20160713 SM2MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3'd Floor, 1700 Gonvention Center Drive
July 13, 2016
Mayor Philip Levine
Commissioner John Elizabeth Alemdn
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsft us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity with the City
Gommission, any Gity Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G2 - Gompetitive Bid Reoorts
C2B Request For Approval To lssue Request For Proposal (RFP) No. 2016-148-ND For Standardization
Of Variable Frequency Drives ln The City's Pump Stations.
(ProcuremenUPublic Works)
(Memorandum)
C7 - Resolution
C7R A Resolution Authorizing The Extension Of A Communications System Agreement, And All Exhibits
Thereto, With Motorola ln The Amount Of $335,443 For A Term Of One Year To Maintain A
Continuity Of Service Of The 800 MHz Public Safety Radio System.
(Emergency Management)
(Memorandum)
1
Supplemental 2, July 13, 201 6
R5 - Ordinances
R5P An Ordinance Amending Chapter 31 Of The Code Of The City Of Miami Beach, Entitled "Purchasing,"
By Creating Article lll, To Be Entitled "Local Workforce Participation Program For City Construction
Contracts," To Establish Workforce Participation Goals And Reporting Requirements For City
Construction Contracts ln Excess Of $1 ,000,000 For The Construction, Demolition, Alteration And/Or
Repair Of City Buildings, City Public Works, And Buildings Or lmprovements Located On City-Owned
Land; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Micky Steinberg).
(Leg islative Tracki ng : Procu remenUCity Attorney)
(Memorandum & Ordinance)
2
COMMISSION ITEM SUMMARY
Gondensed Title:
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSAL (RFp) NO.2016-148-
ND FOR STANDARDIZATION OF VARIABLE FREQUENCY DRIVES IN THE CITY'S PUMP
STATIONS
lntended Outcome Su
Build and Maintain Priority lnfrastructure with Full Accountabili
Data (Survevs. Environmental Scan
N/A
Item Summ ommendation:
Presently the City of Miami Beach (the "City") owns and operates multiple sewer and water
pumping stations throughout the City that utilize variable frequency drives (VFDs) to provide
different pumping and boosting needs in order to deliver water to the City's stakeholders and
convey sewage out of the City for treatment at Miami-Dade's wastewater facilities. These drives
are now obsolete and availability for pa(s has become scarce causing the need for
replacements to insure reliability to the City and its stakeholders.
The City is seeking proposals from qualified providers that are either manufacturers or
manufacturer authorized suppliers/installers of VFDs interested in negotiating with the City to
develop a VFD standard for its water and sewer pump stations. These drives range between 30
-350 horse power (hp) and are either 6-pulse or 18-pulse drives. The 18-pulse being 125hp and
above and the 6-pulse being everything below 125hp. Of the fifty (50) total drives, six (6) have
already been upgraded to Allen-Bradley, Powerflex, 750 series drives utilizing the existing
transformers and equipment. However, prior to engaging in the systematic replacement of these
VFDs, the City wishes to standardize the equipment used throughout its pumping stations in
order to facilitate maintenance and repairs, and future replacements.
RECOMMENDATION
To seek proposals from interested parties, the Administration recommends that the
Mayor and City Commission of the City of Miami Beach, Florida authorize the issuance
of 2016-148-ND for Standardization of Variable Frequencv Drives in the Citv's Pump Stations.
Clerk's Office Le islative Tracki
1 Drives in the 16-148-ND FOR
Y DRIVES- ISSUANCE SUMMARY.doc
Agenda ltem CeBoate@
Board Recommendation:
Financial lnformation:
N/A
Source of
Funds:
Financial lmpact Summary: This project will not utilize grant funding.
Alex Denis. Ro
A^IA^AISEACH 3
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
C
the City
SSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
July 13,2016
REQUEST FOR APPROVAL TO UE A REQUEST FOR PROPOSAL
2016.148.ND FOR STAND
TO:
FROM:
DATE:
SUBJECT:
TION OF VARIABLE FREQUENCY
(RFP) NO.
DRIVES IN
THE CIry'S PUMP STATIONS
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BACKGROUND
Presently the City of Miami Beach (the "City") owns and operates multiple sewer and water pumping
stations throughout the City that utilize variable frequency drives (VFDs) to provide different pumping
and boosting needs in order to deliver water to the City's stakeholders and convey sewage out of the
City for treatment at Miami-Dade's wastewater facilities. These drives are now obsolete and
availability for parts has become scarce causing the need for replacements to insure reliability to the
City and its stakeholders.
The City is seeking proposals from qualified providers that are either manufacturers or manufacturer
authorized suppliers/installers of VFDs interested in negotiating with the City to develop a VFD
standard for its water and sewer pump stations. These drives range between 30 -350 horse power
(hp) and are either6-pulse or 18-pulse drives. The 18-pulse being 125hp and above and the 6-pulse
being everything below 125hp. Of the fifty (50) total drives, six (6) have already been upgraded to
Allen-Bradley, Powerflex, 750 series drives utilizing the existing transformers and equipment.
However, prior to engaging in the systematic replacement of these VFDs, the City wishes to
standardize the equipment used throughout its pumping stations in order to facilitate maintenance and
repairs, and future replacements.
o MINIMUM QUALIFIGATIONS. Please Reference, Appendix C, Page 26, RFP 2016-148-ND
for Standardization of Variable Frequency Drives in the City's Pump Stations (attached).
.PleaseReferenceSection0300,Page12,RFP2016-148.ND
for Standardization of Variable Frequency Drives in the City's Pump Stations (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 14, RFP 2016-148-ND
for Standardization of Variable Frequency Drives in the City's Pump Stations (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP
No. 2016-148-ND for Standardization of Variable Frequency Drives in the City's Pump Stations.
ATTACHMENTS
Attachment A: RFP No. 2016-148-ND for Standardization of Variable Frequency Drives in the City's
Pump Stations.
JLM/ND/MTIADIEC/RC
T:\AGENDA\20'16\July\Procurement\20l6-'148-ND Standardization of Variable Frequency Drives in th City's Pump Stations\RFP 2016-148-ND FOR VARIABLE
FREQUENCY DRIVES - ISSUANCE MEMO.doc
4
REQUEST FOR PROPOSALS (RrP)
206-1 48 ND
Stondordizotion of Vorioble Frequency Drives in the City's
Pump Stotions
RFP ISSUANCE DATE: JULY 15,2016
PROPOSALS DUE: AUGUST 14,2016 @ 3:00 PM
MIAMIBEACH
Nqrolio Delgodo, Conlrocting Officer I
DEPARTMENT OF PROCUREMENT MANAGEMENT
1755 Meridion Ave.3'd Floor, Miomi Beoch, FL 33.l39
305.673.7000x6263 Inotoliodelgodo@miomibeochfl.gov lwww.miomibeochfl.gov
5
tb R#l:qil
TABLE OF CONTENTS
SOLICITATION SEGTIONS:PAGE
0100 NoT uTtLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ........ .......3
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ..........12
0400 PRoPoSAL EVALUATTON ....... ............14
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........16
APPENDIX B "NO PROPOSAL" FORM ,,.,.,,.23
APPENDIX C MINIMUM REQUIREMENTS, SPECIFICATIONS, & SPECIAL CONDITIONS .25
APPENDIX E COST PROPOSAL FORM ......3,I
APPENDIX F INSURANCE REQUIREMENTS ..............35
RFP 20I6I48 ND
6
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. \' ,!.*,i'J 1r tr*.)L*n\*[ tr
SECTION O2()() INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
Presently the City of Miami Beach (the "City") owns and operates multiple sewer and water pumping stations
throughout the City that utilize variable frequency drives (VFD) to provide different pumping and boosting needs in
order to deliver water to the City's stakeholders and convey sewage out of the City for treatment at Miami-Dade's
wastewater facilities. These drives are now obsolete and availability for parts has become scarce causing the need
for replacements to insure reliability to the City and its stakeholders, These drives range between 30 -350 horse
power (hp) and are either 6-pulse or'18-pulse drives. The 18-pulse being 125hp and above and the 6-pulse being
everything below 125hp. 0f the fifty (50) total drives, six (6) have already been upgraded to Allen-Bradley,
Powerflex, 750 series drives utilizing the existing transformers and equipment. However, prior to engaging in the
systematic replacement of these VFDs, the City wishes to standardize on the equipment used throughout its
pumping stations in order to facilitate maintenance and repairs, and future replacements.
The purpose of this RFP is to seek proposals from qualified providers that are either manufacturers or manufacturer
authorized suppliers/installers of variable frequency drives (VFDs) interested in providing proposals to the City to
develop a VFD standard for its water and sewer pump stations. lnterested parties shall submit their proposals for the
City's consideration in accordance with Section 0300 of this RFP.
3.he tentative schedule for this solicitation is as tollows:
RFP lssued July 15, 2016
Pre-Proposal Meeting July 25, 2016
Deadline for Receipt of Questions August 4,2016
Responses Due August 14,2016
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
RFP 20I6.I48 ND
7
b irlrlA,'r"{i Sil,qil$-$
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:Telephone:
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3.
All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum,
5. MANDATORY PRE.PROPOSAL MEETING AND MANDATORY SITE VlSlT. Prospective Proposers are required
to attend a MANDATORY Pre-Proposal Conference and MANDATORY Site Visit. Proposers that fail to attend both
Pre-Proposal Conference and Site Visit will be deemed non-responsive and will have their proposal disqualified. The
Pre-Proposal Conference and Site Visit will be held at the date and time scheduled in Section 3 above beginning at
the following address:
City of Miami Beach
Procu rement Department
Conference Room C
1755 Meridian Ave.3rd Floor
Miami Beach, Florida 33139
6, PRE.PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through
PublicPurchase. Any prospective proposer who has received this RFP by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFP, Failure to receive an addendum may result in disqualification of proposal. Written questions should be received
no later than the date outlined in the Anticipated RFP Timetable section.
7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov
4
305-673-7000, extension 6263
RFP 2016I4B.ND
8
ID
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. m iamibeachfl. gov/procu remenUscroll. aspx?id=235 1 0
. CONE OF SILENCE. . CITY CODE SECTION 2486
. PROTEST PROCEDURES CITY CODE SECTION 2-371
. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2.397 THROUGH 2-485.3
. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES ., CITY CODE SECTIONS 2481 THROUGH 2.406
O CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
ISSUES.......,... CITY CODE SECTION 2488
. REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2-373
. LIVING WAGE REQUIREMENT........... CITY CODE SECTIONS 2407 THROUGN2-410
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE.CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
. FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 70-300
. ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287,017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to
be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,
without limitation, disqualification of their responses, in the event of such non-compliance.
11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar
with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are
expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487
through 2-490 of the City Code, Proposers shall be solely responsible for ensuring that all applicable provisions of
the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their responses, in the event of such non-compliance.
13. CODE 0F BUSINESS ETHICS. Pursuant to City Resolution N0.2000-23879, the Proposer shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five
(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of
the City of Miami Beach and Miami Dade County.
RFP20]614B.ND
9
&
14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign
language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities.
For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension
2984.
15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone
the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days
written notice of any such postponement to all prospective Proposers through PublicPurchase.
16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in
accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2-
370 and 2-371 ol the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the
requirements of the City's Bid Protest Ordinance shall be barred.
17. NOT USED.
18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section2-374, the City shall give
a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a
veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the
lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or
contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount).
Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a
small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are
responsive, responsible and othenruise equal with respect to quality and service, then the award shall be made to the
service-disabled veteran business enterprise.
19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals.
6RFP 2OI6.I4B.ND
10
,b
20. NEGOTIATIONS. Following selection, the City reseryes the right to enter into further negotiations with the
selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the
selected Proposer in the event the parties are unable to negotiate a contract. lt is also understood and
acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until
and unless an Agreement has been agreed to; approved by the City; and executed by the parties.
21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute
discretion, relect any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any
time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP,
Reasonable efforts will be made to either award the proposer the contract or reyect all proposals within one-hundred
twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one
hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to
the Department of Procurement Management prior to award of the contract by the City Commission.
22. PROPOSER'S RESPONSIBILITY, Before submitting a response, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer,
23. COSTS INCURRED BY PROP0SERS. Allexpenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
24. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
24. OCCUPATIONAL HEALTH AND SAFETY. ln compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must
be accompanied by a Material Safety Data Sheet (MSDS)which may be obtained from the manufacturer,
25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a propose/s history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the
right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the
City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and
dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the
Proposer that there are no citations or violations, Proposer shall notify the City immediately of notice of any citation
or violation which proposer may receive after the proposal opening date and during the time of performance of any
contract awarded to it.
7RFP 20 I 6 I48 ND
11
26. TAXES. The City of Miami Beach is
1 \ , d\F* A i"\i l:.^1.. s\P*d*\{. i Mkd \\!r {
from all Federal Excise and State taxes,
27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
29. COPYRIGHT. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and
expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured
or used in the performance of the contract, including its use by the City of Miami Beach, Florida, lf the Proposer
uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,
without exception, that the proposal prices shall include all royalties or cost arising from the use of such design,
device, or materials in any way involved in the work,
30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract
by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result
in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list.
31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract, Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws,
32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence,
33. NON.DISCRIMINATION, The Proposer certifies that it is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause
hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of
the Hotel Project or any portion thereof.
&
exempt
RFP2O I 6-I 4B-ND
12
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34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an
award that is in the best interest of the City, including:
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation,
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor, However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
39. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
RFP 201 6.I 4B-ND 9
13
,b
40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s.24(a), Art, 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenrvise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State,
County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated
by this RFP (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the
EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the
Proposer will in no way relieve it from responsibility for compliance,
44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami
Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly,
an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates.
RFP 201 6.I 4B.ND t0
14
ab
45. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
47. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall
be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion,
may accept or reject any or all exceptions and alternatives. ln cases in which exceptions and alternatives
are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the
RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP).
48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
49. SUPPLEMENTAL |NFORMATI0N. City reserves the right to request supplemental information from Proposers
at any time during the RFP solicitation process, unless othenruise noted herein.
50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies speciflc goods, services or
facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and
Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than
$50,000), may require additional items to be added to the Contract which are required to complete the work. When
additional items are required to be added to the Contract, awarded vendo(s), as applicable to the item being
requested, under this contract may be invited to submit price quote(s) for these additional requirements. lf these
quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract
vendo(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a
Purchase Order (or Change Order if Purchase Order already exists). ln some cases, the City may deem it necessary
to add additional items through a formal amendment to the Contract, to be approved by the City Manager,
The City may determine to obtain price quotes for the additional items from other vendors in the event that
fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the
City's discretion.
Balance of Pase lntentionallv Left Blank
RFP 20 I 6 I48 ND tl
15
SECTION O3OO PROPOSAL S
.:. : , ,\ ,\ ." t) f ,1. 1^;;i\ ilf*r'- . rll*f.\-r i
AL INSTRUCTIONS AND FORMAT
b
UBMITT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address, Proposals received electronically, either through
emailorfacsimile, are not acceptable and will be rejected.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered Iate and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or othenrvise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references, Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Gover Letter & Minimum Qualifications irements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed,
1.3 Minimum Qualifications Requirements. Submitverifiable information documenting compliance with the minimum
alifications requirements established in Appendix C, Minimum Requirements and Specificati
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the flrm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, submit the following information: project description, agency name, agency contact, contact
telephone & email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
RFP 2016 I48 ND 12
16
of Services Pro
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications, including (but not
limited to):
1, Technical specifications of the proposed equipment.
2. ln addition to general references submitted pursuant to Tab 2, submit client references for the equipment
proposed. For each client reference submitted, the following is required: prolect description, make and model
of similar equipment, agency name, agency contact, contact telephone & email, and yea(s) and term of
engagement.
3. Development of a non-proprietary, interoperable City-wide standard,
4. Reliability and/or service level performance data for equipment.
5. Availability of locally stocked spare parts and equipment.
6. Program and network monitoring communications.
7. Any other value added services the proposer is proposing to provide.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a fully review and score the proposed scope of services.
,D ,\ .',- \ .' n,fl)fl' "\r*l I
,' \rt , ,; " ', ' m [,'.\\"* n
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
ch and
Submit detailed information on the approach and methodology Proposer would utilize in the standardization, repair,
maintenance and replacement of the referenced equipment throughout the City's pump stations. At a minimum,
include the following detailed information, as applicable, which addresses, but need not be limited to: assessment,
implementation plan, project timeline, phasing options, testing and risk mitigation, repair and maintenance response
times, loaner equipment program, first response commitment, and any other value added service.
Cost
Submit a ted Cost Form
RFP 20 I 6 I48 ND t3
17
sr .; r4{ $
sEcTloN 0400
1. Evaluation Gommittee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission. ln the event that only one responsive proposal is received, the City Manager, after determination that
the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee,
recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may
utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management, An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step'1, Qualitative Criteria, ln doing so, the Evaluation Committee may review and score all proposals
received, with or without conducting interview sessions.
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Cost Proposal
b r,,: :
PROPOSAL EVALUATION
30
30
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $100 / $100 X20 = 20 20
Vendor B $150.00 20 $100 / $150 X20 ='13 13
Vendor C $200.00 20 $100 / $200 X 20 = 10 10
RFP 20 I 6.] 4B.ND 14
18
9 ""'
'"rir""\ SIAil$-f
5, Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
,JJfl ffiIfl t',5',?:'3iilJ:ffi 3l[yffi:ii:'JJxliT*T.txffi ff i,T'
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
6. Best and Final Offier. Following the Evaluation Committee's ranking of proposals and prior to award, the City
reserves the right to short-list vendors, as deemed to be in the City's interest by the City Manager, and request best
and final offers from those short-listed vendors,
..- Committee, Member,f .
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Commiftee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank 1 2 3.i
Committee:
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 '15 12
Total 102 89 78
Rank 1 2 3
RFP 20I6.I4B.ND t5
19
APPEND XA
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mffi&d*kdMkffi\-*$ $
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
RFP 201 6-1 4B_ND
Sto ndordization of Vorio ble
Frequency Drives in the City's Pump
Stotions
PROCU REMENT DEPARTMENT,l755 Meridion Ave. 3rd Floor
Miomi Beoch, Florido 33,l39
RFP 20 I 6 I48 ND t6
20
No:Solicitation
201 6-148-ND
Solicitation Title:
Standardization of Variable Frequency Drives in the City's Pump Stations
Procurement Contact:
Natalia Deloado
Tel:
305-673-7000 x6263
Email:
nataliadelqado@miamibeachfl .qov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation,
FIRM NAME:
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRI\,,1 PRIMARY ADDRESS (HEADQUARTERS):
]ITY:
STATE:ZIP CODE:
TELEPHONE NO.:
IOLL FREE NO,:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIIVARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EIV1AIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
RFP 20 I 6.I 4B.ND t7
21
2.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?f--l vrs [-_l uo
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict 0f lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: '1) Firm Name, 2) Contact
lndividual Name & Title, 3)Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?f--l vrs l---l uo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics, Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its
proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
3.
4.
b.
RtP 20 t6- 148 ND IB
22
8.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers
shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:o Commencing with City fiscal year 2012-13 (October 1,2012), the hourly living rate will be $1 1.28/hr with health
beneflts, and $1 2.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's
Bureau of Labor Statistics, Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year),
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.miamibeachfl .gov/procuremenU.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?[--l ves f--l uo
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?f--l ves f--l ruo
c. Please check all benefits that apply to your answers above and list in the "othe/' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final, Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenV.
Rt-P 20 t6- t48-ND t9
23
10.
44tt
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Non-Discrimination. Pursuant to City Ordinance N0.2016-3990, the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the
blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to
Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and
Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no
travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be
sourced from these states.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Resolution 2016-29375.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will skive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Rcccint
lnitial to Conflrm
Rncninl
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 1 I
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum'13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
12.
RFP 20]6_14B.ND 20
24
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
flnancial and disclosure data, relating to the Proposal and the applicant including, without limltation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-inthe-sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and conskued in accordance with the laws of the State of Florida.
RFP 20]6 148 ND 2)
25
I hereby ce(ify that l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal, Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me who
County of _) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
RFP 2O I 6.I 4B-ND 22
26
APPENDIX B
& &AIA&AIww&ffW':- $ v \$d \$ v 1gM&*s &\NN $
"No Proposol" Form
RFP 201 6.1 4B-ND
Sto ndordization of Vorio ble
Frequency Drives in the City's Pump
Stotions
PROCU REMENT DEPARTMENT.l755 Meridion Ave. 3rd Floor
Miomi Beoch, Florido 33139
RFP 20I6I4B-ND 23
27
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR tNDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Natalia Delgado, Procurement Contracting Officer I
PROPOSAL #2016.148.ND
1755 Meridian Ave. 3rd Floor
MIAMI BEACH, FL 33139
RhP 20 I6- I48-ND 24
28
APPENDIX C
,\&I&MIffiffi&ffiN
Minimum Requirements,
Specificotions & Speciol
Conditions
RFP 201 6-1 4B-ND
Sto ndordization of Vorio ble
Frequency Drives in the City's Pump
Stotions
PROCU REMENT DEPARTMENT,l755 Meridion Ave. 3rd Floor
Miomi Beoch, Florido 33,l39
RFP20I6I48ND ,/a
29
Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation
are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting
compliance with each minimum requirement. Proposers that fail to include the required submittals
with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and
shall not have its proposal considered.
1. The Proposer (defined as the Proposing Firm) shall be the manufacturer or an agent of the
manufacturer authorized to sell, install and maintain the proposed brand of equipment.
Required Submittals: Proposer shall submit proof that it is either the manufacturer
of the proposed equipment or an authorized agent of the manufacturer.
2, The Proposer (defined as the Proposing Firm) shall identify a manufacturer authorized
service agent located within a 50 mile radius of the City.
Required Submittals: 1. Submit the manufacturer authorized agent responsible for
all equipment service issues after installation. 2. Submit proof that the manufacturer
authorized service agent is located within a 50 mile radius of the City.
C3. Upgrade Specifications
C3.1 The size and quantity of the primary required equipment is identified in Appendix D, Cost
Proposal Form. The selected vendor shall be responsible for furnishing and installing (inclusive
of all costs, including supplemental parts and supplies) the equipment identified in Appendix D.
Proposers are responsible for visiting each pump station identified in Appendix D to become
familiar with the existing conditions that may impact the installation of the equipment.
C3.2 All proposed equipment shall be equivalent to the Allen Bradley, Powerflex, Series 750
Drives. All drives range between 30 -350 horse power (hp) and are either 6-pulse or 1B-pulse
drives. The 18-pulse being 125hp and above and the 6-pulse being everything below 125hp.
Of the fifty (50) total drives, six (6) have already been upgraded to Allen-Bradley, Powerflex,
750 series drives utilizing the existing transformers and equipment.
C3,2.1Each VFD unit shall be coordinated with the requirements of the driven equipment.
Contractor shall be responsible for matching the motor and the VFD. Load requirements,
torque, horsepower, and speed range of VFDs shall be coordinated with and meet or
exceed that of the driven equipment.
C3.3 Prior to engaging in the systematic replacement of these VFDs, the City wishes to
standardize on the equipment used throughout its pumping stations in order to facilitate
maintenance and repairs, and future replacements. Allconnections, programming, and
networking, power monitoring, labor etc. must be included in the pricing (this is a turnkey
project).
C3.4 The replacement drives must be compatible with the existing motors, transformers, power
monitoring, programs, program logic controllers (PLC), Supervisory Control and Data
Acquisition (SCADA), and any other of the City's equipment pertinent to the drive
replacements. ln addition, they must reasonably match the factory mounting installation in the
existing motor control center (MCC) cabinetry without any major modifications including cooling
and air movement to insure drive reliability,
26
30
C3.5 All work is to be performed by trained and certified personnel. The City reserves the right
to request qualifications of each personnel to be assigned to the project and may reject any
personnel deemed to not be qualified.
C3.6. Costs submitted for each item shall include all equipment, all connections to new or
existing equipment, labor to install, disposal of replaced equipment and all other items
necessary to upgrade the pump stations in accordance with the requirements of this RFP.
C3.7. Equipment and materials shall meet or exceed the applicable requirements of the
following standards, specifications, and codes (latest edition):
lnstitute of Electrical and Electronics Enqineers (IEEE)
IEEE 519 Recommended Practice and Requirements for Harmonic
Control in Electric Power Systems
IEEE C62.41.1 Guide on the Surge Environment in Low-Voltage (1000 V
and Less) AC Power Circuits
IEEE C62.41.2 Recommended Practice on Characterization of Surges in
Low-Voltage (1000 V and Less)AC Power Circuits
National Electrical Man ufactu rers Association (N E MA)
NEMA 250 Enclosures for Electrical Equipment (1000 Volts Maximum)
NEMA AB 1 Molded Case Circuit Breakers and Molded Case Switches
NEMA ICS 1 Standard for lndustrial Control and Systems: General
Requirements
NEMA ICS 4 Terminal Blocks
NEMA ICS 5 lndustrial Control Systems, Control Circuit and Pilot Devices
NEMA ICS 6 Enclosures
NEMA ICS 7 Adjustable Speed Drives
National Fire Protection Association (NFPA)
NFPA 70 National Electrical Code
RFP 2O I 6.I 4B.ND )7
31
Underwriters Laboratories (UL)
UL 50 Standard for Enclosures for Electrical Equipment, Non-
environmental Considerations
UL 50E Standard for Enclosures for Electrical Equipment,
Environmental Considerations
UL 489 Standard for Molded-Case Circuit Breakers, Molded-Case
Switches, and Circuit-Breaker Enclosures
UL 508A Standard for lndustrial Control Equipment
UL 508C Standard for Power Conversion Equipment
UL 1283 Standard for Electromagnetic lnterference Filters
UL 61800-5-1 Standard for Adjustable Speed Electrical Power Drive
Systems - Part 5-1: Safety Requirements - Electrical,
Thermal and Energy
C3.7 .1 Equipment shall bear the appropriate labels and markings in accordance
with above standards, specifications and codes, Equipment shall be designed,
manufactured, and tested in certified lntemational Organization for Standardization
(lSO)9001 facilities.
C3.8. Acceptance of each installation will be the responsibility of the contractor. Each
installation will be tested and venfied by the contractor in the presence of a representative
of the City of Miami Beach and will include but not be limited to:
1. Checking all controls point to point (manual and auto operation).
2. Testing each VFD with the auto-transfer switch and back-up generator power
to insure it functions as intended,
C3.9. A minimum of a one (1) year warranty from date of installation/acceptance shall be
provided for each replacement drive at the time it is accepted, including 2417 support from
a factory certified technician able to be on-site within an 1 %hour from the time of the call.
lf a drive is replaced, the warranty period will begin again.
C4. Service Requirements.
C4.1. Service. Service levels must include but not be limited to certified service technicians
available twenty-four/seven (2417), three hundred sixty-five 365 days/year within a fifty (50)
mile radius of the City. A certified technician must be able to be "onsite" within one and one
half (1%) hours if the need would arise. Services will include but not be limited to preventative
and corrective maintenance of the newly installed and the upgraded existing.
RFP 2016I4B.ND 2B
32
C4.3. Parts. Parts shall be readily available. Common replacement drives and parts shall be
stocked within a fifty (50) mile radius of the City. Larger drives and long lead items should be
no more than a five to ten (5 - 10) day lead time including weekends and/or holidays. lnventory
by the manufacturer/vendor must be submitted as a part of the proposal package and will be
used as a factor to qualify reliability.
C4,4. Pricing. Pricing for services will include a regular hourly rate and an after-
hours/emergency rate through the terms of the contract. Regular working hours include
Monday - Friday 8am - Spm. After-hours/emergency rates include after hours Monday -
Friday and weekends.
C5. SpecialConditions
C5.1. Term of contract. The service part of the contract does not begin until the end of the
warranty period. The city anticipates an initial term of three (3) years.
C5.2. Option to renew. The City anticipates two (2) optionalone (1)year renewalterms. solely
at the City Manage/s discretion.
C5.3. Prices. Cost Adjustments. The initial contract prices resulting from this RFP shall remain
constant for one (1) year from the contract's initial effective date, 60 days prior to each
anniversary date of the contract the City may consider an adjustment to the preceding year's
unit costs for the subsequent year. Only request for increases based on a corresponding
increase in the Consumers Price lndex for the local urban market (CPl-U), as established by
the United States Bureau of Labor Statistics, or material adjustments to the scope or
requirements of the RFP by the City, including (but not limited to) living wage increases, will be
considered. ln the event that the City determines that the requested increase is
unsubstantiated, the Contractor agrees to perform all duties at the current cost terms.
It is the vendor's responsibility to request any pricing adjustment under this provision. For any
adjustment to commence on the first day of any exercised option period, the vendor's request
for adjustment should be submitted 60 days prior to expiration of the then current contract
year. The vendor adjustment request must clearly substantiate and support with
documentation the requested increase. lf no adjustment request is received from the vendor,
the City will assume that the vendor has agreed that the optional term may be exercised
without pricing adjustment. Any adjustment request received after the commencement of a
new option period may not be considered.
C5,4. Training. Training will include but not be limited to:
a, Two fully outfitted laptops with all the software needed to troubleshoot, communicate,
and repair the proposed replacement drives that will be turned over to the City after the
training.
b. Eight (8) hours of classroom training and a minimum of two (2) four (4) hour field training
sessions. (These hours may be proposed differently)
33
C5.5. Response Time,See also C3. Upgrade Specifications and C4. Service Requirements
C5.6. Required Certifications. Must be factory authorized installer and service provider.
C5"7, Delivery Requirements. lnstallation schedule to be negotiated with an emphasis on
I nfrastructu re Division's priority.
Operation and maintenance manuals shall be provided.Manuals shall be completely indexed
and include step-by-step procedures for the operation and maintenance of the VFD as
installed. As a minimum, operation and maintenance manuals shall include:
1. Design capabilities, operating parameters, and recommended ranges.
2. Specification packets on allcomponents in the unit.
3. System schematic diagrams, block diagrams, interconnection diagrams,
ladder diagrams, complete wiring diagrams, and enclosure drawings,
4. Safety provisions and precautlons, including protective equipment and
clothing.
5. Pre-energizing and energizing procedures.
6. Maintenance procedures, including: preventive measures, inspection and
cleaning, servicing, and testing.
7. Troubleshooting,
8. Complete replacement parts list, and list of recommended spare parts.
9. Manufacturer warranties.
10. Contact lnformation, including name, address, and telephone number of
manufacturer and manufacturer's local service representative.
11. Complete listing of VFD control settings and setpoints for all controller inputs,
Contractor shall provide approved operations and maintenance manuals to the City at least 30
days prior to VFD startup and testing.
C5,8. Background Checks. Contractor shall employ personnel competent to perform the work
specified herein. The City reserves the right to request the removal of the Contractor's
employees from performing maintenance on the City's grounds where the employee's
performance or actions are obviously detrimental to the program. Contracto/s personnel must
wear photo identification at all times
RFP 201 6 1 48 ND 30
34
APPENDIX D
ee$&&Atmm-&ffiN
Cost Proposol Form
RFP 201 6-1 48-ND
Sto ndordization of Vorio ble
Frequency Drives in the City's Pump
Stotions
PROCUREMENT DEPARTMENT
1755 Meridion Ave. 3rd Floor
Miomi Beoch, Florido 33,l39
RFP 20I6 ]48.ND 3l
35
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
APPENDIX D
PROPOSAL TENDER FORM - GROUP A
accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays,
taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised
by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink.
Proposal Tender Forms (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the
Proposal Tender Form (Section 5) shall be initialed.
Tumkey in accordaace with lh€ speii@tions
A,I
Sewer Pump Station #1 (1053 Jefferson Ave)
VFD #1. 3, & 4 (200h0 oumos)2 each $$
A2
Sewer Pump Station #10 (28 Venetian Way)
VFD #1 & 2 (60h0 oumos)2 each $$
A3
Sewer Pump Station #11 (1710 Washington
Ave) VFD #1 &2Q00ho pumps)2 each $$
A4
Sewer Pump Station #15 (Pine Tree Dr. &
West 51st Street) VFD #1 & 2 (60h0 oumos)2 each $$
A5
Sewer Pump Station #19 (6850 lndian Creek
Dr.) VFD #1 & 2 (100h0 oumos)2 each $$
A6
Sewer Pump Station #21 (850 West 71,t Street)
VFD #1 (100h0 pumo)I each $$
A7
Sewer pump Station #22 (Hagen Street on golf
course) VFD #1 & 2 (30h0 oumos)2 each $$
AB
Sewer Pump Station #23 (750 West 75tt
Street) VFD #1 & 2 (100hp pumps)2 each $$
A9
Sewer pump Station #24 (8'100 Hawthorne
Ave) VFD #1 & 2 (60h0 oumos)2 each $$
A10
Sewer pump Station #27 (5400 Collins Ave)
VFD #1 &2 (25ho oumos)2 each
q $
A1'l
Sewer Pump Station #28 (300 28tn Street)
VFD #2 & 3 (350h0 booster pumps)2 each $c
412
Sewer Pump Station #28 (300 28t Street)
VFD #1, 2, & 3 (250hp pumps)3 each $$
A13
Sewer pump Station #29 (lndian Creek Drive &
63'o Street) VFD #1 & 2 (250hp booster pumps)2 each $$
A14
Sewer pump Station #29 (lndian Creek Drive &
63,0 Street) vFD #1, 2, & 3 (125hp pumps)3 each $$
Company:
Authorized Representative:
Telephone:
Email:
Authorized Representative's Signature:
RFP 2O I 6.I 4B.ND 2)
36
APPENDIX A
PROPOSAL TENDER FORM - GROUP B
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays,
taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised
by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink.
Proposal Tender Forms (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the
Proposal Tender Form (Section 5) shall be initialed.
B1
Water Pump Station #1 (451 Dade Blvd.)
VFD #1 &2(250ho oumos)2 each $$
82
Water Pump Station #1 (451 Dade Blvd.)
VFD #'1 &2fi25h0 pumps)each $$
B3
Water Pump Station #2 (75tr Street & Dickens
Ave) VFD #1&2(250ho oumos)2 each $$
B4
Water Pump Station #2 (75ttt Street & Dickens
Ave) VFD #1 (125hp pump)each $$
B5
Water Pump Station #3 (71st Street &
Fountain) VFD #1 &2 Q50ho oumos)2 each $$
B6
Water Pump Station #4 (468 Alton Rd)
VFD #1 & 2 (300h0 oumos)2 each $$
87
Water Pump Station fH (468 Alton Rd)
VFD #1 (100h0 pumo)1 each $$
B8
Water Pump Station #5 (Belle llse, NE side of
Venetian Wav) VFD #1 (125h0 oumo)1 each $$
B9
Water Pump Station #7 (Terminal lsland)
VFD #1 & 2 (250hp pumps)2 each $$
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
RFP20I6I48ND JJ
37
APPENDIX A
PROPOSAL TENDER FORM - GROUP C
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays,
taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised
by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink.
Proposal Tender Forms (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the
Proposal Tender Form (Section 5) shall be initialed.
I lf Bidder fails to denote whether % listed is mark-up or discount, Bidder agrees that % will be assumed to be a discount
Company:
Authorized Representative:
Telephone:
Authorized Representative's Signature:
RFP 2016148-ND 34
38
APPEN DIX F
I nsuro nce Requirements
RFP 201 6-1 4B-ND
Sto n,C ordization of Vorio ble
Frequency Drives in the City's PumP
Stotions
PROCU REMENT DEPARTMENT.l755 Meridion Ave. 3rd Floor
Miomi Beoch, Florido 33.l39
m 2<
39
& AAIA&r\i$qffiNf*$"sI \.. 1 i i \ ! !t t i \ P s f \ q r ! s
: t Y i ! I lJ Y i I SNs $*ffiS S "\s$ds s N
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
XXX 1. Workers' Compensation and Employe/s Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications),
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
-4,ExcessLiability-$-.00peroccurrencetofollowtheprimarycoVerageS.XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00_ Liquor Liability $_.00_ Fire Legal Liability $_.00_ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_,00_ Other $_.00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:Vl or better, latest edition.
XXX 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
RFP 20 I 6.I 4B.ND 36
40
g MIAMIBEACH
City of Miami Beach, 1/00 Convention Center Drive. l\,4iami Beach. Florida 33139, w'/vw.mramibeachfl.gov
COMMISSIO MEMORANDUM
Mayor Philip Levine and Membe
Jimmy Morales, City Manager
July 1 ,2016
BEACH, FLORIDA, AUTHORIZING THE EXTENSION OF A COMMUNICATIONS
SYSTEM AGREEMENT, AND ALL EXHIBITS THERETO, WITH MOTOROLA IN THE
AMOUNT OF $335,443 FOR A TERM OF ONE YEAR TO MAINTAIN A CONTINUITY OF
SERVICE OF THE 8OO MHZ PUBLIC SAFETY RADIO SYSTEM.
ADMI NISTRATION RECOMM ENDATION
Adopt the resolution.
BACKGROUND
July 19, 2000, the City's lnformation Technology Department advised the Administration and the City
Commission via a Letter to Commission, LTC No. 133-2000, that the City's radio system coverage
was getting progressively worse as new, more dense buildings were being erected and therefore the
Public Safety Radio System needed to be upgraded to the most up{o-date digital technology.
Subsequent to that, on December 20,2000, the City Commission authorized a Technical Services
Agreement with RCCiOmnicom, lnc. (RCC Consultants, lnc.) to review, analyze and report on the
proposed Motorola upgrade. RCC Consultants, lnc. provided a final report that addressed major
issues involved in the proposed radio system upgrade and gave recommendations on how the City
should proceed.
As a result of this report, on July 18, 2001, the City Commission authorized theAdministration to
waive the competitive bidding process by 5/7th'vote, and negotiate a contract with Motorola,
Ericsson, or any other public safety radio system provider, as determined by the City of Miami
Beach, to replace the existing City of Miami Beach 800 MHz Analog Radio System.
CURRENT STATUS
Over the past ten years, Motorola Solutions, lnc. has maintained the City of Miami Beach's
SmartZone Public Safety radio system. The cooperation between the system users and Motorola
has resulted in a Public Safety Radio System that has historically provided reliable public safety and
public service communications to the City of Miami Beach.
The 800 MHz Public Safety Radio System was manufactured installed and has been continuously
maintained by Motorola since the original purchase. Most of the installed equipment contains
Agenda ltem
Date
cl iqatru
TO:
FROM:
DATE:
of the City
41
City Commission Memorandum - Motorola Seryice Agreement Extension
Juty 13, 2016
Page 2 of 2
proprietary and other protected design aspects, which are only known to Motorola. The proprietary
nature of the system is also related to the software that drives the system and is critical to its
performance.
Motorola as the manufacturer and long term service provider as well as their operational familiarity
with the network and associated equipment, enable them to provide the highest level of service and
responsiveness. And due to strict licensing controls, some communication encryption technology
used in the system requires special handing and repair measures. Therefore, for continuity of
service, the Emergency Management Deparlment would like to exercise their option to extend the
existing service agreement another twelve months under the same terms and pricing.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments:
Services Agreement
Maintenance Contract Extension Agreement
tfficar
F:\EMGT\$ALL\'I05 Director's Office\EM Memos\Motorola Commission Memo.doc
42
0 -o re,Fte,LA soLUTtoNS SERVICES AGREEMENT
Attn: ilational Service Supporl/4th fl Contract Numbe,': 500001006123
1301 EastAtsonquinRoad Contract Modifier: RN1 2-APR-1615.45.27
(800) 247-2345
Date: 04/1412016
Company Name: Miami Beach, City Of
Attn: BARBIE PAREDES BELLO
Billing Address: 231 0 Pinetree Dr 3rd Floor
City, State, Zip: Miami Beach,FL,33140
Customer Contact: Steve Sawicki
Phone: (305)673-7000Ext.3799
Required P.O.: No
Customer # : 1000200262
Bill to Tag # : l)042
Contract Start Date: 1r)10112016
Contract End Date; 0)13012017
Anniversary Day: Sep 30th
PaymentCycle: MC)NTHLY
PO #:
QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY
EXT
EXTENDED
AMT
Total Services $27,953.5,3 $335,442.96
SPECIAL INSTRUCTIONS - rrrrcx Subtotal - Recurring Services
Subtotal - One-Time Event
Services
Total $27,953.58 $335,442.96
TOTAL SERVICES INCLUDE: DISPATCH
SERVICE, TECHNICAL SUPPORT,
INFRASTRUCTURE REPAIR WITH ADVANCED
REPLACEMENT, ON SITE INFRASTRUCTURE
RESPONSE.PREMIER, NETWORK
MONITORING AND NETWORK PREVENTATIVE
MAINTENANCE,
MOTOROLA WILL PROVIDE COMMERCIALLY
REASONABLE EFFORTS ON END OF LIFE
EQUIPMENT DEPENDENT UPON PARTS
AVAILABILITY.
't-The prices quoted via this service contract
renewal are valid only until expiration of the current
service contract. lf Customer does not provide to
MSI a valid, executed contract renewal and hard
copy Purchase Order within 30 days of contract
expiration, a one-time administrative fee equal to
5% of the subsequent years annual contract rate
will be billed to the City of Miami Beach upon
reestablishment of the expired service contract.
Price with 5% Administration fee once delinquent =
$ 1 6,772. 15*',
Taxes
Grand Total $27,953.58 $335,442.96
IHIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY IVIOTOROLA
Subcontractgr(s)City State
MOTOROLA SOUTH FLORIDA FSO PLANTATIO
N
FL
MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL
MOTOROLA SYSTEM SUPPORT
CENTER-NETWORK MGMT DOO67
SCHAUMBU
RG
IL
MOTOROLA SYSTEM SUPPORT CTR-CALL
CENTER DOO66
SCHAUMBU
RG
IL
43
MOTOROLA SYSTEM
SUPPORT.TECHNICAL SUPPORT DOO68
SCHAUMBU
RG
IL
CONTROL COfuIMUNICATIONS DAVIE FL
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms
and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein bythis reference.
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
cusTo[,1ER (PRTNT NAME)
MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Cindee fularkes 954-723-4718
MOTOROLA REPRESENTATTVE(PR|NT NAME) PHONE
Company Name: Miami Beach, City Of
Contract Number: 500001006123
Contract Modifier: RN12-APR-16 15:45:27
Contract Start Date: 1010112016
Contract End Date: Ogl30l2o17
44
Customer: Miami Beach, Citv of Effective: 101112016
Contract Number: 500001 0061 23
Svstem Description
1 Master Site1 Prime Site4 Remote Sites10 Channel
3 Dispatch Centers (PD, Parking, EOC)2 Microwave Only Sites (first escelon only)1 FHAS Site lD (for Dispatching shop only)
Oly Equioment Description
33 Quantar Repeaters10 AstroTac Comparators2 MTC3600 Prime Site Controllers4 MTC3600 Remote Site Controllers1 MTR2000 VHF Base Station7 TeNsr Channel Banks5 Trak GPS ClocksI MC3000 Deskset Remotes11 Gold Elite Consoles (8 PD, 2 EOC,1 Parking)
All subscribers, microwave and FH,AS repair is removed
45
Service Terms and Conditions
Motorola Solutions lnc.("Motorola")and the customer named in this Agreement ("Custome/')hereby agree as follows:
Section 1. APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer
either (1) maintenance, suppoft, or other services under a Motorola Service Agreement, or (2) installation services under
a Motorola lnstallation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION
2.1 . "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement
or the lnstallation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this
reference. ln interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and
Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the
cover page or attachment states othenvise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this
Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described in this
Agreement.
Section 3. ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement becornes binding only when accepted in writing by Motorola. The term of this Agreement
begins on the "Start Date" indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other
document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola'
s then-applicable rates for the services.
4.2. lf Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the
Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that
are prescribed by Motorola will be followed.
4.3. lf Customer purchases from Motorola additional equipment that becomes part of the same system as the initial
Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the
warranty for that additional equipment expires.
4,4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which
Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous
environments.
4.6. lf Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason,
Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or
increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's
notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in
other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry
4
46
standards: excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation
of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
Iine, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligations for any transmission meCium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers
location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat,
light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors
will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
Unless otheruvise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
weekends and holidays. Unless othenivise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusuai access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available
twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
maintain contact, as needed, with Motorola.
Section 8. PAYMENT
Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within
twenty (20) days of the invoice date. Customer will reimburse Motorola for ail property taxes, sales and use taxes, excise
taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except
income, profit, and franchise taxes of Motorola) by any governmental entity.
Section 9. WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period
of ninety (90) days from the date the performance of the Services are completed. ln the event of a breach of this
warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a
pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DtSCLA|MS ALL OTHER WARRANTTES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section I 0. DEFAU LT/TERMINATION
10.1 . lf either party defaults in the performance of this Agreement, the other party will give to the non-performing party a
written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a
written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately
afterplanapproval. lfthenon-performingpartyfailstoprovideorimplementthecureplan,thentheinjuredparty,in
addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a
written notice of termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
Section 11. LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
liability in tort, or othenvise, will be limited to the direct damages recoverable under law, but not to exceed ihe price of
twelve (12) months of Service provided under this Agreement. ALTHOUGH THE pARTtES ACKNOWLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, T|ME, DATA, GOOD W|LL, REVENUES, PROF|TS OR
SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED
47
TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT
TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an
open account. This limitation of liability will survive the expiration or termination of this Agreement and applies
notwithstanding any contrary provision.
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1 . This Agreement supersedes all prior and concurrent agreements and understandings between the parties,
whether written or oral, related to the Services, and there are no agreements or representations concerning the subject
matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by
a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,
however, an omission of the reference to this Agreement will not affect its applicability. ln no event will either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase
order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both partres
to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by
authorized representatives of both par.ties.
SECtiON 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS
13.'l . Any information or data in the form of specifications, drawings, reprints, technical information or othenrvise
furnished to Customer under this Agreement will remain Motorolas property, will be deemed proprietary, will be kept
confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written
permission or as required by law, any confidential information or data to any person, or use confidential information or
data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section
survive the expiration or termination of this Agreement.
13.2. Unless othenvise agreed in writing, no commercial or technical information disclosed in any manner or at any time
by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with
access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license
under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property
created as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
Commission or any other federal, state, or local government agency and for complying with all rules and regulations
required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental rnatters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage
on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its
subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of
Motorola or its subcontractors who are responsible for rendering services under this Agreement. lf this provision is found
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose
of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in
Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request.
This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS
17,1 . lf any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force
and effect.
17 .2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
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48
in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that parlys
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this
Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder
without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted
assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, lVlotorola
may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. ln
addition, in the event Motorola separates one or more of iis businesses (each a "Separated Business"), whether by way of
a sale, establishment of a loint venture, spin-off or otheruuise (each a "Separation Event"), Motorola may, without the prior
written consent of the other Party and at no additional cost to fulotorola, assign this Agreement such that it will continue io
benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)foilowing the
Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDTTTONAL ONE (1) YEAR TERM, ON EVERY ANNTVERSARY
OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR
ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT
LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.8. lf Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in
effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those
services on a time and materials basis at Motorolas then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the
Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic
signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and
admissibility. ln addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement
shall be treated as and shall have the same effect as an original signed copy of this document.
Revised Oct 15, 2015
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0 ," ToRoLA soLur/oA/s
Statement of \York
Net'work lvfonitorin-9, OnSite Infrastructure Response and Dispatch service
Ilotorola rvill provide Netrvork lvlonitoring, Dispatch Serr,'ice and OnSite Inlrastructure Response services to the
Custoruer. These services are applicable only tbr the follorving systenl tvpes: ASTRO,E;, ASTRO,O 25, ARC 4000,
SmartZone'O/OmniLink'D v2.0.i and higher. Smar-tNet,&, Private Data (rvith a wireless network gate\vay) v2.0.3 and
higher, and Harmony@ Wireless Communications Systenr. The terms of this Statement of Work (SOW) are an integral
part of the lvlotorola Service Terms and Conditions or other applicable Agreement(s) lvith the Customer to lvhich this
SO\l' is appended and rnade a part thereof by this reference.
I .0 Description of Services
Nerwork Nlonitoring is a service designed to electronically monitor Elements of a Communication System for Events. as
set forth in the Nlonitored Elements Table. When the Nlotorola System support Center (SSC) detects an Event, trained
technologists acknorvledge atrd remotely diagnose the Event and initiate an appropriate response per the customer
profile. Appropriate responses could include, but are not limited to. continuing to monitor the Event for further
development transferring the Event to Technical Support, or opening a Case for dispatch ofa Servicer. Ifdispatched, the
Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severiry Definitions
Table and Response times set forth in the On-Site Response Time Table in order to Restore the System.
Nlotorola will provide Case management as set forth herein, The SSC maintains contact with the on-site Servicer until' System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to
close through an automated Case tracking process.
2.0 IVlotorola Responsibilities:
2.1 Provide dedicated Connectiviry through a private network connection necessary for monitoring ASTRO
and ASTRO25, SmartZone/ Omnilink, Private Data, and Harmony Wireless Communications network
rypes.The Connectivity Matrix set forth in Appendix l, further describes the Connectivity options.2.2 If determined necessary by Motorola, provide lvlotorola owned equipment for monitoring ASTRO
andASTRO25Systemelements. [flvlotorolainstallsorreplacesNlotorolaownedequipment,the
lype equipment and location installed is listed in the lvlotorola Orvned & Supplied Equipment Table.2.3 [f determined necessary by Motorola, provide lvlotorola owned equipment for monitoring SmartNet
System elements. If Motorola installs or replaces Motorola orvned equipment, the type of equipment
and location installed is listed in the Motorola Owned & Supplied Equipment Table.
2.4 Verifu Connectiviry and Event monitoring prior to System Acceptance or Start Date.2.5 Continuously receive data from Customer monitored System and Customer initiated service requests.
2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.7 Create a Case as necessary when service requests are received. Gather information to perform the follorving:
2.7.1, Characterize the issue
2.7 ,2 Determine a plan of action
2.7.3 Assign and track the Case to resolution.
2.8 Dispatch a Servicer, as required, by lvlotorola standard procedures and provide necessary Case
information collected in section 2.7
2.9 Ensure the required personnel have access to Customer information as needed.2.10 Disable and enable System devices, as necessary, for Servicers.
2.ll Servicer rvill perform the following on-site:
2.1 L I Run diagnostics on the Irrfrastructure or FRU.
2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Serviceror lvlotorola may
provide Infrastructure or FRU,
2.1 l.i Provide rnaterials, tools, documentation. physical planning manuals, diagnostic/test equiprnent and
any other requirements necessary to perfornr the lvlaintenance service.2.ll..l If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
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2.12 Verifl rvith Custotner that Restolation is conrplete or System is functional, if required by
Custotner's repair Verification preference described in the Custonrer Support Plan required by section i.5.
lf Verification by Customercannot be completed within 20 minutes of Restoration. the Case will be closed
and the Servicer will be released.
2 l3 Escalate the Case to the appropriate party upon expiration ola Response tinre,
l.l1 Close the Case upon receiving notification fronr Custonrer or Servicer, indicating the Case is resolved.
2. I 5 Notifo Custorner o f, Case S tatus. as described in the Custonter S upporl Plan requ ired be section 3 ,5
at the follorving Case levels
l. I 5. I Open and closed; or
2.15.2 Open, assitned to the Servicer. arrival of the Servicer on site, deferred or delay'ed, closed.
2.16 Provide the follorving reports, as applicable:
2.16.1 Case activiry reports to Customer.
2.16.2 Nenvork Nlonitoring Service reports for Customer System(s).
2.16.3 Nenvork ActiviryiAvailabiliry Reports for ASTRO2S. SmanZonei Omnilink, and
Private Data Systems only.
?.17 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer
nranaged passrvords required lor proper access to the Customer's Systenl.
2.18 Apply additional supporl charges above and beyond the contracted service agreements that may apply if it
is deterrnined that System faults were caused by the Custorner making changes to critical Systern paralneters.
3.0 Custonrer Responsibilities:
3.1 Allow Vlotorola Continuous relnote access to obtain System availability and performance data.
3.2 Allow Vlotorola to access System if firervall has been installed; provide permanent/dedicated access for
SN)vtP traps (outbound) and ZDS polling (inbound). Also provide continuous utilify service to any
lvlotorola equipment installed or utilized at Customer's premises to support delivery of the Service.
3.3 Order and maintain dedicated dial-up phone lines for telephone service lor SIvIARTNET System fypes.
The Connectivity Matrix set lofth in Appendix l, further describes the Connectivity options.
i.4 Unless otherwise specified, Nlotorola recommends a private network connection for all other Systerns.
The Connectivity Nlatrix set forth in Appendix l, further describes the Connectivify options.
3.5 Provide lvlotorola with pre-defined Customer information and preferences prior to Start Date necessary
to complete Customer Support Plan.
3.5.1 Case notification preferences and procedure
3.5,2 Repair Verification Preference and procedure
3.5.3 Database and escalation procedure forms.
3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Nlanager.
3.6 Provide the following information rvhen initiating a service request:
3.6.1 Assigned System ID number
3.6.2 Problem desoiption and site location
3.6.2 Other pertinent information requested by Motorola to open a Case.
3.7 Notify the System Support Center lvhen Customer performs any activify that impacts the System. (Activity
that impacts the System may include, but is not limited to, installing software or hardware upgrades,
perfonning upgrades to the network, or taking down part olthe system to perform maintenance.)
i.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service
is not possible.
3.9 Allow Servicers access to remove lvlotorola owned nronitoring equipment upon cancellation olservice.
i.l0 Supply lnfrastructure or FRU, as applicable, in order for lvlotorola to Restore the System as set forth
in paragraph 2.12.2
i ll Maintain and store in an easy accessible location any and all Softrvare needed to Restore the Systenr.
i ll Maintainandstore in an easily accessible location properSystem backups.
-.1 li VerifurviththeSSCthatRestorationiscompleteorSystemislunctional,ifrequiredbytheRepair
Verification Preference provided by Custonrer in accordance rvith section 3.5.
i.t-l Pay additional support charges above and beyond the contracted service agreements that may apply if it
is determined that Systenr faults'"vere caused by the Custonrer making changes to critical System paralreters
i l5 Cooperate with Motorola and perform all acts that are reasonable or necessaly to enable Motorola to
provide the services described in this SOW.
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Severitv Level Problem Types
Severitv I l. Response is provided Continuously
2. llajor System lailule
l. ilc; of System down
-1. ilqi, of Site channels dorvn
-s. Site Environnient alanns (smoke, access. temp. AC power) as deternrined by the SSC.
6. This level is nleant to represerlt a nrajor issue that results in an unusable system,
sub-system. Product. or critical features from the Custonrer's perspective. No
Work-around or imnrediate solution is available.
Severity 2 l. Response during Standard Business Day
2. Significant Systern Impairment not to exceed 33% of systern dorvn
3, Systern problems presently being monitored
4. This level is I.lleant to represent a moderate issue that limits a Customer's normal use
of the systenr, sub-system. product, or major non-critical leatures from a
Customer's perspective
Severitv 3 l Response during Standard Business Day
2. Intermittent system issues
3. Information questions
4. Upgrades/preventative maintenance
5. This level is meant to represent a minor issue that does not preclude use of the
system, sub-system, product, or critical features from a Customer's perspective. [t
may also represent a cosnretic issue, including documentation errors, general
usage questions, recommendations for product enhancements or modifications,
and scheduled events such as preventative maintenance or product/system upgrades.
Severitl, Definitions Table
' Please note these are Standard Comrnitment times. The commitment tirues should be ba
the Custorners Support Plan.. Ptovide update before the specific contractual commitments come due.
* Note: Provide update to Systern Supporl Center before Deferral time comes due.
Appendix I
On-Site Response Time Table (Customer's Response Time Classification is designated in the Service
A
Severity Level Premier
Response Time
Restoral Off Deferral
Severity I Within 2 hours from receipt of Notification
Continuously
8 Hours Time provided
by Servicer *
Severity 2 Within 4 hours frorn receipt of Notification
Standard Business Day
8 Hours Time provided
by Servicer *
Severity 3 Within 24 hours frorn receipt of Notification
Standard Business Day
48 Hours Time provided
by Servicer *
onnectivit rtr
System Type Connectivity Responsibility
Astro 25 TI Motorola
SmartZone/OmniLink v3.5 and below 256K Motorola
SmartZoneiOmniLink v4 and above 5l2K Motorola
Private Data 256K iVlotorola
ARC 4OOO Tl or VPN Motorola
N,IESH Il or VPN lvlotorola
Harmonv TI Motorola
10
52
i\ [otoBridee Tl or VPN Nlotorola
SnrartNet Dial-up Custonrer
Private Netrvork Connection
IP VPN
(.:\,ll Customers)
Public Internet Connection
IP VPN
(Option Available only to Customers outside of
the US)
Standard solution for real tirne Connectivirv Non Standard solution for Connectivitv
Dedicated bandwidth configuration provided to
nronitor Custonrers
No dedicated bandwidth provided to ntonitor
Customers
Protected lront unauthorized intrusion Lorv risk of unauthorized intrusion
Encrvption available Encryption is required
Connectivity available through Nlotorola Customer provides Connectiviry to the intenret via
an internet service provider selected by Custorrer.
otorola Orvned & Suoolied Eoui tT le
Equipment Type Location Installed
Firewall/Router Nlaster Site
System Support Server Master Site for each Zone
Nlonitored Elements Table (Listed by technology)
53
0 ," ToRoLA soLurolvs
Staternent of lYork
Infrastructure Repair lvith Advanced Replacement
I .0 Description of Services
lnlrastructure Repair is a repair service for Nlotorola and select third parr,v [nfiastructure as set forth in the
applicable attached Exhibit(s), all of rvhich are hereby incorporared inro this Statement of Work (SOW) by this
reference. Cttstomer's Systenr ty'pe deternrines which exhibit is applicable (i.e. SmartZone sysrenl exhibit, SmartNet
s)stem exhibit). Itrfrastructure nray be repaired do."vr"r to the Component level, as applicable, at the lvlotorola
Infrastructure Depot Operations (lDO). At ry'lotorola's discretion, select third partv Inlrastructure may be sent to the
original equipnrent nrarrufacturer or third parw vendor for repair. Il InlrastructLrre is no longer supporled by the
original equipment manttfacturer or third par1,v vendor, [[otorola may replace Infrastructure lvith similar
Infrastructure, rvhen possible.
When available, lVlotorola rvill provide Custourer r.vith an Advanced Replacenrent unit(s) or FRU(s) in exchange lor
Cttstomer's malltrnctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain
third parry Infrastructure are excluded from Advanced Replacement service. lvlalfunctioning FRU (s) will be
evaluated and repaired by IDO and retumed to IDO FRU inventory upon completion of repair. In cases where
Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU
may be available on a Loaner basis.
The terms and conditions of this SOW are an integral part of lvlotorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 rv-lotorola has the follorving responsibilities:
2.1 Use commercially reasonable efforts to maintain an inventory of FRU.2.2 Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availabiliry. TheFRUwillbeofsimilarkitandversion,and,'vill containlikeboardsandchips,as
the Customer's malfunctioning Infrastructure.2.3 Program FRU to original operating parameters based on templates provided by Customer as required
in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default
ternplate will be used.
2.4 Properly package and ship Advanced Replacement FRU from lDO's FRU inventory to Customer
specified address.
2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST,
excluding holidays, FRU will be sent next day air via Federal Express Prioriry Overnight or
UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless
Customer requests shipments outside of the above mentioned standard business hours and/
or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject
to shipping and handling charges.2.4.2 When sending the Advanced Replacement FRU to Customer, provide a return air bill in order
for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning
FRU will become properry of IDO and the Customer will own the Advanced
replacement FRU.
2.4.3 When sending a Loaner FRU to Customer, IDO will not provide a return air bill for
the rnalfunctioning [nfrastructure. The Customer is responsible to arrange and pay for shipping
the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's
Infrastructure and will provide a retunl air bill for the customer to retum IDO's Loaner FRU.2.5 Provide repair return authorization nunrber upon Customer request f,or Infrastructure that is not classified
2.6
2.7
as an Advanced Replacement or Loaner FRU.
Receive malfunctionirrg Infrastructure frorn Custonrer and docurnent its arrival, repair and retum.
Perform the following service on Vlotorola Inlrastructure:2.7.1 Perfornt an operational check on the Infrastructure to determine the nature of the problem2.7.2 Replace rnallunctioning FRU or Components.
54
i.0
2.7.3 Veritl'tirat Nlotorola Illfrastructure is returned to Nlotorola rnanufactured specifications,
as applicable
2.7.4 Per{orrn a Box Unit Test on all serviced Infi.astructure.2.7.5 Perform a Systern Test on select Illfrastructure.2.8 Provide the follorvirrg service on select third parry Infrasrructure:
2.8. I Perforrn pre-diagnostic and repair services to confirm Inlrastructure malfunction and
elinrinate sending Illfrastructure rvith no trouble lound (NTF) to third party vendor for repair.
rvhen applicable.
1.8.1 Ship rnalfunctioning Infrastructure to the original equipurent manufacturer or third partv vendor
for repair service, ivhen applicable.
2.8.i Track Infrastructure sellt to the original equipment rnanulacturer or third part-v vendor
f,or service.
I 8.-l Perform a post-test after repair by lvlotorola, original equipment manufacturer, or third
partv vendor to confirnr malfunctioning Infrastructure has been repaired and functions
properly in a lvlotorola System configuration. rvhen applicable.2.9 Re-progrant repaired lnfrastructure to original operating paranlerers based on templates provided by
Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable,
a standard delault template will be used. If IDO deternrines that the malfunctioning Infrastructure is due to
a Softrvare defect, IDO reseryes tlre right to reload Infrastructure rvith a similar Sof,trvare
version. Enhancement Release(s), if needed. ale subjectto additional charges to be paid by Custon.rer
unless the Custorner has a lvlotorola Software Subscription agreenrent.2.10 Properly package repaired [nlrastructure unless Custorner's malfunctioning FRU was exchanged rvith
an IDO FRU. Nlotorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair.2.ll Ship repaired Infrastructure to the Custorner specified address during normal operating hours set forth
in2.1.1. FRU wilt be sent hvo-day air unless othenvise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or
carrierprograms,suchasMO(nextflightout). Insuchcases,Customerwill besubjecttoshipping
and handling charges.
Custorner has the following responsibilities:
3.1 Contact or instruct Servicer to contact the iVlotorola System support Center (SSC) and request an
Advanced Replacement. or Loaner FRU and a retum authorization number (necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
lnfrastructure named in the applicable attached Exhibit.3.1.1 Provide model description, model number, serial number, fype of System and Firmware
version, symptom of problem and address of site location for FRU or Infrastructure.
3.1 .2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected
to physical damage or lightning damage.3.1.3 Follorv lVlotorola instructions regarding inclusion or removal of Firmware and
Software applications frorn Infrastructure being sent in for service.
3.1 .4 Provide Customer purchase order number to secure payment for any costs described herein.3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Custorner requested shipping
outside ofstandard business hours or carrier prograrns set forth in section 2.4.1.3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory,
properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to
IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in
2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will
be subject to a replacetnent fee for nralfunctioning Infrastructure not properly returned. For
lnfrastructure and/or third party Inlrastlucture repairs that are not exchanged in advance, properly
package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to
Motorola. Customer is responsible for properly packaging the Customer malfunctioning [nflrastructure FRU
to ensure that the shipped Infrastructure arrives un-darnaged and in repairable condition. Clearly print
the return autl.rorization nurnber on the outside of ttre packaging.i.'l If received. Customer must properly package and ship Loaner FRU back to IDO,.vithin five (5)
days olreceipt of Customer's Lepaired FRU,
1.5 ivlaintain templates of Software/applications and F-irmware fbr reloading of Ltfrastructure as set
forth in paragraph 2.3 and 2.9.
3 6 For Digitat In-Car Video Infrastructure, remove video from equiprnent prior to sending Infrastructure in
55
for repair. Video retrieval is a separate service and is not included as part olthis SOW. Additional
services and fee applies.
3.7 Cooperate rvith iVlotorola and perform all acts that are reasonable or necessary to enable Nlotorola
to provide the Infrastructure Repair rvith Advanced Replacement services to Customer.10 [n additiorr to any exclusiotrs uarrred in Section 5 of the Service Terms and Conditions or in any
other underlying Agreement to which this SOW is altuched, the follorving items are excluded fi'om
Iufi'astructure Repair rvith Advanced Replacernent:
l. .A.ll Intirstructure over seven (7) years from product cancellation date.2. All Broadband,'WiNS Infrastructure three (3) years lrour product cancellation date.i. Physicallydamagedlnflrastructure.
l. Third paqv Equipment not shipped by lvlotorola.
5. Consumable items including, but not limited to batteries, connectors. cables. tone/ink cartridges.6. Video retrieval lrorn Digital In-Car Video equipment
7. Test equipnrent.
8. Racks. furniture and cabinets.
9. Firmrvare andior Softr.vare upgrades.
SmartZone System Infrastructure
Exhibit
Inclusions, Exclusions, Exceptions and Notes
Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers,
combiners, tower top pre-amplifiers, antennas, cables, towers, tower
lighting, and transmission lines.
Base Station(s) and Repeater(s)lncludes: Quantar, Quantro, Digital, MTR2000 ONLY.
Central Electronics Bank(s)Includes Logging Recorder, Interface and Netrvork Hub
Excludes all other technologies
see SOW specificallv for MCE loseine recorders
Channel Bank(s)Includes Premisys and Telco
Excludes Siemens
Comparator(s)lncludes Spectratac. Dieitac. and ASTRO-tac ComDarators
Computer(s)Includes computers (Pentium I. II, III, IV) that directly interface rvith or
control the comrnunications System, including Systemwatch [I,
keyboards, mice and trackballs.
Excludes laptop computers and all 286, 386, 486 computers, defective or
phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel
display imaee retention.
Console(s)Includes Centracom Gold Elite, MCC7500, VICC5500, MIP5000 as part
olconrplete conrmuuication Systerl including headset jacks, dual
lootswitches, and gooseneck microphones.
Excludes cables
Controller(s ) -Trunking Includes SnrartNet II prime and remote controllers.
Excludes SSivlT and SClvlS controllers.
56
Dictaphones, Logging Recorders and
Recording Equipnrent
Excludes all technologies
see SO\\' specit'ically tbr NICE loeeine recorders
Di':ital Interface Unit(s )Included
Dieital S i.snalins lvlodem(s )Included upon nrodenr nrodel availabilih
Dieital Voice Nlodern(s)lncluded upon nroderrr rrrodel arailabilitl
Enrb;rss1' Svr itch Includes AEB, AI\ll. ZAlvlBI. Ai\tB
\ [anagenrent Term inals Includes conlputers (Pentium l, II, III, iV) that directly interthce rvith or
control the conrnrunications Systellr. including Systemwatch ll.
Excludes laptop computers and all 286, i86. -186 colnputers.
\IBEX(s ) or NOVA Interconnect Included
Nlicrorvave Equipment.Excluded from service agreenlent but may be repaired on an above
contract, time and material basis. All Equipment must be shipped to
IDO.
Excludes any on-site services.
Ntonitor(s )Includes all Nlotorola certified monitors connected to computers that
directly interface rvith or control the courmunications Systenl.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and
bumed-in flat panel displays image retention as well as monitors that
lvere llot shipped by Nlotorola andr'or cannot be confinned by a lvlotorola
factor"r order number.
lvloscad lncludes Mlvl (Netrvork Fault lvlanagement), as part of communication
System only. Standalone MOSCAD and Systern Control and Data
Acquisition (SCADA) must be quoted separately. Includes FSA4000.
Excludes all other fire alarming systems.
lvlotobridee lncluded
Network Fault w-lanagement Includes Full Vision
Excludes NMC
Printer(s )Includes Drinters that directlv interface with the communications System.
RAS(s)Excludes RAS I 100, I 101 and I 102
Receiver(s )Includes Quantar and IvlTR2000, ASTRO-TAC Receivers
S imulcast Distribution Arnplifi er(s )Included
Site Frequency Standard(s)Includes Rubidium, GPS and Netclocks systems sold with the lVlotorola
System.
Excludes NIFS -Rubidium Standard Network Tirne and Frequency
devices
Universal S irnulcast Controller
lnterface(s)
Included
UPS Svstems.Excluded from service agreements but may be repaired on an above
contract, time and material basis, All UPS Systems must be shipped to
IDO for repair.
Excludes batteries and any on-site services.
Zone lvlanager Excludes HP715/3i, HP 715150 servers.
Excludes x-terminals NDS l4C and NDS l7C
Zone Controller(s)Includes console tenninals.
Excludes all Sun/lMP hard drives except TLN3495A 0820 I GB drive as
rvell as the lollowing SLIN/IivlP CPUSET's: TLN3278B 0406,
TLN]343A 0424 and TLN3278A 0l8l/0389.
Approved by Contract and Compliance 11120109
57
S *"ro'or A soLUrtoNS
Statement of \York
Technical Support Overvierv
i\lotorolas Technical Support serv'ice provides telephone consultation lor technical issues that require a high level ol
ASTRO netrvork expertise and troubleshooting capabilities. Remote Technical Support is delivered through the lvlotorola
S.vstem Suppor-t Center (SSC) by a staff of technical support specialists skilled in diagnosis and swift resolution of
infrastructure performance and operational issues. Technical Support provides access to a solutions database, as rvell as
access to in house test labs and additional lvlotorola technical resources
lvlotorola applies industry best practices in recording, nronitoring. escalating and reporting for Technical Support calls fronr
its contracted custonlers, reflecting the imporlance of maintaining rnission critical systems.
The terurs and conditions of this Statement of Work (SO\,V) are an integral part of Ntotorola's Service Agreement or other
applicable agreement to rvhich it is amached and nrade a part thereof by this relerence.
1.0 Description of Technical Support Services
Nlotorolas System Supporl Center (SSC) will provide technical support to assist the customers technica[ resources of the
lvlotorolas currently supponed infrastructure. This team of highly skilled professionals is available to the customer as an
integrated part ofthe suppoft and technical issue resolution process. The SSC remotely supports the customer and works
with but not limited to fault diagnostics tools, simulation networks and fault database search engines.
Tlre Technical Support Operations is available 24 hours a day;7 days per'"veek to support technical requests (see severir.v-
level response time commitments). Calls requiring incidents, problems, or service requests will be logged in Motorolas
issue management system. This ensures that technical issues are prioritized, updated, tracked and escalated as necessary,
until resolution. The Technical Support Operations shall assign the priority level as in accordance with the agreed Severit]z
LeveI Definitions stated in this document.
lvlotorola will track the progress of each case lrom initial logging to resolution. lvlotorola will ensure that the customer is
advised of the case progress and informed of tasks that require further investigation and assistance lrom tl're customers
technical resources
The provision of this service requires that the customer provides a suitably trained technical resource that delivers
maintenance and supporl to the system, and who is familiar with the operation of that system. Motorola provides technical
consultants to support the local resource in the timely closure ofinfrastructure, perfonnance and operational issues.
1.1 Scope
Technical Support service is available 24 lrours aday,7 days a rveek based on Severit], Level Definitions.
1.2 Geographic Availability
Technical Support is available to any custolnerregardless of theirgeographic location and timeframes are based on the
customer's local time zone.
1.3 Inclusions
Technical Support service will be delivered on i\Iotorola sold infrastructure including integrated 3,d purry products.
1.4 Limitations and Exclusions
The following activities are outside the scope of the Technical Support service, but are optional services that are available
to rernote Technical Support customers at an additional cost:
1.4.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC
rvorking remotely lvith the local custonler technical resource,1..1.2 Third parly support for equipnrent not sold by iVlotorola as parl of the original syster11.
I 4.1 Systent installations, upgrades. and expansions.
lt4.4 Custonter training.
1.4.5 Hardware repair and/or exchange.
lo
58
Netlvork sec urit)- services.
Netrvork trallsport.
Information Assurance.
Nlotorola services not included in this statement of rvork.
Any technical supporl required as a result ola virus or unrvanted intrusion is excluded if the systenr is
not protected agaittst these securiry threats by \lotorolas Pre-tested Securiry" Update Service when
applicable.
has the follorving responsibilities:
Enable customer access to the Nlotorola Technical Support Center (800-2ll-7 lll),21 hours aday.7
days per lveek, to answer, document and respond to requests for support.
Respond to requests lor Technical Support in accordance with the respouse times set forth in the
Severit-v Level Response Tinre Conrnritrrrents section of this docun.rent and the severiry level defined
in the Sererity Level Definitions section of this document.
Advise caller of procedure for deternrinillg anv additional requirements, activities or information
relating to issue restoration and/or characterization.
iVlaintain courmunication with the custonler in the field as needed until resolution of the case
Coordinate technical resolutions with agreed upon third party vendors, as needed.
Escalate and manage support issues, including systernic issues, to additional v'lotorola technical
resources, as applicable.
Escalate the case to the appropriate party upon expiration of a response time.
Determine, in its sole discretion, when a case requires more than the Technical Support services
described in this SOW and notifu custolner of an altemative course of action.
1.6 The Customer has the follorving responsibilities:
Provide Motorola with pre-defined infonnation prior to contract start date necessary to complete
Custorner Support Plan (CSP).
Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer
Support lvlanager (C SVI).
Contact the SSC in order to engage the Technical Support service, providing the necessary
informationforproperentitlementservices. Includingbutnotlimitedtothenameofcontact,nameof
customer, system ID number, site(s) in question, and brief description of the problem including
pertinent infonnation for initial issue characterization.
Maintain suitable trained technical resources that provide field maintenance and technical
maintenance services to the system, and who are farniliar lvith the operation of that system.
Provide SSC access via the remote connection that has been established through other sold services
(e.g. Network Fault Monitoring)
Supply suitably skilled and trained on-site presence when requested by the SSC.
Validate issue resolution prior to close of the case in a timely manner.
Acknowledge that cases will be handled in accordance with the tirnes and priorities as defined in the
Severitv Level Definitions and in the Severity Level Response Time Conrmitments section in this
document.
Cooperate with N{otorola and perform all acts that are reasonable or necessary to enable lv{otorola to
provide the Technical Support service.
1.7 Severity Level Definitions
The following severity level definitions will be used to determine the maximurn response tirnes:
I .1.6
ll4.7
L.1.8
t..1.9
t.+ l0
1.5 Ilotorola
I 5.1
1.5.1
r.5 i
t.5.4
I .5.5
1.5.6
t.5.7
1.5.8
1.6.I
t.6.2
1.6.3
1.6.4
r.6.5
t,6,6
t.6.7
1.6.8
r.6.9
59
Severity
Level
Severiry I
Severitv 2
Severity 3
Severity 4
2.1 Severity Level Response Time Commitments
The response times are based on the defined severity levels as follou's:
Severity Level i Response Time
---.***---_"1
A Motorola SSC Technician will make contact with the customer technical
! representative within one hour of the request for support being logged in the
i issue management system. Continual effort will be maintained to restore the
Severity Definition
This is defined as a failure that causes the sy'stem and/or infrastructure a loss of voice
functionalify and no work-around or irnmediate solution is available.
The follorving are examples of this kind of failure:
c 33Yo of call processing resources impaired
. Site Environment alarnrs:
o Smoke,
o Unauthorized access
o Temperature
o Power failure
This is def'rned as a fault that causes the system to operate rvith a continuous reduction in
capacity or functionality of core services (core services include. voice, data or network
management).
The follorving are exautples of this kind of failure:
Less than 33o/o of call processing resources impaired
Failure of a single redundant comDonenl
This is defined as a fault which reduces the functionality, efficiency or usability of core
services (voice, data and network management) and there is a viable work-around in
place.
The following are examples of this kind of severity:
. Intermittent faults that are infrequent and minor impact to core services
o Statistical reportins problems
This is defined as a minor issue, which has little or no impact on the functionalify,
efficiency or usabiliry of core services. The following are eKamples of this kind of
severity:
o Faults resulting in minor functions or features being unsupported or
unreliable in ways that are not noticeable to the user.
. Faults that have no impact in hor,v the user perceives the systern to work.
. Cosmetic issues.
o Requests for information.
o PreventiveMaintenance
Severity I
18
60
Severitv 2
j system or provide a workaround resolution. Response provided 24 x7.
A N{otorola SSC Technician ,'vill nrake contact rvith the custolner technical
representative rvithin four hours of the request for support being logged at tlie
issue managelllent system. Response provided 8 x 5 on standard business days.
rvhich is nornrally Vlonday through Fridar' 8All to SPlvl. excluding US
Holida,vs.
Severity 3 A lvlotorola SSC Technician will make contact rvith the clrstomer technical
representative within the rrext business day of the request tbr support being
logged at the issue nlanagement system. Response provided 8 x 5 on standard
business days, rvhich is normally lv{onday through Friday SAVI to 5Plvl,
excluding US Holidays.
j A Nlotorola SSC Techuician ivill rnake contact rvith the cLlstonler technical
j representative rvithin the next business day of the recluest for supporl being
I l^-^^l ^r rl-^ l-^..^ D-----,-- , --- :r-l o ,- a --- -L---J---I logged at the issue management system. Response provided 8 x 5 on standard
i business days, which is normally lv{onday through Friday 8AVI to SPlvl.
I excludinL _9S Holidays. _-....." *
I
I
{
,
I
I
I
{I
I
I
t
i
I
I
I
I
t
I
i
1
Severity 4
61
0 *"ro*or A saLUnoNS
Statement of \York
Netr.vork Preventative Maintenance
I 0 Description of Service
Netrvork Prev'entative Nlaintenance will provide an operational test and alignment, on the Custonler's
Infrastructure Equipment (infrastructure or fixed nebvork equipment only) to ensure the Iulrastructure llleets
original manufacturer's specitications. as set forth in the applicable attached Exhibit(s), all of rvhich are
hereby incorporated by this reference. Customer's System type detenuines which Exhibit is applicable (i.e.
SmartZone system exhibit, SmartNet systellr exhibit). Netlvork Preventative Nlaintenance rvill be perfonned
during Standard Business Days. If the System or Custonrer requirements dictate this service nlust occur outside
of Standard Business Days. Nlotorola rvill provide an additional quotation. Custorner is responsible for any
charges associated rvith helicopter or other unusual access requirements or expenses.
The terms and conditions of this SOW are an integral part of lvlotorola's Service Terms and Conditions or
other applicable agreement to which it is attached and made a part thereof by this reference.
2.0 N{otorola has the follorving responsibilities:
2.1 Notifu the Customer of any possible Systern downtime needed to perform this service.
2.2 Physically inspect the Infrastructure Equipment in the system (equipment cabinets, general circuitry,
fault indicators, cables, and connections).
2.3 Remove any dust, and/or foreign substances frorn the Infrastructure.
2.4 Clean filters, if applicable.
2.5 Measure, record, align, adjust the Infrastructure Equipment parameters in accordance with the
manufacturer's service manuals and the Rules and Regulations of the Federal Comrnunications
Commission (FCC), where applicable.
3.0 Customer has the following responsibilities:
3.1 Provide preferred schedule forNerwork Preventative lvlaintenance to Motorola.
3.2 Authorize and acknowledge any scheduled System dorvntime.
3.3 Maintain periodic backup of databases, Software applications and Firmware.
3.4 Establish and maintain a suitable environment (heat, light, and power) for the Equiprnent location and
provide the Servicer full, [ree, and safe access to the Equipment so that the Servicer may provide services.
AlI sites shall be accessible by standard service vehicles.
3.5 Cooperate with lvlotorola and perfonn all acts that are reasonable or necessary to enable Motorola to provide
the Network Preventative Maintenance services to Customer.
SmartZone -Network Preventative tVlaintenance Checklist
20
62
Sma TtZONE Infrastructu re Operational Check (rvhere applicable)
Repeater(s). Control Station(s)Transnritter modulation
RF oorver outpr,rtlrefl ected
RF Frequency Nleasured,ladiusted
Receiver Sensitivity NleasuredlAdjusted
Porver Suoolv voltases
Audio Input & Output Level
Check Lorv Speed Drta
Combiners & Circulator Loss
Receiver Desense (Full Duplex Only)
Consoles Positions,/Remotes Audio Inout & Outout Level
Ethernet Operation
CEB Porver Supplv Voltaee. and AC Riople
Srvitches. Liehts. CRT
CEB Si_enal Levels
Wirine and Grounding for each Position
CEB Diaenostics
Check and Clean kevboards. CPU. CRT's
Central Controllers. DIGITAC Comparators Central Controller and Po."ver Supplies
T Bar Srvitched
Simulcast Controller
Sirnulcast Remote Controller
Distribution Amp
DICITAC Comparator
Receiver Multi-Couplers and Tower Mounted
Amplifier
Check for receiver to Comoarator audio oath.
Check for proper audio to Status Tone ratio
Confinn that all Receiver RX Notch Filters are
either [N or OUT
GPS Roll to Redundant Receive Reference lvlodule
Check Freouencv Standards
Check Power Supply Voltages
Site Equipment Audio Network Analvzer
Baseline Database Server
System Manager Terminal
Site Test/System Calibration Equiprnent
Power
UPS
Generator
AC to DC Power Unit (RF equiprnent)
All Equipment
Check Diaenostics/AIarms
AC/DC Voltases/Batteries
Switch-Over Operations
Srvitch to Generator Porver
Switch to Baffery Power
Check Diagnostics/Alarms
Other Equipment Check all systenl Drinters
Check all modems for proper levels &
synchron ization
lvlBX/Other telco interface common eouioment
Ap;sroved b), N1,,,oro,r, Conlruct.s & Cornpliunce, l/28/08
63
Exhibit C
Maintenance Agreement
Maintenance Agreement. City of Miami Beach 1
Motorola Contract No.' 02-1 99333
64
4.6. After the 10 year serviceability period, if Equipment cannot, in Motorola's opinion, be properly or
economically serviced for any reason including excessive wear, unavailability of parts, the state of
technology, or practical infeasibility, Motorola may modify the scope of Services related to such Equipment;
or increale the price to Service such Equipment or remove such Equipment from the Agreement. Where
Equipment is removed from the Agreement under this provision, Motorola will use reasonable commercially
available means to repair such Equipment on a Time and Materials basis.
4.1. Custorner must prompUy notify Motorola directly of any Equipment failure. Motorola will respond to
Custorner's notification in a manner consistent with the level of Service purchased as indicated in this
Agreement.
Section 5 EXCLUDED SERVICES
Service excludes the repair or replacernent of Equipment that has become defective or damaged from use in
other than the normal, customary, intended, and authorized manner; use not in compliance with applicable
industry standards; or accident, foreign liquids, power surges, neglect, acts of God or other force majeure
events.
Unless specifically included in this Agreement, Service excludes items that are consumed in the normal
operation of the Equipment, such as batteries, magnetic tapes, etc.; upgrading Equipment; accessories, belt
ciips, battery chargers, custom or special products, modifled units, or software; and repair or maintenance of
any transmission [ne, antenna, tower or tower lighting, duplexer, or combiner. Motorola has no obligations
foi any transmission medium, such as telephone lines, computer networks, the internet or the worldwide
web, or for Equiprnent malfunction caused by such lransrnission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with
adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability
from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide
all information pertaining to the hardware and software elements of any system with which the Equipment is
interfacing so that Motorola may perform its Services. The hours of subscriber Service will be 8:30 a.m. to
5:30 p.m., local time, excluding weekends and holidays. lnfrastructure emergency support will be provided
24 hours a day, Tdays a week, including holidays. A technician will be on site or working on City equipment
from 8:30 a.m. to 530 p.m. local time, excluding weekends and holidays. Unless otherwise stated in this
Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other
unusual access iequirements; if these charges or expenses are reasonably incurred by Motorola in rendering
the Services, Customer agrees to reimburse Motorola for such charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will
be available twentyJour (24) hours per diy, seven (7) days per week, and an escalation procedure to enable
Customer's personnel to maintain contact, as needed, with Motorola.
Section E PAYMENT
Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in
advance for each payment period. All other charges will be billed monthly, and Customer must pay each
invoice in U.S. dollars within forty-flve (45) days of lhe invoice date. Customer agrees to reimburse Motorola
for all property taxes, excise taies, and other taxes or assessments levied as a result of Services rendered
under ihis Agieernent (except income, profit, and franchise taxes of Motorola) by any governmental entity.
Maintenance Agreemenl City of Miami Beach
Motorola Contract No.- 02-199333
65
13.2. Unless otherwise agreed in writing, no business or technical information disclosed in any manner or
at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation
to provide its confidential and proprietary information, including cost and pricing data, to Customer.
13 3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right
or license under any Motorola patent, copyright, trade secret, or other intellectual property including any
intellectual property created as a result of or related to the Equipment sold or Services performed under this
Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal
Communications Commission or any other federal, state, or local government agency and for complying with
all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or
representative of Customer in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not
solicithr hire and engage on contract any employee of Motorola or its subcontractors. This provision applies
only to those employeei of Motorola or its subcontractors who are responsible for rendering services under
thii Agreement. lf ihis provision is found to be overly broad under applicable law, it shall be modified as
necessary to conform to such law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equiprnent, dies, gauges, models, drawings (excluding as built documentation, drawings and
records pertaining to this Agreement) or other materials paid for or furnished by Motorola for the purpose of
this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property
while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to
Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may
be removed from Custome/s premises by Motorola at any time without restriction.
Section 17 GENERAL TERMS
jl.l. lf any court renders any portion of this Agreement unenforceable, the remalning terms will continue
in fullforce and effect.
17,2. This Agreement and the rights and duties of the parties will be govemed and interpreted in
accordance with the laws of the State of Florida.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
,fl.4. Neither party is liable for delays or lack of performance resulting from any causes such as sbikes,
material shortages, or acts of God that are beyond that party's reasonable control.
11.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance,
under this Agreement.
17.6. THIS AGREEMENT WILL BECOME EFFECTIVE FOLLOWING EXPIRATION OF THE
APPLICABLE WARRANW PERIOD IN THE COMMUNICATIONS SYSTEM AGREEMENT AND
TERMINATE AFTER THE EXPIRATION OF gTH SERVICE YEAR. THEREAFTER THIS CONTRACT MAY
BE RENEWED BY MUTUAL AGREEMENT BY THE PARTIES, FOR AN ADDITIONAL ONE (1) YEAR
TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS ONE PARTY NOTIFIES THE OTHER
IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30)
Maintenance Agreement. City of Miami Beach
Motorola Contract No.- 02-199333
66
Clerk's Office Tracki
Q 2016-073-KB CMR
COMMISSION ITEM SUMMARY
-2016-073-KB - CMR
AGENOA ITETd
DAYT
Summary.doc
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH,
FLORIDA AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PURCHASING," By CREATING ARTTGLE !ll, TO BE ENT|TLED "LOCAL
WORKFORGE PARTICIPATION PROGRAM FOR CITY CONSTRUCTION CONTRAGTS,'' TO
ESTABLISH WORKFORCE PARTICIPATION GOALS AND REPORTING REQUIREMENTS FOR
CITY CONSTRUCTION CONTRACTS IN EXCESS OF $l,OOO,OOO FOR THE CONSTRUCTION,
DEMOLITION, ALTERATION AND/OR REPAIR OF CITY BUILDINGS, CITY PUBLIC WORKS,
AND BUILDINGS OR IMPROVEMENTS LOGATED ON CITY-OWNED LAND; PROVIDING FOR
SEVERABILITY, GODIFICA AND AN EFFECTIVE DATE.
lntended Outcome
Data Environmental Scan. etc:
Item Summary/Recommendation :
Pursuant to a request received from Commissioner Steinberg, the Administration and the City
Attorney's Office have drafted an ordinance establishing a LocalWorkforce Participation Program
for City Construction Contracts. The ordinance establishes a goal of 30% local workforce for City
construction contracts in excess $1,000,000. Local is defined as Miami-Dade County. Although
there is no specific goal for City residents, contractors are encouraged to promote recruitment for
City of Miami Beach residents. The ordinance requires contractors to submit reports documenting
the residency of project workers and efforts in recruiting both City of Miami Beach and County
residents for the project.
The attached memorandum provides additional details.
Financial lnformation :
Source
of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: The ordinance requires monitoring of contractor compliance and
collection of workforce participation data with respect to reporting requirements established in the
ordinance. ln lieu of a staffing request, if adopted, the Administration is proposing to utilize one of
several contractor compliance software packages utilized by local, state and federal agencies.
Fundinq for the software licenses will be included in the budget for fiscal vear 2017.
Office, Alex Denis
# MIAMISTACH 67
MIAMIBEACH
City of Miqmi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33.l39,
www.miomibeochfl.gov
C SSION MEMORANDUM
TO:Mayor Philip Levine and Members of tfie City ton
FROM: Jimmy L. Morales, City Manager
DATE: July 13,2016
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA AMENDING CHAPTER 3{ OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PURCHASING,'' BY CREATING ARTICLE III, TO
BE ENTITLED "LOCAL WORKFORGE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS," TO ESTABLISH WORKFORCE
PARTICIPATION GOALS AND REPORTING REQUIREMENTS FOR CITY
CONSTRUCTION CONTRACTS IN EXCESS OF $l,OOO,OOO FOR THE
CONSTRUCTION, DEMOLITION, ALTERATION AND/OR REPAIR OF CITY
BUILDINGS, CITY PUBLIC WORKS, AND BUILDINGS OR IMPROVEMENTS
LOCATED ON CITY-OWNED LAND; PROVIDING FOR REPEALER,
SEVERAB!LITY, CODIFICATION, AND AN EFFECTIVE DATE.
FISCAL IMPACT
The ordinance requires monitoring of contractor compliance and collection of workforce
participation data with respect to reporting requirements established in the ordinance. ln lieu
of a staffing request, if adopted, the Administration is proposing to utilize one of several
contractor compliance software packages utilized by local, state and federal agencies.
Funding for the software licenses will be included in the budget for fiscal year 2017.
BACKGROUND
Pursuant to a request received from Commissioner Steinberg, the Administration and the City
Attorney's Office have drafted an ordinance establishing a Local Workforce Participation
Program for City Construction Contracts. The ordinance establishes a goal of 30% local
workforce for City construction contracts in excess $1,000,000. Local is defined as Miami-
Dade County. Although there is no specific goal for City residents, contractors are encouraged
to promote recruitment for City of Miami Beach residents. The ordinance requires contractors
to submit reports documenting the residency of project workers and efforts in recruiting both
City of Miami Beach and County residents for the project.
Local hire ordinances are laws passed by counties and municipalities to promote the hiring of
residents from the applicable area by contractors awarded public projects. As a background to
this ordinance, Matthew Land, of the Southeast Laborers' District Council, has provided the
following informational bullets.
68
Local Workforce Participation Ordinance
July 13,2016
Page2
1. Why Do Municipalities Pass Local Hire Policies?
ln its most simple form, local governments see the need to address high levels of
unemployment throughout their city, county or municipality by passing local hire
initiatives. By requiring that contractors aspire to or mandate that they give the first
shot at jobs on taxpayer funded infrastructure projects, this is a way to address
unemployment levels as well as provide for a career for those that are
unemployed.
When taxpayer funds are used, government bodies feel that those jobs should first
go to the taxpayers themselves while discouraging contractors from being in out-of-
state or out of the country crews of workers to complete those projects, which
sometimes can be at lower levels of pay than what the market in their community
dictates.Local governments know what is best for their community and feel that
they can best address those needs through local hire, training and wage
ordinances for the construction industry on those projects that are funded with
taxpayer dollars.
Additionally, when local hire initiatives are successful and local people are put to
work, they put their earnings back into the community.
Some of the Municipalities in Miami-Dade County and in Florida that have Local Hire
Ordinances
The City of Miami passed a local hire ordinance in 2012that was later updated in
2015.lt sets out a percentage of Miami-Dade County residents that must be hired
based on the dollar amount of the construction contract starting at $250,000 and
10o/o local hire and going up to contracts valued at more than $4 million and 40o/o
local hire. lt also states that 50% of those residents should strive to come from the
City Commission district where the project is located.
Miami-Dade County has two local hire ordinances: Community Workforce Program
and the Residents First Training and Employment Program:
o The Community Workforce Program (CWP) is designed to provide job
opportunities to local residents of traditionally underserved and
underdeveloped neighborhoods. Not less than 10o/o of the labor force must
come from the Designated Target Area (DTA) in which the public
improvement is located. Designated Target Areas (DTA) are any
geographic area of Miami-Dade County designated as an
EmpowermenUEnterprise Zone, a Targeted Urban Area (TUA), Community
Development Block Grant (CDBG) Eligible Block Group or Focus Area.
o Miami-Dade County Residents First Training and Employment Program sets
out that contractors and subcontractors on County construction contracts
valued in excess of $1,000,000 shall make their best reasonable efforts to
have fifty-one (51%) of all construction labor hours performed by Miami-
Dade County residents and require all persons employed on the project to
perform construction to have completed the OSHA 10-hour safety training.
The City of North Miami recently passed an ordinance addressing local hiring in
March 2016. lt does not specifically set the local hire requirement on the project,
but contractors must detail proposed local hiring and training efforts as part of their
bid proposal where local residents are considered those residing in the City of
North Miami. lt applies to City projects over $250,000.
Additionally, Broward County has some ordinances addressing those that are
considered "hard-to-hire" or economically disadvantaged by ensuring hiring of
those individuals through CareerSource Broward, Additionally, the St. Petersburg
City Commission has draft legislation that deals with local hire initiatives.
69
Proposal Requirements Document (PRD) No.2016-071-KB, Notice of Receipt of Unsolicited Proposal for Light
Rail/Modern Streetcar Project in Miami Beach
July 13, 2016
Page 3
3. Miami Beach Convention Center Expansion. The Miami Beach Convention Center renovation and expansion is the first time that
the City of Miami Beach has placed an emphasis on hiring local residents to work
on the project.. As of the most recent LTC on the Miami Beach Convention Center from June 2016,
the project has achieved 61.4o/o local hire of Miami-Dade County residents.
CITY MANAGER'S RECOMMENDATION
City staff hereby submits for your review the ordinance establishing a Local Workforce
Participation Program.
JLM/MT/AD
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70
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 31 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PURCHASING," BY
CREATING ARTICLE III, TO BE ENTITLED "LOCAL
WORKFORCE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS," TO ESTABLISH
WORKFORCE PARTICIPATION GOALS AND
REPORTING REQUIREMENTS FOR CITY
CONSTRUCTION CONTRACTS IN EXCESS OF
$I,OOO,OOO FOR THE CONSTRUCTION, DEMOLITION,
ALTERATION AND/OR REPAIR OF CITY BUILDINGS,
CITY PUBLIC WORKS, AND BUILDINGS OR
IMPROVEMENTS LOCATED ON CITY.OWNED LAND;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in order to encourage the hiring of Miami Beach and Miami-Dade
County residents for construction projects in excess of $1,000,000 for City buildings,
City public works, and buildings or improvements located on City land, the hiring goals
and reporting requirements set forth in this Ordinance should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Article Ill of Chapter 31 of the Code of the City of Miami Beach,
Florida, is hereby created as follows:
CHAPTER 31
PURCHASING
Sec. 31-32 - 31-39. Reserved.
ARTICLE III. LOCAL WORKFORCE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS.
71
Sec. 31,40. Local Workforce Participation Goals and Reportinq Requirements for
Gitv Construction Contracts.
(l) Definitions. The followinq words. terms, and phrases. when used in this article.
shall have the meaninqs ascribed to them in this section. except where the
context clearly indicates a different meanino:
(g) Ctty consfrucfion confracf means (i) a citv contract valued in excess of
$1.000,000 for the construction, demolition. alteration and/or repair of city
buildinss or citv public works, or (ii) a contract valued in excess of $1,000,000
which provides for privatelv-funded construction. demolition. alteration and/or
repair of buildinqs or improvements located on citv-owned land.
(b) Depadmenf means the department responsible for manaqinq the awarded
city construction contract as desiqnated bv the city manaoer.
(q) Confracfor means any person or entity providino construction services
pursuant to subsection (1Xa).
(Q lmplementation. The provisions of this article shall applv to citv construction
contracts that: a) are subiect to section 31-27 of article ll of this chapter: and b)
are awarded pursuant to an lnvitation to Bid (lTB) or Request for Proposals
(RFP) issued bv the city on or after April 1, 2017.
(Q General requirements.
(a) Except where state, county or federal laws or requlations. or other approved
qrantinq aqencies. mandate to the contrary. all contractors and
subcontractors of anv tier performinq on a city construction contract shall
satisfu the requirements of this article.
(b) As a condition of submittinq a bid or proposal for a city construction contract.
a qeneral contractor. construction manaoer, or other contractor seekinq
award of a contract. shall submit a responsible contractor affidavit. as
provided in subsection (4), with its bid or proposal. The citv shall provide
notice to any contractor who fails to submit a responsible contractor affidavit
that said contractor has forty-eiqht (48) hours from the time of notification to
submit a responsible contractor affidavit or its bid or proposal will be deemed
nonresponsive and disqualified from consideration.
72
G) The responsible contractor affidavit shall be completed on a standard form
authorized bv the Procurement Director and shall reference the city
construction contract for which a bid or proposal is beinq submitted by name
and contract or proiect number. Anv citv aqency. department. or other party
responsible for administerinq a city construction contract shall require
contractors to use the standard form authorized by the Procurement Director.
rcD A city construction contract shall not be executed until all requirements of this
section have been fulfilled.
G) No contractor shall receive final payment for completion of a citv construction
contract until the city receives a completed workforce performance report
submitted pursuant to subsection (4Xb).
({) Responsible contractor affidavit and workforce performance reporting
requirements: contractor past performance.
G) Responstb/e confracfor affrdavif. A construction manager. general contractor.
or other contractor submittinq a bid or proposal for a city construction contract
shall verifv the followino information on its responsible contractor affidavit
form:
(f) The contractor will make its best reasonable efforts to promote
emplovment opportunities for Miami-Dade County residents by seekino
to achieve a proiect qoal of havinq thirty percent (30%) of all
construction labor hours performed bv Miami-Dade Countv residents.
The contractor shall also make its best reasonable efforts to promote
emplovment opportunities for Miami Beach residents. To verify
workers' residency, contractors shall provide the residence address of
each worker.
(!) The responsible contractor affidavit shall specify the total number of
persons that will be used bv the contractor (and by all subcontractors)
to perform all of the construction trades and labor work of the contract,
broken down by trade and labor cateqory. minimum qualifications for
each cateqorv, and the number of persons to be utilized in each
cateqory. The name. address. and trade cateqorv of all persons
proposed to perform work under the contract currentlv on the
contractor's (or on anv proposed subcontractor's) pavroll who reside in
Miami Beach and/or Miami-Dade County shall be provided. The
responsible contractor affidavit shall also indicate the number of
positions shown on the work. trade cateqories. and minimum
73
qualifications therefore, to be hired bv the contractor (or bv any
proposed subcontractors) to perform the construction trades and labor
work under the contract.
blWorkforce pefformance report. Before its final aoplication for oavment of a
citv construction contract. the contractor responsible for the proiect shall
submit a workforce performance report to the city which shal! include the
followino information on the workforce employed in the execution of the
contract:
(1[ The total number of construction labor work hours performed on the
project, and the number and percentaoe of such work hours performed
by Miami Beach and Miami-Dade County residents:
(!) Supportinq documentation verifyinq construction labor work hours
performed by Miami Beach and Miami-Dade Countv residents:
(Q Supportinq documentation verifyinq reasonable efforts to promote
emplovment opportunities for Miami Beach and Miami-Dade County,
residents if the proiect ooal of thirty percent (30%) of al! construction
labor hours to be performed bv Miami-Dade County residents is not
met.
(s) When evaluating a prospective contractor's bids or proposals for future citv
construction contracts. in addition to those factors identified in Section 2-369
of the City Code for determination of award, the contractor's past record of
meetinq local workforce qoals and complyinq with reportinq requirements of
this article shall be considered.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
74
SECTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the city of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Miami Beach City Code. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
Thisordinanceshalltakeeffectonthe-dayof-,2016.
PASSED AND ADOPTED this _ day of ,2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes additions
S+it<et+reugh denotes deletions
(Sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
FORM & IANGUAGE
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