HomeMy WebLinkAboutR-13-0029City of Miami
Legislation
Resolution: R-13-0029
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01208 Final Action Date: 1/24/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVING THE PURCHASE OF PROPRIETARY SOFTWARE LICENSES,
MAINTENANCE, AND TECHNICAL SUPPORT AS WELL AS A MANAGED
SERVICES GATEWAY FOR CREDIT CARD PROCESSING, FROM
WONDERWARE, INC., D/B/A CORE BUSINESS TECHNOLOGIES ("PROVIDER"),
FOR THE CITY OF MIAMI'S POINT OF SALE CASHIERING SYSTEM; ALLOCATING
FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY ACCOUNT
NO. 00001.251000.546000.0.0 AND THE DEPARTMENT OF FINANCE ACCOUNT
NO. 00001.162000.534000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT EFFECTIVE DECEMBER 1,
2012, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL
SERVICES AGREEMENT WITH THE PROVIDER.
WHEREAS, Resolution No. 05-0457, adopted July 28, 2005, authorized the acquisition of a Point
of Sales Cashiering System ("System"), which included hardware, software, integration services,
limited expansion, and maintenance services, from Wonderware, Inc., d/b/a CORE Business
Technologies ("Provider"), utilizing the then existing Clark County, Washington Request for Proposals
No. 365, in an amount not to exceed $150,000; and
WHEREAS, said resolution authorized the City Manager to execute a Professional Services
Agreement ("PSA") with the Provider for a term of five (5) years; and
WHEREAS, the term of five (5) years was set to expire on November 30, 2012; and
WHEREAS, the City of Miami ("City") is still utilizing the System purchased from the Provider and
needs to continue paying annually for proprietary software licenses, maintenance and technical
support as well as a managed services gateway for credit card processing; and
WHEREAS, the System is proprietary to the Provider and the Provider is the sole provider of the
software licenses, maintenance, technical support, and managed services gateway for credit card
processing; and
WHEREAS, issuing a competitive solicitation (Invitation for Bid or Request for Proposals) for this
procurement wouldn't be practical for the City; and
City of Miami
Page 1 of 2 File Id: 12-01208 (Version: 1) Printed On: 8/21/2017
File Number: 12-01208 Enactment Number: R-13-0029
WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended
("City Code"), the Chief Procurement Officer has adopted a finding that the Provider is the sole
source provider of software licenses, maintenance, technical support, and a managed services
gateway for credit card processing; and
WHEREAS, the findings of the Chief Procurement Officer have been approved and adopted as
the finding of the City Manager;
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 fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-92 of the City Code,
after an advertised public hearing, the City Manager's finding of a sole source, is ratified, approved
and confirmed, the requirements for competitive sealed bidding procedures are waived, and the
purchase of proprietary software licenses, maintenance, and technical support as well as a managed
services gateway for credit card processing, from the Provider, is approved, with funds allocated from
the Department of Information Technology Account No. 00001.251000.546000.0.0 and the
Department of Finance Account No. 00001.162000.534000.0.0, subject to the availability of funds
and budgetary approval at the time of need.
Section 3. The City Manager is authorized {1} to execute an amendment effective December 1,
2012, in substantially the attached form, to the PSA with the Provider.
Section 4. This Resolution shall become effective immediately upon its adoption and the
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: 12-01208 (Version: 1) Printed On: 8/21/2017