A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO NEGOTIATE AND EXECUTE AGREEMENTS FOR DELL SECUREWORKS PRODUCTS WITH DELL MARKETING L.P., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A ONE (1) YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $150,000.00.

The Information and Technology (“IT”) Department requires essential security solutions to protect the City of Miami Beach from any cyber-attacks and prevent any unauthorized internet user from accessing private networks connected to the Internet or intranet, as well as comply with regulations relating to the security of credit card payment transactions.

In Fiscal Year 11/12, the IT Steering Committee approved funding for projects necessary to protect the City from any cyber-attacks and to comply with Payment Card Industry – Data Security Standard (PCI-DSS). Once funding was approved, the IT Department evaluating several options for the required security and selected Secureworks, which has been acquired by Dell Computers. The products were purchased pursuant to various publically procurement contracts (piggybacks).

Most recently, on April 24, 2017, the City Manager approved the use of the competitively bid State of Florida (“SOF”) Contract No. 43220000-WSCA-14-ACS and executed a one (1) year agreement with Dell, which is set to expire on May 17, 2018. However, the required products are no longer available on the referenced contract.

In order to continue with these critical services and given the time sensitivities regarding the current contract expiration date, the Procurement Department researched several competitively bid contracts from public agencies and national cooperatives, such as the State of Florida, US Communities, and National Cooperative Purchasing Alliance. The system currently in use by the City is not available under any of the researched contracts, and therefore the City cannot “piggyback” the competitively awarded contracts of other public entities.

The IT Department has determined that, at this time, it would not be cost effective to change the current system, as it has already been implemented for multiple years in the City’s environment, and the possibility of considering a different system would require additional implementation cost, create a gap in operations, and open a window of opportunity for unauthorized internet users.

Based on the foregoing, the City Manager recommends the waiver of competitive bidding requirements, as being in the best interest of the City to continue the services with Dell Secureworks, to protect the City of Miami Beach from any cyber-attacks and any unauthorized internet user from accessing private networks connected to the Internet or intranet, and further recommend negotiate agreements for a one (1) year period, in an amount not to exceed $150,000.00, to allow the Administration to seek competitive bids or cooperative agreements for the required products.  

It is the recommendation of the Administration that the Mayor and City Commission accept the written recommendation of the City Manager (as set forth in the City Commission Memorandum accompanying this Resolution) and waive, by 5/7th vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve and authorize the City Manager and the City Clerk to negotiate and execute agreements for Dell Secureworks with Dell Marketing L.P., in a form acceptable to the City Attorney, for a one (1) year period, in an amount not to exceed $150,000.00, to allow the Administration to seek competitive bids or cooperative agreements for the required products.