC., PURSUANT TO SECTION 18-86(a)(3)(d) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE CONTINUED RE -LICENSING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR, WITH LICENSE FEES IN THE AMOUNT NOT TO EXCEED $27,846 ANNUALLY, AND MAINTENANCE AND PRODUCT SUPPORT, IN THE AMOUNT NOT TO EXCEED $26,676 ANNUALLY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.251000.546000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. WHEREAS, the Department of Information Technology has been using the software provided by B & L Associates, Inc. since 1984, this software provides for the ability to operate the City of Miami's Unisys mainframe efficiently by providing the ability to log and keep track of tapes, archive and recover files, automatically schedule jobs in a flexible, efficient and effective manner and create mainframe user reports for reviewing and distribution with the use of a personal computer; and WHEREAS, B & L Associates, Inc., is the sole author and marketing agent for these products and is responsible for all maintenance; and WHEREAS, pursuant to Section 18-86(a)(3)(d) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiations/competitive sealed proposals in the procurement of personal and professional services is waived for maintenance agreements to support proprietary software applications; and WHEREAS, on March 11, 2010, the City Commission adopted Resolution No. 10-0101, authorizing the City Manager to execute a new License Agreement (#2010-48264) for Proprietary Software Products with B&LAssociates, Inc., pursuant to Section 18-86(a)(3)(d) of the City Code, for the continued re -licensing, maintenance and product support of its proprietary software, for an initial period of one (1) year, with the option to extend for one (1) additional year, with license fees in the amount not to exceed $40,968 annually, and maintenance and product support, in the amount not to exceed $47,768 annually, with funding allocated from Account Code No. 00001.251000.546000.0.0, subject to the availability of funds and budgetary approval at the time of need; and WHEREAS, the License Agreement approved pursuant to Resolution No. 10-0101 expired on September 30, 2011; and WHEREAS, the City Chief Procurement Officer and the City Manager have indicated that B & L City of Miami Page 1 of 2 File Id: 11-01151 (Version: 1) Printed On: 10/26/2017 File Number: 11-01151 Enactment Number: R-11-0533 Associates, Inc., remains the provider for its proprietary software products, and the Department of Information Technology has indicated the need to execute a new License Agreement (#201107- 48264) for Proprietary Software Products, for the continued re -licensing, maintenance and product support, subject to the availability of funds and budgetary approval at the time of need; 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 a License Agreement for Proprietary Software Products, in substantially the attached form, between the City and B & LAssociates, Inc., pursuant to Section 18-86 (a)(3)(d) of the City Code, for the continued re -licensing, maintenance and product support of its proprietary software, for an initial period of one (1) year, with the option to renew for one (1) additional year, with license fees in the amount not to exceed $27,846 annually, and maintenance and product support, in the amount not to exceed $26,676, annually, with funds allocated from Account No. 00001.251000.546000.0000.00000, 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} 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 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 File Id: 11-01151 (Version: 1) Printed On: 10/26/2017