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HomeMy WebLinkAboutR-19-0148City of Miami 1 i.RR cl Legislation alldl 1lm Resolution: R-19-0148 File Number: 5556 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/11/2019 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 ("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 "B"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE OPTICOM PRIORITY CONTROL AS A SERVICE ("PCAAS") MASTER SERVICES AGREEMENT FROM GLOBAL TRAFFIC TECHNOLOGIES, LLC, A FOREIGN LIMITED LIABILITY COMPANY ("GTT"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A," INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE LICENSES, TRAINING SERVICES, MAINTENANCE, AND SUPPORT FOR A PERIOD OF ONE (1) YEAR SUBSCRIPTION WITH ANNUAL RENEWALS; ALLOCATING FUNDS FROM THE FIRE -RESCUE DEPARTMENT'S PROJECT NO. 40-13193204, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; 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 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 Chief Procurement Officer has made a finding that Global Traffic Technologies, LLC, a foreign limited liability company ("GTT") is the sole source manufacturer of Opticom Priority Control as a Service ("PCaaS"); and WHEREAS, the PCaas System, which provides red light traffic signal recognition from a distance for emergency vehicles to safely cross intersections, meets the criteria for a sole source set forth in Section 18-92 of the Code of the City of Miami, Florida; and, WHEREAS, The Fire -Rescue Department ("Fire") has a need to purchase one (1) PCaaS System; and City of Miami Page 1 of 3 File ID: 5556 (Revision:) Printed On: 4/23/2019 File ID: 5556 Enactment Number: R-19-0148 WHEREAS, the Subscription to PCaaS will allow Fire to reduce response times when responding to emergencies; 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 "B"; 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, following a published notice made fifteen (15) days prior to the award, the City Commission is ratifying and approving, by four-fifths (4/5t") 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 City Code, after an advertised public hearing, the City Manager's finding of a sole source, attached and incorporated as Exhibit "B," is ratified, approved and confirmed, the requirements for competitive sealed bidding procedures are waived, and the request to subscribe to a PCaaS for the Miami's Fire -Rescue Department, from GTT, a Foreign Limited Liability Company, the sole source manufacturer of PCaaS, is approved. Section 3. Funds are to be allocated from the Fire -Rescue Department's Project No. 40- B 193204. Section 4. The City Manager is authorized' to execute the PCaaS Master Services Agreement from GTT, in substantially the form attached as Exhibit "A," including, but not limited to, the software licenses, training services, maintenance, and support for a period of one (1) year subscription with annual renewals. 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 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 6. 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. City of Miami Page 2 of 3 File ID: 5556 (Revision:) Printed on: 4/23/2019 File ID: 5556 APPROVED AS TO FORM AND CORRECTNESS: 1 ria ndez, ity ttor ey 3127/2019 Enactment Number: R-19-0148 City of Miami Page 3 of 3 File ID: 5556 (Revision:) Printed on: 412312019