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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01236 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) 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 THE VIDEOVERSIGHT INTERVIEW ROOM RECORDING AND CASE MANAGEMENT SYSTEM FROM ITS SOLE DEVELOPER, OWNER, DISTRIBUTER, AND PROVIDER, MICROCEPTION, INC., FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS IN THE AMOUNT OF $86,650.00 FROM THE JUSTICE ASSISTANCE GRANT PROGRAM YEAR 2011, PROJECT NO. 19-190005, AWARD 1813, ACCOUNT CODE NO. 12000.191602.664000 AND FUNDS IN THE AMOUNT OF $3,188.00 FROM THE DEPARTMENT OF POLICE GENERAL FUND, ACCOUNT CODE NO. 00001.191501.664000, FOR A TOTAL AMOUNT NOT TO EXCEED $89,838.00, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, MODIFICATIONS, AND AGREEMENTS FOR MAINTENANCE AND SOFTWARE UPGRADES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the video recording of interviews and confessions of suspects during investigations is vital to the provision -of viable and compelling evidence necessary for the successful prosecution of criminal cases; and WHEREAS, the video recording of interviews and confessions reaffirms the credibility of the investigators assigned to these cases and serves to negate the potential allegations of false or coerced confessions proffered by suspects; and WHEREAS, the current interview video recording system for the City of Miami Police Department ("Department") is an obsolete system consisting of individual DVD recorders which provide no storage for the Department's interviews via a secure network storage device supported by a central server which may result in loss of evidence; and WHEREAS, the VideOversight Interview Room Recording and Case Management System ("VideOversight System") is an interview room recording and case management system which combines both advanced digital video technology with comprehensive web -based case management software that provides video monitoring, recording, retrieval, and archiving while providing secure user authentication and access control for the Department, specifically, the Criminal Investigations Division, the Homicide Unit, and the Internal Affairs Division; and WHEREAS, the VideOversight System also records all important user actions in an audit trail City of Miami Page 1 of 3 File Id: 13-01236 (Version: 1) Printed On: 12/18/2013 File Number: 13-01236 conducive to the system's transparency and accountability, provides necessary data to establish that videos have not been tampered with since being recorded, and ultimately enables the authentication of information and the preservation of its chain -of -custody, which are factors for properly laying a foundation to admit recordings into evidence; and WHEREAS, Microception, Inc. ("Microception") is the owner of the copyright to the VideOversight System; has no reseller program in the United States in order to ensure a consistent standard of support; only sells the system directly to the end user; and is the sole developer, owner, distributer, and provider of the VideOversight System; and WHEREAS, Microception is also a national Certified Solutions Provider for the March Networks line of video recording appliances, the only line of video recording appliances with which the VideOversight System is operational and is the sole provider of the VideOversight software in the United States, therefore no other vendor in the Miami -Dade area is authorized to implement a fully integrated VideOversight solution inclusive of the aforementioned required March Networks video recording appliances; and 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 Microception is the sole -source provider of the VideOversight System; and WHEREAS, the findings of the Chief Procurement Officer have been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager and the Chief Procurement Officer recommend that the requirements for competitive sealed bidding procedures be waived and that an agreement for the procurement of the VideOversight System from Microception, as a sole source, be approved; 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, as amended, 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 procurement of the VideOversight System from its sole developer, owner, distributor and provider, Microception, for the Department, is approved, with funds in the amount of $86,650.00, from the Justice Assistance Grant Program Year 2011, Project No. 19-190005, Award 1813, Account Code No. 12000.191602.664000, and funds in the amount of $3,188.00, from the Department of Police General Fund, Account Code No. 00001.191501.664000, for a total amount not to exceed $89,838.00, 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 Agreement, in substantially the attached form, and to negotiate and execute any other necessary amendments, extensions, modifications, and agreements for maintenance and software upgrades, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption and signature of City of Miami Page 2 of 3 File Id: 13-01236 (Version: I) Printed On: 12/18/2013 File Number: 13-01236 the Mayor.{2} APPRtVED,AS TO FORM A : D CORRECTNESS: 1 VICTORIA MENDE CITY ATTORNEY 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 3 of 3 File Id: 13-01236 (Version: 1) Printed On: 12/18/2013