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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1165 Date: 10/17/2016 Commission Meeting Date: 11/17/2016 Requesting Department: Department of Police Sponsored By: District Impacted: All Type: Resolution Subject: Amend Contract - Digital Photo Lab Purpose of Item: To authorize the City Commission to execute Amendment No. 1 to RFP Contract No. 127103 with Foray, LLC, dba Foray Technologies, LLC (Foray), for the addition of hardware and software upgrade allowances, as well as all maintenance, repair, and support for said upgrades to the law enforcement digital photo lab system, and to correct the name on the Professional Services Agreement (PSA) to reflect the legal name of the supplier, Foray, LLC, dba Foray Technologies, LLC, and to clarify the term of the existing PSA with those authorized under Resolution 09-0520, and further authorizing the City Manager to execute other documents, including any amendments, renewals, extensions and modifications to the contract in a form acceptable to the City Attorney, after consultation with the City Attorney, as may be necessary for said purpose. Background of Item: On December 10, 2009, pursuant to Resolution No. 09-0520, the City Commission authorized the execution of RFP Contract No. 127103 with Foray Technologies, LLC for the provision of a Law Enforcement Digital Photo Lab System, with an initial cost of $317,477.90. The original contract did not allow for software upgrades and on -site services, which are necessary to maintain the continued functionality of the system over the contract term. A Sole Source contract for an initial one (1) year period, with an option to renew for two (2) additional one (1) year periods was authorized under Resolution No. 12-0267 on July 26, 2012 to add software licenses, on -site services, and software support. The Sole Source contract expired on August 5, 2015. The original Professional Services Agreement (PSA) reflected the name of the provider as Foray Technologies, LLC, and incorrectly stipulated the term of the agreement, as identified in Article 2, Term; Renewal as "The initial term of this Agreement shall commence on the Effective Date and shall continue in effect for an initial term of one (1) year"...The City may extend the term of this Agreement as deemed necessary at its sole discretion until it is determined by the City that the System has been successfully implemented by the Provider. The legal name of the firm, as reflected in the Department of State: Division of Corporations, in the State of Delaware, is Foray, LLC. Foray, LLC is currently doing business as Foray Technologies, LLC. The term as authorized by Resolution 09-0520 was for an initial six (6) year term with an option to renew for two (2), additional five (5) year terms. The original contract did not allow for system hardware and software upgrades, which are necessary to maintain the continued functionality of the system over the contract term. The Police Department is currently in need of server and software upgrades to the digital photo lab system. Procurement is recommending an amendment to the contract to include hardware and software upgrades for the remainder of the contract period. Total cost of current upgrade needs is $73,700.00. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $73,700 (additional upgrade needs only) General Account No: 00001.191501.554000.0000.00000 Department of Police Department of Police Department of Police Office of Management and Budget Office of Management and Budget Department of Procurement Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Xiao-Wen Michelle Choi Ronald Papier Rodolfo Llanes Adine Cordero Christopher M Rose Annie Perez Valentin J Alvarez Daniel J. Alfonso Valentin J Alvarez Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Police Chief Review Police Chief Review Department Head Review Budget Analyst Review Budget Review Procurement Review Legislative Division Review City Manager Review Completed Completed Completed Completed Completed Completed Completed Completed Deputy City Attorney Review Skipped Approved as to Form and Correctness Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed 10/18/2016 8:22 AM 10/27/2016 2:47 PM 10/27/2016 4:11 PM 10/28/2016 5:28 PM 1/03/2016 11:22 AM 1/03/2016 12:35 PM 11/03/2016 1:02 PM 11/04/2016 7:58 AM 1/07/2016 10:04 AM Completed 11/17/2016 9:00 AM 11/23/2016 5:50 PM 11/23/2016 6:13 PM City of Miami Legislation Resolution Enactment Number: R-16-0535 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1165 Final Action Date:11/17/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR REQUEST FOR PROPOSAL ("RFP") CONTRACT NO. 127103, WITH FORAY, LLC D/B/A FORAY TECHNOLOGIES, LLC, TO UPDATE THE AGREEMENT TO REFLECT FORAY, LLC, A FLORIDA FOREIGN LIMITED LIABILITY COMPANY AND TO CLARIFY THE TERM OF THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FORAY, LLC D/B/A FORAY TECHNOLOGIES, LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, on December 10, 2009, the City Commission adopted Resolution No. 09- 0520 approving the City of Miami's ("City") award of Request for Proposal ("RFP") Contract No. 127103 to Foray Technologies, LLC for a Law Enforcement Digital Photo Lab System, for the Miami Police Department ("Police") for an initial period of six (6) years, with the option to renew for two (2) additional five (5) year periods; and WHEREAS, the executed Professional Services Agreement ("PSA") incorrectly stated the term of the PSA, as identified in Article 2(A), entitled "Term; Renewal" as "the initial term of this PSA shall commence on the Effective Date and shall continue in effect for an initial term of one (1) year as outlined in the Scope of Work. The City may extend the term of this PSA as deemed necessary at its sole discretion until it is determined by the City that the System has been successfully implemented by the Provider"; and WHEREAS, the PSA was signed by the supplier under the name Foray Technologies, LLC as the company was not registered in the State of Florida and, therefore, used its fictitious name; and WHEREAS, the company subsequently registered in the State of Florida as Foray, LLC, its legal name as reflected in the State of Delaware, Department of State, Division of Corporations; and WHEREAS, Amendment No. 1 provides for the change of name of the supplier to Foray, LLC, a Florida Foreign Limited Liability Company, and amends Article 2(A) of the PSA to clarify the Term of the Contract; and WHEREAS, the maintenance, repair and support of software upgrades ("Upgrades") for the Law Enforcement Digital Photo Lab are exempted from the competitive procurement requirements of the Procurement Ordinance pursuant to Section 18-72(b) (15) of the Code of the City of Miami, Florida, as amended ("City Code"), since the Upgrades were originally purchased in accordance with the competitive procurement requirements set forth in the Procurement Ordinance pursuant to Resolution No 12-0267, adopted on July 26, 2016; 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 Commission hereby approves Amendment No. 1, replacing the name Foray Technologies, LLC, with Foray, LLC, a Florida Foreign Limited Liability Company, and correcting Article 2(A) of the PSA, clarifying the Term of the Contract. Section 3. The City Manager is authorized to execute Amendment No. 1 to the PSA, in substantially the attached form, with Foray, LLC, a Florida Foreign Limited Liability Company. Section 4. The City Manager' is further authorized to execute any amendments, renewals, extensions and modifications to the PSA, in a form acceptable to the City Attorney, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: endt ez, City Httor ey 11/7/2016 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 City Code provisions. 2 This Resolution shall become effective as specified herein unless vetoed by the Mayor does within (10) 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 or upon the effective date stated herein, whichever is later.