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HomeMy WebLinkAboutR-19-0384City of Miami Resolution R-19-0384 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6450 Final Action Date: 10/10/2019 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 ("CITY CODE"),AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF SOFTWARE, HARDWARE AND MAINTENANCE FROM PEN -LINK, LTD. CORP. ("PEN - LINK"); ALLOCATING FUNDS FROM CITY OF MIAMI POLICE ("MPD") GENERAL FUND, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF MIAMI'S ("CITY") ADDENDUM TO PEN-LINK'S QUOTE, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, AND RENEWALS, 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. WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a finding, attached and incorporated as Exhibit "A," that Pen -Link, Ltd ("Pen -Link") is the sole source manufacturer of Pen -Link Software ("Software"); and WHEREAS, Miami Police Department ("MPD") and other municipalities have been utilizing the Miami -Dade County Police Departments ("MDPD") access to Pen-Link's Software for numerous years; and WHEREAS, in recent months shared access has been restricted, and MPD has been advised it will be discontinued due to overtime budgetary restrictions; and WHEREAS, MPD has a need to purchase two (2) Software Licenses and Servers; and WHEREAS, the purchase of the Software and servers will assist MPD to solidify evidence on criminal suspects and to assist prosecution of the State and Federal investigations, City of Miami Page 1 of 3 File ID: 6450 (Revision:) Printed On: 4/24/2025 File ID: 6450 Enactment Number: R-19-0384 such as missing persons, abductions/kidnappings, homicides, robberies and other related cases; 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; and WHEREAS, the sole source recommendation of the City Manager and the Chief Procurement Officer that makes the finding that no other sources of goods or services could be obtained to meet the City's requirements and this sole source is in compliance the provisions of Section 18-192 of the City Code "Sole -source contracts"; and WHEREAS, following a published noticed made at least fifteen (15) days prior to the award, the City Commission is ratifying and approving, by a 4/5th affirmative vote, the waiver of competitive sealed bidding procedures as a sole source; 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 Code of the City of Miami, Florida, as amended ("City Code"), 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 request to purchase Pen -Link software, hardware and maintenance for MPD, from Pen -Link, the sole source manufacturer of Software, is approved. Section 3. Funds to be allocated from MPD's general fund account, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute the City's addendum to Pen- Link's quote in substantially the attached form. Section 5. 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'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 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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. This Resolution shall become effective as specified herein unless vetoed by the Mayor within (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective City of Miami Page 2 of 3 File ID: 6450 (Revision:) Printed on: 4/24/2025 File ID: 6450 Enactment Number: R-19-0384 APPROVED AS TO FORM AND CORRECTNESS: "ndez, City tton immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 6450 (Revision:) Printed on: 4/24/2025