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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5876 Date: 05/03/2019 Commission Meeting Date: 07/11 /2019 Requesting Department: Department of Police Sponsored By: Manolo Reyes, Joe Carollo District Impacted: All Type: Resolution Subject: Sole Source - Cellebrite Universal Forensic Purpose of Item: A Resolution of the Miami City Commission, 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 procurement of one (1) Cellebrite Universal Forensic Extraction Device ("UFED") Analytics System ("System") from Cellebrite, Inc. ("Cellebrite"), for the Department of Police ("Police"), for an amount not to exceed two hundred seventeen thousand dollars ("$217,000.00"); allocating funds from Capital Improvement Project No. 40-B193201, subject to budgetary approval at time of need; authorizing the City Manager to execute the addendum in substantially the attached form; Further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of Item: Police needs to increase the efficiency and accuracy of its efforts at analyzing digital forensic evidence. The purchase of the System will allow Police to compare and analyze data extracted from multiple sources, related to various cases, in a manner that is fast and accurate. This System is the only one on the market that can natively ingest data collected on the UFED's used by Police, which are also manufactured by Cellebrite. Cellebrite is the developer and sole provider of this System. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $217,000.00 OCI Project No.: 40-B193201 Department of Police Department of Police Department of Police Office of Management and Budget Office of Management and Budget Department of Risk Management Department of Procurement City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Jorge Blanco Ronald Papier Ronald Papier Luis Hernandez -Torres Christopher M Rose Ann -Marie Sharpe Annie Perez Nikolas Pascual Valentin J Alvarez Valentin J Alvarez Victoria Mendez Maricarmen Lopez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Initial Police Review Completed 05/03/2019 1:18 PM Police Chief Review Completed 05/06/2019 1:14 PM Department Head Review Completed 05/06/2019 1:14 PM Budget Analyst Review Completed 05/16/2019 2:55 PM Budget Review Completed 05/18/2019 8:52 PM Risk Review Completed 05/20/2019 12:50 PM Procurement Review Completed 05/20/2019 3:25 PM City Manager Review Completed 05/23/2019 10:38 AM Legislative Division Review Completed 05/23/2019 11:31 AM Deputy City Attorney Review Skipped 05/21/2019 9:26 AM Approved Form and Correctness Completed 05/28/2019 9:47 AM Meeting Completed 06/13/2019 9:00 AM Meeting Completed 07/11/2019 9:00 AM Signed by the Mayor Completed 07/19/2019 1:39 PM Signed and Attested by the City Clerk Completed 07/19/2019 1:57 PM Rendered Completed 07/19/2019 1:57 PM City of Miami Legislation Resolution Enactment Number: R-19-0261 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5876 Final Action Date:7/11/2019 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 PROCUREMENT OF ONE (1) CELLEBRITE UNIVERSAL FORENSIC EXTRACTION DEVICE ANALYTICS SYSTEM, FROM CELLEBRITE, INC., FOR THE DEPARTMENT OF POLICE, FOR AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTEEN THOUSAND DOLLARS ($217,000.00); ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 40-B193201; SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT AND ADDENDUM IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the Chief Procurement Officer has made a finding that Cellebrite, Inc. ("Cellebrite") is the sole source developer and distributor of the Cellebrite Universal Forensic Extraction Device Analytics System ("System"); and WHEREAS, the Miami Police Department ("MPD") desires to increase the efficiency and accuracy of its analyses of digital forensic evidence; and WHEREAS, the acquisition of the System will allow the MPD to compare and analyze data extracted from multiple sources, related to various cases in a manner that is fast and accurate; and WHEREAS, the MPD uses Universal Forensic Extraction Devices manufactured by Cellebrite, which save the data extracted in a proprietary software format known as UFDR; and WHEREAS, this System is the only one on the market that natively ingests files saved in the UFDR format and can guarantee the accuracy of the data found within them; and WHEREAS, this System uses cross -case and multiple phone extraction analysis to discover relationships across multiple cases within its database; and WHEREAS, the findings of the Chief Procurement Officer have been approved and adopted as the finding of the City Manager, attached and incorporated as Exhibit "A"; and WHEREAS, Cellebrite is the developer and sole distributor of the System; and WHEREAS, the City Manager and the Chief Procurement Officer recommend that the requirements for competitive sealed bidding procedures be waived and that the procurement of the above System, as specified, 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 if 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, attached and incorporated as Exhibit "A," is ratified, approved and confirmed, the requirements for competitive sealed bidding procedures are waived, and the request to procure one (1) System for the MPD, from Cellebrite, is approved, for an amount not to exceed two hundred seventeen thousand dollars ($217,000.00), to be allocated from Capital Improvement Project No. 40- B193201. Section 3. The City Manager is authorized' to execute the License Agreement and Addendum in substantially the attached form. Section 4. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations, and budgetary approval having been previously made, and in compliance with applicable provisions of the City Code, including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. APPROVED AS TO FORM AND CORRECTNESS: