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Addendum Agreement between CMB & AT&T 202. 3 -32525 Docusign Envelope ID: 1 AF3D650-129B-4462-95F9-F8FB2CA7CFDB Attachment B at&t oC1 ++ Sales Contact Information MARTIN; ESTHER 305-582-9541 em6388@att.com eSign Fax Cover Sheet Contract Id: 1883127 To: AT&T Automated Fax Handling Service From: Fax: 877-374-4632 or 877-eSignFax Total Pages: 6 (Excluding Fax Cover Sheet) Or with Copiers I Scanners w!email, Send To: esign@att.com To sign via fax: 1. Sign, Title and Date the document where applicable, 2. Fax back documents in the following order: I. eSign Fax Cover Sheet for Contract Id: 1883127 II. All Pages stamped with Contract Id: 1883127 3. If there are additional documents, use the corresponding eSign Fax Cover Sheet(s) as separator(s)and Fax back as in 2.1 and 2.11. (see Picture below) r :44 , 4104 ak _ 1 MOINIMOMMI 111111 III II INIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Request Id:3160672 Contract Id: 1883127 Docusign Envelope ID:1AF3D650-1298-4462-95F9-F8FB2CA7CFDB Contract Id:1883127 20240820-6628 atat Addendum Agreement FL24-9000-01 Case Number FL24-9000-01 150578UA AT&T MA Reference No:150578UA CUSTOMER("Customer") AT&T("AT&T") City of Miami Beach For purposes of this Addendum,AT&T means the Street Address: 1700 Convention Center Drive Service Provider specifically identified herein. City: Miami Beach State: FL Zip Code: 33139 Billing Address Street Address: 200 Railroad Street City: Edgefield State: SC Zip Code: 29824- CUSTOMER Contact(for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Eric Carpenter Name: Jennifer Downs Title: City Manager Title: Aplication Sales Executive Telephone: 305-673-7277 Fax: - - Telephone: 6018268116 Fax: - - Email:CharlesTear@miamibeachfl.gov Email: JD236u(aatt.com Street Address: 1700 Convention Center Drive Attention: Assistant Vice President City: Miami Beach Street Address: 2180 Lake Blvd.,7'Floor State: FL Zip Code: 33129- City:Atlanta State:GA Zip Code: 30319 With a copy to: AT&T 208 S.Akard Street,Dallas,TX 75202 ATTN: Master Agreement Support Team Email:mast(dhatt.com THE UNDERSIGNED PARTIES, AT&T Florida,("Company")and City of Miami Beach ("Customer"or"Subscriber"),hereby agree,as acknowledged by their appropriate signatures as set out below,to amend and change Contract Service Arrangement(CSA)Agreement FL 17-0049-02. This Addendum Agreement is based upon the following terms and conditions as well as any Attachment(s)affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Offer Expiration:This offer shall expire on: 10/01/24. SERVICE:This Pricing Schedule provides a one-time charge for purchase and installation of E911 Public Safety Answering Point(PSAP)equipment and software. The monthly rate for maintenance is also provided. TERM:This Pricing Schedule is to extend the original contract for 60 months.The service interval will be negotiated. Upon mutual agreement of the parties,Customer may renew this Pricing Schedule to provide for an upgrade of the E91 I equipment/service. An Upgrade is defined as a replacement of existing equipment to available newer technology at the time of the request. Page 1 of 6 AT&T and Customer Confidential Information Docusign Envelope ID:1AF3D650-129B-4462-95F9-F8FB2CA7CFDB Contract Id: 1883127 at&t Addendum Agreement Case Number FL24-9000-01 Customer AT&T (by its authorized representative) (by its authorized representative) 1 eSigned-Veronica Danao By: g1.LG (� By Name: Fr,C LQ pL ► i-er- Name: Title: Title: Contractor Contract Specialist,as signer for AT&T Date: q/.o/2 4 Date: 21 Aug 2024 db544y APPROVED AS TO FORM &LANGUAGE FORE UTION -- 2424 City Attorney ' Date ATTEST: OCT n 7 2024 Rafael E. Granado,City Clerk % =INCORP GRATED Page 2 of 6 AT&T and Customer Confidential Information Docusign Envelope ID:1AF3D650-129B-4462-95F9-F8FB2CA7CFDB Contract Id: 1883127 i dt&t Addendum Agreement Case Number FL24-9000-01 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1 Training $642.00 $.00 WFFDU 2 Installation $3,895.00 $.00 WFFDV 3 Infrastructure Capitalization Charge- $25.00 $.00 WEENW Equipment 4 Infrastructure Capitalization Charge- $25.00 $.00 WEENY Professional Services 5 Infrastructure Capitalization Charge- $.00 $25.00 VVXX97 Equipment 6 Infrastructure Capitalization Charge- $.00 $25.00 WXX98 Professional Services 7 Professional Services $.00 $11.00 WTT3Q $.00 $147.00 WUU16 8 Hardware Maintenace 9 Software Maintenance $.00 $8.00 WUU17 10 Help Desk $.00 $78.00 WUU18 11 SMA/Evergreen $.00 $170.00 WUU19 $18,238.00 $.00 WXX2L 12 E911 Equipment $.00 $3,429.00 WXX2M 13 Software Page 3 of 6 AT&T and Customer Confidential Information Docusign Envelope ID:1AF3D650-1298-4462-95F9-F8FB2CA7CFDB Contract Id: 1883127 atad Addendum Agreement Case Number FL24-9000-01 Option 1 of 1 RATES AND CHARGES NOTES: The`NOTES' Section of the `RATES AND CHARGES' pages of the existing Special Service Arrangement is replaced in its entirety with the following: t. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve(12)months of acceptance of the Agreement. The addition of elements after the initial twelve(12)month period will require a new Special Service Arrangement. 2. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 3. This Agreement does not cover the following: - damages caused by disasters such as fire,flood,wind,lightning,or earthquake. - damages caused by unauthorized disconnects or de-powering of the equipment. - damages caused by power surges,under voltage,over voltage.brownouts,or ground faults caused by commercial AC power and/or Customer provided generators. - damages caused by modifications to the equipment,unauthorized attachments,alterations,modification or relocation of the equipment by an unauthorized person. - damage during shipment other than original shipment to the Customer. - damage caused by consumables or spilled liquids,impact with other objects. - damage caused by any other abuse,misuse,mishandling,misapplication. - damage caused by software viruses,however introduced. This Agreement does not include hardware or software replacement that may be required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 4 below,in addition,in the case of damage,loss,theft or destruction of the equipment or software not due to ordinary wear and tear,the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged,lost,stolen or destroyed or the expense incurred in restoring it to its original condition. 4. Hardware not provided by the Company will not be repaired,replaced or maintained by the Company even though interconnected or integral to the Service. All Customer-provided equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non-approved software. 5. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 6. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. Page 4 of 6 AT&T and Customer Confidential Information Docusign Envelope ID:1AF30650-12913-4462-95F9-F8FB2CA7CFDB Contract Id: 1883127 0 at&t Addendum Agreement Case Number FL24-9000-01 Option 1 of 1 7. SPECIAL TERMS AND CONDITIONS FOR PSAP—LAN CONFIGURATIONS OR INSTALLATIONS CUSTOMER WARRANTS TO AT&T AND ALL 911 EMERGENCY SERVICE USERS THAT THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER, OR PREVIOUSLY SUPPLIED BY AT&T, IS NOT CONNECTED AND WILL. NOT BE CONNECTED TO ANY LOCAL AREA NETWORK ("LAN")OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL,INCLUDING WITHOUT LIMITATION THE NATIONAL. CRIME INFORMATION CENTER NETWORK ("CIC") OR SIMILAR NETWORK; PROVIDED, HOWEVER, THAT CUSTOMER MAY CONNECT SAID EQUIPMENT AND/OR SERVICES TO THE CIC OR SIMILAR NETWORK IF AND ONLY IF SUCH CONNECTION IS EXPRESSLY APPROVED IN WRITING BY AT&T, WHICH APPROVAL SHALL BE IN AT&T'S SOLE DISCRETION. AT&T RELIES ON THIS REPRESENTATION BY CUSTOMER IN AGREEING TO INSTALL AND/OR MAINTAIN SAID EQUIPMENT AND ALL SERVICES THEREON. AT&T MAINTAINS A STRICT POLICY ("PSAP NETWORK SECURITY POLICY") THAT IT WILL INSTALL 911 EQUIPMENT ONLY IN A SECURE PSAP LAN,AND ONLY WHERE SUCH LANS ARE NOT CONNECTED TO ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL. AT&T WILL NOT INSTALL OR TERMINATE. A PSAP LAN TO A FIREWALL. AT&T WILL IDENTIFY THE DEMARCATION POINT FOR THE PSAP LAN, BEYOND WHICH CUSTOMER AGREES THAT AT&T IS NOT RESPONSIBLE. IN THE EVENT CUSTOMER CONNECTS ITS PSAP LAN TO ANY OTHER COMPUTER NETWORK,CONTRARY TO AT&T'S EXPRESS PSAP NETWORK SECURITY POLICY (WHICH CUSTOMER ACKNOWLEDGES IT HAS RECEIVED AND READ), AND THE PSAP LAN IS INFECTED OR DAMAGED AS A RESULT OF SUCH ACTIONS, THEN ALL WARRANTIES, AND MAINTENANCE AND SERVICE PROVISIONS OF THIS AGREEMENT SHALL BE NULL AND VOID AND AT&T DISCLAIMS ANY LIABILITY WHATSOEVER RELATING TO ANY PSAP LAN WHICH CUSTOMER OR ITS AGENTS CONNECT TO ANY OTHER COMPUTER NETWORK CONTRARY TO THE PSAP NETWORK SECURITY POLICY. UNDER SUCH CIRCUMSTANCES,AT&T WILL PROVIDE REPAIR SERVICES FOR THE PSAP LAN AT CUSTOMER'S REQUEST, WHICH WILL BE BILLED ON A TIME AND MATERIALS BASIS AT AT&T'S THEN-PREVAILING SERVICES RATES. CUSTOMER FURTHER AGREES TO INDEMNIFY AND HOLD AT&T HARMLESS FOR ANY DAMAGES TO OR CLAIMS BY ANY THIRD PARTY AGAINST AT&T WHICH ARISE IN WHOLE OR IN PART FROM CUSTOMER'S CONNECTION OF THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER TO ANY LAN OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CIC. 8. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the Agreement term,the Customer will be required to pay the applicable termination charge as stated in this Agreement.The Agreement provisions concerning termination liability shall be inapplicable to any state,county,parish,or municipal governmental entity when there is in effect,as a result of action by such entity and through a duly constituted legislative, administrative,or executive body: 1.a statute; 2.an ordinance; 3.a policy directive;or 4.a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity,or agency thereof,due to an unavailability of funding.When service is being provided and funding to the governmental entity for such service becomes unavailable,the governmental entity may cancel the service without additional payment obligation.Absent any official statute,ordinance,policy directive,or constitutional provision,the Customer shall be responsible for the termination charge. Page 5 of 6 AT&T and Customer Confidential Information Docusign Envelope ID:1AF3D650-129B-4462-95F9-F8FB2CA7CFDB Contract Id: 1883127 at&t Addendum Agreement Case Number FL24-9000-01 Option 1 of 1 All trademarks or service marks contained herein are the property of the respective owners. There are no other additions,deletions or changes to the above referenced Special Service Arrangement included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 6 of 6 AT&T and Customer Confidential Information RESOLUTION NO 2023-32525 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY A 5/7ths VOTE,THE FORMAL COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 2-367 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING THE CITY MANAGER AND ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH AT&T FOR 911 TELECOMMUNICATIONS SERVICES AND THE CONTINUOUS MAINTENANCE AND SERVICES OF THE "VIPER 911 SYSTEM" FOR A TERM NOT TO EXCEED FIVE (5) YEARS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY FOR NEW SERVICE(S) WITH AT&T AS MAY BE NEEDED BY THE CITY DURING THE TERM OF THE AGREEMENT. WHEREAS, on September 11, 2008, the City executed a five-year Special Service Arrangement Agreement ("SSAA") with AT&T which provided emergency 911 telephone service and support for the Public Safety Communications Unit ("PSCU") of the City's Department of Emergency Management at both Public Safety Answering Point ("PSAP") locations at 1100 Washington Ave. and 2310 Pine Tree Drive; and WHEREAS, the SSAA provided a one-time charge for the City's purchase of VIPER 911 hardware and 911 answering software; and WHEREAS, on March 1, 2017, per Resolution No. 2017-29781, the Mayor and City Commission approved and authorized a bid for an agreement with AT&T relating to its Next Generation E911 Public Safety Answering Point (PSAP) equipment and software for a five (5) year term; and WHEREAS, the agreement provided the City with modernized technology and updated infrastructure for its VIPER 911 system. Additionally, the Administration assessed its telecommunication services, inclusive of 911, and recommended seeking solicitations for critical telecommunications, wide area network, and internet services that were currently provided by AT&T; and WHEREAS, on December 13, 2017, via Resolution No. 2017-30130, the Mayor and City Commission approved the City's purchase of telecommunications services from AT&T, Inc., as necessary to operate 911 services, on an as needed basis, for a term expiring on May 1, 2023; and WHEREAS, City staff has determined that it is in the best interest of the City to waive the City' s competitive bidding requirement and enter into a new five-year agreement with AT&T (the " Agreement"); and WHEREAS, AT&T is the only VIPER 911 provider in the South Florida area that has local VIPER-certified technicians to service the 911 system. AT&T is the only full services provider in the geographic area that can offer data services, all under one agreement; and WHEREAS, AT&T's services also allow for seamless integration with Miami Dade County services as well as the ability to "failover" the City's telecommunication services to the County in emergency situations when the City's system malfunctions. 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 of Miami Beach, Florida, hereby accept the recommendation of the City Manager and waive, by a 5/7ths vote, the formal competitive bidding requirement, pursuant to Section 2- 367 of the City Code, finding such waiver to be in the best interest of the City; authorize the City Manager and Administration to negotiate an agreement with AT&T for 911 Telecommunications Services and the Continuous Maintenance and Services of the "Viper 911 System" for a term not to exceed five (5) years; and further authorize the City Manager to execute any documents necessary for new service(s) with AT&T as may be needed by the City during the term of the agreement. PASSED AND ADOPTED this a7 day of iYlpr 2023. ATTEST: ,,,- -2„,,z_____ d MAR 3 1 2023 Rafael Granado, City Clerk Dan Gelber, Mayor INCORPTORATED• 2. jt h cv co..26. ; APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3 - )c-1-3 City Attorney Date Resolutions - C7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: March 27, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BYA 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 2-367 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING THE CITY MANAGER AND ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH AT&T FOR 911 TELECOMMUNICATIONS SERVICES AND THE CONTINUOUS MAINTENANCE AND SERVICES OF THE "VIPER 911 SYSTEM" FOR A TERM NOT TO EXCEED FIVE,(5) YEARS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY FOR NEW SERVICE(S) WITH AT&T AS MAYBE NEEDED BY THE CITYDURING THE TERM OF THE AGREEMENT. RECOMMENDATION Adopt the Resolution. BACKGROUND/HISTORY On September 11, 2008, the City executed a five-year Special Service Arrangement Agreement ("SSAA")with AT&T which provided emergency 911 telephone service and support for the Public Safety Communications Unit ("PSCU") of the City's Department of Emergency Management at both Public Safety Answering Point ("PSAP") locations at 1100 Washington Ave. and 2310 Pine Tree Drive. The SSAA provided a one- time charge for the City's purchase of VIPER 911 hardware and 911 answering software. On March 1, 2017, per resolution 2017-29781, the Mayor and City Commission approved and authorized a bid waiver that allowed the City Manager to execute an agreement with AT&T for their Next Generation E911 Public Safety Answering Point (PSAP) equipment and software for a five (5) year term. This agreement provided the City with modernized technology and updated infrastructure for its VIPER 911 system. Additionally, the administration assessed its telecommunication services, inclusive of 911, and recommended seeking solicitations for critical telecommunication, wide area network, and intemet services that were currently provided by AT&T. The administration recommended the bifurcation of services and to waive bid on the 911 services provided by AT&T. On December 13, 2017, per Resolution 2017-30130, the Mayor Page 311 of 1292 and City Commission of Miami Beach, Florida approved the 'City's purchase of telecommunications services from AT&T, Inc., as necessary to operate 911 services, on an as needed basis, for a term expiring on May 1, 2023. ANALYSIS City staff has determined that it is in the best interest of the City to waive the City' s competitive bidding requirement and enter into a new five- year agreement with AT&T (the " Agreement"). AT&T is the only VIPER 911 provider in the South Florida area that has local VIPER-certified technicians to service the 911 system. AT&T is the only full services provider in the geographic area that can offer data services, 911 voice and text-to-911 services, Next Generation 911 ESINET services, 911 hardware, and hardware maintenance all under one agreement. Their services also allow for seamless integration with Miami Dade County services and the ability to fail over services to the County in emergency situations. AT&T has confirmed that it is the original manufacturer and provider of the AT&T ESlnet. AT&T is also the reseller and maintenance provider for City of Miami Beach 911's Viper system and is the sole source and maintenance provider on the Intrado Viper System and Power911 applications. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION As per approved operating budget. CONCLUSION The Administration recommends that the Mayor and City Commission hereby accept the City Manager's recommendation and waive, by 5/7ths vote, the City's competitive bidding requirement, finding .such waiver to be in the best interest of the City, authorizing the Administration to negotiate an agreement with AT&T for 911 Services, for a term expiring May 1, 2028, upon successful negotiation, and further, authorizing the City Manager to execute new services(s)with AT&T as needed to meet the City's requirements. Applicable Area • Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No , Strategic Connection Organizational Innovation - Maximize the use of innovative technology. Legislative Tracking Information Technology Page 312 of 1292 ATTACHMENTS: Description ❑ Sole Source Letter o Resolution Page 313 of 1292 �... at&t March 7, 2023 Frank Quintana Chief Information Officer 1755 Meridian Ave., 4th Floor Miami Beach, FL 33139 Re: Sole Source —AT&T ESinet and AT&T/Intrado Viper To whom it may concern: AT&T is pleased to confirm that it is the original manufacturer and provider of the AT&T ESinet. AT&T is also the reseller and maintenance provider for City of Miami Beach 911's Viper system and is the sole source and maintenance provider on the Intrado Viper System and Power911. applications. These products and services, including support and maintenance, are not available from any other manufacturer. • Intrado VIPER Systems • Intrado Power911 and applications AT&T certified technicians are assigned to the City of Miami Beach FL to provide routine maintenance and advanced technical support for the customer's VIPER 911 systems. Each AT&T TECHNICIAN will be equipment manufacturer trained and certified to work on the VIPER 911 CPE and will stay current on manufacturer certification. Sincerely, Mario Ruiz Client Solutions Executive Public Sector— State, Local and Education 954-806-2467 Jennifer Downs Application Specialist AT&T Public Safety Solutions 601-826-8116 Page 314 of 1292