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2001-24537 RESO RESOLUTION NO. 2001-24537 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO WAIVE, BY 5/7THS VOTE, THE COMPETITIVE BIDDING PROCESS, AND NEGOTIATE A CONTRACT WITH MOTOROLA, INC., ERICSSON, OR ANY OTHER PUBLIC SAFETY SYSTEM PROVIDER AS DETERMINED BY THE CITY OF MIAMI BEACH, IN REGARD TO THE REPLACEMENT OF THE EXISTING CITY OF MIAMI BEACH 800MHZ ANALOG RADIO SYSTEM AND THE PURCHASE OF A NEW 800MHZ TRUNKED DIGITAL SIMULCAST PUBLIC SAFETY RADIO SYSTEM. WHEREAS, the existing City of Miami Beach 800M Hz Analog Radio System has become obsolete due to a lack of critical replacement parts, an increase in dead zones, a decrease in coverage in the City's North End, and the requirement to continue communications compatibility with the City of Miami; and WHEREAS, the City Administration has included an appropriation in the FY2001 Budget for a new 800MHZ Trunked Digital Simulcast Public Safety Digital Radio System and there are only a limited number of Public Safety Radio System vendors that meet the City's requirements, such as Motorola, Inc. and Ericsson; and WHEREAS, it is critical that the new system be purchased and implemented at the earliest date to ensure continued high quality Public Radio System, the Administration recommends that the Mayor and City Commission accept its recommendation herein, and authorize, by 517ths vote, a waive of the competitive bidding process, finding such a waiver to be in the best interest of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City commission hereby authorize the Administration to waive by 5/7ths vote, the compentitive bidding process, and negotiate a contract with Motorola, Inc., Ericsson, or any other public safety system provider as determined by the City of Miami Beach, in regard to the replacement of the existing City of Miami Beach 800MHz Analog Radio System and the purchase of a new 800M Hz Trunked Digital Simulcast Public Safety Radio System. PASSED and ADOPTED this 18thday of July, 2001. 1J!1MAYOR A TEST: , 7yP"'lf)/ Delte CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami.beach.fl.us COMMISSION MEMORANDUM NO, Lfo/O-OL From: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez 11 U ~ City Manager ~ Date: July 18, 2001 To: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO WAIVE, BY 517TH VOTE, THE FORMAL BID PROCESS AND NEGOTIATE A CONTRACT WITH MOTOROLA, INC., ERICSSON, OR ANY OTHER PUBLIC SAFETY SYSTEM PROVIDER AS DETERMINED BY THE CITY OF MIAMI BEACH, IN REGARD TO THE REPLACEMENT OF THE EXISTING CITY OF MIAMI BEACH 800MHZ ANALOG RADIO SYSTEM AND THE PURCHASE OF A NEW 800MHZ TRUNKED DIGITAL SIMULCAST PUBLIC SAFETY RADIO SYSTEM. ADMINISTRATION RECOMMENDATION Subject: Adopt the Resolution. BUDGETED AMOUNT AND FUNDING None required. ANALYSIS In 1987, the City installed through a competitive process, a Motorola 800MHz trunked analog public safety radio system. It included six radio sites and various handheld and mobile equipment as well as the radio microwave system for use by Police and Fire Public Safety staff and general government (Beach Patrol, Parking, Sanitation, Building, Code Compliance, etc.). An upgrade to the system was made as follows in 1997: . The Microwave portion of the radio system was replaced. Motorola was awarded a four-year service agreement for maintenance of all components of the radio system including transmitter, receivers, portables, dispatch consoles, etc. The service agreement expired on September 30, 2000 and the City Commission approved a one- year additional service agreement on December 20, 2000. \ AGENDA ITEM f<:7 1'1 DATE i-fr;-eJ L Commission Memorandum Motorola, Inc. July 18, 2001 Page 2 . The SIMS II portion of the radio system was upgraded and all City portable radios were replaced and/or upgraded. In 2000, the Information Technology Department determined that the City's radio system was obsolete, lacked proper system coverage and required additional transmitters and other equipment in order to provide the most up-to-date digital technology. The City Administration responded by including an appropriation in the FY2001 budget, as adopted, for the purchase of a new Motorola Astro Digital Simulcast Radio System to be installed by late 2001. To provide a transition period until the new system was on-line, it was determined that a one-year Service Agreement with option to renew for a second year for the existing system was needed. On December 20, 2000, this Service Agreement was authorized by the City Commission. It encompassed Dispatch Service, Infrastructure Repair, Local Radio Support Mobiles, Local Radio Support Portables, Radio Repair, Technical Support and System Survey and Analysis and 24/7 support for the main radio system hardware and software. In addition, at the December 20, 2000 Commission Meeting, the City Commission authorized a Technical Services Agreement with RCC/Omnicom, Inc. (now RCC Consultants, Inc.) to determine if the Motorola, Inc. proposal met the needs of the City and to advise the City if they should negotiate with Motorola, Inc. for the new 800M Hz Public Safety Radio System. This report has been completed and submitted to the City and has been distributed through the City Manager's Office to each member of the City Commission by way of an Letter to Commission (LTC). RCC Consultants, Inc. recommended authorizing the City to negotiate a contract with Motorola, Inc., for the purchase, installation and maintenance of the new radio system (see Appendix I). This recommendation was a result of the following considerations: . Maintenance of the present Motorola Radio System is difficult as certain critical components are no longer being manufactured or are not available through the Motorola Support Center. Due to this, the City is presently being forced to borrow parts from the Backup Radio Site for the Main Radio Site. This means that in a major failure, the Backup Radio Site may not be able to function properly. . Deterioration of the City's radio system is escalating within the City and this can be seen in the increase of dead zones being reported. This is due to phenomenal City growth whereby new structures have been obstructing radio frequency signals. This is not only a technical difficulty, but one that impacts on Police and Fire personnel. Commission Memorandum Motorola, Inc. July 18, 2001 Page 3 . The need to increase our transmission coverage in the north end of the City is paramount to the operation of a powerful and responsive city-wide radio system. With the communications problems that have developed in the north end of the city, it is vitally important that a new site be erected at the earliest date to correct these difficulties. The City has recently determined that the present Main Radio Site Tower is in the drop zone of the proposed City of Miami Beach Emergency Operations Center (EOC) and needs to be moved. This issue was not part of the contracted scope of work with RCC Consultants, Inc. This proposal needs to be dealt with in the context of the total work being considered under the Motorola, Inc. contract. . As recently as March, 1997, the Police, Fire and other City Departments either replaced and/or upgraded over one thousand (1,000) Motorola portable radios at a cost of $2,743 million. If, the City were to utilize a vendor other than Motorola, Inc., for the new radio system, it would require another total replacement of hardware/software due to the proprietary nature of Public Safety Trunk Systems. The total replacement would entail a large front-end cost as well as the time element involved in the purchase and installation/programming process and any other unexpected problems involved in such a major changeover. The use of another vendor would logistically complicate the City's present Motorola radio system. A very precisely orchestrated transition period would have to be undertaken whereby the Motorola System was working congruently with the new vendor's system with no downtime for either. This is particularly important when dealing with Public Safety Radio Systems. . The City of Miami has a Motorola Public Safety Radio System and the City of Miami Beach has always tried to share communication's resources with this our largest and closest neighbor. Further, the City of Miami has recently purchased 2,000 new portable Motorola XTS Radios that are compatible with the City of Miami Beach equipment. This means both cities can share radio system ID's and communicate in each other's jurisdictions when called upon for mutual aide or during emergencies. . There are only two (2) major public safety radio communication system vendors in the United States: Motorola, Inc. and Ericsson. If a competitive bid were done, these would be the only vendors qualified to respond. A survey of the costs of new systems similar to what the City is proposing was conducted by RCC Consultants, Inc., and the result was that the Motorola, Inc. system had a price tag of $6,410,598 and Ericsson had a price tag of $8,300,000. The higher cost for the Ericsson system was due to the inclusion of all new portable radio hardware/software as required. . RCC has determined that these proposals substantially meet the long-range needs of the City. Further, the City should negotiate with Motorola to define a detailed . Statement of Work (SOW) and to arrive at a fair market price. Motorola's proposal is for $6.4 million. RCC Consultants, Inc. advises that the City should be able to reduce this initial amount through additional negotiations. Commission Memorandum Motorola, Inc. July 1S, 2001 Page 4 CONCLUSION The Administration concurs with the recommendations of RCC Consultants, Inc" as contained in their report, It is therefore requested that the Mayor and City Commission authorize the Administration to waive, by 5/ih vote, the formal bid process and negotiate a contract with Motorola, Inc., as well as to negotiate with Ericsson, or any other Public Safety System provider as determined by the City of Miami Beach, in regard to the replacement of the existing City of Miami Beach SOOMHz Analog Radio System and the purchase of a new SOOMHZ Trunked Digital Simulcast Public Safety Radio System. JMG:PDW:~1tGL ~ r . ( ().tJo( --1-l( ~ 3 7 ) TEW CARDENAS REBAl<: KELLOGG LEHMAN DEMARIA TAGUE RAYMOND & LEvINE, L.L.E "" ~. ~T~Mro: WRITER'~ DIRk!CT LINk! (305) 539-2114 E-M.\lL' BDF@TEWLAW.COM Wr.R Sr:'E: \\'WW.TEWLAW.COM ATTORNEYS AT LAW August 6, 2002 VIA FACSIMILE & U.S. MAIL Raul Aguila First Assistant City Attorney City of Miami Beach 1700 Convention Center Drive 4lh Floor Miami Beach, Florida 33139 Re: 800 MHz Trunked Digital Simulcast Radio System: lvfAIComm Correspondence Our File No.: 10232.002 <~ ..' a -----. "",-,:~ , :l::,. .:0 c r' C') (T) :::c C'.:: rn ~'- -. U> " .<: ::c: 0 m ..." - .." .. a 0 .::::- rr'/ Dear Mr. Aguila: As you know, this law firm represents Motorola, Inc. ("Motorola") in the above-referenced negotiation process. Our attention has been drawn to correspondence from MA/Comm's counsel. dated May 23, 2002, which sets forth concerns stemming from the City's Request for Clarification ("Request"), and our client's response to the Request. Specifically, MAlComm alleges that it suffered a competitive disadvantage as a result of our client's response to the Request. MAlComm' s allegations are unfounded. Initially, we point out that this process is not a competitive bid situation. Through Resolution No. 2001-24537 (the "Resolution"), the City Commission, in full compliance with Miami Beach City Code requirements, waived competitive bid requirements, authorizing the City Manager to negotiate a contract for the above-referenced system ("Now, therefore, be it duly resolved by the Mayor and City Commission of the City of Miami Beach, Florida. that the Mayor and City commission hereby authorize the Administration to waive by Sl7ths vote, the competitive bidding process, and negotiate a contract with Motorola, Inc., Ericsson, or any other public safety system provider. . ." (emphasis added)). The Statement of Work issued by the City, therefore, was the beginning of a negotiation. to which Motorola responded, as part of the authorized negotiation process. MA/Comm inaccurately refers to Motorola's initial submittal as a "Best and Final Offer" ("B^FO")~ it is clear that Motorola's submittal has always been part of a negotiation process, and subject to change. The term "BAFO" appears for the first time in MA/Comm's submital~ indeed, neither Motorola nor the Statement of Work have characterized the initial submittal as a BAFO. Accordingly. the process. including Motorola's response to the Request, is consistent with the waiver of competitive bidding and negotiation, authorized by the Resolution. . M 1/\,\1 I OFFICE . .\1: I\L (:i',:'I.II. CI,II' 1"1.< ""'. :0>1 "i, . ':11 I',,, .\\:--<1' B..' 1.i:....lIlll. MI,\.\lI, FI.lII(lllJ\ HUt 4.1.11>. TEI.EI'IIl)NEJO-;6111-111~. F.'\CSIMII.E \0-;.'-;\1>-1111> . T.\I.I..\IIJ\SSIJ': OI'I'II.E . \1"'.11'01 I'\ln. '("'1\1'11,1"1:\ \1,. .''''I,,'-;mll'T.'i,' ". '!,.T.\I.I..\J1J\~~EE. Fl.llllll>J\ 12.l0I.TEI.EI'llllNli/l-;()ilI417770. F.\CSIMII.E'l-;O,/I417~7/1 ~ ~ Raul J. Aguila, Esq. August 6, 2002 Page 2 r' . Moreover, even when evaluated under competitive bid principles, MA/Comm' s concerns are unfounded. None of Motorola's responses to the Request changed its ability to perform the required services under the Statement of Work, nor was there any fraud, misrepresentation or dishonesty; rather, Motorola's clarifications were limited to addressing contractual issues with the City, which are appropriately addressed through negotiations with the City, separately from the technical review conducted by the City's consultant. At most, Motorola's responses to the Request amount to addressing minor irregularities. See Liberty County v. Baxter's ASDhalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982). There was no competitive advantage gained by Motorola as a result of the responses to the Request, as Motorola's initial response to the Statement of Work was responsive, with no material deviations from the requirements of the Statement of Work. Thank you for your consideration. cc: Jorge M. Gonzalez, City Manager Robert E. Parcher, City Clerk Gus Lopez, Procurement Director John Caldwell Randy Evans Lenny Smith '