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HomeMy WebLinkAboutR-19-0261City of Miami Legislation Resolution: R-19-0261 File Number: 5876 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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-Bl93201; 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. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Joe Carollo 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 City of Miami Page 1 of 3 File ID: 5876 (Revision:) Printed On: 7/29/2019 File ID: 5876 Enactment Number: R-19-0261 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- 6193201. 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 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 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: 5876 (Revision:) Printed on: 7/29/2019 File ID: 5876 APPROVED AS TO FORM AND CORRECTNESS: tyt6ria'Wndel, ity Attor iey 5/28/2019 Enactment Number: R-19-0261 City of Miami Page 3 of 3 File ID: 5876 (Revision:) Printed on: 7/29/2019