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.