HomeMy WebLinkAboutR-16-0535City of Miami
Resolution R-16-0535
Legislation
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
City of Miami Page 1 of 2 File ID: 1165 (Revision:) Printed On: 3/18/2025
File ID: 1165 Enactment Number: R-16-0535
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:
ndez, City Attor 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.
City of Miami Page 2 of 2 File ID: 1165 (Revision:) Printed on: 3/18/2025