2011-27691 Reso RESOLUTION NO. 2011 -27691
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT
AGREEMENT BETWEEN THE AT &T CORPORATION, AND THE CITY
OF MIAMI BEACH, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SETTLEMENT AGREEMENT IN A FORM
ACCEPTABLE, AND LEGALLY SUFFICIENT, TO THE CITY
ATTORNEY AND CITY MANAGER, AND FURTHER AUTHORIZING
THE CITY ATTORNEY AND CITY MANAGER TO TAKE SUCH
FURTHER ACTIONS AS MAY BE NECESSARY TO ACCOMPLISH
THE INTENT THEREOF.
WHEREAS, the City of Miami Beach has maintained an Agreement with the AT &T
Corporation since December 8, 2009, and said Agreement provides emergency 911 telephone
service and support for the Miami Beach Police Department Public Safety Communications
Unit; and
WHEREAS, the Agreement mandated that the quality of the telephone service would
meet specific industry standards, which included but was not limited to, the clear and consistent
audible telephone transmissions and reception for a monthly fee of $3,254.17 per month; and
WHEREAS, the quality of the telephone service has been functioning below industry
standards with poor audio transmissions, reception quality and the inability to dial certain area
codes; and
WHEREAS, the automatic call distributor and management information software portion
of the AT &T Corporation telephone system has not functioned as designed, and has failed to
distribute inbound telephone calls equitably to the Public Safety Communications Unit
Communications Operators, and in some instances, failed to completely distribute telephone
calls as required under the Agreement; and
WHEREAS, the City of Miami Beach, by and through the Miami Beach Police
Department, withheld the monthly service fee payments in the total amount of $58,639.81; and
WHEREAS, the Parties have reached a tentative settlement, subject to City Commission
approval; and
WHEREAS, approval of the proposed Settlement Agreement is in the best interest of the
City in that it avoids further costs and risks of litigation, and protects the City from future
litigation and expense; and
WHEREAS, for the foregoing reasons, among others, the City Manager recommends
that the City Commission approve the Settlement Agreement, authorize the Mayor and City
Manager to execute the Settlement Agreement in a form acceptable to the City Attorney and
City Manager, and authorize the City Manager and the City Attorney to take such further actions
as may be necessary to accomplish the intent thereof.
•
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approve a Settlement Agreement
between the AT &T Corporation, and the City of Miami Beach, and authorize the Mayor and City
Clerk to execute a Settlement Agreement in a form acceptable, and legally sufficient, to the City
Attorney and City Manager, and further authorize the City Attorney and City Manager to take
such further actions as may be necessary to accomplish the intent thereof.
PASSED and ADOPTED this /3#A day of July, 2011.
ATTEST BY. (. ,
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MAY - MATTI H R - ERA BOWER
ROBERT PARCHER, CITY CLERK
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida approving a
settlement agreement between the AT &T Corporation, and the City of Miami Beach and authorizing
the Mayor and City Clerk to execute a settlement agreement in a form acceptable, and legally
sufficient to the City Attorney and City Manager, and further authorizing the City Attorney and City
Manager to take such further actions as may be necessary to accomplish the intent thereof.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Pursuant to the 2009 Community
Survey by The Center For Research and Public Policy residential respondents reported the
following as their top three most important public safety areas for the City: Preventing Crime
44.9 %, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4 %.
Issue:
Shall the Administration adopt the Resolution?
Item Summary /Recommendation:
The City of Miami Beach maintained an agreement with the AT &T Corporation since December 8,
2009, which provides emergency 911 telephone service and support for the Miami Beach Police
Department (MBPD) Public Safety Communications Unit. This agreement mandated that the quality
of the telephone service would meet specific industry standards, which included but not limited to the
clear and consistent audible telephone transmissions and reception for a monthly fee of $3,254.17 per
month
Unfortunately, the quality of the telephone service has been functioning below industry standards with
poor audio transmissions, reception quality and the inability to dial certain area codes. In addition,
the automatic call distributor and management information software portion of AT &T Corporation
telephone system has not functioned as designed, and has failed to distribute inbound telephone calls
equitably to the Public Safety Communications Unit Communications Operators, and some instances,
failed to completely distribute telephone calls as required under the agreement.
Further, the Positron Viper Power Management Information software and Positron Viper Power Map
software was not generating accurate statistics such as how many Communications Operators were
on a call for service and how many of the Operators were not on a call
As a result, the MBPD withheld the monthly service fee payments in the total amount of $58,639.81.
Since the action of holding up the payment of the monthly maintenance fee the AT &T Corporation has
corrected all the deficiencies, with the exception of the accurate reporting of statistics which is being
corrected with their new software release designed to alleviate the problem.
This action enabled the City of Miami Beach by and through the MBPD to reach a settlement
agreement subject to Commission approval that will credit the MBPD the $58,639.81 and release
AT &T Cor.oration of further liabilit or claim.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1
2
3
()BPI Total
Financial Impact Summary:
NA
City Clerk's Office Legisl TLacking:
Larry Bornstein,
Public Safety Communications Unit
Sign -Offs:
Department Director Assistant City Manager City Manager
Carlos E.,Noriega, Chief
MBPD ('
/
New M IAMIBEAC H A `R
DATE 7_3_1/
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
MEMO # COMMISSION MEMORANDUM
TO Mayor Matti Herrera Bower and Members of the City Commission
FROM. Jorge M. Gonzalez, City Manager
DATE. July 13, 2011 ,
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM BEACH, FLORIDA APPROVING THE SETTLEMENT AGREEMENT
BETWEEN THE AT &T CORPORATION, AND THE CITY OF MIAMI BEACH, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT
AGREEMENT IN A FORM ACCEPTABLE, AND LEGALLY SUFFICIENT, TO THE
CITY ATTORNEY AND CITY MANAGER TO TAKE SUCH FURTHER ACTIONS AS
MAY BE NECESSARY ACCOMPLISH THE INTENT THEREOF.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The City of Miami Beach maintained an agreement with the AT &T Corporation since December 8,
2009, which provides emergency 911 telephone service and support for the Miami Beach Police
Department (MBPD) Public Safety Communications Unit. This agreement mandated that the
quality of the telephone service would meet specific industry standards, which included but not
limited to the clear and consistent audible telephone transmissions and reception for a monthly
fee of $3,254.17 per month.
Unfortunately, the quality of the telephone service has been functioning below industry standards
with poor audio transmissions, reception quality and the inability to dial certain area codes. In
addition, the automatic call distributor and management information software portion of AT &T
Corporation telephone system has not functioned as designed, and has failed to distribute
inbound telephone calls equitably to the Public Safety Communications Unit Communications
Operators, and some instances, failed to completely distribute telephone calls as required under
the agreement.
Further, the Positron Viper Power Management Information software and Positron Viper Power
Map software was not generating accurate statistics such as how many Communications
Operators were on a call for service and how many of the Operators were not on a call.
As a result, the MBPD withheld the monthly service fee payments in the total amount of
$58,639.81. Since the action of holding up the payment of the monthly maintenance fee the AT &T
Corporation has corrected all the deficiencies, with the exception of the accurate reporting of
statistics which is being corrected with their new software release designed to alleviate the
problem.
This actin enabled the City of Miami Beach by and through the MBPD to reach a settlement
agreeme t subject to Commission approval that will credit the MBPD the $58,639.81 and release
AT &T C rporation of further liability or claim.
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