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97-22303 RESO Resolution No. 97-22303 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING,AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE PURCHASE AGREEMENT, IN THE AMOUNT OF $2,881,431.53, AND A COMPANION SERVICE AGREEMENT, IN THE ANNUALIZED ESTIMATED AMOUNT OF $192,000.00, BETWEEN THE CITY AND MOTOROLA, INC., FOR THE UPGRADE OF THE PUBLIC SAFETY RADIO SYSTEM, THE REPLACEMENT OF OBSOLETE EQUIPMENT, AND MAINTENANCE OF SAME; SAID AGREEMENTS TO BE NEGOTIATED AND REVIEWED BY THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE; FURTHER CERTIFYING THAT THE ADMINISTRATION HAS COMPLIED WITH THE REQUIREMENTS GOVERNING SOLE SOURCE PURCHASES, AS SAME ARE DEFINED BY SUB-SECTION 31A-I0 OF THE MIAMI BEACH CITY CODE, AS AMENDED. WHEREAS, in 1987, the City installed a Motorola 800MHz trunked radio system for us ~ by public safety and other City departments; and WHEREAS, there is a requirement to upgrade the radio system due to technology char ge; and equipment obsolescence; and WHEREAS, the City desires to enter into a Lease Purchase Agreement, in the amount 0 f $2,881,431.53, to be negotiated and reviewed by the Administration and City Attorney's Office, an I providing for, among other items, the upgrade of the radio system from Type I Analog to TYPI~ Ili i Analog, and the replacement of obsolete equipment; and WHEREAS, the City desires to enter into a companion Service Agreement, in th ~ annualized estimated amount of $192,000.00, to be negotiated and reviewed by the Administra1im l and City Attorney's Office, providing for, among other items, the maintenance of all componcmt , of the radio system during the transition and lease periods; and WHEREAS, the Administration has complied with the procedures governing sole SOlW: purchases, as same are defined by Sub-Section 31A-1O of the Miami Beach City Code, Chapte' 31A, as amended, and is herein attaching a letter from Omnicom, Inc., the City's consultant on th,,: microwave relocation project and a recognized industry expert in the areas of radio communicati::m ' and microwave systems, certifying that the upgrade, equipment and services being purchased fIOn Motorola, Inc., is the only product available to meet the City's needs and the City desires 1ha, Motorola, Inc., provide the upgrade, new equipment and maintenance to ensure the reliability of thl. City's public safety radio system. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CJIT"'{ COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and I:::it r Commission herein approve and authorize the Mayor and City Clerk to execute a Lease Purchas ~ Agreement, in the amount of $2,881,431.53, between the City and Motorola, Inc., relating to th ~ upgrade of the public safety radio system and provision of new radio equipment, and a companio 1 Service Agreement, in the annualized estimated amount of $192,000.00, for its maintenance. Th ~ Mayor and City Commission herein approve the Lease Purchase Agreement and Service Agreemer t with Motorola, Inc., subject to negotiation and review by the Administration and City Attorney s Office. The City further certifies that it has complied with the requirements governing sole soure ~ purchases, as same are defined by Subsection 31A-1O of the Miami Beach City Code, as amende(. PASSED and ADOPTED this 19th day of ~.\,.u.o---f:~~ City Clerk JGP:MDB:CGJ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1IJ tlJ:: ~ ,tll ,'1}~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us - COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: February 19, 199' 7 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: REQUEST FOR PROV AL FOR A LEASE/PURCHASE AGREEMENT ANJI) COMPANION SER CE AGREEMENT WITH MOTOROLA, INC. IN THE AMOUNT NO' [' TO EXCEED $2,881,431.53 FOR THE UPGRADE OF THE CITY'S PUBLIC SAFET r RADIO SYSTEM AND TO REPLACE OBSOLETE RADIO EQUIPMENT AND IN TH \ ANNUALIZED ESTIMATED AMOUNT OF $192,000 FOR MAINTENANCE DURING 1 HI, PERIOD. ADMINISTRATION RECOMMENDATION Approve the Resolution. CONTRACT AMOUNT AND FUNDING $2,881,431.53 Funds are available from Budget Account No. 550.1750.000674 over the next three years (Upgn.de - $400,000.00, New Equipment - $2,350,000.00, Interest - $131,431.53) $ 192,000.00 Funds are available from Budget Account No. 550.1750.000325 during FY97 (Service Agreerr em) Funds estimated for Service Agreement in FY98 - $197,500, FY99 - $211,000, FY2000 - $220.00 ) BACKGROUND In 1987, the City installed a Motorola 800MHz trunked radio system using Type I Analog technology which include I six radio sites and various handheld and mobile equipment for use by public safety staff (Police and Fire) and geren I government (Beach Patrol, Parking, Sanitation, Building, Code Compliance, etc). This system has served the City we I for many years and has required no significant upgrades since implementation. ANALYSIS It is now necessary to upgrade the original radio system to Type IIi Analog. The upgrade and replacement project alon ~ with a companion service agreement being recommended will ensure the Public Safety radio system is serviceable an I current obsolete equipment is replaced. In addition, a system upgrade will provide the basic building blocks for th ~ eventual move to the latest technology under development in the industry. This item has been included in th ~ Communications Internal Service Fund proposed budget for the last two years and was forecast to be completed ,we' a four to five year period starting in FY96. In December 1995, the City was notified that Motorola could no longer service or support the identification pOltio I (SIMS) ofthe system. SIMS is crucial to the operation of the system by identifying radio assignment to 911 staffwhe I they are communicating with officers in the field. In order to replace this portion of the system, the City must upg:ad : from Type I to Type IIi or Digital. Several other pieces of equipment, including the STX handheld and Syntor m<bil : radios, are either no longer manufactured and/or are incompatible with the upgrade. FUNDING APPROVED /-- ..?--. ./ AGENDA ITEM R,F' '2-\<1.<1'7 DATE Communications staff and Motorola have met several times over the last year with Police, Fire and other govemue It departments to discuss the various options and what direction the City should take. Some aspects of Motorola's digit 11 option are still under development awaiting new compatibility standards among radio system and equipme:lt manufacturers. These standards are intended to allow the inter-operability of equipment such as a handheld from 01 e vendor working on the system of another. Currently, radio equipment technology is proprietary and once a system s acquired only that manufacturer's equipment will work with it. The only recourse to not using that manufacturer iSI 0 replace the entire system. (See attached letter from Omnicom, Inc.) After reviewing the options, the upgrade to Type IIi Analog is the least costly and most viable technical option a th s time for the City. A copy of Motorola's executive briefing is attached. Equipment at each ofthe radio sites and the 911 dispatch center will be modified. In addition, all Syntor mobile and base station radios will be replaced as the:; aT e incompatible with Type IIi Analog. The STX handheld radios used by departments until recently will be replaced t V the newest model, XTS, for Police and Fire personnel, and the MTS model, for other departments. The City alr~ad y owns approximately 200 MTS radios purchased as additional equipment for departments and had initiated the ST ( replacement program last fiscal year. (See attached department list of STX, Syntor and MTS equipment). The !'vIIO" " mobile data terminals primarily in Police cars, are not included in this project and will be replaced as part of a ne' v dispatch/records computer system, once a decision on the computer software is made. Several Maxtrac and SP',lCtll radios are still serviceable and compatible with the Type IIi Analog upgrade. As part of this, a new four-year service agreement covering both the transition and the lease periods with Motonla s recommended to maintain all components of the radio equipment include, transmitters, receivers, peripherals, antenn:" etc. This agreement does not include the new microwave system being installed by PCS PrirneCo. Once'ull ( operational, this system will come with its own one-;,ear warranty. At the end of this warranty, the service agreemel t with Motorola allows the microwave system to be incorporated as a new line item. As new equipment warranties e::ph ~ or other equipment is replaced and under warranty, these will be incorporated or deleted from the agreement on an itell by item basis. A copy of Motorola's Municipal Lease Purchase Agreement is attached. This program, available to any politic, I subdivision, permits the City to spread out payments over a three period and passes title of the equipment to the Cit I on acceptance. The following outlines the payments and their source within the Communications Internal Service J 'un I account over the next four years: Year Retained Earnings Maintenance (est.) FY97 (Down Payment) FY97 FY98 FY99 FY2000 TOTAL $350,000.00 843,810.51 843,810.51 843,810.51 -0- $2,881,431.53 n/a $192,000.00 197,500.00 211,000.00 220,000.00 $820,500.00 The total cost of financing, $2,400,000, over three years at 5.58% interest, is $131,431.53. Of the $2,750,000:otc I capital cost, $400,000 is for the Type IIi Analog upgrade and $2,350,000 is for handheld and mobile equipment. CONCLUSION The City Commission should approve the lease/purchase of the system upgrade, equipment replacement and servic : agreement to the City's Public Safety radio system to ensure reliability of communications between members of plbli ; safety and other City staff. JGP:MOB:CGJ COMMUNICATIONS SYSTEM AGREEMENT THIS AGREEMENT, made and entered into this 7th day of March, 1997, by and betwee!n MOTOROLA, INC., a Delaware corporation, by and through its Land Mobile Products Sector, an j hereinafter referred to as "MOTOROLA" or "Seller", and the CITY OF MIAMI BEACH, FLORIDi\, hereinafter referred to as "PURCHASER". WITNESSETH: WHEREAS, the PURCHASER desires to purchase a Communications System; and WHEREAS, MOTOROLA desires to sell a Communications System; and THEREFORE, the parties hereby enter into an agreement pursuant to which MOTOROLA shall peron n the work and furnish the equipment and services as more fully set forth herein and in the foll01vin J exhibits, which are either attached hereto or incorporated by reference and hereby made a part of th s Agreement: Exhibit A General Provisions dated January, 1987 consisting of six (6) pages and nineteen (1!) sections. Exhibit B MOTOROLA Software License. Exhibit C Equipment Lease-Purchase Agreement. Exhibit D Motorola Proposal, including Technical Obsolence Credit Offer, Acceptance Te: ,t Plan, Equipment List, and Statement of Work. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained hel'eil', the parties agree as follows: SECTION 1 SCOPE OF WORK A. MOTOROLA shall furnish all of the equipment as outlined in Exhibit D, and provide E uc , tools, supplies, labor and supervision necessary for the installation for those items purchc.se j to be installed as detailed in Exhibit D for a Communications System. B. PURCHASER shall in addition to responsibilities described in the Statement of Work inclL de j in Exhibit D of this Agreement perform the following coincident with the performance of thl:; Agreement: (1) Provide a designated Project Director. (2) Provide ingress and egress to PURCHASER'S facilities and/or sites as requested by MOTOROLA and have such facilities available for installation of the equipment to be instal:ed Motorola CSA revised 10/95 (3) Provide adequate telephone lines for the installation and operation of the equipment. (4) Provide adequate AC Power at 117 V AC :t 10%, 60 Hz for the installation and operation cf the equipment. (5) Provide a designated work area with adequate heat and light, and a secure storage area f lr equipment delivered to the PURCHASER. The PURCHASER shall be solely liable for Ions lr damage to equipment prior to, during and following installation when such equipment is on lr within PURCHASER'S facilities and/or vehicles. SECTION 2 SITES This agreement is predicated on the utilization of sites and site configurations, which have beEn selected either by the PURCHASER or by MOTOROLA as contained in the MOTOROL A. proposal. In either situation, should it be determined by either MOTOROLA or PURCHASE 1 during the course of performance on this Agreement that the sites or configuration selected ae no longer available or desired, new or replacement sites or configuration will be selected ar d approved by both MOTOROLA and the PURCHASER. If any price adjustments are necessary < s a result of these new or replacement sites, such price adjustments will be added to th s Agreement by change order in accordance with Section 4 of the General Provisions. SECTION 3 SUBSURFACE/STRUCTURAL CONDITIONS This Agreement and the MOTOROLA proposal are predicated upon normal soil condilior s defined by E.I.A. standard RS-222 (latest revision). Should MOTOROLA encounter subsurfac,,!, structural, and/or latent conditions at any site differing from those, indicated on the specification ;, or as used in the preparation of the bid price, the PURCHASER will be given immediate notic e Ilf such conditions before they are further disturbed. Thereupon, MOTOROLA and t~ e PURCHASER shall promptly investigate the conditions and, if found to be different, will adjusl t~ e plans and/or specifications as may be necessary. Any changes which cause an adjustment ir t~ e contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of the General Provisions. SECTION 4 PERIOD OF PERFORMANCE A. MOTOROLA shall complete the work in accordance with the following schedule: (1) Delivery date of equipment - 6/30/97; (2) Completion of installation - 8/30/97; and (3) Final Acceptance/Completion of Acceptance Test - 9/30/97. B. Whenever MOTOROLA knows or reasonably should know that any actual or potenti"lI condition due to circumstances beyond its control is delaying or threatens to delay the time y performance of the work, MOTOROLA shall within thirty (30) days give PURCHASER notica thereof and may request an extension of time to perform the work. Motorola and the City of Miami Beach 2 C. In order to successfully integrate and implement this project, shipments will be made F.O. 3. Destination to PURCHASER facilities, local MOTOROLA staging facilities, warehollsir g facilities, or any combination thereof. It is agreed that this plan is acceptable to PURCHASER and that MOTOROLA will advise prior to shipment of actual destination and that PURCHASER will accept shipment, and make payment as required by this Agreement. D. It is also agreed that equipment shipping dates reflected in this agreement or in MOTOROL A proposals are estimates only, and that shipment may be made at any time prior to, lr subsequent to these estimated shipping dates. SECTION 5 ACCEPTANCE CRITERIA A. MOTOROLA has included an Acceptance Test Plan (A TP) which has been agreed to by Dot h parties either in writing prior to this Agreement or by execution of this Agreement and is a pa rt of Exhibit D to this Agreement. The successful completion of the ATP will be the so e criterion for system acceptance. B. Should the PURCHASER commence use of the system or any sub-system thereof for:he ir intended purposes, other than for the express purposes of training or testing, prior to sYfitel1 n acceptance, final payment for said system or sub-system shall be due net thirty (30) days. n e warranty or maintenance periods for such equipment put into use, unless warrant, (r maintenance has already begun, shall be deemed to have commenced concurrently with th e use of the equipment for its intended purpose. The use of the equipment for its inter de j purpose shall be deemed to have occurred when the PURCHASER commences to use an j rely primarily on the equipment for its communications. C. Upon notification by MOTOROLA that the system is available for acceptance testing, ij :> agreed that should the acceptance testing of the system or any subsystem thereof b ~ delayed for reasons beyond MOTOROLA'S control, that final payment for the subsystem c r system shall become due net thirty (30) days and warranty or maintenance shall comme nc ~ upon notice to PURCHASER by MOTOROLA. SECTION 6 PAYMENT SCHEDULE A. MOTOROLA agrees to sell all of the equipment and perform the services as outlined in th ~ Scope of Work and in Exhibit D, and PURCHASER agrees to buy the aforementione j equipment and services for the sum not to exceed Two Million Seven Hundred j=ift, Thousand Dollars ($2,750,000.00). B. The PURCHASER shall execute an Equipment Lease-Purchase Agreement (Exhibit C), an I make payments to MOTOROLA in accordance therewith. Any difference up to the contrac t value will be paid net thirty (30) days upon delivery. C. In the event that the purchase of a different Motorola Management System becomes necessary for this digital infrastructure, the City may obtain a $200,000 credit toward this purchase with a trade-in of the Smartnet Interface Management System (SIMS II). This trade-in credit offer is extended until December 31,1999. Lessee agrees that in the event Lessee exercises the option to upgrade the SIMS II system in accordance witl this Section, Lessee shall either payoff the remaining balance of the lease or the unpaid balance shall be applied toward the Lease-Purchase of a Motorola Digital Infrastructme System. Motorola and the City of Miami Beach 3 SECTION 7 PROJECT MANAGEMENT A. If the size or complexity of the project warrants, MOTOROLA will assign a Project ManagE r, who is authorized to exercise technical direction of this project. MOTOROLA, at any time, mF1Y designate a new or alternate Project Manager without written notice. B. All matters affecting the terms of this Agreement or the administration thereof shall be refnrrrd to MOTOROLA'S cognizant Contract Administrator who shall have authority to negctiae changes in or amendments to this Agreement. SECTION 8 NOTICE ADDRESSES A. MOTOROLA, INC. 5900 NORTH ANDREWS AVENUE, SUITE 500 FORT LAUDERDALE, FL 33309 ATTN: SALES MANAGER With copy to: MOTOROLA, INC. 85 HARRISTOWN ROAD GLEN ROCK, NEW JERSEY 07452 ATTN: CONTRACTS & COMPLIANCE DEPARTMENT B. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 ATTN: CITY CLERK CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 ATTN: CITY ATTORNEY With copy to: CITY OF MIAMI BEACH 1100 WASHINGTON AVENUE MIAMI BEACH, FL 33139 ATTN: TELECOMMUNICATIONS MANAGER, COMPUTERS & COMMUNICATIONS SECTION 9 ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement which includes Exhibit A, the inconsistunc y shall be resolved in the following order: This Agreement. Exhibit B MOTOROLA Software License Agreement. Exhibit C Equipment Lease-Purchase Agreement. Exhibit D MOTOROLA Proposal, including Technical Obsolescence Credit Offer, Acceptanc 3 Test Plan, Equipment List and Statement of Work. Motorola and the City of Miami Beach 4 SECTION 10 DISPUTES A. MOTOROLA and the Purchaser will attempt to settle any claim or controversy arising out I)f this Agreement through consultation and negotiation in good faith and a spirit of mutuil cooperation. If those attempts fail, then the dispute will be mediated by a mutually acceplab e mediator to be chosen by MOTOROLA and the PURCHASER within thirty (30) days aftnr written notice by one of the parties demanding non-binding mediation. Neither one of the parties may unreasonably withhold consent to the selection of a mediator, and MOTOROL A. and the PURCHASER will share the cost of the mediation equally. By mutual agreement, however, MOTOROLA and PURCHASER may postpone mediation until both parties ha\,e completed some specified but limited discovery about the dispute. The parties may al~o agree to replace mediation with some other form of non-binding alternate dispute resoluticn procedure (ADR). B. Any dispute which cannot be resolved between the parties through negotiation or mediaticn within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Dade County, Florida. Both MOTOR:>LA and PURCHASER consent to jurisdiction over it by such a court. The use of any ,~D 1 procedures will not be considered under the doctrine of laches, waiver or estoppel to arte:t adversely the rights of either party. Nothing herein shall prevent either of the parties "ro n resorting to the judicial proceedings mentioned in this paragraph if (a) good faith efforts 1 ~ attempt resolution of the dispute under these procedures have been unsuccessful or (II) interim relief from the court is necessary to prevent serious and irreparable injury to one 01 th e parties or others. SECTION 11 SEVERABILITY If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision sha I b 3 considered severable, and the remainder of this Agreement or any provision hereof shall not b 3 affected. SECTION 12 HEADINGS AND SECTION REFERENCES The headings given to the paragraphs herein are inserted only for convenience and are in no We y to be construed as part of this Agreement or as a limitation of the scope of the particular parag'a~ 1 to which the heading refers. SECTION 13 FULL AGREEMENT This Agreement and Exhibits hereto constitute the final expression of the agreement of th 3 parties and supersedes all previous agreements and understandings, whether written or ore I, relating to the work. This Agreement may not be altered, amended, or modified except by wr tte 1 instrument signed by the duly authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their ju y authorized representatives as of the last day and year written below. Motorola and the City of Miami Beach 5 By: Name: Title: Date: March 7, 1997 ATTEST: J:Q 1I.u~ r1W~ Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1#f!II= ~;"'J :-;;, '",omey ~ Motorola and the City of Miami Beach 6 MOTOROLA, INC. By: ~~___ Name: ~,I #rJ ~ /i;f i~!/ / _ A 'r J:. i" hi' -/ ~'/ Title: _:..._.fZ"_____::._~5!_j/_;/_L!i~~LL.t..d:.'~ _ Date: ~((vJ ~ /99" 7 ~9~Ot& 1y ,~$- CP~~/~~ ~// '. EXHIBIT A GENERAL PROVISIONS MOTOROLA , INC. SECTION 1 STANDARDS OF WORK MOTOROLA agrees that the performance of work described in this Agreement and pursuant 0 this Agreement shall be done in a professional manner and shall conform to professlion:11 standards. All packaging and packing shall be in accordance with good commercial practice. SECTION 2 TAXES The prices set forth in the Agreement are exclusive of any amount for Federal, State or Loc:11 excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. 11 allY taxes are determined applicable to this transaction or MOTOROLA is required to payor bea' tt e burden thereof, the PURCHASER agrees to pay to MOTOROLA the amount of such taxes ar d any interest or penalty thereon no later than THIRTY (30) DAYS after receipt of an invoice thelefc r. SECTION 3 SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. Destination. MOTOROLA reserves the right to make delivl3riE s in installments and the Agreement shall be severable as to such installments. Title to tte equipment shall pass to the PURCHASER upon shipment to the F.O.B. Point. After delivery 0 the F.O.B. Point, risk of loss and damage to the articles shall be borne by the PURCHASER. Tt e above notwithstanding title to software and any third party supplied software shall not pass upc n payment of the license fee therefor or under any circumstances. SECTION 4 CHANGES IN THE WORK A. The PURCHASER may, at any time, by written order, make changes within the general s<:o~ e of the work, including but not limited to revisions of, or additions to, portions of the work, I lr changes in method of shipment or packaging and place of delivery. B. If any order under this Section 4 causes an increase or decrease in the cost of or time require d for the performance of any part of the work under this Agreement, an equitable adjustrne lt shall be made in the Agreement price or delivery schedule, or both, and the Agreement she II be modified in writing accordingly. MOTOROLA is not obligated to comply with any crdlir hereunder unless and until the parties reach agreement as to the aforementioned equitab e adjustment and same is reflected as an addendum to this Agreement. SECTION 5 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 otherwise, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. PURCHASER'S sole remedy is to request MOTOROLA at MOTOROLA'S option to either refund the purchase price, repair or replace product(s) that are not as warranted. IN NO EVENT WILL MOTOROLJl" B:: LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOS~;, Motorola Exhibit A, General Provisions 7 LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES TJ THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. SECTION 6 EXCUSABLE DELAYS A. Neither MOTOROLA nor the PURCHASER shall be responsible for delays or lack ,)f performance resulting from acts beyond the reasonable control of the party or parties. Sue h acts shall include, but not be limited to: acts of God, fire, strikes, bid protests, materil3.1 shortages, compliance with laws or regulations, riots, acts of war, or any other conditio! s beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in tt e Agreement. Such delays will be subject to an Agreement addendum as described in Sedie n 4. SECTION 7 DEFAULT A. If MOTOROLA is responsible for failure to make delivery or complete installation under tt e agreement, the PURCHASER may consider MOTOROLA to be in default, unless such feilu e has been caused by the conditions set forth in Section 6 of these General Provisions. B. The PURCHASER shall give MOTOROLA written notice of such default and MOTOROL A. shall have THIRTY (30) DAYS to provide a plan of action to cure said default. If MOTORJL A. fails to cure said default, the PURCHASER may terminate any unfulfilled portion of th s Agreement or complete the system through a third party. In the event the PURCHASE.=\ completes the system through a third party, MOTOROLA shall be responsible for an amou It in excess of the Agreement price, not to exceed the value of the terminated portion, incurre d by the PURCHASER in completing the system to a capability not exceeding that specified n the Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE 1=0=\ ANY INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. SECTION 8 DELAYS BY PURCHASER If the PURCHASER is responsible for delays which cause the installation and acceptance of th s system as defined in the Agreement, to be rescheduled beyond the Period of Performance Sl~t forth in the Agreement, the PURCHASER shall be liable for actual costs incurred by MOTOROL a. resulting from these delays. Such charges may include, but are not limited to, addition II Engineering; rescheduling charges; storage charges; maintenance charges; and transportHtic n charges. The PURCHASER shall have the option to attempt to minimize actual costs incurred t y storing and transporting equipment at its own expense. MOTOROLA reserves the right to modi' y payment terms in the event of such delays. SECTION 9 LICENSESI AUTHORIZA TION The PURCHASER is solely responsible for obtaining any licenses or other authorizations requirej by the Federal Communications Commission and for complying with FCC rules. NethEr MOTOROLA nor any of its employees is an agent or representative of the PURCHASER in f=C~ matters or otherwise. MOTOROLA, however, may assist in the preparation of the Iiceinse Motorola Exhibit A, General Provisions 8 application at no charge to the PURCHASER. PURCHASER acknowledges that proje;t implementation is predicated on receipt of proper FCC licensing. SECTION 10 INDEMNIFICATION MOTOROLA agrees to and hereby indemnifies and saves PURCHASER harmless fromdl liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, ,>r recovered from the PURCHASER by reason of or on account of damage to the property of n e PURCHASER or the property of, injury to, or death of any person, when such damage or injury s caused by MOTOROLA'S negligence or that of its employees, subcontractors, or agents whjl,~ c n the premises of the PURCHASER during the delivery and installation of the communicaUor s equipment. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL 0=1 CONSEQUENTIAL DAMAGES. SECTION 11 EQUIPMENT COMPATIBILITY MOTOROLA agrees that the equipment, will perform in accordance with the specifications ard representations stated in MOTOROLA'S Proposal and Equipment List included in th s Agreement. This Agreement does not extend to the performance of the equipment as a part of a larger system generally nor specifically to equipment in combination with products, elements C Ir components not supplied by MOTOROLA. SECTION 12 WARRANTIES A. MOTOROLA represents and warrants that all products, software, and items delivered Ul1dl'r this Agreement conform in design, materials and workmanship to the approprial e MOTOROLA Technical Specifications. MOTOROLA further warrants that its product;, software, and other items will interact according to the specifications contained in Exhibits::; and D. Successful completion of the ATP shall constitute full compliance with and fulfillrnellt of this warranty. B. Hardware Warranty: MOTOROLA radio communications products are warranted to be fre 3 from defects in material and workmanship for a period of ONE (1) YEAR, except for crist 1I devices, channel elements, high stability oscillators (other than reference oscillators used f( r frequency synthesis which are warranted for one (1) year) and crystal filters, which al3 warranted for a period of TEN (10) YEARS from the date of shipment. Parts, including cry:;ta s and channel elements, will be replaced free of charge for the full warranty period and the labe r to replace defective parts will be provided for ONE (1) YEAR from the date of acceptance. 11 no event shall the warranty commence more than eighteen (18) months from the data ( f shipment. Thereafter, the PURCHASER must pay for the labor involved in repairing th 3 product or replacing the parts at the prevailing rates together with any transportation cha'g€ s to or from the place where warranty service is provided. This express warranty is extended bf MOTOROLA, Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the orinini III purchaser only, and only to those purchasing for purpose of leasing or solely for commerciell, industrial, or governmental use. C. Software Warranty: The warranty for software, if any, shall be governed by the separat 3 software license agreement set forth in Section 14. Motorola Exhibit A, General Provisions 9 D. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS AGREEMENT AR = GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH AR = SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLlE) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I-J NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL 0 ~ CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED B { LAW. E. In the event of a defect, malfunction or failure to conform to specifications established t y MOTOROLA, or if appropriate, to specifications accepted by MOTOROLA in writing, during the period shown, MOTOROLA, at its option, will either repair or replace the product or refund the purchase price thereof, and such action on the part of MOTOROLA shall be the full e><tel'lt of MOTOROLA'S liability hereunder. This warranty is void if: (a) the product is used in other than its normal and customary manner; (b) the product has been subject to misuse, accident, neglect or damage; (c) unauthorized alterations or repairs have been made, or unapproved parts used in th 9 equipment. F. This warranty extends only to individual products; batteries are excluded but carry their OWl separate limited warranty. Because each radio system is unique, MOTOROLA disclairr s liability for range, coverage, or operation of the system as a whole under this warranty. Nor- MOTOROLA manufactured products are excluded from this warranty, but subject to th 3 warranty provided by their manufacturers, a copy of which will be supplied to th3 PURCHASER on specific written request. G. In order to obtain performance of this warranty, the PURCHASER must contact i1s MOTOROLA salesperson or MOTOROLA at the address above in Paragraph B of this Seeliol and to the attention of Quality Assurance Department. SECTION 13 CONFIDENTIAL INFORMATION MOTOROLA proprietary computer programs will be released in accordance with the Softviar3 License provisions set forth elsewhere, if applicable. All other material and information (f confidential nature marked MOTOROLA PROPRIETARY and CONFIDENTIAL will be released cs necessary under the following conditions: (1) PURCHASER shall exercise reasonable and prudent measures to keep these items i 1 confidence. (2) PURCHASER shall not disclose these items to third parties without prior written permissior , unless MOTOROLA makes them public or PURCHASER learns them rightfully from sow'ce 5 independent of MOTOROLA, or it is required by law to be disclosed. Motorola Exhibit A, General Provisions 10 (3) MOTOROLA, where necessary, retains the right to prescribe specific security measures fllr the PURCHASER to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non-Disclosure Agreernelllt will be required. SECTION 14 SOFTWARE LICENSE AND WARRANTY MOTOROLA will, in the course of the transaction for the items of equipment identified in the Agreement, deliver to PURCHASER, on a licensed basis, one or more computer prograrr s (Product Program). Delivery of all Product Programs by MOTOROLA and acceptance of sama t y PURCHASER shall be made only under the terms and conditions as contained in Exhitit 3 attached hereto and made a part hereof. The terms and conditions of the License Agreement contained in Exhibit B shall survive the completion of the Agreement. SECTION 15 PATENT INDEMNIFICATION MOTOROLA agrees to defend, at its expense, any suits against PURCHASER based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright, ard 1 D pay costs and damages finally awarded in any such suit, provided that MOTOROLA is notifie d promptly in writing and at MOTOROLA'S request and expense is given control of said suit ard <.II requested assistance for defense of same. If the use or sale of any such product(s) furnishe d hereunder is enjoined as a result such suit, MOTOROLA, at its option and at no expens,:! 1 D PURCHASER, shall obtain PURCHASER the right to use or sell said product(s) or shall substtut e an equivalent product or products reasonably acceptable to PURCHASER and extend th s indemnity thereto or shall accept the return of said product(s) and reimburse PURCHASER thH fL II purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemni' Y does not extend to any suit based upon any infringement or alleged infringement of any patent I "r copyright by the combination of any product(s) furnished by MOTOROLA and other elements nlr does it extend to any product(s) of PURCHASER'S design or formula. SECTION 16 DISCLAIMER OF PATENT LICENSE Nothing contained in this Agreement shall be deemed to grant, either directly or by implicatioll, estoppel, or otherwise, any license under any patents or patent applications of MOTOROU., except that PURCHASER shall have the normal non-exclusive royalty-free license to use that s implied, or otherwise arises by operation of law, in the sale of a product. SECTION 17 WAIVER Failure or delay on the part of MOTOROLA or PURCHASER to exercise right or power hereundE r shall not operate as a waiver thereof. Motorola Exhibit A, General Provisions 11 SECTION 18 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State uf Florida. SECTION 19 ASSIGNABILITY The Agreement may not be assigned by either party hereto other than MOTOROLA may assi~n this order to one of its Subsidiaries as in the normal course of business. Motorola Exhibit A, General Provisions 12 EXHIBIT B MOTOROLA END-USER SOFTWARE LICENSE AGREEMENT This Software License Agreement is between Motorola, Inc. ("Motorola"), having an office at 1301 E:R;t Algonquin Road, Schaumburg, Illinois 60196, and __Febr~arLJ~ 1997 ("Licensee") located ,it Miami Beach, Florida 33139. 1. Scope. Licensee may acquire from Motorola's Land Mobile Products Sector ("LMPS") rad:) communication products ("Products") that contain embedded or pre-loaded Motorola software such as n a ROM, PROM, or EPROM, or other Motorola software provided on media such as a floppy disk, taplll, diskette, or CD-ROM. All such software (including Radio Service Software and FLASHport@ SoftwariB) s referred to as "Motorola Software." This Agreement contains the terms under which Licensee may UEe Motorola Software acquired from LMPS. 2. Grant of License. Motorola hereby grants to Licensee a personal, non-exclusive license undur Motorola's applicable proprietary rights to use Motorola Software in accordance with the terms of th s Agreement. 3. Limitations on Use. Licensee may use Motorola Software only for Licensee's internal busine~s purposes and only as described in the Motorola Software or Product documentation. Any other UEe t If Motorola Software is strictly prohibited and will be deemed a breach of this Agreement. Licensee may nllt copy, modify, adapt, merge with other software, reverse engineer, or disassemble any Motorola Softwal e for any reason, except that Licensee may make at most two copies of Motorola Software provided wi h infrastructure equipment for back-up purposes. Licensee must purchase a copy of Radio Servic e Software for each site at which Licensee uses Radio Service Software; Licensee may make one addition 1.1 copy for each computer owned or controlled by Licensee at each such site. Licensee may temporaril~ m e Radio Service Software on portable or lap-top computers at other sites. Prior to acquiring any Rad 0 Service Software or upon Motorola's request, Licensee must provide a written list of all sites Wilel e Licensee uses or intends to use Radio Service Software. Licensee must reproduce all Motorola copyrig It and trademark notices on all copies of Motorola Software. 4. Transfers. If Licensee transfers ownership of Products to a third party, Licensee may assign is rights to use Motorola Software (other than Radio Service Software and FLASHport@ Soft~lar,~) embedded in or furnished for use with those Products provided that (a) Licensee transfers all copies ,)f such Motorola Software to the new owner and (b) Motorola receives a transfer form (which Motorola ~ ill provide upon request) completed and signed by the new owner. Otherwise, Licensee may not transfl3r ,)r make available any Motorola Software to any third party. 5. OwnershiD and Title. Title to all copies of Motorola Software in any form, including all rights n patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively n Motorola. 6. Confidentiality. Licensee acknowledges that all Motorola Software contains valuable proprinta y information and trade secrets and that unauthorized dissemination, distribution, modification, reven e Motorola Exhibit A, General Provisions 13 engineering, disassembly, or other improper use of Motorola Software will result in irreparable hann 110 Motorola for which monetary damages would be inadequate. Accordingly, Licensee will limit acce~,s to Motorola Software to those of its employees and agents who need to use Motorola Software f, >r Licensee's internal business purposes, and Licensee will take appropriate action with those employeEs and agents to preserve the confidentiality of Motorola Software. 7. Maintenance and Support. No maintenance or support is provided under this Agreemert. Maintenance or support, if available, will be provided under a Motorola Software Maintenance and Suppc rt Agreement. 8. Limited Warranty. For the first 120 days after initial shipment of Motorola Software, Motoro a warrants that the Motorola Software, when used properly, will be free from reproducible defects th it materially vary from its published specifications. Motorola does not warrant that Licensee's use of n e Motorola Software or the Products will be uninterrupted or error-free or that the Motorola Software 01 t~e Products will meet Licensee's particular requirements. MOTOROLA'S TOTAL LIABILITY, il\N) LICENSEE'S SOLE REMEDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA'S OPTION, REPAIR OR REPLACEMENT OF THE MOTOROLA SOFTWARE OR PAYMEt\ T OF LICENSEE'S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO MOTOROLA FOR TH:: MOTOROLA SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE MOTOROLA SOFTWARE 13 EMBEDDED OR FOR WHICH rr WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRS T LICENSEE; SUBSEQUENT TRANSFEREES MUST ACCEPT THE MOTOROLA SOFTWARE "AS I~," AND WITH NO WARRANTIES OF ANY KIND. MOTOROLA DISCLAIMS ALL OTHER WARRANTIE:;, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AN) FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL 0 =t CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Term and Termination. Licensee's right to use Motorola Software will begin when License e sends a duly executed copy of this Agreement to Motorola, and either (a) Motorola returns a ful y executed Agreement to Licensee or (b) Motorola ships Motorola Software or a Product containirg Motorola Software to Licensee, and will continue in perpetuity unless terminated as follows. Licensee s right to use Motorola Software will terminate without notice upon a breach of this Agreement by Licen sef '!. In addition, if Motorola reasonably believes that Licensee intends to breach this Agreement with respe,:t to Radio Service Software or FLASHport@ Software, Motorola may, by notice to Licensee, termi1a19 Licensee's right to use such Motorola Software. Upon termination, Motorola will be entitled to immedia19 injunctive relief without proving damages and, unless Licensee is a sovereign government entit: " Motorola will have the right to repossess all Radio Service Software and FLASHport@ Softwan:~ i1 Licensee's possession. Within thirty days after termination of Licensee's right to use any Motoro'3, Software, Licensee must certify in writing to Motorola that all copies of such Motorola Software have bee n returned to Motorola or destroyed. 11. Notices. All notices, consents, and waivers permitted or required under this Agreement will b 9 deemed given upon receipt and must be delivered in writing to the addresses at the top of th s Agreement and, if to Motorola, to the LMPS Technical Assets Manager, Room 2305. Change of addre~ s must be in writing to the other party. 12. General Copyright Notices. The existence of a copyright notice on Motorola Software will not be construed as en admission or presumption that public disclosure of Motorola Software or any trade secrets associated with Motorola Software has occurred. Non-Motorola Software. Motorola may provide non-Motorola software to Licensee under the terms c. If separate license agreements with the owners of such software. Licensee will abide by the terms of these licenses. Causes of Action. Licensee must bring any action under this Agreement within one year after the caus e of action arises except that warranty claims must be brought within the 120-day warranty period. Waivers. No waiver of a right or remedy of a party will constitute a waiver of another right or remedy of th;.tt party. Assignments. Motorola may assign any of its rights or subcontract any of its obligations under th s Agreement, or encumber or sell any of its rights in any Motorola Software, without prior notice t) llr consent of Licensee. Entire Agreement and Amendment. This Agreement contains the parties' entire agreement regardir 9 Licensee's use of Motorola Software and may be amended only in a writing signed by both parties, eXGellt that Motorola may modify this Agreement as necessary to comply with applicable laws and regulatior s including FCC regulations. Governing Law. This Agreement will be governed by the laws of the United States of America to the extent that they apply and otherwise by the laws of the State of Florida. Gelber MOTOROLA, INC. Title: /7 .w /'./.. ,. By:'f~r~~ ' Name:0~/f'cI ~ /t;{./!~// fJA';b~ ~ /y'f 7 / By: Date: Date: March 7, 1997 ATTE~:J20 ~r P ~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Robert Parcher City Clerk 1It,~ * EQUIPMENT LEASE-PURCHASE AGREEMENT Lease Number: 20919 LESSEE: City of Miami Beach 1100 Washington Avenue Miami Beach, Florida 33139 LESSOR: Motorola, Inc. 1301 East Algonquin Road Schaumburg, Illinois 60196 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment descrilJel in any Schedule A now or hereafter attached hereto ("Equipment") in accordance with the following tel ms and conditions of this Equipment Lease-Purchase Agreement ("Lease"), 1. TERM. This Lease will become effective upon the execution hereof by Lessor. "he Term of this Lease will commence on date specified in Schedule A and unless terminated accorclinr to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continw~ Lntil the Expiration Date set forth in Schedule B attached hereto ("Lease Term"). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (her~in so called), including the interest portion, in the amounts specified in Schedule B, The Lease Payments ",ill be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Palm 3nt Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Sched Jle B. Any payments received later than ten (10) days from the due date will bear interest at the high 9st lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease PaY'llE lts will be absolute and unconditional in all events and will not be subject to any set-off, de"en5e, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it !\fill do all things lawfully within its power to obtain, maintain and properly request and pursue fund~ fr)m which the Lease Payments may be made, including making provisions for such payments to the ,~xt ~nt necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best effl rts to have such portion of the budget approved and exhausting all available administrative reviews ( nd appeals in the event such portion of the budget is not approved. It is Lessee's intent to make_eclse Payments for the full Lease Term if funds are legally available therefor and in that regard Les~ ee represents that the Equipment will be used for one or more authorized governmental or propl'iet ~ry functions essential to its proper, efficient and economic operation. 3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept he Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptanCE of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in thE fc rm provided by Lessor. 4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment I~a~ ed hereunder is being manufactured and installed by Lessor pursuant to the contract (the "Contra,:t") covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of he Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agrellm mt and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES fHA.T EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS I)R IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESS::E AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH J LL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL N)T ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITH ::R LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPEC!' \L, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF T-IE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROP:::RfY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. 1 Lessor is not responsible for, and shall not be liable to Lessee for damages relating to I ]s~ of value of the Equipment for any cause or situation (including, without limitation, governmental actil)n~ or regulations or actions of other third parties). 5. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained ir '!his Lease to the contrary, in the event the funds appropriated by Lessee's governing body or othelVl,ise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amoLl 1ts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fis:;al period for which appropriations were received without penalty or expense to Lessee of any k, nd whatsoever, except as to the portions of Lease Payments or other arnounts herein agreed upon for w~llch funds shall have been appropriated and budgeted or are otherwise available. The Lessee viII immediately notify the Lessor or its Assignee of such occurrence, In the event of such terminati m, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the d 3te of such termination, packed for shipment in accordance with manufacturer specifications and trei }ht prepaid and insured to any location in the continental United States designated by Lessor. Lessor viII have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstcmd ng the foregoing, Lessee agrees (i) that it will not cancel this Lease under the provisions of this Sectio I if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the fiscal period in which sl. ch termination occurs or the next succeeding fiscal period thereafter, and (ii) that it will not during the I_e.,se Term give priority in the application of funds to any other functionally similar equipment or services, This Section will not be construed so as to permit Lessee to terminate this Lease in order to acquire any otler equipment or to allocate funds directly or indirectly to perform essentially the same application for wh ch the Equipment is intended. 6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee i; a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) he interest portion of the Lease Payments shall be excluded from Lessor's gross income pursuant to S~ct on 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and b nd ng obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply wi1h he information reporting requirements of Section 149(e) of the Code, and such compliance shall include )ut not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrc ge bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done c ny act which will cause, or by omission of any act allow, this Lease to be a private activity bond within he meaning of Section 141 (a) of the Code; (viii) Lessee will not do or cause to be done any act which' viII cause, or by omission of any act allow, the interest portion of the Lease Payments to be or beco ne includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term, Lessee represents, covenants and warrants that (i) it will do or cause to be done all thir gs necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and bf (ue notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it I as sufficient appropriations or other funds available to pay all amounts due hereunder for the current fis ~al period. 2 7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipm~nt by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the even of termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Even of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that :he purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Less( r a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agnles that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agree:'; to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. 8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the Ise contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and ctlarqes arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will ke;~p :he Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to he Equipment without Lessor's prior written consent unless such alterations, additions or improvements n lay be readily removed without damage to the Equipment. 10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipm ~nt consists of rolling stock, its permanent base will not be changed from] the Equipment Location "vith Jut Lessor's prior written consent which will not be unreasonably withheld, Lessor will be entitled to er ter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipm ~nt or observe its use and operation. 11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease, Lessee shall pay, when due, all ctan les and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasi 19, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or meclSU 'ed by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the ri~ ht, but shall not be obligated, to pay said charges and taxes, If Lessor pays any charges or taxes, Les: ee shall reimburse Lessor therefor within ten days of written demand, 12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of less or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipm ~nt nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to me ,ke Lease Payments or to perform any other obligation under this Lease. In the event of damage to ani it ~m of Equipment, Lessee will immediately place the same in good repair with the proceeds of any inslral ce recovery applied to the cost of such repair, If Lessor determines that any item of Equipment i:; II'St, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace he same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum )f: (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Te rm as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of he Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and he Concluding Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of he Equipment which has suffered the Event of Loss. 3 13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Te m, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, vlith Lessor's prior written consent, Lessee may self-insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amcun of the then applicable Concluding Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured otnd Lessor or its assigns as an additional insured, and will contain a clause requiring the insurer to ~Iive Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or :he cancellation thereof, The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurallce renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event tlat Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee Nill promptly provide Lessor with written notice thereof and make available to Lessor all information ,lnd documentation relating thereto. 14. INDEMNIFICATION. Lessee shall, to the extent permitted by Section 768.28 of he Florida Statutues, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actic ns, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arisng in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possessi )n, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assi ~n, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease Jr,he Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or pe rm t it to be used by anyone other than Lessee or Lessee's employees, Lessor may assign its rights, title e nd interest in and to this Lease, the Equipment and any documents executed with respect to this Leo lse and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any sllch assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Leo lse inures to the benefit of and is binding upon the heirs, executors, administrators, successors and a;si!lnS of the parties hereto, Lessee covenants and agrees not to assert against the Assignee any claims or defenses ty \ 'ay of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor, No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name e nd address of each such assignee; provided, however, that if such assignment is made to a bank or tl Jst company as paying or escrow agent for holders of certificates of participation in the Lease, il sllall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessej U 1til Lessee shall have been advised that such agency agreement is no longer in effect. During the Leo lse Term Lessee shall keep a complete and accurate record of all such assignments in form necessal) to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to ti ne promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence he assignment, but Lessee will acknowledge such assignments in writing if so requested. After notice of such an assignment, Lessee shall name the Assignee as additional insured end loss payee in any insurance policies obtained or in force, Any Assignee of Lessor may reassig n . his Lease and its interest in the Equipment and the Lease Payments to any other person who, thereup )n, shall be deemed to be Lessor's Assignee hereunder. 4 16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of anyone or more of the following events: (i) Lessee fails to make any Lease Paymen'l (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such fai ure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any 0 her covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that :my statement, representation, or warranty made by Lessee in this Lease or in writing ever deliverecl by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any lTiah rial respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation s/lal be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any 0: its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenlty ,20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such E\ent of Default is continuing, Lessor may, at its opinion, exercise anyone or more of the following rernedl es: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Le :lse Payments due during the Fiscal Year in effect when the default occurs to be immediately due md payable, whereupon the same shall become immediately due and payable; (ii) by written noticE to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter u lOn the premises where the Equipment is located and take immediate possession of and remove the sa ne; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable fOI all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subl~a~ ing and for the difference between the purchase price, rental and other amounts paid by the purcha ier, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by l.es ;ee hereunder; and (iv) exercise any other right, remedy or privilege which may be available to it ur jer applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of his Lease or to rescind this Lease as to any or all of the Equipment. 18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Les:;eE to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which \Iith notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have tha r ~ht to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Les~or, on such date, the Lease Payment then due together with the Concluding Payment amount set forth oppo ;ite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any anc al of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, BXC apt that the Equipment is free and clear of any liens created by Lessor. 19. NOTICES. All notices to be given under this Lease shall be made in writing ,md mailed by certified mail, return receipt requested, to the other party at its address set forth herein 0 at such address as the party may provide in writing from time to time. Any such notice shall be deene< to have been received five days subsequent to such mailing. If sent to Lessee, notices shall be sen to each of the following parties: City of Miami Beach 1700 Convention Center Dr. Miami Beach, FL 33139 Attn: City Clerk City of Miami Beach 1700 Convention Center Dr. Miami Beach, FL 33139 Attn: City Attorney City of Miami Beach 1100 Washington Avenue Miami Beach, FL 33139 Attn: Telecommunication Manager, Computers & Communication If sent to Lessor, notices shall be sent to the following: Motorola Credit Corporation 1307 East Algonquin Road Schaumburg, IL 60196 Attn: Contract Administrator 5 20. SECTION HEADINGS. All section headings contained herein are for the conveniel ce of reference only and are not intended to define or limit the scope of any provision of this Lease. 21. GOVERNING LAW. This Lease shall be construed in accordance with, and gO\ien ed by the laws of, the state of the Equipment Location. 22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to he transaction contemplated by this Lease, 23. ENTIRE AGREEMENT; WAIVER. This Lease, together with the Delivery and Acceptalce Certificate and other attachments hereto, and other documents or instruments executed by Lessee << nd Lessor in connection herewith, constitutes the entire agreement between the parties with respect to he Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except v'ith the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease, The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereo' sllall not operate as a waiver of any subsequent breach thereof, 24. EXECUTION IN COUNTERPARTS. This Lease may be executed in S'~VE ral counterparts, each of which shall be deemed an original and all of which shall constitute but one alld he same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 19th day of February, 19 97 . ATTEST: (<~ ~<r ~ ~G~ Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION j4~ City ttomey ~/~7 Date 6 SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT Lease Number: 20865 This Equipment Schedule dated as of February 19, 1997 is being executed by MOTOROI A, INC. ("Lessor") and the City of Miami Beach, Florida ("Lessee"), as a supplement to, and is hercb) attached to and made a part of that certain Equipment Lease-Purchase Agreement dated as of February 19, 1997 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts, nd leases from Lessor under and pursuant to the Lease, subject to and upon the terms and condition:; Sl:t forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached equipment list. Delivery Location: Initial Term: 36 Months Commencement Date: 3/1//97 Lease Payments of $843,81 0.51 as outlined in the attached Schedule B, plus Sales/Use Tax of $( .011, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. By: LESSOR: Motorola, Inc. By: -Z'/' /7 . ~V/ /' .' .. '/ f/. .- // / /!.//', .)/ .-/1'/7-7,"/;/ /4 tdr~ ~ / APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION )A{ ~3/5/tJ City Attorney Date 02/1 0/1997 Pa~ile I City of Miami Beach, Florida Compound Period .......: Annual Nominal Annual Rate... : Effective Annual Rate.. : Periodic Rate .............. : Daily Rate ................... : 5.580 % 5.580 % 5.5800 % 0.01529 % CASH FLOW DATA Event 1 Loan 2 Payment Start Date 03/01/1997 03/01/1997 Amount Number Period End Dat,e 2,400,000.00 843,810.51 1 3 Annual 03/01/1 B9~j AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Loan 03/01/1997 1 03/01/1997 843,810.51 0.00 843,810.51 1997 Totals 843,810.51 0.00 843,810.51 2 03/01/1998 843,810.51 86,835.37 756,975.14 1998 Totals 843,810.51 86,835.37 756,975.14 3 03/01/1999 843,810.51 44,596.16 799,214.35 1999 Totals 843,810.51 44,596.16 799,214.35 Grand Totals 2,531,431.53 131,431.53 2,400,000.00 Balance 2,400,000.00 1,556,189.49 799,214.35 0.00 INITIAL INSURANCE REQUIREMENT: $2,400,000.00 Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lesser ( r its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in tl e above payment schedule. LESSOR: Motorola, Inc. By: By: Title: Mayor Title: Date: 3/6/97 Date: llt".. - ~_. . J .t>OLICY IS ISSUED BY THE COMPANY INDICATED BY "X" BEFORE THE COMPA.i"f'l .AME BELOW ~ Royal Insurance Company of o America (An Illinois Stock Co.) Safeguard Insurance Company o (A Connecticut Stock Co.) Royal Indemnity Company lID (A Delaware Stock Co.) Globe Indemnity Company o (A Delaware Stock Co.) Newark Insurance Company o (ANew Jersey Stock Co.) American & Foreign Insurance o Company (A Delaware Stock Co. ) BRANCH ADDRESS: 945 East Paces Ferry Road, Suite 1890, Atlanta, GA 30326 POLICY NO. RHD307175 RENEWAL OF New NAMED INSURED AND MAILING ADDRESS: City of Miami Beach (Name Incomplete - Refer to Endorsement Number 1) 1700 Convention Center Drive Miami Beach, FL 33319 POLICY PERIOD: From 06/01/96 to 06/01/97 PRODUCER: 10 DIRECT BILL I Royal Specialty Underwriting, :nc. Resurgens Plaza, Suite 1890 945 East Paces Ferry Road Atlanta, GA 30326 12:01 A.M. Standard Time at your MailinlI AJ dress above, IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGR~E WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. TIllS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. TIllS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PARTS PREMIUM COMM. lID Commercial Property PC86839 (0187) ,$ 98,840. o Commercial General Liability $ o Commercial Crime $ ~ Commercial Inland Marine MC86841 (0187) $ Included DO NOT WRITE IN TINTED AREA o Boiler and Machinery CLAIM NOTICE $ o Commercial Auto Please notify Royal Specialty Underwriting, $ Inc. of all claims o Farm ROYAL SPECIALTY UNDERWRITING, INC. RESURGENS PLAZA, SUITE 1890 945 EAST PACES FERRY ROAD ATLANTA, GA 30326 ATTENTION: CLAIM DEPARTMENT $ o $ o Premium is payable in installments: See endorsement. TOTAL POLICY ~ PREMIUM $ 98,840 * ee End. #1, End. #2, IL0017 (1185), IL0255 (0794) BUSINESS DESCRIPI'ION: Municipal Property THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, CO"'ERAGE FORM<S) AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE CO~RACT O~2.~I~- Coun"',,;"""', 08[13[96 By, lff;;.~~ r h Date Authorized Representati.. LI 86830 (0187) ./ / / Includes COpyrighted material of Insurance Services Office, Inc., with its permission, Copyright, Insurance Services, Inc" 1984, "orm 8038.G Oti 3 No. 15~5-0720 qev. ~.~3'.' 1993) Information Return for Tax-Exempt Governmental Obligations ~ Under Intemal Revenue Code section 1491el ~ See separate Instructions. (Use Form 8038-GC if the Issue pnce IS unoer $100.000.) If Amenaed Return, ct eCK here ~ '_ 2 Issuers employer loer tltlcatlOn numoer City of Miami Beach 3 Number ana street (or P.O. box It maillS not delivereo to street address I 1100 Washinqton Ave. 5 City. town. state. and ZIP cooe Miami Beach FL 33139 7 Name Ot Issue Room/SUite I 4 ~~rt f' Jmoer 6 Date of , ;sue 8 CUSIP t-umoer Type of Issue (check applicable box(es) and enter the issue price) I ;sue once 9 0 Education (attach schedule-see instructions) . 10 0 Health and hospital (attach schedule-see instructions). 11 0 Transportation , ., ;>.'irb cXri 12 XX Public safety, . ~ . ,J. . 13 0 Environment (including sewage bonds) 14 0 HOUSing . 15 0 Utilities 16 0 Other. Descnbe (see Instructions) ~ 17 If obligations are tax or other revenue anticipation bonds. check box ~ 0 18 If obli ations are in the form of a lease or installment sale. check box ~ )(X Descri tion of Obli ations $ 2~ 5a:>,~c30. OC :1- (dl Stated redemption pnce at matunty 2,75~,G N A inal Proceeds of Bond Issue includin Proceeds used for accrued interest . Issue price of entire issue (enter amount from line 20. column (c)) Proceeds used for bond issuance costs (including underwnters' discount) Proceeds used for credit enhancement . Proceeas allocated to reasonably required reserve or replacement fund Proceeds used to refund prior Issues Total (add lines 23 through 26) . .......".. Nonrefundina roceeds of the issue (subtract line 27 from line 22 and enter amount here) . Descri tion of Refunded Bonds com lete this art onl for refundin bonds 29 Enter the remai'ning weighted average maturity of the bonds to be refunded ~ 30 Enter the last date on which the refunded bonds will be called ~ 31 Enter the date(s) the refunded bonds were issued ~ IimtflI Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue . ~ _~' 1 I A 33 Enter the amount of the bonds deSignated by the issuer under section 265(b)(3)(B)(i)(llI) (small issuer _._',., '/A exception) . . ~ j- 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ~ _~ riA b If this issue is a loan made from the proceeds of anothe~ tax-exempt issue. check box ~ 0 and ent,ar he name of the issuer ~ and ~he date of the issue ~~ J / A 35 If the issuer has elected to pay a penal in lieu of rebate. cruJck box ~ O~ J I A Under penallles 01 Pef'lury. I declare that I have examined thiS retu"'m and accompanYing schedules ana statements. and to th'8 bfist 01 my knOWledge and belief, they are true, correct. and complete. 21 22 23 24 25 26 27 28 23 24 251 26 I _~r/A _~r/A n/A years Please Sign Here ~ I r Signature 01 officer Date ~ Type or pnnt name and tltle,_.. Cat. No. 63n3S ForM'! 8")38-G lRev, 5-93) For Paperwork Reduction Act Notice, see page 1 of the Instructions. 'u.s. G~ Prtmln; 0I'1Ice: 1 m - 343-0:W80t50 EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Scheduk A number 20919 dated 2/19/97 to that certain Equipment Lease Purchase Agreement number 20919 dated 2/ 19 /97 will be maintained by the Citv of Miami Beach. Florida, as stated in the Equipment Lease Purcha ;e Agreement. This insurance shall name Motorola. Inc. (Lessor) or its assignee as additional insured and loss payee for the term )f the Schedule A number 20919 dated 2/19/97 This insurance is provided by: Xl"ra ( J"l (f~'~-'7/'J,l-tl Name oNnsurance provider ./ JD c V3c-'x Icc' 0 Address of insurance provider Ch 1'2 i--- )0 fI e.. City, State and Zip Code --. n(', 6? G ;),C j -/LY' 0 7(; y- - c;-- ~ ~~ - 'b< C'C' ( Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 20919, City of Miami Beach. Florida he reb I certifies that following coverage are or will be in full force and effect Fire and Extended Coverage Amount Effective Expiration Policy 7 /, Date Date.,. Numb~r t!t f/ {' o"~ti" j-;,,,,,, r~/f ~ _ C tYll:;' It;, >",711-' In> r{ "'- ~~ ( -/-}V {U<l((!l"IPLW? Q., If CI /1 1/(( hi I/JL~ Type -+- SeL Q flc? c4 f,' ..f' Property Oamage Public Liability Its: Insurance Provider: Lessee: Its: ~;C47~-R (~" / " If/Sf, 'h16c-?/, 3/r/q 7 / / By: By: Date: March 6, 1997 Oate: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTlON 11ie ?j ') /97 Date CERTIFICATE OF INCUMBENCY I, ~ ~ w- r CtA., ~ do hereby certity that I am the duly elected 0 r (Secretary/Clerk of the Lessee) appointed and acting Secretary or Clerk of the City of Miami Beach. Florida, an entity duly organized and existing under the laws of the State of Florida that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certity that (i) the signatures set opposite their respective names and titles are their tme and authentic signatures and (ii) such officers have the authority on behalf of such entity to ente' into that certain Equipment Lease Purchase Agreement number 20865 dated February 19, ] 9~ 7 and Schedule A number 20865 dated February 19, 1997 , between the City of Miami BUC,h Florida and Motorola, Inc. Seymour Gelber (Person executing Lcase) Mayor Name Title IN WITNESS WHEREOF, I have executed this certificate and City of Miami Beach. Florida hereto this 6th day of March ,19~. By: ~ 0 ~ 'c r~clv- (Signature of Secretary/Clerk) Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION SEAL AAJ M/flli.:. 'L 15/47 ~~ STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with m understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of the City of Miami Beach, Florida? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification, 5. What is the expected source of funds for the payments due under the Lease fc r the current fiscal year and future fiscal years? Its: 6, 1997 Lessee: By: Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 11 M1JdL:. -s/5/c)7 City Affomey Oat TYPE II ANALOG SYSTEM UPGRADE WITH "ASTRO XTS3000 DIGITAL-READY" SUBSCRIBER PORTABLE RADIOS MIAMI BEACH, FLORIDA SPECIAL CONSIDERATIONS Motorola looks forward to working closely with the City of Miami Beach as it migrates its infrastructure and console control center to digital capability. Should the purchase of a different Motorola Management System become necessary for this digital infrastructure, the City may obtain a $200,000 credit toward this purchase with a trade-in of the Smartnet Interface Management System (SIMS II). This trade-in credit offer is extended until December 31, 1999. ;'f;? Motorola Eastern Division SMARTNET INFORMATION MANAGEMENT SYSTEM SIMS II ACCEPTANCE TEST PROCEDURE System 10: 160B System Name: City of Miami Beach Location: Miami Beach Date of Test: Motorola Representative: De,\x>ro~ bnva- VCtV1peR.. (Print Full Name) ~~-v~ (Signature) Customer Representative: ~L L. GOR.C-H'K.--:JULIA~ (Print Full Name) Version 1 ~~~~~ ( gnature) 1 LOGON COMMJ~~NIDS AIIND MAIN ME:NU 1 GENERAL The SMT software enables the user to perform various functions, including equipmert and status alarm reporting, adjustment of the system timing parameters, and channel activity status reporting. These functions are produced by an interactive system cont'ol program called GUARDIAN (GRD). 1.1 LOGON COMMANDS Access to the system manager control program is accomplished by entering a logon name and password. There are 5 logon names, each having different command capabilities. The following is a list of the logon names available and a description of the intended usage for each. LOGON BILLING DESCRIPTION This logon is used for those that will be down loading interconnect billing information. This logon enables access to all billing listing type commands. Default password: TRUNKING CONTROL This logon is used to perform the various SAC functions and to control usage of system resources. This is most often the logon used by the system manager Default password: TRUNKING MASTER The MASTER logon is used to access all system functions and has the ability to change the passwords for all other logons. Default password: $MASTER$ SYSTEM This is the logon normally used by service personnel. It gives access to all system functions required to analyze and maintain the system. Default password: TRUNKING Each of the logons has the liberty to change their passwords at any time, but only thn MASTER logon can eliminate the need for a password. This is done by setting a password to 'NULL'. versicn 1 MOtorola Systans Integration 2 LOGON COMM~I.NDS A~D MAIN IVIIE~U 1.2 MAIN MENU After logging on, the Main menu for SMT appears. The menu includes the followinU different options: * Central Interface Access * View Diagnostic Messages * View Central Database Backup Times * Setup Central & SMT Configuration * Logoff NOTE A user without setup privileges will not see option number 4, Setup Central & SMT Configuration. The Setup Central & SMT Configuration option is used to configure the SMT to worlk ',lith your particular system. This option allows three different parameters to be defined. . , These include defining the central site, the port connections connecting the centrals tel the SMT, and the users that can have access to the SMT. These parameters have already been defined for your system. The first option in the SMT Main menu, Central Interface Access, allows the user to communicate with the centrals. The majority of a user's time will be spent in this modl3. When this option is selected, the user must choose to communicate with the Main central, the Backup central, or both. Once the choice has been made, the user now interfaces with an interactive system control program called Guardian. The Guardian prompt is 'GRDA>' for the Main central and 'GRDB>' for the Backup. At this point tile 'e are several groups of commands that are available to the user. These groups of commands will be discussed in the next section. versicn 1 Motorola Systans Integration 3 SUMMAFilY OF COMMAND FUNCTI4I:)NS 1 DESCRIPTION From the Guardian prompt, the user can access various subsystems of commands. As the various subsystems are accessed, the system prompt chang-es from the Guardien prompt to a prompt unique to that subsystem. A few of the subsystems are listed be! ow along with a short description of their major function. The following sections will df~sl!:ribe each of these subsystems in further detail. Subsystem Function AUTH Establish, query, and/or change authorization tables for telephone interconnect CHAN Enable, disable, or check status of a channel or group of channels. DIAG Control how error messages are presented. PARM Examine/modify selected system time-out periods. , ".' , . . ~ SAC Examine / modify subscriber access control. versioo 1 Motorola Systans Integration 4 AUTHORIZATION COMM,ANDS O~'l}TH) 1. DESCRIPTION The Au authorization commands are necessary to build and modify memory tables containing unit IDs and talkgroup IDs authorized for telephone interconnect serviCB. The prompt for the Authorization subsystem is 'AUTH>'. There are several commands available to this prompt, some of which are 'ADD', 'DELETE', 'EDIT', 'LIST', 'STATU~', 'RESET', and 'QUIT'. *ADD Used to add a new unit 10 or Talkgroup to the authorization table. The format is "ADD 1 (6-digit 10 number)"or "ADD T(6-digit talkgroup number)" This entry prompts a series of questions which describe and limit the telephone intercCinrect feature. * DELETE Used to remove an existing unit or talkgroup 10 from the authorization table. The format is "DEL 1(6-digit unit ID)"or "DEL T(6-digit talkgroup 10)" * EDIT Used to change authorization parameters that are assigned to a particular unit or talkgroup. The format is "EDIT 1 (6-digit unit ID)"or "EDIT T(6-digit talkgroup ID)" The current interconnect parameters are listed, and the user is prompted to mike changes as desired. * LIST Displays the IDs of users and talkgroups that reside on the authorization table along with current parameter settings for each 10. 'LIST' can be used to displcY the entire authorization table, a single user or talkgroup 10, or a range of IDs. .* STATUS Used to enable or disable the authorization process. After the system is first turned on or after a loss of memory, the authorization status defaults to an inactive state. This state limits the calling capability of subscriber to landline culls to 7 -digit phone numbers. The command is entered as 'STAT' which causes the current status to be displayed. The user is then asked if he or she would Iiko tl) change the current status. Versim 1 Motorola Systems Integration 5 AUTHORIZATION COMMld'llDS VI~UTH) .'RESET Clears the authorization table, setting all parameters to the same state as when power was first applied to the system. ~"""> "~".,~ .'QUIT Used to exit from the Authorization processor and return to the Guardian pmrr pt. , ,,) Versim 1 M::>torola Systems Integration 6 ~~ ') CHANNEL COMM,I~NDS (C::H AN) 1 DESCRIPTION The Channel subsystem allows the system manager to enable, disable, or check tl'le current status of a particular channel or a group of channels. The prompt for the Channel subsystem is "CHAN>". There are several commands available from this prompt. The commands in this subsystem are entered as a sin!:JIE letter, rather than an entire word. The format for the commands is given by the singh! command letter, followed by either a specific channel number (S 4), a range of cha!.nr els (S 4-6), or the letter 'A' to indicate all channels (S A). Some of these commands are described below. * S Used to display the. status of a particular channel or group of channels. The following table is a list of the abbreviations used to define current device status: ENAB Enabled SW DIS Switch Disabled SMT DIS System Manager Disabled DIAG Testing MALF Malfunction DIS Disabled * E Used to enable a particular channel or group of channels. * D Used to disable a particular channel or group of channels. * P Used to protect a particular channel or group of channels. Protecting a channel is marking the channel so that the central will make it a last choice for servicing a Gall!! request The central will only select a protected channel if all other unprotected channels that could satisfy the request are busy. * U Used to unprotected a particular channel or group of channels. * Q Used to exit from the Channel subsystem and return to the Guardian pronpt Versicn 1 Motorola Systars Integration 7 DIAGNOSTIC COMM,I~NDS (1101 AG) The Diagnostics program controls how error messages are presented. The prompt for the Diagnostic program is DIAG>. Once in the program, there are 'fiv,13 different options. '-'- * AUTO Used to turn on the automatic printing of error messages. Messages will be printEid when they occur, whether or not the SMT.is actually logged on. * CLEAR Used to clear all error messages from memory. * MAN Used to tum off the automatic printing of error messages. After issuing this command, error messages are seen only when the 'PRINT' command is given, ard purged only when the 'CLEAR' command is given. * PRINT Used to print stacked error messages without clearing them from memory. * QUIT Used to exit from the Diagnostic program and return to the Guardian prompt Versicn 1 M::>torola Systems Integration 8 PARAMETER COMMANDS (PAFfM) 1 GENERAL The Parameter sub-system allows modification of selected system time-out periods, The ' command function has been enhanced to include specification of the number of consecutive assignments of a Talkgoup to the recent user queue. The prompt for the Parameter subsystem is P ARM>. There are several parameters available for modification, which are described in the paragraphs that follow. 2 CARRIER TIME-OUT Carrier Time-Out Period can be modified by typing the command 'C' followed by thl3 desired value. This parameter determines the time period for which an assigned voic. e channel remains unmuted and active, receiving only carrier. After the time-out expires, the channel assumes the disconnect phase. The default value for this parameter is C.5 seconds, but may be set to any value from 0.1 to 6.3 seconds. 3 FADE TIME-OUT Fade Time-Out Period can be modified by typing the command 'F' followed by the desired value. This parameter determines the time period for which an assigned VOiC3 channel remains active with no tones or carrier received. After the time-out expires, tle channel is de-assigned. The default value for this parameter is 1.2 seconds, but may be set to any value from 0.1 to 6.3 seconds. 4. MESSAGE TRUNK TIME-OUT Message Trunk Time-Out Period can be modified by typing the command 'I' followec by the desired value. This parameter determines the time period for which a voice chanlel remains active after receiving disconnect from the subscriber unit. After the time-out expires, the channel is de-assigned. The default value for this parameter is 1.0 seGO/llds, but may be set to any value from 0.1 to 6.3 seconds. 5. CARRIER MALFUNCTION TIMED OUT Carrier Malfunction Time-Out Period can be modified by typing the command 'MA' followed by the desired value. This parameter determines how long an interfering Gal rier must be present on a de-assigned channel before that channel is removed from SystE m use. The default value for this parameter is 50 seconds, but may be set to any value from 1 to 253 seconds. If this parameter is set to 254 seconds, the channel receiving interference will never be removed from system use. PARAMETER COMMANIDS Versim 1 Motorola Systans Integration 9 (PABM) 6 RECENT USER ASSIGNMENT Recent User Assignments can be modified by typing the command 'R' followed by thf! desired value. This parameter defines the maximum number of consecutive assignments of a talkgroup to the high priority recent user queue; This number can te adjusted to achieve a balance between message continuity and the monopolization of the system by a large user group. The default value for this parameter is 2 assignments, but may be set to any value from 0 to 255 assignments. 7 LINK TIMED OUT TO REMOTE SITE Link Timed out to Remote Site can be modified by typing the command 'L' followed b:' the desired value. This parameter determines the time period the Data Control Board (DCB) in the central controller waits before malfunctioning a remote site. The default value for this parameter is 15 seconds, but may be set to any value from 15 to 99 seconds. 8 MINIMUM FAILSOFT TIME Minimum Failsoft Time can be modified by entering the command 'MF' followed by thl'J desired value. This parameter determines the time period the system stays in failsoft after all conditions have been met for trunking. The default value for this parameter i~ . 0:30 seconds, but may be set to any value from 0: 10 to seconds. versicn 1 Motorola Systems Integration 10 SUBSCRIBER ACCESS CON"Tf:rOL COMMANDS (S..,~C) 1 DESCRIPTION The SAC commands are necessary to build and modify memory tables containing attributes associated with unit IDs and Talkgroup IDs that will be using the trunked system. The prompt for the SAC subsystem is SAC>. There are several commands available to this prompt, some of which are 'OPT' for Options, 'ACT' for Activate, tDEA for Deactiv:ite, 'E' for Edit, 'L' for List, 'ST] for Stats, and 'Q' for Quit. .. OPT Used to print the abbreviations for the user attributes that the system manager is allowed to modify. ..ACT Used to put an individual in the active records list. An individual or range of indivic. ual I Ds can be activated. · DEA Used to deactivate an individual record or a range of individual records. When Ii record has been deactivated, it can no longer be listed, modified or used until it is 'e- activated. Once an I D is re-activated, its attributes are replaced with default value;, therefore, this command should not be used to temporarily deny service to a unit. · EDIT Used to change the SAC attributes for an individual record or a range of individual records. The command line must be in a special format which includes the I D number of the unit or talkgroup, the parwneter which is to be changed followed by ts new value. More than one parameter can be changed at a time by listing them a.1I on one line of command text. · 'L1ST Used to display any record or related group of records. All records can be displaYI!d by simply entering 'L' without including any 10 specification after it. .'STA Used to report any lost records. The state of the SAC system (active/inactive) is a so reported, allowing the state to be changed. .'Q Used to exit from the SAC processor and return to the Guardian prompt. Versicn 1 Motorola Systans Integration 11 REPEATER ENABLE I DISAIII~LE 1. DESCRIPTION For trunked repeaters, Repeater Enable/Disable is a function of the System Manaf}e ' .and/or central controller.' -,' NOTE If a channel is disabled in an active site, that channel will be disabled for the entire system. 2. TEST Step 1. At the System Manager Terminal, select the Enable/Disable function ard activate the channel "on" and.. "off" Step 2. Check the operation of the unit under both conditions. Versicn 1 Motorola Systems Integration 12 MULTIPLE PRIORITY LEVELS 1. DESCRIPTION In addition to giving priority to recent users, Motorola trunked radio systems providf~ multiple levels of priority to allow system access to the most critical users during bus}, periods. Users and groups may be assigned a particular priority level and in the ever,t of a busy, channel requests are processed according to priority on a first come first sHrved basis. Assignment of priority levels can be controlled by the system manager via a System Manager's Terminal (SMT or through SIMS (with the proper software option)., One level of priority (tactical) can be assigned to a talkgroup via the CENTRA COM Series /I console. Three levels of priority are available on a Privacy Plus system; 5 levels on a SMARTNET I system; and 8 or more levels on SMARTNET /I Systems. An emergency call will always take the highest priority on a SMARTNETsystem (lor II). 2. TEST Step 1. Program the radios in talkgroup C with priority level 2 and program thl3 radios in talkgroup A and B with priority level 3. Step 2. Step 3. Step 4. Step 5. Disable all but one voice channel Key a radio from talkgroup A and hold the PTT key. Key a radio from talkgroup B then key a radio from talkgroup C. Release the PTT key from the talkgroup A radio.Talkgroup C should receive a callback tone. Versim 1 Motorola Systans Integration 13 - PTT 10 OISlPl.,A V 1. DESCRIPTION Push to talk 10 display is a SMARTNETfeature that allows a dispatcher to view the!! IDs of all callers as calls are being processed on the SIMS user station. When a call is processed, the control channel sends information which includesJhe individual 10 ami talkgroup of the caller. The radios alias must be entered into the SIMS database for the radio name to be displayed; otherwise, the radio 10 will be displayed. 2. TEST Step 1. Key up any radio in the system. Note which talkgroup mode has been selected. Step 2. The individual user 10 of the keyed radio will appear partition on the console display under the appropriate talkgroup. Siep 3. INp I.A T UseR,. -tz, V~ ~ I'::' rJ~me.. I N TO SJ:m S I U sete.. f12.ANs. rYl t fs S\mS dlfsfla.~s use.J2-. Nlfme. ',~I4-lq1 }J)wr Versicn 1 Motorola Systars Integration 14 EMERGENCY ALARM DISIPLAY 1. DESCRIPTION An emergency alarm is initiated from a portable or mobile by depressing a button Vilhil~h is solely devoted to emergencies. Once initiated, the radio unit sends a burst of data on the control channel to activate the emergency alarm. The dispatcher is immediately notified of the emergency status by a display of the subscriber unit alias on the SMARTNET Interface Management System (SIMS) user station. 2. TEST Step 1. Step 2. Step 3. Step 4. Step 5. Step 6. S1ef ,. Versim 1 Initiate the emergency feature on the subscriber radio. Verify the feature activation by observing the sub-scriber display "EMERGENCY" and hearing the audible "beep". Verify that the dispatcher receives the emergency message by the disp ay of the emergency status and ID on the console. The dispatcher will alsl:) be alerted of the emergency by an audible alarm. Hit F8 or F10 to end the dispatcher's audible alarm. F8 will also stop th 3 emergency message from flashing on the display. Hit Shift F10 to clear the alarm condition. This operation is only allovvec. when the audible alarm is off. If there are multiple alarms displayed, thll cleared alarm will be indicated. When all alarms have been cleared, thH Emergency Alarm Window on the dispatcher's display will be closed. Verify the radio returns to normal operation after the emergency has be:sn cleared. Test e..m~€Nc., bu:t1-0N 1RANS.rY'IS~1 o^.L 3fl}l~l7 J$ Motorola Systans Integration 15 SELECTIVE RADIO INIIHI BIT 1. DESCRIPTION Selective radio inhibit allows a dispatcher to deny an individual radio access to the trunked radio system over the air through commands sent via SIMS. Once inhibitel::J, :he radio is inoperable (cannot transmit or receive) on a trunked system until the dispatcher restores it to operation. Once the inhibit command is given, the system begins an immediate, continuous five minute search looking for the radio to be inhibited. An acknowledgment is displayed at the terminal to show successful or unsuccessful inhibit searches. The inhibit command might be unsuccessful if the radio was turne:!d )11, out of range of the system, or in the Emergency mode during the five minute searcl, time. If the initial high speed search is unsuccessful, the dispatcher can choose to abandon the search or select a passive search which is sent out if the SIMS receivl3s a transmission from the subscriber radio. 2. TEST Step 1. Step 2. Use SIMS to inhibit any subscriber unit in the system. Key the subscriber unit which has been inhibited. Notice that the unit is inoperable. Step 3.. Cancel the "Inhibit" command for the disabled radio by the SIMS "XINHIBIT" command. Key the subscriber unit to show that it is again operable in the system. Versim 1 M:>torola systems Integration 16 DYNAMIC REGROUII:JIIII"G AND STORM PLANS 1. DESCRIPTION Individuals from different talkgroups may need to be brought together to communicate in the case of special situations. Regrouping is an important system control tool which allows the dispatcher or supervisor to change the talkgroup assignment of an individual radio to accommodate changes in communication needs. The dispatcher or supervisor accomplishes regrouping by entering commands that ,an! transmitted by SIMS to a radio via the control channel. Acknowledgment of completed regrouping tasks is displayed at the terminal. Indicators on individual radio units alE!!rt the user that they have been regrouped with four audible beeps. On display radios, talk- group X will be displayed. From a radio with keypad activated talkgroup selection, a radio user can request to be cancelled from the regrouping mode by selecting talkgroup R and pressing his PTT. Regrouping assignments can be initiated rapidly, but not instantaneously. Radios to te regrouped must be turned on, in range and listening only to the control channel. Regrouping is best suited for planned activities or occasional changes from normal routines. It is not intended for immediate emergency responses such as high speed chases or for rapid deployments on a per incident basis. 2. TEST Step 1. Step 2. Step 3. Step 4. Step 5. versicn 1 Initiate a dynamic regrouping command from the SIMS terminal. Verify the acknowledgment of the regrouping by viewing the task windm~, on the terminal. Verify the radios have been regrouped by attempting to talk in the nevv talkgroup arrangement, and by viewing the talkgroup X on display radios" There should also be an audible beep on the regrouped radios. Attempt to request a regrouping cancellation by pressing R on the radiO keypad and keying the radio. The terminal should acknowledge the request. Cancel the regrouping command from the terminal and verify that the radios are now changed back to the original talkgroups. Motorola Systems Integration 17 1. REPOFITS DESCRIPTION The Reports Menu can be accessed after choosing menu option number 6 from thH Manager Main Menu, or by the Dispatchers when they enter the Reports commancL rhe menu, which is shown below, is used to identify which report the user would like to ViEW. 2. REPORTS MENU , '. ") , , 1. 2. 3. 4. 5. 6. 7. 8. 9. A. Inhibited Radios Inhibited Radios: Search in Progress Regrouped Radios Regrouped Radios: Search in Progress Failsoft Changes Selector Locked Radios Logged On Dispatchers Air Time Summary Air Time Transaction Immediate Logging There are four types of reports, as follows: * Search Completed Reports The reports from menu option numbers 1, 3, 5 and 6 provide the user, respecthi'ell, with a listing of which radios are currently inhibited, regrouped, set to a dynamic failsoft channel, or have their selector button locked. Each entry in these reports provides you with the radio name and the name of the dispatcher who applied the correspon~ing dynamic function command to the radio. * Search in Progress Reports The reports from menu option number 2 and 3 provide the user, respectively, a lis:ing of which radios are currently in an inhibit task and a regroup task. Each entry in these reports provides the user with the radio name and the name of the dispatGh~r who started the task. * Logged On Dispatchers Report This report from menu option number 7 lists all the dispatchers for which operator; are currently logged onto the SIMS II system. Versim 1 Motorola Systems Integration 18 REPCIIRTS * Basic Logging Reports These reports refer to menu options 8,9, and A. They are summaries of radio air traffic that has been received by SIMS. Versim 1 Motorola Systans Integration 19 ,~ }I ~ Ul ;i( ~i l:;) J: .:g I: l~ ,.... 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N N * * -... 11)- :t::C sw ....~ ~o @c !~ o l! g... ...~ (,)';"'>< G)E'" .- In o 1! ...Ol.c " e... ....0.- ~c~ "C. tUQ)'" ... -g ~ CD '- ._ Q.r- 0 ~~Q: .s~-8 ...~l! en Q. :J II) Q) Ol as 0. - ~ ... .... co co Statement of Work General Overview Motorola has assembled this document, called a Statement of Work (SOW), which is a narrative description of the work and resources to be supplied. It contains a summary level of project deliverables as to the output, approach, and content to deliver and install the Smartnet Upgrade for the City of Miami Beach. It is the intent of Motorola that this document represents the most current understanding of the system installation as requested by the City of Miami Beach. For changes during contract negotiations a Memorandum of Change will be incorporated for the Communications System Agreement. The SOW is based on the actual Work Breakdown Structures involved in the installation, what installation standards will be followed, and what Motorola is to take responsibility for in the completion of the contract for a successful integration of the Smartnet Upgrade for the City of Miami Beach. Precedence This document takes precedence in regard to questions in deliverables, installation, and responsibilities. Quality All Motorola installations will comply with Motorola's R-56 Quality Standards Manual Cut-over Motorola will work with the City to establish a mutually acceptable Method of Procedure (MOP) transition plan. This plan will outline both the technical and procedural guidelines to transfer operations to the relocated communications system. Motorola understands the communication needs of public safety and will diligently work to minimize or eliminate any down time. System Description The City of Miami Beach 800 MHz radio system as it exists today consists of a main transmit site with a redundant back up transmit site and two receive only voting sites. All voting audio processing and T-Bar switching equipment is located at the prime transmit site. The main and back up transmit sites also serve as receive sites for the voting system. The dispatch center is tied into the audio processing and T-Bar equipment located at the prime transmit site by a six site hot stand-by microwave system City of Miami Beach Page 1 The dispatch center operator positions are located on the fourth floor at the police department, and the Central Electronics Bank is located at the Prime Transmit Site. The dispatch operator positions are configured as remote operator positions. Data and audio for the operator positions are routed through the analog microwave system. The Smartnet Information Management System (SIMS) is located in the equipment room adjacent to the police dispatch center. The City currently has two local user terminals and two remote user terminals. Scope Motorola will furnish and install the necessary hardware / firmware to upgrade the City of Miami Beach Smartnet I system for Smartnet IIi operation. This includes the Fixed Network Equipment, Central Site Controller (CSC), Remote Site Controller (RSC), Centracom Series IT Central Electronic Bank (CEB) and Micor Transceivers Station Control Module (SCM). Motorola will replace the existing Smartnet Information Management System (SIMS) system with a new Smartnet II Information Management System (SIMS II). Site Hardware / Software Upgrades Motorola will upgrade the Prime and Back-up site Central Site Controller (CSC) hardware and firmware, and the Remote Site Controller (RSC) hardware and firmware at all sites. The methods and procedures to perform these upgrades will be thoroughly defined in the MOP Document Centracom Series IT Upgrade Motorola will upgrade the existing Centracom Series II equipment for Smartnet IIi operation. This will require the replacement of hardware and firmware within the Central Electronics Bank (CEB). Dispatch operator positions will not require hardware or firmware replacement As part of the upgrade, Motorola will reprogram all dispatch operator positions for Smartnet Type IIi operation. The methods and procedures to perform the Centracom II upgrade will be thoroughly defined in the MOP Document Smartnet Information Management System Upgrade Motorola has provided three SIMS II configuration options as part of this quotation. The Statement of Work (SOW) will be updated as to the final configuration of the SIMS II system. The methods and procedures to perform the SIMS IT upgrade will be thoroughly defined in the MOP Document City of Miami Beach Page Z Motorola Program Manager The Motorola Project Manager provides the following functions: o Has full responsibility for the successful completion of the project and will be the focal point for all communications between the City and Motorola o Will be responsible for the total project in accordance with the contractual schedule requirements and the technical and financial objectives of the contract o Will ensure any equipment or services purchased from Motorola subcontractors meets or exceeds the specifications set forth by the manufacturer. The equipment and services will be installed, optimized, and tested to ensure compliance with the specifications. o Supports the actual hardware implementation with proper documentation, guidance, and training. Motorola has a large staff of experienced system engineers, field technical representatives, system specialists, and radio technicians. For the duration of the installation and acceptance period, the Project Manager will use these resources as well as the resources of the Motorola plant organizations to design, build, install, optimize, and test the system Engineering Services Motorola Engineering Services will be provided as part of your overall system support.. The Engineer will analyze the specific operations of the system and tailor a transition program to have minimal impact on Public Safety operations. Specific services provided by Engineering include: o Engineering leadership from conception through acceptance. o Assistance to the City in determining the best possible transition plan. Add assistance in implementing the desired plan through detailed coordination with the Program Manager and Motorola Service Center. o Technical support and advice for the City during installation and optimization. o Set up and assistance in the implementation of system Acceptance Test Plans. City of Miami Beach Page 3 City of Miami Beach Responsibilities General Provide a single point of contact to Motorola who will represent the City in managing this project Provide security at all sites involved and assume responsibilities for any loss or delays resulting from any theft, vandalism or other acts of interference. Motorola Responsibilities General Provide a single point of contact to the City of Miami Beach who will represent Motorola in managing this project. Furnish and install the necessary hardware and firmware to upgrade the existing City of Miami Beach Smartnet Trunking Radio system to Smartnet n. Furnish and install a new Smartnet Information Management System (SIMS II). Project Limitations Motorola will not undertake this effort if any other changes or modifications to the system are ongoing. In addition. the City of Miami Beach must agree to not undertake any changes or modifications to the Radio System while Motorola's efforts are in progress. This proposal is based on Motorola working only normal business days during normal business hours. No provisions have been made for Motorola to perform any work on odd shifts, weekends, holidays, etc. Any requests for Motorola to accelerate schedule or work times or days other than regular business days and hours will require additional expense. The City of Miami Beach should be fully aware that in order upgrade the radio system, disruption to normal radio service will occur. These disruptions can include; reduced coverage area including a reduced ability for field units to talk back into the system, no system redundancy City of Miami Beach Page 4 which can result ill periods of Failsoft operation and no interconnect capability. These disruptions will exist during the hardware firmware updates to the fixed network and Central Electronics Bank equipment Motorola will assume no responsibility or liability whatsoever as a result of reduced system performance or capability during this project - ~.~ ': " --. .."-- City of Miami Beach Page 5 Project Schedule Once Motorola and the City agree upon a cutover plan for the upgrade, the Motorola Project Manager will provide a detailed Project Schedule. The schedule will incorporate both the Motorola and the City responsibilities and dates for implementation. The schedule will include, as a minimum: Contract start date Equipment ordering Equipment delivery Upgrade and Cutover Acceptance Testing Acceptance The schedule will also denote the agreed upon payment terms and warranty commencement dates. City of Miami Beach Page 6 ~ ~ ~ -' (.) ~ 5l t:: ~ :::> i: ~ 'II; ;t '" c ... ! ... a ill V) f5 :g !2 ~ ~ ~ 0 C Ii: ..~ <( I!) M r-- 6 r-- , .... o:t III .... 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'**' 0: L.U (:? <C "- >- ll. o U ~ ,:~ 2 ~:, 30(,) iii u :i~ w ~ 'Ii:: U W ',/I ::!: ':11 ~ 0 ~:ii W I- (I') en I~a en ::::l ~;5 ~ U }a 20 ;:2 ..:?::: i= <( 2 <i u g '" w lJl o t- v>' w Z t- 0 ;! ~ Ul U o ~ t- a: ti ~ ~ ~ !a " z X " t- 97 -000 :tOt -SGN SERVICE AGREEMENT 1. DEFINITIONS. "Motorola" shall mean Motorola, Ine.; "Customer" shall mean the customer naned in the Agreement; and "Product" shall collectively mean the Equipment and Software which Motorol 1 and Customer agree to be serviced pursuant to this Service Agreement. Such Product is listed on thf fr,mt of this Agreement. 2. ACCEPTANCE. The terms and conditions set forth on the front and reverse side of this Agre()ment is an offer to purchase Service by Customer which shall become a Service Agreement when acknowh'd:, ;ed in writing by Motorola's Service Department; and the banking, negotiation or other use of any paymen shall not constitute an acceptance by Motorola. It is agreed that Service shall be provided only on the :erms and conditions contained in this Agreement. Motorola shall not be bound by terms and conditil,ns in Customer's purchase order or elsewhere unless expressly agreed to in writing, Upon accep!:an:e by Motorola's Service Department, Motorola's interest in the Agreement is assigned to Motorola, Inc 3. SERVICE DEFINED. a. Motorola agrees to provide service for the Customer for the Product listed on the front sice ( ,f this Agreement. Such Product shall be serviced according to the terms and conditions on the frot t and reverse side of this Agreement ("Service"). The Service shall begin and end on the dates set fo th on the front side of this Agreement. Motorola shall also Service other Product manufaclur ,d by Motorola and purchased by customer during the term of this Agreement on the same term" and conditions set forth in this Agreement at the then current service fees for such Producl. Upon delivery of such other Product to Customer, service fees for Service of such other Product sl all be added to the billing cycle following expiration of the labor warranty on such other Product. ,n the event of loss, damage, theft or removal from Service of any Product, Customer shall immec iately report the loss damage, theft or removal in writing to Motorola. In this event, Customer's ohli, ;ation to pay service fees with respect to any such Product shall terminate at the end of the month in vhich Motorola receives such written report. b. Mobile Product shall be removed and reinstalled in different vehicles at Customer' s reque~;t f )r the service fee in effect at the time of Customer's request. Co This Agreement does not include service of any transmission hoe, antenna, tower or tower Ii!! hting, unless such work is described on the front side of this Agreement. Service shall include I:he labor and parts required to repair Product which has become defective through normal wear ar,d [sage. This does nol include consumab1es and their installation. Service does not include the,-er;lir or replacement of Product which has otherwise become defective, including, but not limit, ,d to, damage caused by accidents, physical or electronic abuse or misuse, acts of God, fires or other casualty. Service performed for non-covered repairs shall be billed at Motorola's above cc ntract rate applicable for such Service. Product under contract must be maintained in enviroill lental conditions as set forth in the Product specifications and damage resulting from enviroill lental conditions not conforming to the specifications is not covered by this Agreement. d. Where telephone hoes and Product are used in conjunction with Motorola maintained Pr lduct, Motorola shall have no obligation or responsibility for such telephone lines or Product hut shall, upon request, assist the Telephone Company in repairing such upon payment at the apprc priate above contract rate. e, Custorner shall indicate on the front side of this Agreement any Product which is intrinsic:aU V safe so that appropriate parts and procedures may be used to maintain such status. 97 -000001 -SGN f. At the expiration of twelve (12) months after the commencement of Service hereunder (or ,m~ time thereafter), if Product cannot in Motorola's opinion be properly or economically repaired, b{ cause (but not limited to) excessive wear, deterioration or unavailability of parts, Motorola al it; sole option, upon ninety (90) days prior written notice to Customer sent by certified mail, may elthl r: (1) remove such Product from this Agreement; or (2) may increase the price to Service such Prl ,duct. Customer shall have thirty (30) days from receipt of notice of price increase to object to such increase. If Customer properly objects to such increase, Motorola shall then have the opton to remove such Product from coverage by this Agreement. Customer's obligation to pay Servic ~ fees with respect to Product removed from this Agreement shall terminate at the end of the 1 lonth during which such Product is removed. 4. SERVICE STANDARDS. The Product shall be serviced by Motorola in accordance with the following standards: (i) Motorola parts or parts of equal quality shall be used; (ii) the Product st all be serviced at levels set forth in Motorola's product manuals; and (iii) routine service procedures pl'esl ribed from time to time by Motorola for its Product shall be followed. 5. TIME AND PLACE OF SERVICE. a. Service shall be done at the location specified on the front side of this Agreement. Where Ser'ice is to be performed at the location of the Product, Customer shall furnish shelter, heat, light and I ,ower at these locations. Customer shall notify Motorola immediately of Product failure, allow h1oorola full and free access to the Product, and cooperate fully with Motorola in Motorola' s servici~lg )f the Product. Waiver of liability by Motorola against Customer or other restrictions shall not be im )osed by Customer as a site access requirement. Customer shall allow Motorola full and free acnss :0 the Product. Customer shall allow Motorola to use necessary machines, communications, fac lities, featun~s and other product (except as normally supplied by Motorola) at no charge. Mohil€ 5 and removable Product shall be delivered by Customer as described in the "City of Miami Beach S ~rvice Plan". b. Hours of Service under this Agreement shall be the normal working hours, excluding holide ys, of Motorola's Service Center unless otherwise indicated on the front side of this Agreement I Ir the "City of Miami Beach Service Plan". 6. P A YMENTfI AXES. On or about the date each payment is due as set forth on the front sioe (,f this Agreement, Motorola shall send Customer an invoice covering the Service fees for the next Pa: 'ment Period. All other charges shall be billed monthly, and the Customer shall pay the amount of each it voice within forty-five (45) days of its date to the Motorola office designated by Motorola. Each invoiCl' s1 all be due and payable whether or not the Product is operating, and Motorola may terminate this Agre'~m ,nt by giving Customer sixty (60) days notice by certified mail if Customer defaults in its payment to Mol Jrola. Customer shall reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by authority of any Federal, State or Local law , r lIe or regulation with respect to the Service of the Product except Federal income and profit taxes of 1'110 :orola and State income and franchise taxes of Motorola. 7. RIGHT TO SUBCONTRACT/ASSIGNMENT. Motorola, with Customer's prior written consent, has the right to assign the rights and obligations u 1der this Service Agreement, and to subcontract in whole and in part Motorola's performance called for by th s Service Agreement. 8. REVISION OF FEES. Prior to an Anniversary of the "Expiration Date" indicated on the front ~,ide of this Agreement, Motorola may revise the Service fees set forth on the front side of this Agrecml nt by giving Customer written notice of the amount of the increase at least sixty (60) days in advame c f that Anniversary date. Upon receipt of any such notice, Customer may terminate this Agreement I n the 97-000001-SGN Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to Motorol" Sl nt by certified mail to the address indicated in this Agreement; otherwise the new fees shall become eff,~ct ve on the Anniversary date. In the event of such termination, all accrued and unpaid charges shall be du e and payable immediately upon termination. 9. AUTOMATIC RENEWAL. After the Expiration Date indicated on the front side of this AgreEment, this Agreement shall continue for successive additional periods of one (1) year, provided that ~ither Motorola or Customer may terminate this Agreement on the Expiration Date or any Anniversar:, of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address ind cated in this Agreement. 10. INTERRUPTION OF SERVICE. Customer shall notify the servicing agency in the event )f the failure of any Product. If the servicing agency fails to repair the Product within a reasonahle time, Custumer shall notify the Motorola office designated by Motorola. After said notice from the Custoner to the servicing agency and to the Motorola office designated by Motorola, Motorola shall be habh~ f( r any interruption or interference affecting the use or transmission through the Product maintained to the ,~xtent of a pro rata allowance based on the monthly service fee for the tirne such interruption or interfeTE' nce is attributable to the fault of Motorola or its subcontractor. Motorola does not assume and shall ha.re no hability under this Agreement for failure to provide or delay in providing service for the Produ( t due directly or indirectly to causes beyond the control of Motorola, including but not restricted to, act~: oj God, acts of the pubhc enemy, acts of the United States, any State, Territory of the United States, or any p< litical subdivision of the foregoing, or the District of Columbia, acts of failure to act of the Customer ib a ~ents, employees or subcontractors, fires, floods, casualty, epidemics, quarantine restrictions, strike~, f -eight embargoes, and unusually severe weather conditions or defaults of Motorola subcontractors du e I ) any such causes. 11. WARRANTY LIMITATIONS. EXCEPT AS SPECIFIED IN THIS AGREEMENT, MOI0LOLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMI1ATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR INCIDENT Al OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LA~,'. 12. FCC AND OTHER GOVERNMENT MATTERS. Although Motorola may assist in pnpa oation of the FCC hcense apphcation, Customer is solely responsible for obtaining any hcenses ~)r other authorizations required by the Federal Communications Commission ("FCC") or any other Fede-al State or Local governmental agency. Customer is solely responsible for cornplying with apphcable F=C rules and regulations and the apphcable rules and regulations of any other Federal, State or Local govemr lental agency. Neither Motorola nor any of its employees is an agent of Customer in FCC or other gove!"m lental matters. Motorola, however, may assist in preparation of the FCC hcense apphcation at no (ha 'ge to Customer. 13. ENTIRE AGREEMENT. Customer acknowledges that it has read and understands the tErm 5 and conditions of the Agreement and agrees to be bound by them, that it is the complete and conc usive statement of the agreement between the parties and that this Agreement sets forth the entire agre ~ment and understanding between the parties relating to the subject matter hereof and all understandin~ 5 and agreements, oral and written, heretofore made between Motorola and Customer, are merged i 1 this Agreement which alone fully and completely expresses their agreement. 14. AMENDMENT. No modification of or additions to this Agreement shall be binding upon 1\110 :orola unless such modification is in writing and signed by the Motorola Division Service Vice l're:ident authorized to make such revisions and an authorized agent of Customer. 97 -OOOJO< -SGN 15. VALIDITY. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that term or provision shall be inoperative ,md void insofar as it is in conflict with law, but the remaining terms and provisions of this Agreempnt shall nevertheless continue in full force and effect and the rights and obligations of the parties shIll be construed and enforced as if this Agreement did not contain the particular term or provision hdd to be invalid, void or unenforceable. 16. HEADINGS. Section and paragraph headings used in this Agreement are for convenience only at dare not to be deemed or construed to be part of this Agreement. 17. LAW. THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHA.L ~ BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAW OF THE STATE OF FLOR DA. 18. ASSIGNMENT. No assignment or transfer, in whole or in part, of this Agreement by Customel shall be binding upon Motorola without its prior written consent. 19. WAIVER. Failure or delay on the part of Motorola or Customer to exercise any right, pOVl er or privilege under this Agreement shall not operate as a waiver of any right, power or privileg'~ < f this Agreement. 20. LIMITATION OF LIABILITY. Limitation of Liability. Notwithstanding any provision tD the contrary, Motorola's total liability whether for breach of contract, warranty, indemnity, negligence, strict liability in tort or otherwise, is limited to the price of the particular products or to twelve (12) mon:hs of services sold hereunder with respect to which losses or damages are claimed. IN NO EVEI\T NILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMEF CIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER INCIDENTAL, SPECIAL OR CONSEQUE!\ TIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. The parties have caused this Agreement to be executed by their duly autho'ized representatives as of the latest day and year written below: :ty OfxMi~h Name: NeiS~in :Otorol~JjJ ~ Name: Garel Curry Title: Mayor Title: Arca;;f;;&; Date: December 12, 1997 Date: ATTEST: ~JP~ Robert Parcher, City Clerk & DP~("'1ii., I . 'l,,'''-r:O IV .....,. l... _" "'.\.to,) ,< FO~' '. , ... ~ ..-,' I ..., ".,11 "'AGE .. .- . ." '\..1 & FOk iiXECUrlON JJ(~II-. ty rney f-~~/~ DC'~i' CITY OF MIAMI BEA~I[~H SERVICE PLAN Prcparcd by Stcvc Tromblllo - Account Manager Ocborah Oriver- Vamper - Accollnt Manager Submittcd On: Novcmbcr.f, 1997 CONTENTS I Definitions II Maintenance Support Organization III Maintenance Plan IV System Support Center Depot Repair Procedures V Excluded Services VI Spare Service Equipment VII Customer Responsibilities VIII Limitations of Warranty and Liability IX Payment for Extra Services X Subscriber Removal and Installation Pricing XI Preventative Maintenance Schedule XII Configuration Control and Database Plan XIII Training Attachment 1 Additional Terms and Conditions Attachment 2 Contract Duration and Pricing 2 PURPOSE STATEMENT MOTOROLA is pleased to submit to City of Miami Beach a maintenance plan to maintain hardware, firm, lare, materials, and workmanship for the City of Miami Beach 800 MHz Radio System. I. Definitions A. "System": shall be defined as the City of Miami Beach Communication System equipment as listed 01 the Motorola Service Agreement. B. "Hardware": one or more items of the communications equipment that comprise the City of Miami B:ach Communication System as listed on the Motorola Service Agreement. ' C. "Hardware Service": service to the City of Miami Beach Communication System hardware items (un ently maintained by Motorola, O. "Service": any system support service provided by Motorola or it's designated subcontractor pursuant to this Agreement. E. "Minor Failure": defined as any failurc which does not materially impair the performance of the s; 'ste m. If minor failures are not repaired within thirty six (36) hours it becomes a major failure. F. "Major Failure": defined as any failure which would negatively impact the normal operations oftte (ity of Miami Beach radio system. I. Loss of one (I) or more microwave sites: 2. Loss of one (I) or more transmitter sites: 3. Loss of one (I) or more repeaters: 4, Loss of any controller: 5, Loss of one (I) or more consoles: 6, Noisc problems affecting one (I) or morc channcls: 7, Failure of the Smartnet Information Managcmcnt System (Sims II) or: 8, Systcm is operating in Failsoft modc. G "Failure": any malfunction of thc Systcm. whcther major or minor. H. "Loss": total, partial or intermittent impairment. I. "Response Time": The response timc required for a Motorola maintcnance technician to initiatc dia ~nostics of (major) failed or malfunctioning fixcd cquipmcnt is two (2) hours aftcr notification of thc problem by :::ityof Miami Beach, This responsc timc of two (2) hours is 24 hours per day 7 days pcr wcck includilllg 1Olidays. J "Fixcd Equipment": All systcm cquipmcnt. non-movable backbonc and consoles and any equipmclt , ttachcd to a building as currcntly maintaincd by Motorola K "Subscribcr (Mobilcs and Portables) Equipmcnt" All vchicular installcd cquipmcnt and portablc rac 10 equipment including portablc radio battcry chargcrs if not attachcd to a building as currcntly mai lta ned by Motorola L. Motorola will providc service in accordancc with thc standards that wcrc mutuallv agrccd to and s:t j )rth in this scrvice plan If the City believes that Motorola is not perfofImng in compliance with thc standards s< t forth in this plan. the City will notify Motorola in wrillng of thc specific non-pcrformance. and authorizcd rc:, ,rcscntativc of both partlcs willmect to diSCUSS thcsc issucs Motorola \\ill thcn corrcct any non-perfonnancc \\1 hin 30 days of notification from the City. providcd. hmycvcr. if Motorola fails to do so. thc City may tcrminate th s agrccmcnt without incurring any carly termination chargcs ., II. Maintenance Support Organization A. Southern Division Support 1. Motorola has developed a maintenance plan and assigned a System Support Team to maintain th,: C ty of Miami Beach's radio system, This System Support Team is dedicated to the maintenance of the City ofMilmi Beach System, Motorola Southern Service Manager Garel Curry (770) 987-6414 Motorola Service Representative Steve Trombino (561) 241-7784 Motorola FSO Organizations Service Manager Lew Philips (3U5) 592-1825 Motorola FSO Organizations (primary C( ntact) Harold Richardson (3U5) 592-1825 Motorola FSO Organizations (Secondary Contact) Spero Carabelas (3U5) 592-1825 B. Depot System Support Services I) The System Support Center offers comprehensive service to Motorola Authorized Service Cen :ers at a single contact point 24 hours a day, 7 days a week. The SSC's consolidated services include: . Advanced remote diagnostics and remotc monitoring capability . Oispatching of qualified technicians . Escalation Management . Technical Consultation . State-of-the-art Automatcd Tcst Equipment . Componcnt-level board rcpair . Loaner and Exchangc program 2) Motorola's Systcm Support Ccntcr is organizcd and staffcd to providc dcpot-Icvel support for tiC Motorola Systcm Support Team assigncd to thc maintcnancc of thc City of Miami Bcach CommuniC<ltio lS Systcm. 4 III. Maintenance Plan The system support provided by Motorola's maintenance plan shall consist of Motorola's response to the Cu ;tomer's notification of a system failure or system alarm, equipment repair/failure and preventative maintenance. A. Maintenance for Fixed Equipment Customer generated service requests (fixed end backbone) wilI involve Oialing (800) 323-9949, 24 hOUl s a day, 7 days a week and providing the telephone operator with the City's system ID# MIAM02. Ouring nOl'mail business hours and after hours the telephone will be answered by Motorola Oispatch Operations of the Motorola ;ystem Support Center, The Oispatch Operations function evolves from a telephone dispatch center which is st Ufed 24 hours/day, seven (7) days/week to receive telephone requests for a number of different maintenance SUP) ,ort services via (800) 323-9949. The initiation of a service request establishes an electronic record of the request an i all subsequent actions with time/date and resource/support person involved through to the resolution oflhe event. Thus System Support Center personnel are empowered to act as the "focal-point" to manage and utilize pn:de ermined, resources and people in order to address any given customer situation, B. Service Request Processing All requests for service for the fixed end and microwave equipment (backbone) will be routed to Motorc ,a Dispatch Operations at (800) 323-9949. Upon receipt of a customer request for service by a Dispatch Ope ratio llS I 'perator, a Customer Service Request (CSR) will be initiated, The Service Center Oispatcher will then dispatch th, appropriate Field Technician. The Field Technician will report diagnostic initiation to the Oispatcher and the Cl:stc mer, After normal working hours Oispatch Operations will escalate to higher, field service management when pre( etermined goals or time frames have not been achieved to insure response times or restore times are met. Once rei airs are considered complete, the system field technician will calI the customer to request verification of repair. SITUATION MANAGEMENT ESCALATION PROCEOURES ESCALATIONS: "Escalation's" are the steps taken to expedite a repair by meeting certain goals within a ~ pecified time frame, The folIowing steps will be made to assure rapid recovery of the System, MINUTE 0 MINUTE + 15 Customer calIs (800) 323-9949 to report a failure or alarm, If there is no ETA received from the OIl-calI tech" dispatch opcrations wilI cscal8 te 1 ) the first name on the Escalation list. and continue through the list until the call is assign:d, Customcr wilI be calIed with an ETA by this time, Technician initiated diagnostics and rcpairs wilI begin, System is restored to service, MINUTE +30 HOUR +2 HOUR +4 5 City of Miami Beach Service Center Technical Contact List (Syst. Tech.) Harold Richardson Office (305) 592-1825 Pager (954) 810-1809 (Syst. Tech,) Office Pager Spero Carabelas (305) 592-1825 (954) 810-9842 (FSO Manager) Office Pager Lew Philips (305) 592-1825 (888) 381-0408 MOTOROLA to provide updates. as appropriate, The response time required for a Motorola maintenance technician to initiate diagnostics of any major fail ~d or malfunctioning fixed equipment is two (2) hours after notification of the problem by City of Miami Bea,:ho Motorola FSO Organizations or Oispatch Operations facility, This response time of two (2) hours is 24 hours per day 7 days per week including holidays. Thc rcstoration time for major failures is four (4) hours maximum after discovery or the City's notificaton to Motorola FSO Organizations or Oispatch Operations for all rcported major equipment failurcs, This requiremcnl m y be met by temporary or pcrmanent repairs or temporary or permanent equipmcnt replaccmcnt or use of system redun laney, If a tcmporary repair was made, a permancnt solution must be in place within (48) hours, Minor failures are t) be restored in a maximum of thirty six (36) hours or as agrccd upon by City of Miami Bcach. Minor restoration b; p. rformed 8 am - 5 pm Monday - Friday. () 1. Maintenance for Subscriber (Mobiles and Portables) Equipment Subscriber (Mobiles and Portables) equipment is vehicular-installed equipment and portable radiI' equipment including portable radio battery chargers if not attached to a building as listed on the Motorola SI rvice Agreement. Motorola will furnish all parts, materials, labor and test equipment required for the I. omplete maintenance of all Subscriber (Mobiles and Portables) equipment as currently maintained by r,t1ol Jrola, Mobile and portable batteries, antennas and physical abuse are excludcd, 1) Subscriber (Mobiles and Portables) Equipment Repair Procedures (A) Service During Normal Business Hours: (1) The customer delivers subscriber units to City of Miami Beach designated faciIit} for rcpair/scrvice during normal business hours Monday through Friday 8:00am - 5:IIOpm, (2) The Motorola Technician will: (i) Receive the equipment. (ii) Generate a work ticket describing the malfunction or services required. (iii) The Service Center Technician will box the defective radios and ship them to thl. Motorola Rockford Oepot for repair, This does not include mobile re-install and/or re-pro! ramming, (iv) When repaired radios are returned from the Rockford Oepot the Motorola techni,ian will verify the radios are properly repaired and notify the customer of the returned ra lios, At that time an appointmcnt will be providcd for reinstallation or pickup, (v) Subscribcr Programming: Thc Service Tcchnician will reprogram thc Subscribel Unit using the template approved by thc customcr. 7 IV. System Support Center Depot Repair Procedures MOTOROLA reserves the right to use the depot repair function. within the System Support Center, for"ep,lir of only those items that are: 1.) Not field repairablc 2,) Product group designated repair items 3,) Orop shipped items (non-Motorola manufactured items) A. Return Procedures The City of Miami Beach Communications System maintenance stratcgy is based upon providing tht: fi( Id technician with the resources required to rcsolve any site operational problem or outage primarily by m< dule or board replacement. To accomplish this goal efficiently, the City has provided an ample supply of spares that will assure a reduced turn around time for repair, All equipment that is repaired by the System Support Center (SSC) will be shipped to the following ad lress: Backbone - Motorola System Support Center 1311 East Algonquin Road Schaumburg, IL 60196 Subscriber- Motorola Radio SUppOl t Center 3761 So, Central Ave, Rockford, IL 6110 2 The Field Technician will return the faulty unit with a completed copy of the work ticket properly do:ur lenting all site specific outage information, Upon reccipt. the SSC Ocpot Repair will create a Systcm Support Centcr MCSC 8000 work ticket to tm :k the repair process of the faulty module, After thc modulc has becn repaircd and test cd by the SSC or an OEM v~nc or it will be returncd to the SSC FRU inventory, or. if applicable, the Motorola FSO Organizations, x V. Excluded Services A. Services to equipment such as the host computer not under current contract to Motorola, B. Services to hardware which has become defective through other than normal wear and usage such as but not limited to: I. Accidents, physical or electronic misuse or abuse, liquid damage, acts of God and fires; 2, Unauthorized attempts by the Customer or third parties to repair, maintain or modify the system; 3. Causes external to the system, including electrical power failure or anomalies, inadequate tempen ture or humidity control; or insufficient site grounding, C. Replacement, installation, maintenance or repairs of items which are consumed in the course of nom al operation of the System, such as cassettes, magnetic tapes, type elements and computer supplies, such as printel paper, 0, Relocating hardware or other equipment, or adding or removing accessories, attachments or other de rices. E. Services to the hardware or system which are necessary because of unauthorized relocation, reinstallCl jon, or other activities that have altered the hardware or system; or because of other unauthorized conneciOl of the hardware or system to other equipment, machines or devices; or because of unauthorized alterations 1 ) other equipment, machines or devices to which the hardware or system is connected, F. Services to hardware which is located in an environment that has become hazardous to the safety or t ealth of Motorola employees, agents or subcontractors, G, Electrical service external to the hardware H. Services to facilities, transmission line, antenna. tower, tower lighting, duplexers, combiner or mllti( oupler, that was not installed by Motorola. or is not on a Motorola Service Agreement. I. Equipment outages or damage that is caused by fire, flooding. lightning, commercial power surges v~ ndalism. physical abuse other acts of God and any other extcrnal influenccs, 1. Equipmcnt shclters HV AC compressors, tower paint and galvanizing. antennas. transmission Iinc~ af j battcnes that are not listed on the Motorola service agrccmcnt K. Computer supplics. such as printcr papcr. printcr ink, ribbons. or cartridgcs. print heads. magneti: s1 )ragc mcdia, l) VI. Customer-Provided Spare Sen'ice Equipment A Motorola will store spare Field Replacement Units (FRO'S) at local City of Miami Beach radio sites and/or at the Motorola Field Service Communications facility, B. The Spare Equipment may be exchanged for failed or defective hardware, and repaired hardware ma ' be used as spares, C. The Customer is responsible for the loss of or damage to spare FRO's, such as loaner units, in its pos ession. Where such loss or damage occurs, through no fault of Motorola or its agents or subcontractors, the I :ustomer shall bear the cost of replacement 10 VII. Customer Responsibilities A, The Customer shall notify Motorola of a Systern Failure or other need equipment service by callhg he service telephone number indicated: (800) 323-9949. B. The Customer shall have available and accessible to Motorola at least one staff person 24 hours a da: , who is authorizcd to act on bchalf of thc Customcr with regard to a Motorola service responsc, City of Miami Beach Escalation personnel list Office Pager Mr. Joe London (305) 673-7040 (305) 841-0622 Mr. Walt Coolidge (305) 673-7040 (305) 841-0620 Mrs. Phyllis Koch (305) 673-7040 (305) 870-9014 Customer to provide updates, as appropriatc, C The Customer shall control electrical power and telephone lincs at thc radio Sitcs, The Customer;ha I also control temperaturc, humidity and other site cnvironmcntal conditions in accordancc with the hardw Ire manufacturer's specifications, 0, The Customer shall coordinatc thc repair and maintenancc of all cquipment not covered by this d,)Cu luent. E. Thc Customer is responsiblc for all costs associatcd with any unusual method of conveyancc rcquircc to gain acccss to the service location, F. Thc Customcr shall provide to Motorola twenty-four (24) hour hIlI and frce acccss to thc systcm, Th: customer shall furnish electrical service to customer-owncd scrvicc locations, and shall permit Motorola to Lise ncccssary machincs, communications facilitics, featurcs and othcr cquipmcnt ncccssary to scrvicc or repair:hc City of Miami Bcach Communication Systcm, G, Thc Customcr shall provide Motorola, at Motorola's rcqucst. with information pcrtaining to thc h,lrd yare and Softwarc c1cments of any system with which thc Systcm is intcrfacing that is ncccssary to cnablc \10 orola to pcrform its obligations under this Agrccment. Motorola agrces to maintain thc confidcntiality of an: such information and shall sign a rcasonable confidcntiality agrccmcnt to that cffcct. if rcqucstcd by tl' C ( ustomcr H, The Customcr is solcly rcsponsible for obtaining any Iicenscs or othcr authoril.ations rcquircd by 1 hc Fcdcral Communications Commission (FCC) or any othcr FedcraL State or Local govcrnmcntal agcncy, ~ilth)Ugh Motorola may assist in thc preparation of licensc applIcations Thc Customcr is solely responsible f( r complying with applIcable FCC mles and rcgulations and thc applicable mles and rcgulations of any other Fedc raL State or Local govcrnmcnt agency Ncithcr Motorola nor any of Its cmployees is an agcnt of thc Customcr in FCC or othcr govcrnmcntal matters I. Thc Customcr is rcsponsible for proViding thc Field SCT\icc Tcam \vith changcs to thc fixed net\\(lrkhtabasc J Thc Customcr IS responsible for contactlllg and scheduling Preventative Maintenance Checks ou Sllb~:ribcr Units II VIII. Limitations of Warranty and Liability A. Motorola does not warrant labor, material or equipment supplied by City of Miami Beach or othe) co ltractors, unless listed on the Motorola Service Agreement. B. MOTOROLA DOES NOT ASSUME AND SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT FOR F AlLURE TO PROVIDE. OR DELAY IN PROVIDING, SERVICE DUE DIRECTLY OR INDIREC TL Y TO CAUSES BEYOND THE CONTROL OF MOTOROLA, ITS AGENTS AND SUBCONTRACTORS INCLUDING, BUT NOT LIMlTEO TO, ACTS OF GOO, ACTS OF THE PUBLIC ENEMY, ACTS OF THE UNITEO STATES, ANY STATE, TERRITORY OF THE UNITEO STATES, OR ANY POLITICAL SUBDIVISION OF THE FOREGOING. OR THE DISTRICT OF COLUMBIA, ACTS OF FAILlRE OUE TO ACTS OF THE CUSTOMER, ITS AGENTS, EMPLOYEES OR SUBCONTRACTORS, FIRES, FU 100S, EPIDEMICS, QUARANTINE RESTRICTIONS, STRIKES, FREIGHT EMBARGOES, AND UNUS JALL Y SEVERE WEATHER CONDITIONS 12 IX. Payment for Extra Sen'ices. A. Upon written request of City of Miami Beach and at the rates enclosed as part of this contract, or at 1 he )ublished rates in effect at the time of request performance, Motorola will provide the following extra services ane City of Miami Beach agrees to pay promptly upon completion of the service and receipt of the invoice for all su;h authorized extra services, 1. Reinstall any communications equipment at locations different from where originally installed, inc1uiing vehicles, 2, Repair and restore to normal operating condition any communication equipment not forming a part cf the system specified, but forming a part of the City of Miami Beach Communication system. 3. Make improvements in the City of Miami Beach communication system which are possible as a n:su:1 t of technological improvements, 4, Rewrite or reprogram Software, firmware, or replace hardware as a result of changes initiated by Cit') of Miami Beach B, If Motorola provides services other than during regular Hours of Service, or provides any services that a 'e otherwise not covered by this agreement, Motorola should charge for such services on a per call basis at the rat~s mclosed as part of this contract. Charges for such services shall include Motorola's travel time, expense portal tc po 1aL C, In the event Motorola is asked to perform repairs necessary to the proper operation of the City of Miami Beach Radio System that are not covered under the existing Radio Maintenance Contract, a separate blanket p'lrchase order will be issued by City of Miami Beach for invoicing the City for such repairs. u X. Removal and Installation Price Schedule for 1997 City of Miami Beach Installation and Removal Pricing Removal Installation Re-programming Mobile Radio Oash 30,00 100,00 50,00 & parts Mobile Radio Trunk 30,00 145,00 50.00 & parts Mobile Radio 30,00 22500 50 ,00 & parts Motorcycle Portables N/A N/A 50,00 & parts Convertacom 30,00 100,00 Siren 30.00 8500 Light Bars 30,00 165,00 Special Vehicles (Boats, Fire Trucks, Oump Trucks, etc,) will be quoted on a per installation/removal basis Installation pricing is based on services being performed at the City's location between the hours of8:0C' a, n. to 5:00 p,m., Monday through Friday, excluding holidays. Removals performed at the time of a installation will be billed at 1/2 of the above listed rate, Quantity discounts are available for ten (10) or more installations, The above installation pricing is for labor only and does not include parts, Installations that are not listed above rcquirc a quotation for numbcr of hours billed at contract labor rat<: bted beIO\\'. CONTRACT RATES for Installation work First half hour for normal hours: $45,00 Hourly rate for normal hours (Monday through Friday. 8:00 am to 5:00 p,m) $8000 pcr hour Hourly rate for aftcr hours (Monday through Friday, (Iftcr 5 :()() p,m) $120,O()()O per hour Hourly ratc for Saturdays: $ I 2 (),O() pcr hour Hourly r(lte for Sundays: $ I ()(),OO pcr hour 14 XI. Preventative Maintenance Procedures and Schedule Preventive maintenance procedures will be documented by a work ticket II ~ment Ty~ Interval :=::~ I_I'-.J I_II Semi- Euuioment Tvoe Daily Weekly Monthly Annuallv Art Check system diagnostics x Check microwave system alarms x Switch from primary to backup transmitter sites and return to primary x Check site RF system levels x Check Central Controller switch-over x Check and log mi~Towave meter readings x Check and log microwave power supply meter readings x Check and log mi~Towave receive signal meter readings x Check and log microwave battery charger meter readings x Check and log mi~Towave battery voltage meter readings x Check and log microwave TX power meter readings x Check and log mi~Towave TX frequency meter readings x Check all house keeping sensors x Perform system failsoft test x Rotate spare boards x Check console audio quality Check CEB audio levels Check CEB power supplies Check repeater TX deviation Check repeater TX power output Check repeater R.\: sensitivity Check controller power supplies Check base station TX deviation Check base station TX power output Check base station TX frequency Onsitc portable preventative maintenance check lual:=J x x x x x x x x x x x 15 XII. Configuration Control and Database Plan The service procedures to track changes in system Software, firmware and hardware arc as follows: A. The Field Service Team will establish an in-shop database showing the current version, date installed installing technician, and previous version dates. This would allow easy tracking of system problems caused by Software changes. B. A Software log will be maintained at each site dctailing the Software versions, any changes made at tie site, and problems or glitches that occur. C. At least one previous version of a Software program shall be stored for a period of time to allow v{'rifl ::ation of the new Software performance, D, All upgrades must be reported to, and recorded by thc Service Team Manager, It is crucial that tht:: St. rvice Manager is abreast of any and all system upgrades to insure consistency of Software/firmware version> from sitc to site and system to system., E. A Software/hardware upgrade report form will be established showing the current version, new versi< n, the reason for the update, sites involved, date installed, engineering contact and the results of the change. F, A detailed list of versions for critical hardware and all Software will be provided to the Service M.ma, ~er for creation of a database, G, It will be the responsibility of the Service Manager to be certain that all technicians on the project ha 'e the current Radio Service Software, Ie) XIII. Training Sufficient personnel have been trained to ensure that the City of Miami Beach Communication System has ;killed technicians available to provide continuous 24 hour, seven day a week, service for hardware and subscriber 'epair, restoration, preventative maintenance, systems diagnostics and troubleshooting. Technicians have been Itrai [led to service the existing equipment listed below: Smartnet Main Controller Spectra-Tac Voting Remote Site Controller Microwave - TX/RX Sims II Dispatch Console Trunked Systems As new products are added to the Motorola Service Agreement, the Motorola technicians will receive the arpropriate training, 17 Attachment 1 Additional Terms and Conditions The City of Miami Beach Maintenance Plan strategy is based upon providing the Motorola Field Techni,:ial(s) with the resources required to resolve any site operational problems or failures. To accomplish this goal efficientl.y a Designated Technician will be assigned to City of Miami Beach's Communication System, This technician(s) will be t Ie City's main and primary contact for service when a situation occurs. A. The City of Miami Beach will pro\<ide adequate Orive-in and service space located within City for the d\ ration of this contract. 1. This location will provide subscriber repair, removals/installations and support capabilities. B. Motorola will maintain the City of Miami Beach 800 MHz Radio System (as defined in the attachment 1\ lotorola service agreement) to Motorola System Standards as set forth in the manufacturers technical publication; and as recorded at time of installation or recorded upon system additions. Any request to deviate from these pl actices must be made in writing to the Motorola System Service Manager. Motorola will not be responsible for;ystem performance and reliability should said deviations conflict with established standards or procedures. C. Should any non-Motorola manufactured subscriber equipment used on the 800 MHz Radio System induce system malfunctions, said malfunctions and the correction thereof are not part of this agreement except as plOvijed under the attached service agreement. D. Motorola will respond to all failures outlined in this agreement where both the fixed-end and subscriber mits are part of the agreement. Where subscriber units are not part of this agreement fixed-end only failure resp< nse will be rendered, except as provided under section IX. E. Motorola will not be responsible for any adjustments or modifications made to the City of Miami Beat:h ::00 MHz Radio System performed by non-Motorola authorized personnel. F. Equipment can be added or deleted from this agreement by City of Miami Beach or Motorola upon 3C da yS prior written notice, Within 90 days of the expiration of warranty. Motorola provided equipment can be addec to this agreement at the City of Miami Beach rates without a pre-contract check out fee, 18 Attachment 2 Contract Duration and Pricing A. Contract Term: 3 Years (3 consecutive 1 year terms) Start Oate 10/1/1997 Expiration Date 9/30/2000 1, Purchase Order required yearly 2, Payrnent Cycle: Yearly 3, CPI increase per year to be capped at a maximum of (4%) per year B. Contract rate for Field Technicians (Harold Richardson): Hourly rate for normal hours (Monday through Friday, 8:00 am to 5:00 p,m.): $110.00 per hour Hourly rate for after hours (Monday through Friday, after 5:00 p.m.) $165,00 per hour Hourly rate for Saturdays: $165.00 per hour Hourly rate for Sundays: $220.00 per hour C. Equipment included (See Attached Motorola Service Agreement) Monthly Invoice as indicated below: City of Miami Bcach Attn,: Information Tcchnology Oept, 4th Floor 1100 Washington Avenue Miami Beach, FL 33139 (305) 673-7040 $12,119,54 (PerMonth) $323,59 (Annual payment discount - 2,S7~ ;1) 19