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Service Agreement with Motorola Solutions ® MOTOROLA SOLUTIONS SERVICE AGREEMENT 1299 E Algonquin Road Contract Number: USC000008219 Schaumburg, IL 60196 Contract Modifier: R29-APR-18 18:56:26 (800)247-2346 Date: 29-APR-2018 P.O.#: N/A Company Name: Miami Beach, City Of 1 Customer#: 1000200262 Attn.: Clarise Ferguson Bill to Tag#: 0042 Billing Address: 2310 Pinetree Dr 3rd Floor Contract Start Date: 01-OCT-2018 City, State, Zip Code: Miami Beach, FL 33140 Contract End Date: 30-SEP-2019 Customer Contact: Payment Cycle: MONTHLY Phone: Currency: USD • QTY MODELJOPTION SERVICES DESCRIPTION MONTHLY EXTENDED AMT "'Recurring Services""" $35,100.00 $421,200.00 Sub Total $35,100.00 $421,200.00 Taxes $0.00 $0.00 SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORN FOR PERFORMANCE Grand Total $35,100.00 $421,200.00 DESCRIPTIONS THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING TOTAL SERVICES INCLUDE:DISPATCH SERVICE,TECHNICAL JURISDICTIONS WHERE APPLICABLE.LUTINo BE VERIFIED BY MOTOROLA S SUPPORT, INFRASTRUCTURE REPAIR,ON SITE INFRASTRUCTURE RESPONSE AND NETWORK PREVENTATIVE MAINTENANCE.Advanced Replacement and Network Monitoring have been removed as they are no longer available on legacy radio systems. MOTOROLA WILL PROVIDE COMMERCIALLY REASONABLE EFFORTS ON END OF LIFE EQUIPMENT DEPENDENT UPON PARTS AVAILABILITY. ***The prices quoted via this service contract renewal are valid only until expiration of the current service contract. If Customer does not provide to MSI a valid,executed contract renewal and hard copy Purchase Order within 30 days of contract expiration,a one-time administrative fee equal to 5%of the subsequent years annual contract rate will be billed to the City of Miami Beach upon reestablishment of the expired service contract. Price with 5%Administration fee once delinquent=$17,550"" I received Statements of Work that describe the services provided on this Agreement.Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement,is incorporated herein by this reference. 1 I AUTHORIZED CUS•MER SIG ATURE— TIT E DATE •IM M�(� A4 0 roles CUSTOMER(PRINT NAME) i/ �t� G/ /(/� r„�,---- 2CESIONAL S22JICiJ /✓iFN.•p CIC 7 SI 18 MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE MATT BRENNEMAN '!v 3-745— y i 18 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name : Miami Beach.City Of Contract Number : USC000008219 Contract Modifier . R29-APR-18 18:56:26 Contract Start Date : 01-OCT-2018 Contract End Date : 30-SEP-2019 APPROVED AS TO FORM&LANGUAGE &FOR EX.ECUTION oilyA_tt HLF" DoteY. N\C- Rafael ,Graaad°,City ink to le N Jgp lit B.E1 144 _ y * INCOPP IOBMED 4 4gCH26M 2 Customer: Miami Beach, City of Effective: 10/1/2018 Contract Number: USC000008219 System Description 1 Master Site 1 Prime Site 4 Remote Sites 10 Channel 3 Dispatch Centers(PD, Parking, EOC) 2 Microwave Only Sites (first escelon only) Qty Equipment Description 33 Quantar Repeaters 10 AstroTac Comparators 2 MTC3600 Prime Site Controllers 4 MTC3600 Remote Site Controllers 1 MTR2000 VHF Base Station 7 TeNsr Channel Banks 5 Trak GPS Clocks 8 MC3000 Deskset Remotes 11 Gold Elite Consoles (8 PD, 2 EOC,1 Parking) All subscribers, microwave and FHAS repair is removed MOTOROLA WILL PROVIDE COMMERCIALLY REASONABLE EFFORTS TO REPAIR LEGACY RADIO SYSTEM, DEPENDANT UPON PARTS AVAILABLITY 3 Motorola Solution Service Terms and Conditions Motorola Solutions Inc. ("Motorola')and the City of Miami Beach ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1)maintenance, support,or other services under a Motorola Service Agreement, or(2)installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. 'Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. 'Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date"indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola' s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customers notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 4 Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the intemet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers)that will be available twenty-four(24) hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period.All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola)by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 5 Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability,whether for breach of contract,warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1)year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Except as may be required by Florida Public Records law, including without limitation Chapter 119, Florida Statutes Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing and except as may be required by Florida Public Records law, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright,trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises by Motorola at any time without restriction. Section 16. GENERAL TERMS 6 16.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect in which the Services are performed. 16.2. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 16.3. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 16.4. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.5. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses(each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a'Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 16.6. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 16.7. This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. 16.8. City may terminate this Service Agreement for its convenience,by providing Motorola with one month advance written notice for the termination of this Agreement. 16.9. Nothing in this Services Agreement shall preclude any Motorola employee from independently applying for any publicity posted or available position of employment within the City, nor shall any provision of the Services Agreement preclude City from hiring any applicant for employment at any time. Revised April2018 Y Custom Support Agreement City of Miami Beach SmartZone Legacy Radio System 8 ® MOTOROLA SOLUTIONS • This Statement of Work (SOW), including all of its subsections and attachments is an integral part of the Services Agreement or other signed agreement between Motorola Solutions, Inc. (Motorola) and Customer ("Agreement") and is subject to the terms and conditions set forth in the Agreement. Custom Support Agreement Description A Custom Support Agreement is designed for customers operating their SmartNet or SmartZone 4.1 system beyond December 31, 2016 ("End of Support Date") by extending support service for a limited time while preparing for system migration. By entering into this Agreement, Customer agrees to migrate to a release that is within the Standard Support Period of the Software Support Policy by the end of the Custom Support Agreement Term. The services described in this SOW will be performed in accordance with the Customer Support Plan(CSP)agreed upon by the parties. The CSP will define the system elements covered under this agreement. The division of responsibilities between Motorola and Customer shall be defined and documented in the Appendices of this SOW, the CSP and other portions of the Agreement. Customer Support Plan (CSP) Since individual customer technologies, systems, operating environments and operational capabilities differ, the outlined services approach in the Custom Support Agreement SOW will be adapted to each Customer's own environment and unique needs via the CSP. The CSP is a critical component of this SOW and, once created, will automatically become integrated into this SOW by this reference. Motorola and Customer will collaborate to define the Customer-specific processes,procedures,network information,and other relevant support details required to perform the Services set forth in the Custom Support Agreement SOW. Scope Services available under this Custom Support Agreement include: Technical Support, Network Hardware Repair,On-Site Support and Preventive Maintenance. Each of these services are expanded upon in the appendices A, B,C and D. This agreement provides an extension of support services on an annual basis beyond the end date of the Customer's current service contract term. ©Motorola 2016 Page 2 9 ® MOTOROLA SOLUTIONS MSI reserves the right to review this agreement annually to determine the viability of any and all support services contained in this agreement. MSI further reserves the right to reduce the scope of any service and/or any associated Service Level Agreements (SLAs)at any time without approval from the Customer. This contract will not auto-renew without a written agreement between MSI and the Customer. Due to the age of the SmartNet or Smartzone 4.1 system, all Services are provided using commercially reasonable efforts, and without guarantee that these services will resolve problems or restore operation of the network or products. Motorola Solutions reserves the right to cancel a service without notice which may become unavailable due to non- recoverable equipment failure. Software and hardware defect repair is limited to known issues under this Custom Support Agreement. Resolution to new defects requires the Customer to migrate to a currently supported technology platform and system release. No root cause analysis will be provided as part of this agreement. Software updates, system expansions, security patching and security monitoring are not provided under the Custom Support Agreement. See each individual services section for corresponding Service Level Agreements (SLAB), Limitations,and Exclusions. f9 Motorola 2016 Page 3 10 ® MOTOROLA SOLUTIONS Appendix A: Technical Support Statement of Work Motorola's Technical Support service provides telephone consultation for technical issues that require a high level of ASTRO 25 network knowledge and troubleshooting capabilities. Remote Technical Support is delivered through the Motorola Solutions System Support Center (SSC) by a staff of technical support specialists skilled in diagnosis and swift resolution of infrastructure performance and operational issues. Motorola applies leading industry standards in recording, monitoring, escalating and reporting for Technical Support calls from its contracted customers, reflecting the importance of maintaining mission critical systems. 1.1 Description of Technical Support Services Motorola Solutions System Support Center's (SSC) primary goal is Customer Issue Resolution (CIR), providing Incident Restoration and Service Request Fulfillment on Motorola's currently-supported infrastructure. This team of highly skilled, knowledgeable, and experienced specialists is available to the customer as an integrated part of the support and technical issue resolution process. Technical Support is available Monday - Friday 8:00am - 5:00pm local site time and 24 hours a day, 7 days a week for Severity 1 Incidents. Technical Support availability for severity 2, 3 and 4 incidents is outlined in the Severity Level Response Time Goals. Calls requiring incidents or service requests will be logged in Motorola's Customer Relationship Management(CRM) system. This helps ensure that technical issues are prioritized, updated, tracked and escalated as necessary, until resolution.Technical Support Operations assigns the impact level in accordance with the agreed Severity Level Definitions stated in this document. Motorola will track the progress of each case from initial capture to resolution. Motorola will advise and inform the customer of the case progress and tasks that require further investigation and assistance from the customer's technical resources. This service requires the customer to provide a suitably trained technical resource that delivers maintenance and support to the customer's system, and who is familiar with the operation of that system. Motorola provides technical consultants to support the local resource in the timely closure of infrastructure,performance and operational issues. 1.2 Scope Technical Support service is available Monday - Friday 8:00am - 5:00pm local site time and 24 hours a day, 7 days a week for Severity 1 Incidents. See Severity Level Definitions. 1.3 Inclusions Technical Support service will be delivered on Motorola sold infrastructure including integrated 3'a party products. ©Motorola 2016 Page 4 11 ® MOTOROLA SOLUTIONS 1.4 Limitations and Exclusions The following activities are outside the scope of the Technical Support service, but are optional services that are available to remote Technical Support customers at an additional cost: 1.4.1 Emergency on-site visits required to resolve technical issues. 1.4.2 Customer training. 1.4.3 Hardware repair. 1.4.4 Network transport management 1.4.5 Motorola services not included in this statement of work. 1.4.6 Any maintenance required as a result of a virus or unwanted intrusion is excluded. 1.5 Motorola has the following responsibilities: 1.5.1. Provide availability to the Motorola Solutions System Support Center (800- 221-7144), 24 hours a day, 7 days a week to respond to Customer's requests for Severity 1 support. Refer to Severity Level Response Time Goals for Severity 2, 3 and 4 response times. 1.5.2. Respond initially to Incidents and Technical Service Requests in accordance with the response times set forth in the Severity Level Response Time Goals section of this document and the severity level defined in the Severity Level Definitions section of this document. 1.5.3. Provide caller a plan of action outlining additional requirements, activities or information required to achieve restoral/fulfillment. Under the Custom Support Agreement, Technical Support Sen-ices will be delivered using commercially reasonable efforts and without guarantee that these services will resolve problems or restore operation of the network or products. 1.5.4. Maintain communication with the customer in the field as needed until resolution of the case 1.5.5. Coordinate technical resolutions with agreed-upon third-party vendors, as needed,depending on reasonable availability of third-party support. 1.5.6. Manage functionally escalated support issues to additional Motorola technical resources, as applicable. 1.5.7. Determine, in its sole discretion, when a case requires more than the Technical Support services described in this SOW and notify customer of an alternative course of action. 1.6. The Customer has the following responsibilities: 1.6.1. Provide Motorola with pre-defined information prior to contract start date necessary to complete Customer Support Plan(CSP). ©Motorola 2016 Page 5 12 ® MOTOROLA SOLUTIONS 1.6.2. Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager(CSM). 1.6.3. Contact the SSC in order to engage the Technical Support service, providing the necessary information for proper entitlement services. Including but not limited to the name of contact, name of customer, system ID number, site(s) in question, and brief description of the problem including pertinent information for initial issue characterization. 1.6.4. Maintain suitable trained technical resources that provide field maintenance and technical maintenance services to the system, and who are familiar with the operation of that system. 1.6.5. Supply suitably skilled and trained on-site presence when requested by the SSC. 1.6.6. Validate issue resolution prior to close of the case in a timely manner. 1.6.7. Acknowledge that cases will be handled in accordance with the times and priorities as defined in the Severity Level Definitions and in the Severity Level Response Time Goals section in this document. 1.6.8. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support. 1.6.9 Obtain at Customer's cost all third party consents or licenses required to enable Motorola to provide the Service. ©Motorola 2016 Page 6 13 ® MOTOROLA SOLUTIONS Severity Level Definitions The following severity level definitions will he used to determine the maximum response times: Severity Level Severity Definition Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of failure: • 33%of call processing resources impaired • Site Environment alarms: o Smoke, o Unauthorized access o Temperature o Power failure Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services consist of: Voice, data or network management). The following are examples of this kind of failure: C Less than 33%of call processing resources impaired L Failure of a single redundant component Severity 3 This is defined as a fault which reduces the functionality, efficiency or usability of core services(voice,data and network management)and there is a viable work-around in place. The following are examples of this kind of severity: C Intermittent faults that are infrequent and minor impact to core services C Statistical reporting problems Severity 4 This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: I Faults resulting in minor functions or features being unsupported or unreliable in ways that are not noticeable to the user. E Faults that have no impact in how the user perceives the system to work. L Cosmetic issues. I Requests for information. ©Motorola 2016 Page 14 ® MOTOROLA SOLUTIONS Severity Level Response Time Goals The response times are based on the defined severity levels as follows: Severity Level Response Time Goals Severity 1 A Motorola SSC Technician will make contact with the customer technical representative within one hour of the request for support being logged in the issue management system. Continual effort will be maintained to restore the system or provide a workaround resolution. Response provided 24 x 7. Severity 2 A Motorola SSC Technician will make contact with the customer technical representative within four hours of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM,excluding US Holidays. Severity 3 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM,excluding US Holidays. Severity 4 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM,excluding US Holidays. ID Motorola 2016 Page B 15 ® MOTOROLA SOLUTIONS Appendix B: Network Hardware Repair Statement of Work Motorola provides a hardware repair service for all of the Motorola and select third-party infrastructure equipment supplied by Motorola. The Motorola authorized Repair Depot manages and performs the repair of Motorola supplied equipment as well as coordinating the equipment repair logistics process. 1.1 Description of Services Infrastructure components are repaired at a Motorola authorized Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. 1.2 Scope Repair Authorizations are obtained by contacting the System Support Center(SSC) which is available 24 hours a day,7 days a week. Repair authorizations can also be obtained online via Motorola Online at haps://businessonline.motorolasolutions.com,under Repair Status/Submit Infrastructure RA. 1.3 Inclusions Network Hardware Repair is available on Motorola sold communication systems which may include some aspect of third party hardware and software. Motorola will make a commercially reasonable effort to repair Motorola manufactured infrastructure products for seven years after product cancellation. 1.4 Exclusions If infrastructure is no longer supported by Motorola, the original equipment manufacturer or a third party vendor, Motorola may return said equipment to the customer without repair or replacement. The following items are excluded from Network Hardware Repair: 1.4.1 All Motorola infrastructure hardware over seven (7) years from product cancellation date. 1.4.2. All Third party infrastructure hardware over two (2) years from product cancellation date. 1.4.3 All Broadband infrastructure hardware over three (3) years from product cancellation date 1.4.4 Physically damaged infrastructure. 1.4.5 Third party equipment not shipped by Motorola 1.4.6 Consumable items including, but not limited to, batteries, connectors, cables, toner/ink cartridges, tower lighting, laptop computers, monitors, keyboards and mouse. 1.4.7 Video retrieval from Digital In-Car Video equipment. ®Motorola 2016 Page9 16 ® MOTOROLA SOLUTIONS 1.4.8 Infrastructure backhaul such as: Antennas, Antenna Dehydrator, Microwave', Line Boosters, Amplifier, Data Talker Wireless Transmitter, Short haul modems, UPS] 1.4.9 Test equipment. 1.4.10. Racks, furniture and cabinets. 1.4.11. Firmware and'or software upgrades for Motorola, Third Party or Broadband infrastructure. Excluded from service agreements but may be repaired on an above contract, time and material basis.All UPS Systems must be shipped to IDO for repair. Note! Excludes batteries and on-site services 1.5 Motorola has the following responsibilities: 1.5.1 Enable Customer access to the Motorola call Center operational 24 hours a day, 7 days per week, to create requests for repair service. 1.5.2 Provide repair return authorization numbers when requested by Customer. 1.5.3 Receive malfunctioning infrastructure from Customer and document its arrival, repair and return. 1.5.4 Perform the following service on Motorola infrastructure using a commercially reasonable effort: 1.5.4.1 Perform an operational check on the infrastructure to determine the nature of the problem. 1.5.4.2 Replace malfunctioning Field Replacement Units (FRU) or components. 1.5.4.3 Verify that Motorola infrastructure is returned to Motorola manufactured specifications when possible. 1.5.4.4 Perform a box unit test on all serviced infrastructure. 1.5.4.5 Perform a system test on select infrastructure. 1.5.5 Provide the following service on select third party infrastructure subject to availability of third-party support and parts: 1.5.5.1 Perform pre-diagnostic and repair services to confirm infrastructure malfunction and eliminate sending infrastructure with no trouble found(NTF) to third party vendor for repair. 1.5.5.2 Ship malfunctioning infrastructure components to the original equipment manufacturer or third party vendor for repair service. 1.5.5.3 Track infrastructure sent to the original equipment manufacturer or third party vendor for service. 0 Motorola 2016 Page 10 17 ® MOTOROLA SOLUTIONS 1.5.5.4 Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning infrastructure has been repaired and functions properly in a Motorola system configuration. 15.5.5 Re-program repaired infrastructure to original operating parameters based on software/firmware provided by customer as required by section 1.6.7. If the customer software version/configuration is not provided, shipping times will be delayed. If the Infrastructure repair depot determines that the malfunctioning infrastructure is due to a software defect, the repair depot reserves the right to reload infrastructure with a similar software version. 1.5.5.6 Properly package repaired infrastructure. 1.5.5.7 Ship repaired infrastructure to the customer specified address during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, customer will be responsible for payment of shipping and handling charges. 1.6 The Customer has the following responsibilities: 1.6.1 Contact or instruct Servicer to contact the Motorola Solutions System Support Center (SSC) and request a return authorization number prior to shipping malfunctioning infrastructure. 1.6.2 Provide model description, model number and serial number, type of system, software and firmware version, symptom of problem and address of site location for FRU or infrastructure. 1.6.3 Indicate if infrastructure or third party infrastructure being sent in for service was subjected to physical damage or lightning damage. 1.6.4 Follow Motorola instructions regarding inclusion or removal of firmware and software applications from infrastructure being sent in for service. 1.6.5 Provide Customer purchase order number to secure payment for any costs described herein that are outside the scope of the existing Agreement between Motorola and Customer to which this SOW is attached. 1.6.6 Properly package and ship the malfunctioning FRU, at customer's expense. Customer is responsible for properly packaging the malfunctioning infrastructure FRU to ensure that the shipped infrastructure arrives un-damaged and in repairable condition. 1.6.6.1 Clearly print the return authorization number on the outside of the packaging. 1.6.7. Maintain versions and configurations for software/applications and firmware to install repaired equipment. ®Motorola 2016 Page II 18 • ® MOTOROLA SOLUTIONS 1.6.8 Provide Motorola with proper software/firmware information to reprogram equipment after repair unless current software has caused this malfunction. 1.6.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the infrastructure repair services to customer. 1.6.10 Obtain at Customer's cost all third party consents or licenses required to enable Motorola to provide the Service. 0 Motorola 2016 Page 12 19 ® MOTOROLA SOLUTIONS Appendix C: OnSite Support Statement of Work Motorola's OnSite Support service provides case management and escalation for onsite technical service requests. The service is delivered by the Motorola Solutions System Support Center(SSC) in conjunction with a local service provider.The SSC is responsible for opening a case for onsite support and monitoring the status of that case to maintain response time conformance. The terms and conditions of this Statement of Work(SOW)are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Services The Motorola SSC will receive customer request for OnSite service provider and dispatch a servicer. The servicer will respond to the customer location based on pre-defined Severity Levels set forth in Severity Level Definitions table and Response times set forth in Severity Level Response Time Goals table in order to restore the system. Motorola will provide case management as set forth herein.The SSC will maintain contact with the on-site Motorola Service Shop until system restoral and case closure. The SSC will continuously track and manage cases from creation to close through an automated case tracking process. 1.1 Scope OnSite Support is available 24 hours a day, 7 days a week in accordance with Severity Level Definitions and Severity Level Response Time Goals tables. 1.2 Inclusions Onsite Support can be delivered on Motorola-sold infrastructure. 2.0 Motorola has the following responsibilities: 2.1. Receive service requests. 2.2. Create a case as necessary when service requests are received. Gather information to characterize the issue,determine a plan of action and assign and track the case to resolution. 2.3. Dispatch a field servicer("Servicer")as required by Motorola's standard procedures and provide necessary case information. J Motorola 2016 Page 13 20 ® MOTOROLA SOLUTIONS 2.4. Provide the required personnel access to relevant customer information as needed. 2.5. Servicer will perform the following on-site: 2.6. Run diagnostics on the Infrastructure or Field Replacement Units(FRU). 2.7. Replace defective Infrastructure or FRU, as supplied by customer. 2.8. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the maintenance service. 2.9. If a third party vendor is needed to restore the system, the Servicer may accompany that vendor onto the customer's premises. 2.10. Verify with customer that restoration is complete or system is functional, if required by customer's repair verification in the Customer Support Plan. If verification by customer cannot be completed within 20 minutes of restoration,the case will be closed and the Servicer will be released. 211. Escalate the case to the appropriate party upon expiration of a response time. 2.12. Close the case upon receiving notification from customer or servicer, indicating the case is resolved. 2.13. Notify customer of case status as defined by the Customer Support Plan: 2.13.1 Open and closed; or 2.13.2 Open,assigned to the servicer,arrival of the servicer on-site, deferred or delayed, closed. 2.14. Provide Case activity reports to customer if requested. 3.0 Customer has the following responsibilities: 3.1. Contact Motorola,as necessary,to request service. 3.2. Provide Motorola with the following pre-defined customer information and preferences prior to start date necessary to complete Customer Support Plan (CSP): 3.2.1. Case notification preferences and procedure. 3.2.2. Repair verification preference and procedure. 3.2.3. Database and escalation procedure forms. 3.2.4. Submit changes in any information supplied in the CSP to the Customer Support Manager(CSM). 3.3. Provide the following information when initiating a service request: 3.3.1. Assigned system ID number. 3.3.2. Problem description and site location. 3.3.3. Other pertinent information requested by Motorola to open a case. 3.4. Allow Servicers access to equipment. 3.5. Supply infrastructure or FRU,as applicable,in order for Motorola to restore the system. 3.6. Maintain and store in an easily accessible location any and all software needed to restore the system. 3.7. Maintain and store in an easily accessible location proper system backups. 3.8 For E911 systems, test the secondary/backup Public Safety Answering Point (PSAP)connection to be prepared in the event of a catastrophic failure of a 01 Motorola 2016 Page 10 21 ® MOTOROLA SOLUTIONS system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.9 Verify with the SSC that restoration is complete or system is functional, if required by repair verification preference provided by customer. 3.10. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. 3.11. Obtain and provide applicable third party consents or licenses at Customer cost to enable Motorola to provide the Services. ®Motorola 3016 Page 15 22 ® MOTOROLA SOLUTIONS Severity Level Definitions The following severity level definitions will be used to determine the maximum response times: Severity Level Severity Definition Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of failure: • 33%of call processing resources impaired • Site Environment alarms: o Smoke, o Unauthorized access o Temperature o Power failure Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services consist of: Voice, data or network management). The following are examples of this kind of failure: - Less than 33%of call processing resources impaired — Failure of a single redundant component Severity 3 This is defined as a fault which reduces the functionality, efficiency or usability of core services(voice,data and network management)and there is a viable work-around in place. The following are examples of this kind of severity: ❑ Intermittent faults that are infrequent and minor impact to core services o Statistical reporting problems Severity 4 This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: Faults resulting in minor functions or features being unsupported or unreliable in ways that are not noticeable to the user. - Faults that have no impact in how the user perceives the system to work. Cosmetic issues. — Requests for information. Severity Level Response Time Goals m Motorola 2016 Page 16 23 ® MOTOROLA SOLUTIONS The response times are based on the defined severity levels as follows: Severity Level Response Time Goals Severity 1 A Motorola SSC Technician will make contact with the customer technical representative within one hour of the request for support being logged in the issue management system. Continual effort will be maintained to restore the system or provide a workaround resolution. Response provided 24 x 7. • Severity 2 A Motorola SSC Technician will make contact with the customer technical representative within four hours of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM,excluding US Holidays. Severity 3 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM,excluding US Holidays. Severity 4 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday RAM to 5PM,excluding US Holidays. ©Motorola 2016 Page 17 24 ® MOTOROLA SOLUTIONS Appendix D: Annual Preventive Maintenance Statement of Work The terms and conditions of this Statement of Work(SOW)are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. Annual Preventive Maintenance will provide an annual operational test and alignment, on the customer's infrastructure equipment (Infrastructure or Fixed Network Equipment or "ENE") to monitor the Infrastructure's conformance to specifications, as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated by this reference. 1.1 Scope Annual Preventive Maintenance will be performed during standard business hours (unless otherwise agreed to in writing). If the system or Customer requirements dictate this service must occur outside of standard business hours,Motorola will provide an additional quotation. Customer is responsible for any charges associated with unusual access requirements or expenses. 1.2 Inclusions Annual Preventive Maintenance service will be delivered on Motorola sold infrastructure including integrated third party products per the level of service as defined in PM Tasks Performed table. 1.3 Limitations and Exclusions Unless specifically described in Table I, the following activities are outside the scope of the Annual Preventive Maintenance service, but are optional services that are available to Annual Preventive Maintenance customers at an additional cost: 1.3.1. Emergency on-site visits required to resolve technical issues. 1.3.2. Third party support for equipment not sold by Motorola as part of the original system. 1.3.3. System installations,upgrades, and expansions. 1.3.4. Customer training. 1.3.5. Hardware repair and/or exchange. 1.3.6. Network security services. 1.3.7. Network transport. 1.3.8. Information Assurance. 1.3.9. Motorola services not included in this statement of work. 1.3.10. Any maintenance required as a result of a virus or unwanted intrusion is excluded. if the system is not protected against these security threats by Motorola's Pre-tested Security Update Service when applicable. 1.3.11.Tower mapping analysis or tower structure analysis 1.4 Motorola has the following responsibilities: C)Motorola 2016 Page 18 25 ® MOTOROLA SOLUTIONS 1.4.1 Notify the customer of any planned system downtime needed to perform this Service. 1.4.2 Advise customer of any issue that requires immediate attention. 1.4.3 Maintain communication with the customer as needed until completion ("resolution" implies a problem is being fixed) of the Annual Preventive Maintenance. 1.4.4 Determine, in its sole discretion, when a case requires more than the Preventive Maintenance services described in this SOW and notify customer of an alternative course of action. 1.4.5 Provide customer with a report documenting system performance against expected parameters along with recommended actions. Time allotment TBD. 1.4.6 Provide trained and qualified personnel with proper security clearance required to complete Annual Preventive Maintenance service. 1.5 The Customer has the following responsibilities: 1.5.1 Provide preferred schedule for Annual Preventive Maintenance to Motorola. 1.5.2 Authorize and acknowledge any scheduled system downtime. 1.5.3 Maintain periodic backup of databases, software applications,and firmware. 1.5.4 Establish and maintain a suitable environment(heat, light, and power) for the equipment location and provide Motorola full, free, and safe access to the equipment so that Motorola may provide services. All sites shall be accessible by standard service vehicles. 1.5.5 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager(CSM). 1.5.6 Provide site escorts in a timely manner if required. 1.5.7 Provide Motorola with requirements necessary for access to secure facilities. 1.5.8 Obtain at Customer's cost all third party consents or licenses required to enable Motorola to provide the Service. ®Motorola 2016 Page 19 26 ® MOTOROLA SOLUTIONS PM Tasks Performed 11 SMARTZONE Infrastructure Operational Check(where applicable) Repeater(s)(Quantar Only),Control Transmitter modulation, Station(s) RF power output/reflected RF Frequency Measured/adjusted Receiver Sensitivity Measured/Adjusted Audio Input&Output Levels Combiner& Circulator Loss Receiver Desense(Full Duplex Only) Check Power Supply Voltages Consoles Positions/Remotes(Gold Elite Audio Input&Output Levels CRT only -no Button&LED) Ethernet Operation CEB PS Voltage, and AC Ripple Switches, Lights, CRT CEB Signal Levels Wiring and Grounding for each Position Check and Clean keyboards,CPU.CRT's CEB Diagnostics Central Controllers, DIGITAC Comparators Central Controller and Power Supplies ®Motorola 1016 Page 20 27 ® MOTOROLA SOLUTIONS T Bar Switched Simulcast Controller Simulcast Remote Controller Distribution Amp DIGITAC Comparator Receiver Multi-Couplers Check for receiver to Comparator audio path. Check to see if equalization is required. Check for proper audio to Status Tone ratio Confirm that all Receiver RX Notch Filters are either IN or OUT GPS Roll to Redundant Receive Reference Module Frequency Standards(check 1 PPS, 5 MPPS, composite) Check Power Supply Voltages Site Equipment Audio Network Analyzer(Simulcast Only) Baseline Database Server(Simulcast Only) System Manager Terminal Site Test/System Calibration Equipment ®Mo orola 2016 Page 21 28 RESOLUTION NO. 2017-29900 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2017-006-AK, FOR A PUBLIC SAFETY RADIO NETWORK, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HARRIS CORPORATION ("HARRIS"), AS THE CITY MANAGER'S FIRST RECOMMENDED PROPOSER; AND, SHOULD NEGOTIATIONS WITH HARRIS BE UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MOTOROLA SOLUTIONS ("MOTOROLA"), AS THE SECOND RECOMMENDED PROPOSER; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND APPROVE THE TERMS OF A MONTH-TO-MONTH AGREEMENT WITH MOTOROLA FOR THE MAINTENANCE OF THE CURRENT SYSTEM UNTIL SUCH TIME AS A NEW SYSTEM IS IMPLEMENTED. WHEREAS, on October 19, 2016, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-006-AK, for Public Safety Radio Network (the"RFP"); and WHEREAS, the RFP was issued on October 24, 2016, with an opening date of February 15, 2017; and WHEREAS, on February 15, 2017, the City received proposals from Harris Corporation and Motorola Solutions, Inc.; and WHEREAS, on March 1, 2017, the City Manager via Letter to Commission (LTC) No. 119-2017, appointed an Evaluation Committee, which convened on March 13, 2017 to review and score the proposals received; and WHEREAS, the Evaluation Committee's evaluation of qualifications and scope resulted in the unanimous initial recommendation of Harris, as the top-ranked proposer, and Motorola as the second-ranked proposer; and WHEREAS, when cost points were added to the Committee's evaluation scores, the final ranking and recommendation resulted in a tie between Harris Corporation and Motorola Solutions, Inc.; and WHEREAS, the City Manager, having considered the recommendation of the Evaluation Committee and having further conducted his own due diligence with respect to the two proposals (as set forth in the Commission Memorandum attached and incorporated to this Resolution), hereby recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Harris, as the first recommended proposer, and should negotiations not be successful with Harris, enter into negotiations with Motorola, as the second recommended proposer; and WHEREAS,further, the City Manager recommends that the Mayor and City Commission authorize the Administration to finalize the terms of a month-to-month continuation of the current service agreement with Motorola until such time as a new system can be implemented. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the Resolution accepting the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 2017-006-AK, for a public safety radio network; authorize the Administration to enter into negotiations with Harris Corporation, as the City Manager's first recommended proposer, and, should negotiations with Harris Corporation be unsuccessful, authorize the Administration to enter into negotiations with Motorola Solutions, Inc., as the second recommended proposer; and, further, authorize the City Manager to negotiate and approve the terms of a month-to-month agreement with Motorola for the maintenance of the current system, until such time as a new system is implemented. PASSED AND ADOPTED this 7 day of /WIC, 2017. Philip Levin: ATTEST: 8 , • c; ,rr, Rat e9 l E. Granado, Cit "~a t"llo, ---4.-, . *'.INCORPIORATED' " i "4.1sikCH•26 F, APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorney Date Resolutions-R7 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 7, 2017 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2017-006-AK, FOR A PUBLIC SAFETY RADIO NETWORK, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HARRIS CORPORATION ("HARRIS"), AS THE CITY MANAGER'S FIRST RECOMMENDED PROPOSER; AND, SHOULD NEGOTIATIONS WITH HARRIS BE UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MOTOROLA SOLUTIONS ("MOTOROLA"), AS THE SECOND RECOMMENDED PROPOSER; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND APPROVE THE TERMS OF A MONTH-TO-MONTH AGREEMENT WITH MOTOROLA FOR THE MAINTENANCE OF THE CURRENT SYSTEM UNTIL SUCH TIME AS A NEW SYSTEM IS IMPLEMENTED. RECOMMENDATION Adopt the Resolution. ANALYSIS A public safety radio network is essential to the Administration's ability to provide the City's emergency responders with comprehensive radio communications, and with efficient, reliable technology, coverage,and functionality. The City desires to transition from its current Project-16 compliant Motorola SmartNet II configuration, and to embrace new, emerging radio technology that is in full compliance with industry-recognized Project-25 (P25) 700/800 MHz digital simulcast trunked radio network P25 is a suite of standards for digital radio commutations for use by federal, state, and local public safety organizations in North America developed through a coalition that included: Association of Public-Safety Communications Officials-Intemational; National Association of State Telecommunications Directors; National Telecommunications and Information Administration; National Communications System; National Security Agency; and the Department of Defense. As such, the Administration solicited proposals, by way of Request for Proposals (RFP) No. 2017-006-AK, for Public Safety Radio Network, from qualified proposers, to assist the Page 1353 of 1511 Administration in obtaining an enhanced digital radio communications platform, aligned toward full Project-25 compliance. On October 19, 2016, the City Commission approved the issuance of Request for Proposals No. 2017-006-AK, for Public Safety Radio Network (the "RFP"). On October 24, 2016, the RFP was issued.A mandatory pre-proposal conference to provide information to proposers was held on November 15 and 16, 2016. RFP responses were due and received on February 15, 2017.The City received a total of two (2) proposals from Harris Corporation, and Motorola Solutions, Inc.An Evaluation Committee appointed by the City Manager pursuant to LTC# 119- 2017 convened on March 13, 2017 to consider the responsive proposals received. The Committee was comprised of Steve Feldman, Lieutenant, CMB Police Department; Gina Ferguson, Assistant Director, CMB Department of Emergency Management; Lazard Guerra, Communications Manager, CMB Fire Department; Robert Hundevadt, Director of Public Safety, Miami Beach Convention Center, Spectra Venue Management (Retired MBPD Captain); Sarah Saunders, Code Compliance Manager, CMB Code Compliance Department and Mark Taxis,Assistant City Manager. The Committee was provided an overview of the project,information relative to the Citys Cone of Silence Ordinance, and the Government in the Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The RFP required that the Committee score and rank proposers in two areas: 1) experience and qualifications and 2) approach and methodology. The RFP also required that cost and Veteran's preference points be added to the Committee's scores for a final overall ranking. Scores for Qualifications and Aprp oach Table 1 included in Attachment A indicates the results of the Committee's scoring of 1) experience and qualifications and 2) approach and methodology.As Table 1 indicates, the Committee unanimously deemed the Harris proposal to be superior in the areas previously noted. Scores for Qualifications and Aoproach and Cost As required by the RFP, points for cost and Veteran's preference were added to the Committee's scores. No proposer was eligible for Veteran's preference points. Hams submitted an overall cost proposal totaling $21,962,508, and was awarded 10 points in accordance with the formula in the RFP. Motorola submitted an overall cost proposal totaling $14,374,996 and was awarded 15 points. Please note that both proposals exceed the City's current budget for a P25 system replacement. The addition of cost points to the Committee's scores resulted in a tie between the two proposers as noted in Table 2 included in Attachment A. The following is a brief summary of each proposer (based on information submitted in each proposer's response to the RFP: Harris Comoration Harris has over 80 years of experience providing mission-critical radio systems throughout the world. Harris has approximately$6 billion in annual revenue,supporting customers in more than 100 countries. Harris positioned to leverage its military communications expertise to bring the highest levels of durability, reliability and security to its public safety solutions. Harris' technology Page 1354 of 1511 approach is one of innovative and future-ready solutions, designed from valuable ideas and opinions given to it by first responders and dispatchers from all over the county (including South Florida). Furthermore, Harris has deployed more than 500 major radio systems all over the world, including the following local clients:Miami-Dade County; Coral Gables; Aventura; Collier County,and(most recently),the City of Miami. Motorola Solutions Inc Motorola Solutions, Inc. is a global leader in providing mission-critical communications solutions, products, and services for public safety and government customers. With a strong balance sheet, disciplined financial policies, and commitment to innovation, Motorola is well positioned to serve its customers, serving the public safety and government markets by providing wireless communications systems, products, and services for more than 85 years. Motorola has 14,000 employees worldwide. Over the last five years, the Motorola Solutions' project team deployed 19 large complex systems throughout Florida,including (but not limited to): Boca Raton; Boynton Beach; Delray Beach; Palm Beach County, St. Lucie County; Martin County; Plantation; Fort Lauderdale; Citrus Cohnty; Osceola County; Monroe County, Coral Springs; Sumter County, Lakeland; Highlands County; Hemando County, St. John's County; Seminole County and Orlando. The Committee's rankings and recommendations, as well as each proposal received, were submitted to the City Manager for his independent review and recommendation to the City Commission. CONCLUSION Having conducted an independent review of the proposals and having considered the results of the Evaluation Committee's review and rankings of the proposals and the information provided by the City's consultant on this project, I find that the proposal from Hams offers the overall best option for the City and the safety of our law enforcement and public safety employees for the reasons noted below. Above any other consideration, it is essential that the City's radio system assures the highest level of safety for the City's law enforcement and public safety personnel. In order to do so, the system selected must provide full interoperability with the systems utilized by the City's neighboring public safety agencies. Given the frequent interactions between our public safety officers and theirs, interoperability has always been a primary concern. For this reason,the RFP stated its requirement to achieve seamless roaming between the City's system and its neighboring jurisdictions (Section C-7.4, p.192). The law enforcement jurisdictions with which the City believes interoperability to be the most critical include Miami-Dade County (and the jurisdictions it services), City of Miami, City of Coral Gables, City of Aventura, and City of Hialeah.Aside from the City of Hialeah which has yet to select a P25 provider. all the other law enforcement jurisdictions named are on, or plan to transition to, Harris systems. In fact,after the City of Miami finalizes its transition to a Harris system, the only jurisdictions within Miami-Dade County that would remain on a Motorola system are the cities of Hialeah and Homestead. With regard to interoperability, the City's consultant has determined that, while a Harris system can interoperate with a Motorola system, and vice versa, there are certain beneficial features that are enhanced when interfacing between Harris to Harris, or Motorola to Motorola systems. Seamless roaming is one such feature. Seamless roaming refers to the ability for Miami Beach Page 1355 of 1511 personnel to automatically communicate with Miami Dade County or the City of Miami networks as soon as he or she enters the neighboring jurisdiction, without needing to make any manual adjustments. In other words, in seamless roaming all roaming across networks happens seamlessly in the background with no officer intervention. For example,in the event of a vehicle chase where an officer is traveling across a causeway towards another jurisdiction, the officer would only need to focus on the incident and not on transitioning from the City's network to another. in seamless systems of like manufacturers, the radio would automatically transition to the neighboring jurisdiction's system without any intervention by the officer and he or she would be able to communicate during the entire event with dispatch and other responding units with no action on his or her part. Without seamless roaming an officer would need to manually switch channels to the access the neighboring jurisdictions network. It is important to note that seamless roaming is not just Important to our officers when they cross the causeways (which is quite frequent), but also to the many officers from other jurisdictions that work on Miami Beach during many of our special events. With like systems the City can achieve much better coordination on both sides of the bay. • Further; in considering the rankings provided by the Evaluation Committee members (who reviewed each of the proposals submitted,and considered presentations by each team),as well as the questions posed by each committee member, every member of the Evaluation Committee, comprised of high level personnel from the Police, Fire, Code Compliance and Emergency Management Departments, found Harris's qualifications and technical proposal to be superior to Motorola's; and, therefore, unanimously awarded top ranking to the Harris proposal. Some of the comments provided by the Evaluation Committee members included the concerns over interoperability, as well as the added benefit of increased coverage reliability and connectivity to the dispatch center when units leave the City's coverage area. One evaluation committee member, when addressing the issues of interoperability with neighboring jurisdictions, referred to the potential for interoperability issues to create "dangerous and frustrating"situations for the officers. I have also considered the concerns and comments of the Chiefs of Police and Fire, who have determined Harris's proposal to be in the best interest of the City. Finally, while the City is intending to protect its investment and the quality of the services provided by the radio system now(and In the future)by requiring proposers to offer 5, 10, and 15 year warranty options, the success of any warranty is wholly dependent on the quality of the services provided by the warrantor. Whereas the City Code requires a consideration of the "quality of performance of previous contracts," City staff has expressed concerns over prior performance issues the City has experienced with the current radio system and Motorola's(the current vendor) performance in addressing these issues. Some of the issues include (but are not limited to): 1 . Ongoing issues with the functioning of the system, including situations that have been repeatedly misdiagnosed and, at times,for which no viable solutions have been presented. In some cases,the City has been required to create"work arounds" in an attempt to maintain continual communications necessary for officer and citizen safety. In some cases, officers have been left without audio and, essentially, unable to communicate with others. In other cases, the system would "lock up" for periods of time, creating an inability for emergency responders to communicate. 2 . Repeated errors in correctly diagnosing system malfunctions resulted in recommendations by Motorola that the City purchase additional Motorola products (at the City's expense). However, when the new products were implemented, the system Page 1356 of 1511 malfunctions continued. 3 . Motorola has been unable to meet a number of benchmarks regarding certain components of the existing system. Finally, as with any system of this magnitude, cost is a major consideration. The RFP required proposers to provide costs for the network, equipment, training and warranty/maintenance. For these items, Motorola submitted an initial price of$14,374,996, and Harris submitted an initial price of$21,962,506. However, upon further review by the City's consultant,it appears that both proposers provided cost proposals that were not consistent with the RFP. According to the City's consultant, Harris included optional items, and their respective costs, not required by the RFP. Additionally, Motorola did not provide costs for site facility upgrades, as required by the RFP. In short, it is difficult to precisely ascertain at this time what are the actual cost differences between the Harris and Motorola proposals. While costs for such a system is a major consideration, it is paramount that the radio system selected assures the highest level of safety and efficient operations for the City's law enforcement and public safety personnel, rather than simply be the lowest cost system. Therefore, I find that the proposal from Hams offers the overall best option for the City and the safety of our law enforcement and public safety employees.Accordingly, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate an agreement, pursuant to Request for Proposals No. 2017-006-AK (the RFP), Public Safety Radio Network, with the Harris Corporation; and directing the Administration to submit the finalized agreement for approval to the Mayor and Commission; and, further, authorizing the Administration to finalize the terms of a month-to-month continuation of the current service agreement with Motorola until such time as a new system can be implemented. It is my hope that during the course of negotiations, we will be able to significantly reduce the initial price. If we fail to achieve a satisfactory result, then I will return to the Mayor and City Commission for direction to negotiate with Motorola. 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