HomeMy WebLinkAboutAgenda Item Summary Form1IVF
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F{` 3 AGENDA ITEM SUMMARY FORM
File ID: #6450
oR ti9
Date: 08/27/2019 Requesting Department: Department of
Police
Commission Meeting Date: 10/10/2019 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Sole Source - Pen -Link Software, Hardware and Maintenance
Purpose of Item:
The nature of this item is to authorize 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 request
to enter into a purchase agreement with Pen -Link, Ltd. Corp. ("Pen -Link") for the
software, hardware and maintenance to gather vital information from Global Positioning
System ("GPS") towers, for the City of Miami Police Department ("Police"). Authorizing
the City Manager to negotiate and execute all other documents, including amendments
and renewals, 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.
Backaround of Item:
Police along with other municipalities have been utilizing the Miami -Dade County Police
Department's ("MDPD") access to Pen -Link for numerous years. However, in recent
months the shared access has been restricted and Police has been advised it will be
discontinued due to overtime budgeting restriction at MDPD. After conducting market
research, the Department of Procurement ("Procurement") found that Pen -Link was a
viable resource to gather vital information from GPS towers and is the sole source
provider for a software which is compatible with the MDPD, Florida Department of Law
Enforcement, various federal law enforcement agencies as well as many other South
Florida municipalities who also use this software. The Pen -Link software is the only
system in the industry that is capable of intercepting, processing and analyzing both
Telco and IP Data all in one comprehensive platform with "Real Time" information. Pen -
Link also supports all United States Communications Assistance for Law Enforcement
Act ("CALEX) delivery standards, European electronic surveillance delivery standards,
as well as, South and Central American delivery standards. Procuring the Software will
help Police solidify evidence on criminal suspects and assist in the prosecution of State
and Federal investigations such as missing persons, abductions/kidnappings,
homicides, robberies, and other related crimes.
Budqet Impact Analvsis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Item is an Expenditure
Total Fiscal Impact:
Approximatelv $70,600.00 initial purchase
General Account No.:00001.191501.544000.0000.00000
Reviewed By
Department of Police
Ronald Papier
Department of Police
Ronald Papier
Office of Management and Budget
Luis Hernandez -Torres
Department of Procurement
Annie Perez
Office of Management and Budget
Christopher M Rose
City Manager's Office
Nikolas Pascual
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Victoria Mendez
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Police Chief Review
Completed
Department Head Review
Completed
Budget Analyst Review
Completed
Procurement Review
Completed
Budget Review
Completed
City Manager Review
Completed
Legislative Division Review
Completed
Deputy City Attorney Review
Skipped
Approved Form and Correctness
Completed
Meeting
Completed
Signed by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
08/27/2019 7:14 PM
08/27/2019 7:15 PM
09/12/2019 4:48 PM
09/20/2019 9:28 AM
09/26/2019 4:40 PM
09/26/2019 8:20 PM
09/30/2019 7:47 AM
09/30/2019 7:47 AM
09/30/2019 5:04 PM
10/10/2019 9:00 AM
10/15/2019 3:09 PM
10/15/2019 3:33 PM
10/15/2019 3:33 PM
City of Miami
City Hall
Legislation 3500 Pan American Drive
Miami, FL 33133
is
Resolution www.miamigov.com
Enactment Number: R-19-0384
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,
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 4/5t" 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
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.z
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.
z 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
immediately upon override of the veto by the City Commission or upon the effective date stated herein,
whichever is later.
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, Cify Attoriey 913012019