HomeMy WebLinkAboutWreless System & Service Agmt Term Sheet Draft
DRAFT WIRELESS SYSTEM AND SERVICE AGREEMENT - TERM SHEET
Parties:
City of Miami Beach and International Business
Machines Corporation (Vendor).
Scope of Agreement:
Vendor shall provide, operate and maintain for the
City a WiFi Network including but not limited to all
design, construction, installation, support and
maintenance of Equipment, Software and Services
necessary to make available free access to the
Internet from any point within the City on a
"Turnkey" basis.
Price and terms of Payment:
Capital Cost
Operating & Maintenance
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
$1,505,669
$528,849
$592,439
$627,610
$638,334
$664,450
$610.449
$3,662,131
Total Cost
$5,167,800
Capital cost will be paid in five 20% payments.
Operating cost for each year will be paid in
quarterly installments.
Term:
The initial term will include the period of design,
construction, installation and testing of the System
and six (6) years from the Acceptance Date of the
System. The City, at its sole option and discretion,
may renew the term of the agreement for two (2)
additional three (3) year terms.
System Design:
Vendor shall employ a methodical approach to
Network design that centers around three
progressively elaborated levels of granularity and
detail. The Network architecture shall have the
capability to evolve as the City's needs evolve
thereby enabling the development of a progressively
more detailed set of Network designs, each meeting
the full set of functional requirements.
1
Network Infrastructure Requirements:
Network Monitoring and Management
Services:
Remote Operations Center:
Reports:
Maintenance and Support Services:
Prioritization of Access and
In Motion Service:
The System shall consist of a wireless Network
covering all 7.1 square miles of the City of Miami
Beach, including that portion of Terminal and
Fisher Islands that is within the City. [we should
add capacity here]
Vendor shall be responsible for monitoring and
managing the System, including but not limited to all
Network Equipment, Hardware, Software, Tools,
Utilities, Internet connectivity, personnel and other
components required to meet the reliability and
performance goals of the City throughout the term
of this Agreement
Vendor shall utilize a remote operations center.
Designated City Personnel shall at all times have access to
all Network management software.
Vendor shall provide the City a written report
regarding Network management, monitoring and
maintenance on a quarterly basis or within ten (10)
calendar days of any City request for the same.
Vendor shall provide six (6) years of
maintenance/support Services at no additional cost to
the City. Vendor shall be responsible for all
maintenance and support Services for all elements of the
System, including but not limited to all Equipment and
Software and any data transport Services that are
required under the Agreement, and will be the single
point of contact for Maintenance, Service and Support.
Vendor's System shall ensure first right of access to
government users. Vendor shall provide seamless, in-
motion connectivity throughout the Coverage Area to
government users. This includes the ability for
Subscribers to maintain session-level persistence
while the subscriber's device is in motion at speeds
up to sixty (60) miles per hour. This capability must be
supported with no interruption to applications
running on the device. Vendor shall provide to the
City 600 NetMotion licenses for use by the City.
2
System Security:
Encryption:
Network Filter:
Technical and Customer Support:
Training:
The System shall provide State of the Art security
creating a means of authenticating users and a
secure 802.1X or VPN method for securely
connecting to the Network. Vendors shall use best
efforts to install any security or encryption patches
or updates on an expedited basis, but in no event
shall this period exceed forty-eight (48) hours from
the release of any such update. These security
standards shall include. but not be limited to the
Encryption standard protocols and the Florida
Department of Justice Security Standards.
Vendor shall design and provide State of the Art
security and encryption solutions for the Network,
particularly for City users, which includes but shall
not be limited to the physical security for all
critical Network Equipment and other
components of the System via secured facilities.
The Vendor agrees to provide solutions and support
for the following as well as new security or
encryption protocols as they become commercially
available.
Vendor shall provide State of the Art Network
security, capable of dynamically identifying
possible security breaches, actively tracing the root
thereof and immediately taking corrective action.
Support for State of the Art Network traffic
monitoring, analysis and reporting capable of
capturing and analyzing all traffic transport over the
System and decoding all major TCP/IP and
application protocols in order to filter Network
traffic to find specific information.
Vendor shall provide technical and customer
support for the System.
(a) Vendor shall provide training for a minimum of
two (2) weeks of training on the design and
operation of the overall System for a minimum of
four (4) City-designated persons prior to the
activation of the System.
3
(b) Vendor shall provide a mInImum of one (1)
week of updated informal training on the design and
operation of the overall System for a minimum of
four (4) City-designated persons on an annual basis
during the term.
Construction and Activation Schedule: Vendor shall timely construct and implement the
Network. Vendor is on notice that time is of the
essence for compliance with this Agreement. It is
the Parties' intent that the System be designed,
constructed and made operational on an expedited
basis. Expected operational date is summer 2006.
Ownership and title to Equipment: Title to all components of the System including but
not limited to, Equipment and Software installed
pursuant to this Agreement shall be exclusively held
by the City, free and clear of all liens and
encumbrances. All warranties, guarantees and
licenses associated with any Equipment or Software
used in connection with the System shall be
assigned to the City.
Upgrade and State of the Art System: Vendor shall maintain a State of the Art System as
defined in Section I, 1.10 herein during the term of
the Agreement to mitigate the risks of obsolescence
in the system or its performance. It is Parties' intent
to maintain the system as the best of the best
citywide wireless network. Vendor shall provide to
the City, at a minimum, on an annual basis, a
written report setting forth the then current State of
the Art for wireless Networks and Services,
including but not limited to; (a) requirements to
upgrade the System to enhance the existing level of
Services and applications; and (b) to provide any
new wireless Services or new products
commercially available. Based upon the findings of
the report, Vendor shall simultaneously submit an
upgrade plan to the City which shall include a
description of new Software, Equipment and
Services the Vendor shall provide and the timing for
implementation of the new Software, Services and
Equipment on a commercially reasonable expedited
schedule. The Parties contemplate that one complete
replacement of the network infrastructure shall be
provided during the term of this Agreement.
Additionally, Vendor warrants that: (i) there will be
minimal interruption of Service during upgrades;
(ii) backwards compatibility will be ensured for all
existing applications, Services and Subscribers as
upgrades occur. State of the art is defined as the
most advanced, commercially available, Wireless
Fidelity (WiFi) and Worldwide Interoperability for
Microwave Access (WiMax) technology solutions
related to levels of performance, Applications,
Equipment, Software and components, based upon
ratified standards issued by the Institute of Electrical
and Electronic Engineers, Inc. (IEEE), to enhance
existing or potential user applications for the City
and/or the Network users taking in
consideration performance, Capacity, signal
coverage, reliability, features, maintenance, and
efficiency of frequency use. The Parties anticipate
that upgrades, including WiMax, under
consideration by the industry, will be deployed by
Vendor on an expedited basis when commercially
available. For the purposes of this Agreement, State
of the Art shall mean the most advanced,
commercially available, Wireless Fidelity (WiFi)
and Worldwide Interoperability for Microwave
Access (WiMax) technology solutions related to
levels of performance, Applications, Equipment,
Software and components, based upon ratified
standards issued by the Institute of Electrical and
Electronics Engineers, Inc. (IEEE), to enhance
existing or potential user applications for the City
and/or the Network users taking in consideration,
performance, Capacity, signal coverage, reliability,
features, maintenance and efficiency of frequency
use. State of the Art shall not include any
technology or Equipment which is in Beta stage.
Warranties:
Details to be provided by IBM.
Equipment Warranty:
Software Warranty:
5
Insurance:
Vendor shall obtain, provide and maintain during
the term of the Agreement the City's standard types
and amounts of insurance which shall be maintained
with insurers licensed to sell insurance in the State of
Florida and have a B+ VI or higher rating in the latest
edition of AM Best's Insurance Guide. Vendor is
responsible for providing windstorm coverage for
equipment and network components.
Independent Vendor Relationship: Vendor shall install the System and perform the Services
required under this Agreement as an independent
Contractor.
Subcontracting Prohibited:
Vendor is prohibited from subcontracting this
Agreement or any part thereof unless such
subcontracting is first approved by the City in
writing. A list of pre-approved sub-contractors is
attached.
Letter of Credit:
The Letter of Credit shall be in the amount of
$250,000 as a guarantee to the City of the
completion and performance of the work, as well as
full payment of all suppliers, laborers, or
subcontractors employed pursuant to this
Agreement.
Construction Letters of Credit:
The Letter of Credit shall be an amount equal to the
amount of each payment made by City as a
guarantee to the City of the completion and
performance of the work, as well as full payment of
all suppliers, laborers, or subcontractors employed
pursuant to this Agreement.
Public Benefits:
The Vendor shall provide the public benefits related
to the System. [build up]
City Obligations:
The City shall be required to provide Vendor City
assets and personnel to assist in the installation and
upgrade of the System. [add specifics]
Most Favored Nations - Technology,
Services and Costs:
If, after this Agreement is entered into, Vendor
enters into an Agreement, with another
municipality, city or local government for the
6
provision of Wi-Fi or WiMax Services, technology
or Equipment that provide better Services,
applications or benefits or provides similar services
as provided to City at a lower cost as reasonably
determined by the City, the City shall have the right
to amend this Agreement to include rights,
obligations and benefits substantially similar to
those contained in such other agreement.
7
DRAFT WIRELESS SYSTEM AND SERVICE AGREEMENT - TERM SHEET
Parties:
City of Miami Beach and International Business
Machines Corporation (Vendor).
Scope of Agreement:
Vendor shall provide, operate and maintain for the
City a WiFi Network including but not limited to all
design, construction, installation, support and
maintenance of Equipment, Software and Services
necessary to make available free access to the
Internet from any point within the City on a
"Turnkey" basis.
Price and terms of Payment:
Capital Cost
Operating & Maintenance
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
$1,505,669
$528,849
$592,439
$627,610
$638,334
$664,450
$610.449
$3,662,131
Total Cost
$5,167,800
Capital cost will be paid in five 20% payments.
Operating cost for each year will be paid in
quarterly installments.
Term:
The initial term will include the period of design,
construction, installation and testing of the System
and six (6) years from the Acceptance Date of the
System. The City, at its sole option and discretion,
may renew the term of the agreement for two (2)
additional three (3) year terms.
System Design:
Vendor shall employ a methodical approach to
Network design that centers around three
progressively elaborated levels of granularity and
detail. The Network architecture shall have the
capability to evolve as the City's needs evolve
thereby enabling the development of a progressively
more detailed set of Network designs, each meeting
the full set of functional requirements.
1
Network Infrastructure Requirements:
Network Monitoring and Management
Services:
Remote Operations Center:
Reports:
Maintenance and Support Services:
Prioritization of Access and
In Motion Service:
The System shall consist of a wireless Network
covering all 7.1 square miles of the City of Miami
Beach, including that portion of Terminal and
Fisher Islands that is within the City. [we should
add capacity here]
Vendor shall be responsible for monitoring and
managing the System, including but not limited to all
Network Equipment, Hardware, Software, Tools,
Utilities, Internet connectivity, personnel and other
components required to meet the reliability and
performance goals of the City throughout the term
of this Agreement
Vendor shall utilize a remote operations center.
Designated City Personnel shall at all times have access to
all Network management software.
Vendor shall provide the City a written report
regarding Network management, monitoring and
maintenance on a quarterly basis or within ten (10)
calendar days of any City request for the same.
Vendor shall provide six (6) years of
maintenance/support Services at no additional cost to
the City. Vendor shall be responsible for all
maintenance and support Services for all elements of the
System, including but not limited to all Equipment and
Software and any data transport Services that are
required under the Agreement, and will be the single
point of contact for Maintenance, Service and Support.
Vendor's System shall ensure first right of access to
government users. Vendor shall provide seamless, in-
motion connectivity throughout the Coverage Area to
government users. This includes the ability for
Subscribers to maintain session-level persistence
while the subscriber's device is in motion at speeds
up to sixty (60) miles per hour. This capability must be
supported with no interruption to applications
running on the device. Vendor shall provide to the
City 600 NetMotion licenses for use by the City.
2
System Security:
Encryption:
Network Filter:
Technical and Customer Support:
Training:
The System shall provide State of the Art security
creating a means of authenticating users and a
secure 802.1X or VPN method for securely
connecting to the Network. Vendors shall use best
efforts to install any security or encryption patches
or updates on an expedited basis, but in no event
shall this period exceed forty-eight (48) hours from
the release of any such update. These security
standards shall include but not be limited to the
Encryption standard protocols and the Florida
Department of Justice Security Standards.
Vendor shall design and provide State of the Art
security and encryption solutions for the Network,
particularly for City users, which includes but shall
not be limited to the physical security for all
critical Network Equipment and other
components of the System via secured facilities.
The Vendor agrees to provide solutions and support
for the following as well as new security or
encryption protocols as they become commercially
available.
Vendor shall provide State of the Art Network
security, capable of dynamically identifying
possible security breaches, actively tracing the root
thereof and immediately taking corrective action.
Support for State of the Art Network traffic
monitoring, analysis and reporting capable of
capturing and analyzing all traffic transport over the
System and decoding all major TCPIIP and
application protocols in order to filter Network
traffic to find specific information.
Vendor shall provide technical and customer
support for the System.
(a) Vendor shall provide training for a minimum of
two (2) weeks of training on the design and
operation of the overall System for a minimum of
four (4) City-designated persons prior to the
activation of the System.
3
(b) Vendor shall provide a mInImUm of one (1)
week of updated informal training on the design and
operation of the overall System for a minimum of
four (4) City-designated persons on an annual basis
during the term.
Construction and Activation Schedule: Vendor shall timely construct and implement the
Network. Vendor is on notice that time is of the
essence for compliance with this Agreement. It is
the Parties' intent that the System be designed,
constructed and made operational on an expedited
basis. Expected operational date is summer 2006.
Ownership and title to Equipment: Title to all components of the System including but
not limited to, Equipment and Software installed
pursuant to this Agreement shall be exclusively held
by the City, free and clear of all liens and
encumbrances. All warranties, guarantees and
licenses associated with any Equipment or Software
used in connection with the System shall be
assigned to the City.
Upgrade and State of the Art System: Vendor shall maintain a State of the Art System as
defined in Section I, 1.10 herein during the term of
the Agreement to mitigate the risks of obsolescence
in the system or its performance. It is Parties' intent
to maintain the system as the best of the best
citywide wireless network. Vendor shall provide to
the City, at a minimum, on an annual basis, a
written report setting forth the then current State of
the Art for wireless Networks and Services,
including but not limited to; (a) requirements to
upgrade the System to enhance the existing level of
Services and applications; and (b) to provide any
new wireless Services or new products
commercially available. Based upon the findings of
the report, Vendor shall simultaneously submit an
upgrade plan to the City which shall include a
description of new Software, Equipment and
Services the Vendor shall provide and the timing for
implementation of the new Software, Services and
Equipment on a commercially reasonable expedited
schedule. The Parties contemplate that one complete
replacement of the network infrastructure shall be
4
provided during the term of this Agreement.
Additionally, Vendor warrants that: (i) there will be
minimal interruption of Service during upgrades;
(ii) backwards compatibility will be ensured for all
existing applications, Services and Subscribers as
upgrades occur. State of the art is defined as the
most advanced, commercially available, Wireless
Fidelity (WiFi) and Worldwide Interoperability for
Microwave Access (WiMax) technology solutions
related to levels of performance, Applications,
Equipment, Software and components, based upon
ratified standards issued by the Institute of Electrical
and Electronic Engineers, Inc. (IEEE), to enhance
existing or potential user applications for the City
and/or the Network users taking in
consideration performance, Capacity, signal
coverage, reliability, features, maintenance, and
efficiency of frequency use. The Parties anticipate
that upgrades, including WiMax, under
consideration by the industry, will be deployed by
Vendor on an expedited basis when commercially
available. For the purposes of this Agreement, State
of the Art shall mean the most advanced,
commercially available, Wireless Fidelity (WiFi)
and Worldwide Interoperability for Microwave
Access (WiMax) technology solutions related to
levels of performance, Applications, Equipment,
Software and components, based upon ratified
standards issued by the Institute of Electrical and
Electronics Engineers, Inc. (IEEE), to enhance
existing or potential user applications for the City
and/or the Network users taking in consideration,
performance, Capacity, signal coverage, reliability,
features, maintenance and efficiency of frequency
use. State of the Art shall not include any
technology or Equipment which is in Beta stage.
Warranties:
Details to be provided by IBM.
Equipment Warranty:
Software Warranty:
5
Insurance:
Vendor shall obtain, provide and maintain during
the term of the Agreement the City's standard types
and amounts of insurance which shall be maintained
with insurers licensed to sell insurance in the State of
Florida and have a B+ VI or higher rating in the latest
edition of AM Best's Insurance Guide. Vendor is
responsible for providing windstorm coverage for
equipment and network components.
Independent Vendor Relationship: Vendor shall install the System and perform the Services
required under this Agreement as an independent
Contractor.
Subcontracting Prohibited:
Letter of Credit:
Construction Letters of Credit:
Public Benefits:
City Obligations:
Most Favored Nations - Technology,
Services and Costs:
Vendor is prohibited from subcontracting this
Agreement or any part thereof unless such
subcontracting is first approved by the City in
writing. A list of pre-approved sub-contractors is
attached.
The Letter of Credit shall be in the amount of
$250,000 as a guarantee to the City of the
completion and performance of the work, as well as
full payment of all suppliers, laborers, or
subcontractors employed pursuant to this
Agreement.
The Letter of Credit shall be an amount equal to the
amount of each payment made by City as a
guarantee to the City of the completion and
performance of the work, as well as full payment of
all suppliers, laborers, or subcontractors employed
pursuant to this Agreement.
The Vendor shall provide the public benefits related
to the System. [build up]
The City shall be required to provide Vendor City
assets and personnel to assist in the installation and
upgrade of the System. [add specifics]
If, after this Agreement is entered into, Vendor
enters into an Agreement, with another
municipality, city or local government for the
6
provision of Wi-Fi or WiMax Services, technology
or Equipment that provide better Services,
applications or benefits or provides similar services
as provided to City at a lower cost as reasonably
determined by the City, the City shall have the right
to amend this Agreement to include rights,
obligations and benefits substantially similar to
those contained in such other agreement.
7
~ c 1 '!!e~ ~h~;ro
Municipal Wi-Fi Pilot Test Report
City of Miami Beach
February 21, 2006
Table of Contents
1. Pilot Systems............................................................................................................... 3
1.1 IBM Solution.... ...... ............ .................................. ..... .......... ..... ..................... ...... 3
1.2 WFI Solution.... ...... .............................. ........... ........... ..... ..... ..... .......... ................ 3
2 . Test Team.................................................................................................................... 3
3 . Test Schedule............................................................................................................... 4
4. Summary of Test Results............................................................................................. 5
5. Procedures and Findings.............................................................................................. 7
5.1 Connection Testing....................................... ...... ............... ..... .......... ..... ..............7
5.2 Signal Coverage Testing...................................................................................... 7
5.3 Performance Testing............................................................................................ 9
5.4 Roaming Testing................................................................................................ 10
5.5 Battery Backup Testing.................................. ........... ..... .......... ..... ..... .............. .11
This report discusses the results of testing the municipal wireless network pilot systems
installed within the City of Miami Beach, Florida. This testing was done to assess each
system's ability to support technical requirements defined in the City's RFP 36-04/05 for
Citywide Wireless Network.
1. Pilot Systems
This section describes the pilot system installations that were part of the testing:
1.1 IBM Solution
The IBM system includes 23 Tropos mesh nodes distributed throughout approximately a
half square mile portion in the South Beach area. Four ofthese nodes are gateways with a
5.3GHz Alvarion backhaullink to the headend. The Tropos mesh nodes have a single-
radio design that uses 2.4GHz 802.11 big radios for both backhaul between mesh nodes
and user access.
1.2 WFI Solution
The WFI system includes 16 Cisco mesh nodes distributed throughout approximately a
half square mile portion in the North Beach area. Two of these nodes are gateways with a
5.3GHz Alvarion backhaullink to the headend. Figure 1 illustrates the location of each
mesh node. The Cisco mesh nodes have a dual-radio design that uses a 5GHz 802.11a
radio for backhaul between mesh nodes and a different 802.11 big radio for user access.
2. Test Team
Wireless-Nets, Ltd. was contracted by Civitium to perform the testing for the City of
Miami Beach:
. Jim Geier: Developed the test plan and led the testing efforts for the IBM and
WFI pilot systems.
Jim is the founder of Wireless-Nets, Ltd. and the company's principal consultant.
His 20 years of experience includes the analysis, design, software development,
installation, and support of numerous wireless network-based systems for
enterprises, airports, homes, retail stores, manufacturing facilities, warehouses,
hospitals, and cities worldwide. Jim is the author of several books, including
Deploying Voice over Wireless LANs (Cisco Press), Wireless Networks (Cisco
Press), Wireless LANs (SAMS), Certified Wireless Analysis Professional
(CW AP) Study Guide (Planet3), Wireless Networking Handbook
(Macmillan), and Network Reengineering (McGraw-Hill). He has been active
within the Wi-Fi Alliance, responsible for certifying interoperability of 802.11
(Wi-Fi) wireless LANs. He has also been an active member of the IEEE 802.11
Working Group, responsible for developing international standards for wireless
LANs. He served as Chairman of the IEEE Computer Society, Dayton Section,
and Chairman of the IEEE International Conference on Wireless LAN
Implementation. Jim is an advisory board member of several leading wireless
LAN companies. Jim's education includes a bachelor's and master's degree in
electrical engineering and a master's degree in business administration.
· Eric Geier: Assisted with the testing of the IBM and WFI pilot systems.
Eric is an associate consultant of Wireless-Nets, Ltd., where he analyzes wireless
LAN technologies and products and performs RF site surveys for clients. Eric is a
Certified Wireless Network Administrator (CWNA) and completed numerous
wireless LAN protocol and RF propagation tests as part of the development of the
Certified Wireless Analysis Professional (CW AP) Study Guide published by
Planet3 Wireless. Eric has developed computer-based training on wireless LAN
topics and is the author of several books, including Wireless Networks - 5 Minute
Fixes (Wiley) and PCs - 5 Minute Fixes (Wiley). Eric is currently writing a book
for Cisco Press on deploying public Wi-Fi hotspots.
3. Test Schedule
The test team performed testing on the following dates:
· IBM System - January 30-31, 2006
. WFI System - February 1-2,2006
The testing was accomplished between the hours of 9 a.m. and 8 p.m. each day. There
was occasional very light rain on most of the days, but this had no significant impact on
test results.
4. Summary of Test Results
Table 1 summarizes the results of testing the IBM system.
Table 1. Test Results of the IBM System
Test Criteria Criteria Satisfied?
Support for users equipped with either IEEE 802.11 b or
802.11 g wireless interfaces using various security methods YES
(WEP, TKIP, AES, and WPA).
95% coverage in the streets and sidewalks for users within
the pilot test area. YES
95% coverage throughout parks, common areas and other
public spaces. YES
70% coverage for users within residences and businesses
within the pilot test area. This includes first or second-floor YES
rooms adjacent to an exterior wall of the facility).
Average net data throughput per subscriber of one 1 Mbps
(upstream and downstream) throughout the covered areas- YES
measured against any point in the system.
Sufficient capacity of the system to support 676 subscribers
per square mile throughout the pilot test coverage areas.
This is based on the requirement to support 4,800 YES
subscribers as stated in the RFP over the entire 7.1 square
mile city.
Support for seamless, in-motion usage (up to 60mph)
throughout the coverage areas with no interruption to NO
applications running on the user device.
Battery and/or solar power backup for all network
equipment sufficient to assure continuous operation at full YES
power and functionality for a period of not less than one (1)
hour in the absence of utility power.
Table 2 summarizes the results of testing the WFI system.
Table 2. Test Results of the WFI System
Test Criteria Criteria Satisfied?
Support for users equipped with either IEEE 802.11 b or
802.11g wireless interfaces using various security methods YES
(WEP, TKIP, AES, and WPA).
95% coverage in the streets and sidewalks for users within
the pilot test area. YES
95% coverage throughout parks, common areas and other
public spaces. YES
70% coverage for users within residences and businesses
within the pilot test area. This includes first or second-floor YES
rooms adjacent to an exterior wall of the facility).
Average net data throughput per subscriber of one IMbps
(upstream and downstream) throughout the covered areas - YES
measured against any point in the system.
Sufficient capacity of the system to support 676 subscribers
per square mile throughout the pilot test coverage areas.
This is based on the requirement to support 4,800 YES
subscribers as stated in the RFP over the entire 7.1 square
mile city.
Support for seamless, in-motion usage (up to 60mph)
throughout the coverage areas with no interruption to NO
applications running on the user device.
Battery and/or solar power backup for all network
equipment sufficient to assure continuous operation at full YES
power and functionality for a period of not less than one (1)
hour in the absence of utility power.
5. Procedures and Findings
This section of the report describes how the testing was done for each criterion and
provides related findings and analysis.
5.1 Connection Testing
The connection testing assessed the following test criterion:
Support users equipped with either IEEE 802.11 b or 802.11 g wireless interfaces
using various security methods (WEP, TKIP, AES, and WP A).
The test team successfully connected to a mesh node on the IBM and WPI pilot systems
using a laptop equipped with an Orinoco Gold 802.11 big radio card configured as
follows:
. 802.11 b-only with no security enabled
. 802.11 big with no security enabled
. 802.11 big configured with WEP
. 802. llb/g configured with WPA
The test team observed a packet trace of the communications taking place during the
association process between the laptop and the mesh node for each of the above
configurations. There was no abnormal protocol behavior during the association
processes.
5.2 Signal Coverage Testing
The signal coverage testing assessed the following test criteria:
95% coverage in the streets and sidewalks for users within the pilot test area.
95% coverage throughout parks, common areas and other public spaces.
70% coverage for users within residences and businesses within the pilot test
area. This includes first or second-floor rooms adjacent to an exterior wall of the
facility).
The test teamed assumed that signal coverage exists where it is possible to connect to the
wireless network with a common user device, such as a laptop, at a minimum data rate of
IMbps and utilize typical applications, such as web browsing, email, and file transfer.
The signal coverage testing included the following for the IBM and the WFI pilot
systems:
1. With Ekahau Site Survey software equipped with an Orinoco Gold 802.11 big
radio card and a GPS, the test team drove an automobile through each ofthe
coverage areas and recorded all Wi-Fi signals. The antenna for the Wi-Fi radio
was configured for recording signals outside of the automobile to discount
attenuation of the automobile and make the measurements accurate for outdoor
signal coverage assessment. An external antenna mounted on top of the
automobile was used with the GPS in order to improve the accuracy of position
information, which resulted in 10 feet average accuracy. The places driven for
each of the pilot test areas included all streets and a representative sample of
parking lots and driveways.
2. The test team conducted a series of connection tests at multiple locations using
several brand radio cards to determine the minimum signal levels necessary to
support connections and application usage. This provided a method for
interpreting the signals found with the Ekahau software. It was found that 15dB
SNR (signal-to-noise ratio) was necessary to maintain stable connections on the
IBM and WFI pilot systems
3. With a handheld version of AirMagnet Analyzer equipped with an AirMagnet
802.11 big radio card, the test team conducted signal testing inside facilities at
sample areas, such as restaurants, stores, and office buildings, throughout each of
the pilot test areas. The test team found that the average signal loss is 10dB from
the street to just inside the facility. Because AirMagnet Analyzer uses a different
radio card than Ekahau Site Survey, tests were done to compare the measurements
taken with each test unit. This testing indicated that there was no significant
difference. The variation between signal measurements taken with each unit was
less than 1 dB.
4. After collecting the signal information in outdoor and indoor areas, the test team
observed the data and determined the extent of coverage based on a minimum of
15dB SNR.
The IBM and WFI pilot systems both met signal coverage requirements as stated in the
RFP'
In order to support voice applications, such as Wi-Fi phones, the SNR should be at least
25dB in all areas. If this were a requirement, then the IBM and WFI pilot systems would
not meet signal coverage requirements within most indoor facilities. Outdoor signal
coverage based on 25dB or higher SNR would also cause the IBM and WFI pilot systems
to fall below the 95 percent outdoor coverage requirements stated in the RFP.
As compared to the IBM system, the WFI system had the advantage of a much higher
vantage point (rooftop approximately 15 stories high) for mounting the antennas at the
headend. This allowed most if not all mesh nodes of the WFI system to be within line of
sight of the headend antennas. The IBM system made use of a much lower rooftop
(approximately 8 stories high) for mounting the headend antennas. Many of the mesh
nodes within the IBM system were not within line of sight of the headend antennas.
Obstructions such as tress and buildings were between mesh nodes, gateways, and the
headend. Despite these issues, the signal coverage of the IBM pilot system met
requirements and was just as good if not better than the WFI system.
5.3 Performance Testing
The performance testing assessed the following test criteria:
Support an average net data throughput per subscriber of one 1 Mbps (upstream
and downstream) throughout the covered areas - measured against any point in
the system.
Sufficient capacity of the system to support 676 subscribers per square mile
throughout the pilot test coverage areas. This is based on the requirement to
support 4,800 subscribers as stated in the RFP over the entire 7.1 square mile
city.
The performance testing included the following for the IBM and WFI systems:
1. The test team connected a computer configured as an FTP file server to a wired
port at the headend of the system. This offered a central point to run performance
tests against.
2. The test team associated a laptop equipped with an Orinoco Gold 802.11 b.g card
to a mesh node. The location of this testing was chosen within the IBM and the
WFI pilot areas in a manner to make the radio environment as equal as possible
between the two systems in terms of SNR and noise. For both systems, the
communications path was from the wireless laptop to the associated mesh node to
an Alvarion gateway and then on to the headend and FTP file server.
3. The test team transferred a 16,000,000 byte file (128,000,000 bits) from the laptop
to the FTP server (upstream) while measuring the time to complete the file
transfer, throughput, channel utilization, and error rates. The same tests were run
while transferring the file from the FTP server to the laptop (downstream).
AirMagnet Analyzer was used to take measurements. These tests were run
multiple times at each test location.
The IBM and WFI pilot systems exceed the minimum 1 Mbps upstream and downstream
throughput requirements stated in the RFP'
Table 3 includes average upstream performance measurements for the IBM and WFI
pilot systems.
Table 3. Average Upstream Performance Measurements
Measurement
File Upload Time
U stream Transfer Rate
Node Association Data Rate
IBM S stem
45 seconds
2.8 Mb s
24-36 Mbps
WFI S stem
39 seconds
3.3 Mb s
24-36 Mbps
Table 4 includes average downstream performance measurements for the IBM and WFI
pilot systems.
Table 4. Average Downstream Performance Measurements
Measurement IBM System WFI System
File Download Time 52 seconds 45 seconds
Transfer rate 2.5 Mbps 2.8 Mbps
Association Data Rate 24-36 Mbps 24-36 Mbps
The IBM and WFI pilot systems both have sufficient capacity to support 676 subscribers
per square mile. This equates to approximately 20 subscribers per mesh node. The
systems can both support this number of subscribers actively checking email and
browsing the Internet simultaneously. There would not be enough capacity, however, for
all 20 subscribers to simultaneously download large files at the throughput requirement of
1 Mbps.
5.4 Roaming Testing
The roaming testing assessed the following test criterion:
Seamless, in-motion usage (up to 60mph) throughout the coverage areas with no
interruption to applications running on the user device.
The roaming testing included the following for the IBM and WFI systems:
1. With the FTP server connected to the system as described above in Section 5.3,
the test team drove through the coverage area in an automobile at highest possible
speed with a wireless laptop (equipped with an Orinoco Gold 802.11 big radio)
connected to the system and downloading a large file from the FTP server. The
test team drove throughout the entire test area to determine how well the wireless
laptop roams from one mesh node to another.
2. While performing the step above, the test team recorded wireless packet traces
using AirMagnet Analyzer. The test team also made nodes regarding indications
given by the laptop regarding the connection status.
3. The test team observed the packet trace to determine roaming delays and whether
the roaming took place successfully.
Due to traffic and speed limits, the maximum speed attained was 35 miles per hour when
testing both pilot systems. Roaming was not seamless for both the IBM and the WFI
systems. Both systems exhibited periodic disconnections from the network and average
re-association times of up to a minute. Because the testing was done with a laptop and
common radio card, these results are characteristic oftypical user devices. This will
mostly impact the downloading of larger files and the ability to support real-time voice
applications while moving at vehicular speeds. Roaming would likely be better, however,
if using a client device having a radio specially designed for roaming.
There were no issues with seamless roaming on either system when traveling at
pedestrian speeds through the pilot test areas.
5.5 Battery Backup Testing
The battery backup testing assessed the following test criterion:
Battery and/or solar power backup for all network equipment sufficient to assure
continuous operation at full power and functionality for a period of not less than one
(J) hour in the absence of utility power.
The battery backup testing included the following for the IBM and WFI systems:
I. At a schedule time, the electrical power was removed from the pilot test
equipment for a 1.5 hour period.
2. The test team ensured that a wireless laptop was able to connect successfully with
a mesh node for a 1 hour period after the node's power was removed.
The IBM and WFI pilot systems demonstrated the ability to remain in operation for at
least 1 hour after the electrical power was removed.
DRAFT WI-FI AGREEMENT AND SCHEDULES
Attached hereto, are a draft Agreement and Schedules, as negotiated between the City of Miami
Beach and IBM with respect to the RFP No. 36-04/05 For The Design, Deployment, and
Management of a Citywide Wireless Network.
The Parties hereto represent that the Agreement and Schedules contain all material terms and
conditions with respect to their negotiations. From the City's perspective, the Agreement must be
submitted to the City Manager and the City Attorney for their approval.
The parties agree that they will, in good faith, work together to finalize the Agreement and each
reserve mutually agreed editorial privileges. However, the parties agree that no change shall
modify the substantial and material terms and conditions of the Agreement and Schedules.
Agenda Item ~ 1 D
Date 3-g- O~
DRAFT VERSION OF 3/7/06
WIRELESS SYSTEM AND SERVICE AGREEMENT
This Agreement (the "Agreement") effective as of day of
, 2006, (the "Effective Date") is entered into between the City of Miami Beach, a Florida
corporation, whose address is 1700 Convention Center Drive, Miami Beach, FL, 33139
(hereinafter referred to as the "City"), and International Business Machines Corporation, whose
address is 1 Alhambra Plaza, Coral Gables, FL (hereinafter referred to as "Vendor" or "IBM").
City and Vendor may be hereinafter referred to individually as a "Party" or collectively as the
"Parties. "
I. Definitions - For the purpose of this Agreement the following words, terms and
phrases shall have the meaning given herein. Words, terms and phrase not defined
herein shall be given the meaning in each respective Schedule, or as customarily used
in the industry.
1.1 Best-Effort Service - a net throughput per subscriber of one (1) to five (5)
megabit per second (Mbps) upstream (client device to Network) and downstream
(Network to client device) transmission.
1.2 Capacity - The maximum number of simultaneous connections or the
maximum amount of bandwidth at anyone given point in time.
1.3 City - The City of Miami Beach, FL.
1.4 Coverage Area - The entire 7.1 square miles of the City of Miami Beach,
including that portion of Fisher Island that is within the boundaries of Miami
Beach.
1.5 Encryption - State of the Art security standards, which include the
security for all critical Network Equipment and other components of the
System via secured facilities.
1.6 Equipment - Any and all components, facilities, wiring, electronics and
other materials utilized in the construction, activation, operation, management and
monitoring of the System.
1. 7 Network - All Equipment, Software, Firmware and Middleware including
both wireless and wired components necessary to provide Service.
1.8 Service - High speed wireless access to the Internet via Vendor's
Network from any point within the City including but not limited to seamless
roaming subject to the 95% in-street (outdoor) coverage requirement.
1.9 Software - Software means any and all software, middleware, and
firmware, both licensed by Vendor and Software that Vendor licenses from a third
DRAFT VERSION OF 3/7/06
party, and associated written and electronic documentation and data licensed in
connection with the provision of Services under this Agreement.
1.10 State of the Art - The most advanced, commercially available, Wireless
Fidelity (WiFi) and Worldwide Interoperability for Microwave Access (WiMax)
technology solutions related to levels of performance, Applications, Equipment,
Software and components, based upon ratified standards issued by the Institute of
Electrical and Electronic Engineers, Inc. (IEEE), to enhance existing or potential
user applications for the City and/or the Network users taking in
consideration performance, Capacity, signal coverage, reliability, features,
maintenance, and efficiency of frequency use. State of the Art shall not include
any technology or Equipment which is in Beta stage.
1.11 Street(s) - means the surface, the air space above the surface and the area
below the surface of any public Street, highway, road, boulevard, concourse,
causeway, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel,
park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive,
circle, easement, or any other public right-of-way or public place, including
public utility easements dedicated for compatible uses, or any other property in
which the City holds any kind of property interest or over which the City
exercises any type of lawful control, and any temporary or permanent fixtures or
improvements located thereon, as may be ordinarily necessary and pertinent to
construct and operate a Wireless Network.
1.12 Subscribers - public users, including but not limited to residents, visitors
and government users, who access the Network.
1.13 System - the Network and Services, including all Equipment and
Software, provided by Vendor pursuant to this Agreement.
1.14 Unlicensed Spectrum - a frequency block that does not require a license
from the FCC or equivalent governmental agency.
1.15 Vendor - International Business Machines Corporation ("IBM").
1.16 Wi-Fi - Wi-Pi shall mean any wireless local area network (WLAN)
products that are based on the Institute of Electrical and Electronics Engineers'
(IEEE) 802.11 standards.
1.17 Wi-MAX - broadband wireless Network that is based on the IEEE 802.16
standard, which ensures compatibility and interoperability between broadband
wireless access Equipment.
II. Scope of Agreement - Vendor shall provide, operate and maintain for the City a Wi-
Fi Network including but not limited to all design, construction, installation and
maintenance of Equipment, Software and Services necessary to make available free
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DRAFT VERSION OF 3/7/06
access to the Internet from any point within the City on a "Turnkey" basis as set forth
herein and subject to the obligations of the City of Miami Beach. Schedule II sets
forth the anticipated services and applications contemplated by the Parties to be
provided by the WiFi Network (hereinafter defined as Services). The City Request
For Proposals (RFP, Addendum No.1, dated 8/10/05; Addendum No.2, dated 8/24/05)
and the IBM responses thereto; "IBM Response to RFP No. 36-04/05", dated
2/21/06) are hereby incorporated herein by reference (collectively referred to herein
as the "RFP/Response") All provisions, terms and conditions contained in the
RFP/Response shall represent the obligations of the Parties as if same were set forth
herein unless expressly modified or amended herein. If there is a conflict between the
RFP/Response and this Agreement, this Agreement prevails.
III. Price and Terms of Payment - In consideration of Vendor's performance of the
Services, City shall permit Vendor to attach its Equipment to 260 mounting assets,
including but not limited to poles and other facilities owned by the City as set forth in
Schedule III, and shall pay Vendor for all Network elements and Services assigned to
and rendered to the City pursuant to this Agreement as set forth in Schedule ilIa.
Additionally, City may at its option purchase anyone single or combination of all
three optional additional items as set forth in Schedule IlIb. All taxes and similar
assessments, levies and government-imposed obligations with respect to Vendor's
income derived from its performance of Services hereunder shall be the obligation of
and be paid by Vendor.
IV. Term - The initial term of this Agreement shall commence the date of execution of
this Agreement by all Parties, the period of design, construction, installation and
testing of the System and six (6) years from the Acceptance Date of the System as
defined in Section V 1.4.2 herein unless otherwise terminated in accordance with this
Agreement. The City, at its sole option and discretion, shall have the option to renew
for two (2) terms of three (3) ears each, with the consent of the Vendor ("Renewal
Term"), unless otherwise terminated in accordance with this Agreement.
Notwithstanding the foregoing, if the City terminates this Agreement prior to the
expiration of the Initial Term or the Renewal Term and requests that Vendor to
complete the Services then in progress under any Work Order, then the terms of this
Agreement shall remain in full force and effect but only as applicable to any such
Work Order and only until the completion of the Services under any such Work
Order.
V. Design, Construction, Installation, Maintenance and Performance
1.1 System Design Methodology - Vendor shall employ a methodical
approach to Network design that centers around three progressively elaborated
levels of granularity and detail. The Network architecture shall have the capability
to evolve as the City's needs evolve thereby enabling the development of a
progressively more detailed set of Network designs, each meeting the full set of
functional requirements as set forth in Schedule V 1.1.
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DRAFT VERSION OF 3/7/06
1.2 Architecture and Design Services - The Vendor's wireless Network
solution shall be designed based on a three-tiered approach. The top tier will
consist of the applications management and support Services. This tier shall
include but not be limited to Internet gateway, splash page and portal applications,
OSS, customer and technical support Services, Network monitoring and
management. The middle tier shall be a multi-tier backhaul Network consisting
of both wired and wireless connectivity solutions operating in the unlicensed
spectrum while the wired connectivity shall be operated by fiber. However, with
the consent of the City, Vendor may substitute microwave facilities in lieu of fiber
for any connectivity solutions. All wireless Network backhaul solutions shall
additionally employ wired technologies such that the Network is at all times fully
redundant and available. The third and bottom layer shall consist of the Wi-Fi
Network Mesh for the Coverage Area. Schedule V 1.2 sets forth the required
elements of architecture for the System as well as required Services for the System.
1.3 Network Infrastructure Requirements - the System shall consist of a
wireless Network covering all 7.1 square miles of the City of Miami Beach.
1.4 Installation Services - Vendor shall provide turnkey installation Services
required to the successful deployment of the System on a reasonably expedited
commercially available basis. Schedule V 1.4 sets forth the specific installation
requirements and time schedules. Time is of the essence for completion of the task
set forth herein.
1.5 Telecommunications Connectivity Provisioning and Services -
Schedule V 1.5 sets forth the telecommunication connectivity provisions and
services necessary to accommodate the Network Capacity requirements for
aggregation points for wired or wireless telecommunications services.
1.6 Network Monitoring and Management Services - Vendor shall be
responsible for monitoring and managing the System, including but not limited to all
Network Equipment, hardware, Software, tools, personnel and other components
required to meet the reliability and performance goals of the City throughout the
term of this Agreement as set forth in Schedule V 1.6, including, but not limited
to, the following:
1.6.1 Performance Management - Measures and makes available
various aspects of Network performance so that inter-Network performance can
be maintained at an acceptable level.
1.6.2 Configuration Management - Monitor Network and System
configuration information so that the effect of configuration changes
(intentional or unintentional) can be tracked and managed.
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DRAFT VERSION OF 3/7/06
1.6.3 Accounting Management - Measure Network-utilization parameters
so that individual or group uses on the Network can be regulated appropriately.
Such regulation should minimize Network problems and maximize the fairness
of Network access across all domains and users.
1.6.4 Fault Management - Detect, log, notify support organizations and
users (where appropriate) of, and (to the extent possible) automatically fix
Network problems to keep the Network running effectively. This should
include proactive determination of symptoms, isolation of problems and
rapid resolution.
1.6.5 Security Management - Control access to Network and System
resources according to defined policies, as set forth in writing by the City, so
that the Network cannot be sabotaged (intentionally or unintentionally) and
those without appropriate authorization cannot access sensitive information.
1.6.6 Remote Operations Center - Vendor shall utilize a remote operations
center. Designated City Personnel shall at all times have unfettered access to all
Network management software. The remote control system shall include
deployment, provisioning, monitoring, managing and reporting functions. The
specifications for the Remote Operations Center are set forth in Schedule V
1.6.7.
1.6.7 Reports - Vendor shall provide the City a written report regarding
Network management, monitoring and maintenance on a quarterly basis or
within ten (10) days of any City request for the same. Vendor shall additionally
maintain all firmware, microcodes or middleware at no less than an in an n-l
status on a quarterly basis.
1.6.8 Vendor Representative - Vendor shall designate, in wntmg, an
executive from the Vendor company who is the primary or single point of
contact and provide the City with 24/7 contact information.
1.6.10 Additional Management - In addition, Vendor shall provide the
following technical requirements:
.
Support for event notifications
Support for group management of System components
Built-in configuration database
Support for Simple Network Management Protocol ("SNMP") standards
Graphical representation of Network data
Support for configurable Access Control Lists ("ACLs")
Ability to drill-down on System components
Ability to auto discover new devices in the System
Support for wireless proxy agents for non-SNMP devices
Support for statistical reporting
.
.
.
.
.
.
.
.
.
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DRAFT VERSION OF 3/7/06
1.7 Maintenance and Support Services. Vendor shall provide six (6) years of
maintenancelsupport Services at no additional cost to the City. Vendor shall be
responsible for all maintenance and support Services for all elements of the System,
including but not limited to all Equipment and Software and any data transport Services
that are required under the Agreement, and will be the single point of contact for
maintenance, Service and support. Schedule V 1.7 sets forth the required plan and for
maintenance of the System, which will include requirement for spare inventory.
Additionally, Vendor warrants that: (i) there will be minimal interruption of Service
during upgrades; (ii) backwards compatibility will be ensured for all existing
applications, Services and Subscribers as upgrades occur.
1.8 Operations Support Systems (OSS) Services - Vendor shall provide tier-one
support for hot zone technical support. Specific provisions are set forth in
Schedule V 1.9.
1.9 Use of Streets, Government Owned Facilities and Rights of Way Permits,
licenses and compliance with applicable rules and regulations of any
government agency - Vendor shall be solely responsible for obtaining all
necessary permits and licenses, and compliance with all applicable rules and
regulations of any governmental agency, having jurisdiction over the rights-of-
way, including but not limited to the Code of the City of Miami Beach.
1.9.1 Relocation Costs - responsible party The Vendor shall be
responsible for all costs incurred for removal and relocation of any
Network Equipment, including the cost of all permits and other approvals
necessary for the work. Further, Vendor is responsible for restoring any
damage to sidewalks, streets, curbs, landscaping, or other utilities or
facilities resulting from removal and relocation of Equipment.
1.10 Prioritization of Access and In Motion Service - Vendor's Network
shall ensure first right of access to government users. Vendor shall provide
seamless, in-motion connectivity throughout the Coverage Area to government users.
This includes the ability for Subscribers to maintain session-level persistence while
the subscriber's device is in motion at speeds up to sixty (60) miles per hour. This
capability must be supported with no interruption to applications running on the
device. Vendor shall provide in motion service as provided in Schedule V 1.10.
VI. System Security - The System shall provide State of the Art security creating a
means of authenticating users and a secure 802.1X or VPN method for securely
connecting to the Network as set forth in Schedule VI. Vendor shall be responsible
for the authorization and authentication security infrastructure for wireless
government users up to and until the City's designated demarcation point as set forth
in the design process in Schedule VI, Item 1. It is required by City that all installed
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DRAFT VERSION OF 3/7/06
system hardware employing a Windows based operating system, be procured from
Dell, as this is City standard. Vendors shall use best efforts to install any security or
encryption patches or updates on an expedited basis, but in no event shall this period
exceed forty-eight (48) hours from the release of any such update. These security
standards shall include but not be limited to the Encryption standard protocols as set
forth herein.
1.1 Encryption -Vendor shall design and provide State of the Art security
and encryption solutions for the Network, particularly for City users, which includes
but shall not be limited to the physical security for all critical Network Equipment
and other components of the System via secured facilities. The Vendor agrees to
provide solutions and support for the following as well as new security or encryption
protocols as they become commercially available:
. Media Access Control ("MAC") address filtering
. Wired Equivalent Privacy ("WEP") Encryption, including both 64 and 128 bit
keys
. Temporal Key Integrity Protocol ("TKIP") Encryption
· T AC & ACS Protocols
. Advanced Encryption Standard ("AES") Encryption
. Wi-Fi Protected Access ("WPA") & Wi-Fi Protected Access 2 Enterprise
("WPA2 Enterprise") Encryption
. 802.1x authentication using Extensible Authentication Protocol ("EAP") and
"Remote Authentication Dial-In User Service" ("RADIUS")
. The suppression of Extended Service Set Identifier ("ESSID") broadcasts
. Multiple ESSIDs and the ability to map ESSIDs individually to Virtual LANs
("VLANs")
. Filtering of traffic based on Internet Protocol ("IP") addresses, subnets and
Transmission Control Protocol ("TCP") ports
. Virtual Private Network ("VPN") tunneling
. Encryption of all control and Network management traffic transmitted within
the System
1.2 Network filter - Vendor shall provide State of the Art Network security,
capable of dynamically identifying possible security breaches, actively tracing the
root thereof and immediately taking corrective action. Support for State of the Art
Network traffic monitoring, analysis and reporting capable of capturing and
analyzing all traffic transport over the System and decoding all major TCP/IP and
application protocols in order to filter Network traffic to find specific information.
VII. Vendor Services Standards - Vendor warrants that it shall perform its Services in
accordance with the highest standards of care and diligence practiced by
telecommunications outsourcing professionals in performing Services of a similar
nature. If, during the term of this Agreement or the renewal thereof it is shown that
there is an error in the Services as a result of Vendor's failure to meet those standards,
and City has notified Vendor in writing of any such error within thirty (30) days,
Vendor shall perform such corrective Services within the original scope of Services
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DRAFT VERSION OF 3/7/06
as may be necessary to remedy such error at Vendor's sole cost and expense. Vendor
warrants it shall use its best efforts to ensure that all users receive continuous,
uninterrupted Service.
VIII. Technical and Customer Support - Vendor shall provide technical and customer
support for the System. Specific requirements are set forth in Schedule VIII.
IX. Training - (a) Vendor shall provide training for a minimum of two (2) weeks of
informal training on the design and operation of the overall System for a minimum of
four (4) City-designated persons prior to the activation of the System.
(b) Vendor shall provide a minimum of one (1) week of updated informal training on
the design and operation of the overall System for a minimum of four (4) City-
designated persons on an annual basis during the term of this Agreement.
X. Implementation and Activation Schedule - Vendor shall timely construct and
implement the Network as more specifically set forth in Schedule X. Vendor is on
notice that time is of the essence for compliance with this Agreement. It is the
Parties' intent that the System be designed, implemented and made operational on an
expedited basis.
XI. Inspection, Testing and Acceptance
1.1 Conditional Acceptance - (a) Vendor shall notify the City in writing
when Vendor contends that all Work comprising a Milestone as set forth
in the Schedule III is completed and ready for Conditional Acceptance by
the City. Within thirty (30) days following receipt of Vendor's written
notice, the City shall issue its written statement of Conditional Acceptance
of the Milestone, or its written notice that the Work comprising the
Milestone is not Conditionally Accepted. Conditional Acceptance will not
be unreasonably withheld provided that all Work comprising the
Milestone is completed and conforms to the Conditional Acceptance
Standards.
1.1.1 In the event any Work comprising a Milestone is rejected by
the City, the City shall, in its notice of rejection, specify in
reasonable detail the reasons for the rejection including a
description of the defects on which the rejection is based.
Vendor shall, within five (5) business days following receipt of
City's notice, deliver to the City its plan for correcting all
defects identified in the City's notice. Upon the City's written
approval of the plan of correction, Vendor shall proceed to
correct the defective Work in accordance with the approved
plan and shall complete all corrections within fifteen (15)
calendar days following receipt of the City's approval of the
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DRAFT VERSION OF 3/7/06
plan, or such longer period as the City may agree to in writing
(the "First Correction Period"). Upon completion of the
corrections, Vendor shall notify the City in writing of such
completion. The City shall determine whether the corrected
Work complies with the Conditional Acceptance Standards and
issue its written notice of Conditional Acceptance or rejection
of the corrected work to Vendor. If the Work is rejected a
second time, Vendor shall again be required to correct the
defects within five (5) days; and if the Work still does not
comply with the Conditional Acceptance Standards, following
the Second Correction Period, the City may, in its sole
discretion, (i) request Vendor, in writing, to remove the
rejected portion at Vendor's expense and to restore the System
(and the premises, if applicable) to its condition prior to
performance of the Milestone; andlor (ii) remove the rejected
portion itself, at Vendor's expense, if Vendor does not comply
with such request; and/or (iii) perform the rejected portions of
the work itself, through its own personnel or third parties, at
Vendor's expense.
1.1.2 The Conditional Acceptance Standards consist of the
following:
1.1.2.1 The descriptions of functionality and standards of
performance that are set forth in this Agreement that
apply to the Milestone;
1.1.2.2 The manufacturer's (including, without limitation,
Vendor's, where applicable) most current published
specifications for the Software, Equipment, and
Deliverables that apply to the Milestone
1.1.2.3 System designs, as accepted and approved by the
City;
1.1.2.4 The test criteria and standards of performance
provided in the Test Planes) as defined in
Section_ that are accepted and approved by the
City and apply to the Milestone; and
1.1.2.5 Successful completion of the Conditional
Acceptance Tests and the Reliability Period as
provided in Section _
1.2 Final Acceptance. Vendor shall notify the City in writing when Vendor
contends that all requirements for the System are completed and that the
System and all other components have been fully performed in accordance
with the Agreement, including, without limitation, the Final Acceptance
Standards as set forth herein, and the system is ready for Final Acceptance
Test(s). Following receipt of such notice, the City shall establish a
schedule for commencing and conducting the Final Acceptance Test(s);
the commencement date shall be not more than thirty (30) calendar days
following the date on which the City receives Vendor's notice, except as
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DRAFT VERSION OF 3/7/06
may be otherwise agreed to by the Parties. The System shall not be Finally
Accepted unless and until the System and all other components of the
System function together as an integrated whole in accordance with the
Final Acceptance Standards.
1.2.1 The Final Acceptance Standards consist of the following:
1.2.1.6
The descriptions of functionality and performance
and all standards of performance that are set forth in
this Agreement
The Documentation
The manufacturer's (including, without limitation,
Vendor's where applicable) most current published
specifications for all Software and Deliverables;
All design documents prepared by Vendor under
this Agreement, including, without limitation, the
Preliminary Design and Detailed Design;
The test criteria and standards of performance set
forth in the Test Planes), as accepted and approved
by the City; and
Successful completion of the Final Acceptance
Tests and the Reliability Period provided in Section
1.2.1.1
1.2.1.2
1.2.1.3
1.2.1.4
1.2.1.5
1.3 Acceptance Test(s); Test Planes) - The Services and Deliverables
comprising each Milestone in the Schedule III shall be subject to
conditional acceptance testing as approved and accepted by the City (the
"Conditional Acceptance Tests"), and the Services and Deliverables as an
integrated system shall be subject to final acceptance testing as approved
and accepted by the City (the "Final Acceptance Tests"). No Conditional
or Final Acceptance Test or other test of the Services and Deliverables
shall commence unless and until Vendor has delivered and the City has
accepted and approved, in writing, Vendor's written plan or plans setting
forth, for the Conditional Acceptance Test(s) and the Final Acceptance
Test(s), a test method and criteria and standards of performance that must
be satisfied for the test to be successful (collectively, the "Test Plan(s)"
that are acceptable to the City). The Test Planes) shall include, without
limitation, test methods and criteria and standards of performance for all
Project Milestones identified in Schedule III, and otherwise conform to the
general test requirements; and shall fully test the System for conformance
to the terms and conditions of the Agreement and other Final Acceptance
Standards. The Test Planes) shall be Deliverables under the Agreement.
1.4 Reliability Period - (a) FOR CONDITIONAL ACCEPTANCE: The
System elements of Milestones to be Conditionally Accepted must
function in conformance with the Conditional Acceptance Standards and
without any Material Defect or Material Failure for a period of ninety (90)
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DRAFT VERSION OF 3/7/06
consecutive calendar days, commencing on the day following the first
successful completion of the Conditional Acceptance Test. In the event
any System element or work comprising a Milestone suffers any Material
Defect or Material Failure prior to the expiration of such period (the
"Reliability Period "), Vendor shall remedy such Material Defect, and a
new ninety (90) consecutive calendar day Reliability Period (the "Second
Reliability Period") shall begin on the day that Vendor notifies the City
that the remedy has been completed. In the event System element or work
comprising a Milestone does not successfully complete the Second
Reliability Period without any Material Defect, the City may, at its sole
discretion, terminate this Agreement and exercise any remedy provided
therein.
1.4.1 (b) FOR FINAL ACCEPTANCE: It shall be a condition of
Final Acceptance that the completed and fully integrated
System function in conformance with the Final Acceptance
Standards and without any Material Defect for a period of on
hundred and eighty (180) consecutive calendar days,
commencing on the day following the first successful
completion of the Final Acceptance Test. In the event the
System suffers any Material Defect or Material Failure prior to
the expiration of such period (the"Reliability Period"), Vendor
shall remedy such Material Defect Failure, and a new one
hundred and eighty (180) consecutive calendar day Reliability
Period (the "Second Reliability Period") shall begin on the day
that Vendor notifies the City that the remedy has been
completed. In the event the System does not successfully
complete the Second Reliability Period without any Material
Defect, the City may, at its sole discretion, terminate the
Agreement for default and exercise anyone or more of the
remedies provided to the City in Section _ (Termination).
1.5 Acceptance or Rejection- If the System is not in compliance, the City
may, in its sole discretion, (a) reject the System and this Agreement shall be
terminated with all costs and fees to be paid by the Vendor within thirty (30) days of
receipt of the Notice of Rejection or the City shall have the right to exercise its rights
under the Construction Letters of Credit pursuant to Section XXVII 1.5, or in the
City's sole discretion (b) allow the Vendor additional time to come into compliance.
If the City determines that the System is in compliance, then the City shall accept the
System.
1.6 Acceptance Certificate and Transfer of Title - Upon the successful
completion of the applicable Acceptance Tests, Vendor shall submit to City an
Acceptance Certificate. Therein, the Certificate shall certify the test results and state
that the Equipment and Software is installed and operating in accordance with the
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DRAFT VERSION OF 3/7/06
requirements of this Agreement. Vendor shall then transfer Title and ownership of all
components of the System to the City.
1.6.1 Acceptance Certificates shall apply to each item of Equipment and
Software delivered and installed pursuant to this Agreement. City shall
sign the Acceptance Certificate upon successful completion of the
applicable Acceptance Tests, acknowledging that the Equipment, Software
and the System, to that stage completed, have been installed in accordance
with the requirements of this Agreement and the Specifications, and return
the Acceptance Certificate to Vendor.
1.6.2 The date on which the City signs the Acceptance Certificate shall
be the Acceptance Date of the System. Upon delivery of such Acceptance
Certificate to Vendor, "Acceptance" (or in its verb form "Accepted"), as
used herein, shall be deemed to have taken place.
XII. Ownership and Title to Equipment
1.1 Title to be held by the City - Upon written acceptance of the System
pursuant to Sec. XI, title to all components of the System including but not
limited to, Equipment and Software installed pursuant to this Agreement shall
be exclusively held by the City, free and clear of all liens and encumbrances.
All warranties, guarantees and licenses associated with any Equipment or
Software used in connection with the System shall be assigned to the City.
XIII. Upgrade and State of the Art System - Vendor shall maintain a State of the Art
System as defined in Section I, 1.10 herein during the term of the Agreement to
mitigate the risks of obsolescence in the system or its performance. It is Parties' intent
to maintain the system as the best of the best citywide wireless network. Vendor shall
provide to the City, at minimum, on an annual basis, a written report setting forth the
then current State of the Art for wireless Networks and Services including but not
limited to: (a) requirements to upgrade the System to enhance the existing level of
Services and applications; and (b) to provide any new wireless Services or new
products commercially available. Based upon the findings of the report, Vendor shall
simultaneously submit an upgrade plan to the City which shall include a description
of new Software, Equipment and Services the Vendor shall provide and the timing for
implementation of the new Software, Services and Equipment on a commercially
reasonable expedited schedule. The Parties contemplate that one complete
replacement of the network infrastructure shall be provided during the term of this
Agreement. Vendor's upgrade plan shall take into consideration backwards
compatibility, which must be provided for existing applications, services and
subscribers as upgrades occur. All upgrades shall minimize any interruption of
Services. In addition, Vendor must submit a support plan for installing new nodes on
an as needed basis to support additional capacity requirements, as needed. Vendor's
upgrade plan shall also take into consideration the need for continuity with existing
equipment. The Vendor's upgrade plan is subject to review and written approval by
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DRAFT VERSION OF 3/7/06
the City. The Parties anticipate that upgrades, including WiMax, under consideration
by the industry, as set forth in Schedule XIII, will be deployed by Vendor on an
expedited basis when commercially available. The City shall not be liable for any
costs related to upgrading the System, equipment and Services.
XIV. Warranties - Vendor shall warrant the entire Wireless Miami Beach System and all
work that is provided under the Agreement, including, without limitation: all
software, equipment, cabling, and other deliverables; network design and other
designs and studies furnished andlor used in the implementation of the System; and
implementationlintegration services, construction services, and any other services
required under the Agreement. The warranty guarantees that the System will conform
to all technical specifications, performance standards, and designs for the System that
are incorporated in the Agreement andlor furnished as deliverable under the contract.
The Vendor is responsible for all warranty obligations and is the single point of
contact for service under the warranty. The warranty period shall be for two (2) years,
commencing upon Final Acceptance of the System of by the City. In the event that
City determines there is a breach of the above referenced specifications or identifies
any defects in material or workmanship, Vendor shall, on a commercially expedited
basis, replace said Equipment. Vendor warrants that it holds a good and valid license
for all software delivered or installed under this Agreement.
xv. Insurance - Vendor shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance which shall be maintained with
insurers licensed to sell insurance in the State of Rorida and have a B+ VI or higher
rating in the latest edition of AM Best's Insurance Guide published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the
City's Risk Manager. These policies cannot be canceled, modified, terminated or
reduced in coverage without thirty (30) days prior written notice to the City. The Vendor
shall not commence any work pursuant to this Agreement until all insurance required
under this Section has been obtained and such insurance has been approved by the
City's Risk Manager. The insurance must be furnished by insurance companies
authorized to do business in the State of Rorida and approved by the City's Risk
Manager. Original certificates of insurance for the above coverage must be submitted
to the City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the office of the Risk Manager, 3rd Roor, City Hall.
The Vendor is solely responsible for obtaining and submitting all insurance
certificates for its sub-Vendors. Compliance with the foregoing requirements shall not
relieve the Vendor of the liabilities and obligations under this Section or under any
other portion of this Agreement, and the City shall have the right to obtain from the
Vendor specimen copies of the insurance policies in the event that submitted
certificates of insurance are inadequate to ascertain compliance with required
overage. Any exceptions to these requirements must be approved by the City's Risk
Management Department.
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DRAFT VERSION OF 3/7/06
1.1 Commercial General Liability - A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property
damage in the amount of a combined single limit of not less than $1,000,000. Coverage
shall be provided on an occurrence basis. The City of Miami Beach shall be named as
certificate holder and additional insured on policy.
1.2 Worker's Compensation Insurance & Employer's Liability - A policy
of Worker's Compensation and Employers Liability Insurance in accordance with
State worker's compensation laws as required per florida Statutes. Said policies of
insurance shall be primary to and contributing with any other insurance maintained by
Vendor or City, and shall name the City and the officers, agents and employees of
said organization as additional insured while acting within the scope of their duties but
only as to work performed by the Vendor under this Agreement.
1.3 Automobile Liability - A policy including, but not limited to, automobile
liability including bodily injury, personal injury, property damage in the amount of a
combined single limit of not less than $1,000,000. Coverage shall be provided on an
occurrence basis. The City of Miami Beach shall be named as certificate holder and
additional insured on policy.
1.4 Windstorm Coverage A policy coverIng the network's system and
equipment from windstorm damage.
XVI. Indemnification - Vendor agrees to indemnify and hold harmless the City of Miami
Beach and its officers, employees and agents, from and against any and all actions,
claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees,
for personal, or bodily injury, wrongful death, loss of or damage to property, at law or
in equity, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Vendor, its employees, agents, sub-
Vendors, or any other person or entity acting under Vendor's control, in connection
with the Vendor's performance of the Services pursuant to this Agreement; and to that
extent, the Vendor shall pay all such claims and losses and shall pay all such costs
and judgments which may issue from any lawsuit arising from such claims and losses,
and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals. The parties agree that one percent (1 %) of the
total compensation to the Vendor for performance of the Services under this
Agreement is the specific consideration from the City to the Vendor for the Vendor's
Indemnity Agreement. The Vendor's obligation under this Subsection shall not
include the obligation to indemnify the City of Miami Beach and its officers,
employees and agents, from and against any actions or claims which arise or are
alleged to have arisen from negligent acts or omissions or other wrongful conduct of
the City and its officers, employees and agents. The parties each agree to give the
other party prompt notice of any claim coming to its knowledge that in any way
directly or indirectly affects the other party.
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DRAFT VERSION OF 3/7/06
XVII. Public Entity Crimes. A State of Florida Form PUR 7068, Sworn Statement under
Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the
City's Procurement Division, prior to commencement of the Services herein.
XVIII. Conflicts of Interest . The Vendor agrees to adhere to and be governed by the
Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as
amended; and by the City of Miami Beach Charter and Code, which are incorporated
by reference herein as if fully set forth herein, in connection with the Agreement
conditions hereunder. The Vendor covenants that it presently has no interest and shall
not acquire any interest, direct or indirectly which should conflict in any manner or
degree with the performance of the Services. The Vendor further covenants that in
the performance of this Agreement, no person having any such interest shall
knowingly be employed by the Vendor. No member of or delegate to the Congress of
the United States shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
XIX. Intellectual Property. The Parties will work to come to an agreement to resolve
any Intellectual Property issues prior to the execution of this Agreement.
xx. Notices - All notices and communications in writing required or permitted hereunder
may be delivered personally to the representatives of the Vendor and the City listed
below or may be mailed by registered mail, postage prepaid (or airmailed if addressed
to an address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO VENDOR:
TO CITY:
Notices delivered hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
XXI. Limitation of Liability -
1.1 City - The City desires to enter into this Agreement only if in so doing the
City can place a limit on the City's liability for any cause of action for
money damages due to an alleged breach by the City of this Agreement, so
that its liability for any such breach never exceeds the sum of Agreement
Price less any sum paid by the City prior to the breach (unless the City has
drawn down upon the Construction Letters of Credit). Vendor hereby
expresses its willingness to enter into this Agreement with Vendor's
recovery from the City for any damage action for breach of contract to be
1 'i
DRAFT VERSION OF 3/7/06
limited to a maximum amount of Agreement Price less any sum paid by
the City prior to the breach (unless the City has drawn down upon the
Construction Letters of Credit). Accordingly, and notwithstanding any
other term or condition of this Agreement, Vendor hereby agrees that the
City shall not be liable to the Vendor for actual direct damages in an
amount in excess of the Agreement Price less any sum paid by the City
prior to the breach (unless the City has drawn down upon the Construction
Letters of Credit) but in no circumstances shall the City be liable to the
Vendor loss of or damage to data, special, incidental, or indirect damages,
or for any consequential damages, for lost profits, business, revenue,
goodwill or anticipated savings, or for any action or claim for breach of
contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement. Nothing contained
in this paragraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28, Florida Statutes.
1.2 IBM - The Vendor desires to enter into this Agreement only if in so doing
the Vendor can place a limit on the Vendor's liability for any cause of
action for money damages due to an alleged breach by the Vendor of this
Agreement, so that its liability for any such breach never exceeds the sum
of Agreement Price. Vendor hereby expresses its willingness to enter into
this Agreement with Vendor's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of the
Agreement Price. Accordingly, and notwithstanding any other term or
condition of this Agreement, City hereby agrees that the Vendor shall not
be liable to the City for actual direct damages in an amount in excess of
the Agreement Price, but in no circumstances shall the Vendor be liable to
the City loss of or damage to data, special, incidental, or indirect damages,
or for any consequential damages, for lost profits, business, revenue,
goodwill or anticipated savings, or for any action or claim for breach of
contract arising out of the performance or non-performance of any
obligations imposed upon the Vendor by this Agreement.
1.3 Notwithstanding the above, the limitation of liability of the Agreement
price as set forth above shall not apply for either Party to violations of
intellectual property rights and damages, for bodily injury (including
death) or damage to real and tangible personal property.
XXII. Independent Vendor Relationship - Vendor shall install the System and perform the
Services required under this Agreement as an independent Contractor. Vendor shall
not be considered an employee or agent of the City nor shall Vendor acquire any
property interest in any pole or other facility to which Equipment connected with the
System is attached. Nothing herein, shall be construed to create a joint venture
between Vendor and the City.
XXIII.Subcontracting Prohibited - Vendor is prohibited from subcontracting this
Agreement or any part thereof unless such subcontracting is first approved by the
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DRAFT VERSION OF 3/7/06
City in writing. A list of pre-approved sub-contractors is attached hereto as Schedule
XXIII. Neither party shall, on the basis of this Agreement, contract on behalf of or in
the name of the other party. Any contract made in violation of this provision shall
confer no rights on any party and shall be null and void in its entirety.
XXIV. Agreement User Access Fee - All entities, approved by the City, are eligible to
receive or utilize the City's Agreement and terms and conditions, except for, pricing
or the Additional Public Benefits. The City shall have no liability to Vendor for the
cost of any purchase made by an ordering entity and shall not be deemed to be a party
thereto. Vendor shall pay to the City, on a monthly basis, 1% of the total dollar
amount of all sales to governmental, not-for-profit or quasi-governmental entities,
resulting from this Agreement andlor utilization of the City's Agreement, pricing, or
terms and conditions. Vendor will provide to the City specification of solution and
elements to be made available subject to this Section.
XXV. Successors and Assigns - The Vendor shall not assign, sublet, conveyor transfer its
interest, in whole or in part, this Agreement without City's prior written consent.
Nothing herein shall be construed as creating any personal liability on the part of any
official, employee or agent of the City which may be a party hereto, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the City and
the Vendor. Any unauthorized assignment shall constitute default by the Vendor.
XXVI. Applicable Law; Venue - Vendor and City are subject to and agrees to comply with
all generally applicable local, City, state and Federal laws, ordinances, rules,
regulations and orders, existing or hereafter lawfully adopted. This Agreement shall
be governed by the Laws of the State of Florida. Venue for any action arising out of
the performance of this Agreement shall lie in any court of competent jurisdiction in
Miami-Dade County. BY ENTERING INTO THIS AGREEMENT, THE VENDOR
AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
XXVII. Termination and Liquidated Damages
1.1 Termination by Default
1.1.1 Termination for Default by Vendor - If, through any cause
within the reasonable control of the Vendor, Vendor shall fail to
fulfill in a timely manner, or otherwise violate any of the
covenants, Agreements, or stipulations material to the Agreement,
the City shall thereupon have the right to terminate the Services
then remaining to be performed by giving written notice to the
Vendor of such termination and Vendor fails to cure such default
after a period of thirty (30) days from receipt by the Vendor of the
written termination notice. However, the cure period for any
17
DRAFT VERSION OF 3/7/06
security or encryption patch update, as set forth in Section VI
above, shall be twenty-four (24) hours. In addition, no additional
cure period shall apply for Final Acceptance. In that event, the
City shall compensate the Vendor in accordance with the
Agreement for all Services performed by Vendor prior to
termination, net of any costs incurred by the City as a consequence
of the default. Notwithstanding the above, Vendor shall not be
relieved of liability to the City for damages sustained by the City
by virtue of any breach of the Agreement by Vendor and the City
may reasonably withhold payments to the Vendor for the purposes
of set off until such time as the exact amount of damages due the
City from Vendor is determined.
1.1.2 Termination for Default by City - If, though any cause within the
reasonable control of the City, City shall fail to fulfill in a timely
manner, or otherwise violate any of the covenants, Agreements, or
stipulations material to the Agreement, the Vendor shall thereupon
have the right to terminate the Agreement by giving written notice
to the City of such termination and City fails to cure such default
after a period of thirty (30) days from receipt by the City of the
written termination notice. Notwithstanding the above, City shall
not be relieved of liability to the Vendor for damages sustained by
the Vendor by virtue of any breach of the Agreement by City.
1.2 Termination for Convenience - The City may, for its convenience, terminate the
Services then remaining to be peIformed at any time without cause by giving written
notice to Vendor of such termination, which shall become effective thirty (30) days
following receipt by Vendor of such notice. In that event, all finished or unfinished
documents and other materials shall be properly delivered to the City. If the
Agreement is terminated by the City as provided in this section, the City shall
compensate the Vendor in accordance with this Agreement for all Services actually
performed by the Vendor and reasonable direct costs of Vendor for assembling and
delivering to City all documents. No compensation shall be due to the Vendor for
any profits that the Vendor expected to earn on the balanced of the Agreement. Such
payments shall be the total extent of the City's liability to the Vendor upon a
termination as provided for in this section.
1.3 Liquidated Damages for Construction Delay, Non-Delivery - The
Vendor shall pay liquidated damages in the event (i) principal Milestones andlor the
entire System are not delivered by the dates provided in this Agreement ; (ii) the
System is not delivered at all, or is delivered in a manner inconsistent with Agreement
requirements; (iii) the System suffers a total or partial failure that deprives Wireless
Miami Beach customers of Service; (iv) the Service or the System or any component
thereof is not in compliance with any requirement of this Agreement during the term of
this Agreement and any renewal thereof. The specific amounts of liquidated damages
will vary with the specific condition and are subject to negotiation, but shall be
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DRAFT VERSION OF 3/7/06
sufficient, at a minimum, to cover the cost of financing the System, in the event of non-
delivery; the cost of debt Service; and the cost of remedial measures by the City in the
case of partial to total System failure. Schedule XXVII 1.3 sets forth liquidated
damages agreed to by the parties.
1.4 Letter of Credit - The Vendor shall provide the City within fifteen (15)
calendar days of the execution of the Agreement, a Letter of Credit, from an
issuing bank located in Miami-Dade County, FL approved by the City, containing
all the provisions of Schedule XXVII 1.4, attached hereto, entitled "Letter of
Credit". The Letter of Credit shall be in the amount of $250,000 as a guarantee to
the City of the completion and performance of the work, as well as full payment
of all suppliers, laborers, or subcontractors employed pursuant to this Agreement.
In the event of a breach of this Agreement or any act of non-compliance by
Vendor, the City shall have the right to draw down from the Letter of Credit the
estimated cost of remedying the act of breach or on-compliance. The City may
execute such draw down ten (10) days after it has given notice to Vendor to cure
the breach or act of non-compliance and Vendor has failed to cure same or to
provide the City with a plan to cure that is acceptable to the City. The Letter of
Credit may be reduced or cancelled one hundred eighty (180) days after the
expiration or termination date of this Agreement and receipt by the City of
releases from Vendor in connection with any payments due suppliers and
provided that any amount in dispute between the parties remains or is replaced by
a cash security deposit.
1.5 Construction Letters of Credit - The Vendor shall provide the City within
three (3) calendar days of receipt of each payment from the City of any Capital
Payment made pursuant to Schedule III, a Letter of Credit, from an issuing bank
located in Miami-Dade County, FL approved by the City, containing all the
provisions of Schedule XXVII 1.5, attached hereto, entitled "Construction Letter
of Credit". The Letter of Credit shall be an amount equal to the amount of each
payment made by city as a guarantee to the City of the completion and
performance of the work, as well as full payment of all suppliers, laborers, or
subcontractors employed pursuant to this Agreement. In the event Vendor
breaches its obligation by failing to meet the Final Acceptance Standard after
notice and opportunity to cure as set forth in Section _, the City shall have the
right to draw down the Letters of Credit. The City may execute such draw down
ten (10) days after it has given notice to Vendor to cure the breach or act of non-
compliance and Vendor has failed to cure same or to provide the City with a plan
to cure that is acceptable to the City. The Construction Letter(s) of Credit shall
terminate upon Final Acceptance of the System by the city, pursuant to Section
IX.
XXVIII. Public Benefits - The Vendor shall provide the public benefits related to the
System as set forth in Schedule XXVIII. Notwithstanding anything to the contrary,
this provision is not subject to the Additional User Access Fee.
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DRAFT VERSION OF 3/7/06
XXIX. City Obligations - The City shall be required to provide Vendor City assets and
personnel as set forth in Schedule XXIX to assist in the installation, operation,
maintenance and upgrade of the System.
XXX. Most Favored Nations - Technology, Services and Costs - If, after this Agreement
is entered into, Vendor enters into an Agreement, with another municipality, city or
local government for the provision of Wi-Fi or WiMax Services, technology or
Equipment that provide comparable or better services as measured by such metrics as
intended purpose, throughput, spectrum, technology, application provisioning, size,
configuration, user density, as reasonably determined by the City, the City shall have
the right to amend this Agreement to include rights, obligations and benefits
substantially similar to those contained in such other agreement.
XXXI. Severability - If any court of competent jurisdiction orders the City, or finds a
provision in the Agreement is illegal, the Parties agree to delete that provision and to
modify the Agreement as necessary.
XXXII. Force Majeure - Vendor nor City shall not be considered in default by reason of any
failure in performance, if such failure arises out of causes reasonably beyond the
control of the Parties. Such causes include fire, flood, earthquake, elements of nature,
acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes,
lockouts, labor difficulties, acts of God, natural or public health emergencies, labor
disputes, and abnormally severe and unusual weather conditions.
XXXIII. Entirety of Agreement. Entirety of Agreement. This Agreement and the attached
Schedules constitute the complete basis for the Agreement. In the event of a
conflict between the terms of this Agreement and the terms of any Schedule, the
terms of the Agreement shall control. No other representations of any kind, oral or
otherwise, have been made.
XXIV. Reservation of Rights. Nothing herein shall be deemed a waiver of the City's right to
provide any form of communications or telecommunications services or to own, lease
or operate a System consistent with applicable federal and state law. Further, nothing
herein shall be construed to limit the City's lawful right to grant non-party entities
access to the City's Streets, Rights of Ways and facilities including but not limited to
poles consistent with applicable law, rules, regulations and technical standards.
IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe Effective Date.
CITY OF MIAMI BEACH
INTERNATIONAL BUSINESS
MACHINES CORPORATION
By:
By:
?O
Name:
Title:
Date:
Address: 1700 Convention Center Drive
Miami Beach, FL 33139
DRAFT VERSION OF 3/7/06
Name:
Title:
Date:
Address: 1 Alhambra Plaza
Coral Gables, FL
?1
DRAFT VERSION OF 3/7/06
SCHEDULE II
ANTICIPATED SERVICES AND APPLICATIONS
1. Network Infrastructure Procurement
Description: To order, procure and manage the delivery of the City of Miami Beach Wireless
network infrastructure components as listed in Attachment xx.
The Major Sub task are:
1. Receive acceptable City of Miami Beach notice to proceed to purchase specific
products.
1. Procure the products listed in Attachment xx coinciding with the deployment
schedule.
1. Receive the City of Miami Beach Project Manager's delivery confirmation
Task Assumptions:
1. Changes or additions to the procured products as listed in Attachment I as a result of
change in requirements, environmental conditions or other activities will be provided
through the Project Change Control Procedure.
1. The City of Miami Beach will supply a receiving facility for the procured hardware to be
delivered to.
Completion Criteria: This task will be complete when IBM has verified the delivery of the
value of hardware and software products listed in Attachment 1 and specified under "Charges" or
any subsequent Change Authorization.
2. Architecture and Desie:n Services
2.1 Task City of Miami Beach Wireless Network Design
In progress
2.2 Engineering Design - Site Survey
Description: Develop and document the detailed site survey for the backhaul, multipoint
and WiFi mesh for the 7 square mile City of Miami Beach coverage area.
The major subtasks are to:
1. Overall Wireless System Survey Planning
· Collection of all information from City recording all available facilities,
connected to network and areas to be covered
· Tower, streetlight and building mapping for the area
DRAFT VERSION OF 3/7/06
· Pre survey design of solution and review with the City of Miami Beach
· Coordination of survey project schedule with the City of Miami Beach
2. On Site Survey for Backhaul and Multipoint
· Onsite Survey of each location for LOS to second location or tower
o Tower climbing to guarantee LOS where required
o Bucket Truck where required
· Spectrum Analysis as required
· Digital pictures of all site details
· Identification of mounting requirements, and review with City of Miami
Beach Facilities or Public Works management
· Identification of cable runs for power, grounding, RF and network
connections
· Site grounding upgrade requirements
· Recommendations for structural analysis if needed
3. WiFi Mesh Planning Survey
· Perform Detailed Site Survey for WIFI via onsite Survey of each location for
line of site to other mesh and gateway locations
· WiFi Hot Spot Prioritization
· Spectrum Analysis (if needed)
· Produce Coverage Reports
· Digital pictures of all site details
· Identification of mounting requirements, and review with facilities manager if
possible
· Identification of power, grounding, RF and network connections
4. Design Review and Acceptance
· Presentation of site design and build plan
· Conduct 2 follow up design reviewlacceptance meetings
Completion Criteria: This task will be considered complete when the "City of Miami
Beach Wireless Coverage Physical Network Specifications" document package is
submitted to the City of Miami Beach Project Manager.
Deliverable: City of Miami Beach Wireless Coverage Physical Network Specifications
Purpose: IBM will provide a document with the details of the Wireless
Network infrastructure physical engineering specifications for City of
Miami Beach consideration
Delivery: One hard copy and one soft copy (CD) in PDF format will be
delivered to the City of Miami Beach Project Manager.
Content: The report will consist of the following, as appropriate:
Delivered Site Survey Report:
1. Full report submission with pictures identifying each site build plan
DRAFT VERSION OF 3/7/06
1. Report of all gathered information on site location
1. Overall maps and summary of proposed network
1. Engineering Path Analysis between sites
1. WiFi Coverage Maps
3. Installation Services
3.1 Site Acquisition
Description: Assist the City of Miami Beach with lease negotiations for installation of
Backhaul equipment for the City of Miami Beach coverage area.
Site Acquisition
· It is the intent of the parties to use City assets i.e. existing poles and city owned
and controlled roof-tops for the System facilities. In the event additional sites are
required, the Parties agree to evaluate the following additional site options in
priority order:
1. Minimal installation of new city poles
1. County or FP&L poles already in place
I. Non-city owned or controlled roof-tops
1. Additional new city poles
· IBM will assist in Lease Negotiations for Backhaul buildings with an allowance
of up to 80 hours of project site acquisition support. This can include:
o Assistance in preparation of leaseloption exhibits for tower/building
leases
o Permission for preliminary site surveys, inspections, site visits
o Review agreements to ensure compliance with special conditions
pertaining to technical installation
o Assist in negotiation of final lease agreements.
Completion Criteria: This task will be considered complete when the City of Miami
Beach obtains agreements for use ofbackhaul buildings.
Deliverable: None
3.2 FCC Licensing
Description: Obtain appropriate FCC licenses for the City of Miami Beach wireless
network.
FCC Licensing
· IBM will obtain 4 Government owned FCC licenses for 6, 11, 18, or 23 GHz
radios.
DRAFT VERSION OF 3/7/06
· IBM will collect license owner data from customer and necessary information
for completion of forms
· IBM will complete and send all path engineering forms to FCC Frequency
Coordinator
· IBM will perform search for Frequency availability
· IBM will receive City of Miami Beach Approval Notice (CAN) of License
from FCC and send to Customer for approval
· Customer must sign and return CAN for final approval
· IBM will forward final licenses to customer
· IBM will complete FCC database filings after installation
Completion Criteria: This task will be considered complete when IBM provides the City
of Miami Beach project manager FCC licenses.
Deliverable: Required FCC licenses
Purpose: Allow the City of Miami Beach to be in compliance with FCC
requirements regarding the installed wireless network
Delivery: One hard copy set of final licenses delivered to the City of
Miami Beach Project Manager.
Content: FCC license document
3.3 City of Miami Beach Wireless Network Installation
Description: Install the backhaul, multipoint and WiFi mesh for the 7 square mile City of
Miami Beach coverage area.
Installation
Licensed Backbone Links:
Install four licensed links for the core backbone for the city wide wireless
network;
· Install Three links of Licensed 18 Ghz :
o (6) 18GHz split design 200Mbps Licensed Radio
o (6) 4ft 18GHz direct connect dish
o (6) Pole mount or mounts for the dishes: Exact specifications
and numbers will be determined upon completion of the site
survey.
o All mounts will have increased strength mounting materials.
o Install 50" NEMA 4 enclosures with fans and air option
o Install Outdoor rated coax and route to enclosures that are
described in the bill of materials.
o Ground all equipment
o Install lightning protection
DRAFT VERSION OF 3/7/06
o Weatherproof all outdoor connections.
o Install layer 3 switches at the four backhaullocations
o Turn up and test backhaullinks
. Install from North to South a 11 Ghz link;
o (2) 11 GHz split design 100Mbps Licensed Radio
o (2) 4ft IIGHz direct connect dish
o (2) Pole mount: Exact specifications will be determined upon
completion ofthe site survey
o Install Outdoor rated coax and route to enclosures that are
described in the bill of materials.
o Ground all equipment
o Install lightning protection
o Weatherproof all outdoor connections.
o Turn up and test backhaullinks
B28 Link:
5.3Ghz Link to South Beach Backhaul Point (Southern Beach Area
Coverage - Govt Cut)
.
(2, one each site) Install radios 5.3 GHz B28 Links to
Buildings listed above.
(2, one each site) Install outdoor CA T5 cable to
accommodate each of the access units,
Install (2) panel antennas to achieve a point to point
connection
Pole mount or mounts for the panel antennas: Exact
specifications and numbers will be determined upon
completion of the site survey.
Install lightning protection and ground cable if needed.
Weatherproof all connections
(1, far end) Install 50" NEMA 4 enclosures with fans and
air option
Install layer 3 switch at far end
Turn up and test link
.
.
.
.
.
.
.
.
Multi Point Backhaul Links:
5.8GHz Multipoint Access units will be installed at the 4
distribution points of the back haul network plus the South Beach
distribution area, each providing 360 degrees of coverage:
.
Install base Station Chassis wi Redundant PS
Install 5.8Ghz Base Station Card with 120 Degree
.
DRAFT VERSION OF 3/7/06
· Install three runs of outdoor CA T5 cable to accommodate
each of the access units,
· Install (3) sector antennas to tower to achieve 360 deg
coverage
. Install lightning protection and ground cable if needed.
· Install increased Strength Mounting Materials
· Weatherproof all connections
. All mounts will be determined upon completion of the site
survey
· Connect to layer three switch that will be installed with
Back haul links
· Turn up and test link
City-wide Hot Spot Build
Multi Point Subscriber Units:
Install 50 Subscriber units which will connect WiFi Gateways back
to the multipoint equipment at the main back haul distribution
points. Installation at each location will consist of the following:
· Installation of Alvarion VL 54Mbps Subscriber on existing
light or telephone poles
· Install mount to be determined upon completion of the site
survey
· Install Outdoor CA T5 Cable and connect to
· Install Outdoor Battery backup
· Connect power to radio from pole (power connections will
be defined after survey)
· Turn up and test radio
· Align antenna
· Connect to Tropos Gateway mesh node
Tropos Mesh Installation
.
Install 259 mesh nodes on existing poles
Mount Tropos Access Point to pole (exact mounting will be
defined after survey)
Connect power radio from pole (power connections will be
defined after survey)
Turn up and test radio
Configure radio into Mesh Network
.
.
.
.
Completion Criteria: This task will be considered complete when all the wireless system
components listed in Appendix xxxx have been installed.
Deliverable: None
DRAFT VERSION OF 3/7/06
Task Assumptions:
1) 20-30% of the Miami Beach Area may have sufficient mounting assets for a
proper deployment of a mesh network. The southernmost and northernmost
sections of the beach have mounting assets available for the mesh network
design. All other areas of the beach do not have sufficient mounting assets that
are conducive to utilizing the mesh network.
1) Mounting on existing street lights in all areas of the City is contingent upon the
City's constraints related to acceptable wind load and structural design
standards on the poles.
1) Many existing utility poles are not in disrepair or have power issues and may not
support the wireless infrastructure. IBM will not be held responsible for lapse in
coverage or schedule delays if City assets that are classified as suitable for
mounting cannot be utilized because of their individual condition. The
acceptance period will not be affected by these constraints.
1) IBM may utilize alternative technology to provide coverage in a more efficient
manner by using supplements to mesh technology.
1) Solar power options may be considered for utilizing new utility poles where
delivery of permanent power may take a long time.
1) Utilization of the smaller decorative poles in areas of Miami Beach will
significantly reduce performance and create mounting issues.
1) A minimum of 60 locations will require strong mounting assets as the backhaul
nodes have a greater wind load and weight. Deployment will require a total of
260 mounting assets suitable for handling the weight and the wind load of the
equipment with a desired minimum height of approximately 25ft.
3.4 Wireless Network Testing and Tuning
Description: Perform final network testing and fine tuning.
Overall System Review and Tuning
· Perform System testing and document coverage
· Perform final tuning and re-allocation
Deliverable: Final Design and As-Built Report
Purpose: IBM will provide a final design and as-built report with all final
design details for the City of Miami Beach Wireless Network.
DRAFT VERSION OF 3/7/06
Delivery: One hard copy will be delivered to the City of Miami Beach
Project Manager.
Content: The report will consist ofthe following, as appropriate:
· IBM Installation Checklist
· Documentation on Components (Antenna, Mount, ODU, IDU,
Cable, Lightning Protection, etc.) showing manufacturer, model
numbers, serial numbers, configuration, frequency, and more.
Note: City testing and acceptance process is set forth in Section XI.
4. Pro2ram and Proiect Mana2ement Services
Description: The objective of this task is to provide an individual ("IBM Project
Manager") to provide direction and control of IBM project personnel, and to establish a
framework for project communications, reporting, procedural and contractual activity.
The major sub tasks are:
1. Maintain project communications through the City of Miami Beach Project
Manager.
1. Establish documentation and procedural standards for the development of this
project.
1. Prepare a project plan at the onset of this project for performance of this
Statement of Work. The project plan will define tasks, schedule and responsible
person( s) or organization for each milestone.
1. Conduct project status meetings.
1. Prepare and submit monthly Status Reports.
1. Review and administer Project Change Control with the City of Miami Beach
Project Manager.
Completion Criteria: This activity will be complete when the other activiti~s described
as IBM Responsibilities have been completed, according to their completion criteria, or
IBM has met the criteria defined in the Completion Criteria section of this Statement of
Work.
IBM's Project Management Office Description:
a. IBM will provide a Single Point of Contact (SPOC) through its project
management office.
1. Staffed by a senior PMI certified project manager
1. An IT Architect
1. Network Specialists
1. Administrative support
DRAFT VERSION OF 3/7/06
1. IBM's project team including customer support and technical
resources will report through the IBM Project Office to the IBM
Project Manager.
1. The IBM Project Manager will report directly to the City of Miami
Beach's designated project manager for the wireless project.
1. IBM will commit to utilizing network and office space at the Old City
Hall location or a location to be determined with the City in order to
provide a location for server hardware and physical work space for on
the ground team members.
1. Additionally, IBM may wish to work with the City to establish a
physical office within the City of Miami Beach and will coordinate
with the City to determine the details of such an arrangement. The
local IBM team currently operates out of the Coral Gables facility
where IBM has been based for the last 15 years.
Note: IBM will assess the integration of wired backhaul and present a solution to the City
that complies with the requirements as set forth in the RFP.
DRAFT VERSION OF 3/7/06
SCHEDULE III
LIST OF POLES AND OTHER FACILITIES TO BE USED AS MOUNTING ASSETS
To Be Determined
Cllplial
( Baflns atconimc;t lIIlIIlcwoncl
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DRAFT VERSION OF 3/7/06
SCUI.Dt1U:ll1u
YR1
YR2
\1Ft)
YR4
YIU
'tRlS
Total
S L44Gl,!'iOll'
$1..449,500
YR1 'I'M YIlt:! 'YR. YR.I 'tRlS Total
$43iUl'9 41l1.005 f>23.1316 533,1100 55'9,916 tlJ5.9~5 $~,(J492!:lI
91)411) 104.474 104.474 11}*,474 104.474 104.474 (;1;( 1140
$521:tiM9 5lii2,43iI 62J'.&10 638,334 6$4,4~ 1510A4d} $Si'i62".131
Tf,ll&j $!;.,HiHlJjQ
$66,100
DRAFT VERSION OF 3/7/06
SCHEDULEIIIb
ADDITIONAL OPTIONS
Option Number 1:
In-building (indoor)
coverage to 90% of
residences and
businesses including
high-rise buildings $487,300
located in the City
including separate costs
for proposed CPE
. 1
eqUIpment.
Option Number 2:
Any additional
infrastructure,
deployment, $146,630 $104,474 $104,474 $104,474 $104,474 $104,474 $669,000
management, software
and cost increases for
providing public access
Citywide. (100%
Citywide Hot Zone).
$0
$0
$0
$0
$0 $487,300
Option Number 3:
Provide cost information
for longer term battery
backup for all network
equipment sufficient to $351,500
assure continuous
operation at full power
and functionality for a
period of not less than
ten (10) hours in the
absence of utility power.
$31,600
$31,600 $31,600 $31,600 $31,600 $509,500
I This represents 100 units at a unit cost of $4,873.00 that may be purchased at any time during
the term of the Agreement. Additionally, the City may purchase additional units at the same cost
as above over the term of the Agreement.
DRAFT VERSION OF 3/7/06
SCHEDULE V 1.1
WIRELESS NETWORK ELEMENTS AND SERVICES TO BE RENDERED TO
THE CITY OF MIAMI BEACH
Wireless Network Architecture and Desie:n
System Desie:n Methodolol!V
IBM employs a methodical approach to network design that centers around three progressively
elaborated levels of granularity and detail. These phases provide the steps necessary to design a
network - from the high level 'logical' design down to the detail design where vendor products
are selected. This method allows us to take a modular approach built upon the City's
functional and operational requirements. Using this model will help enable the development of
a progressively more detailed set of network designs, each meeting the full set of functional
requirements.
The first level of design (referred to as the Network Conceptual Design), provides for the basic
building blocks of the network - showing logical connection points between network nodes and
links.
The second level of design (Network Specified Design) adds required client attributes like
performance, scalability, management and availability to the design. Additionally, generic
network components (routers, switches) are selected.
The third level of network design (Network Node Design) provides for vendor products
meeting the above design criteria to be specified and added to the detailed design.
This design methodology provides:
· A way of linking networking to other aspects of the IT and business organization at key
design decision points: systems management, applications development,
organizational change, testing, business continuity
· A hierarchical set of network designs - each providing more detail as the networking
requirements are refined
· A flexible approach to constructing a network design in any environment - campus,
international, LAN-based, WAN-based, etc.
· The input to the critical planning steps required for implementing and operating a
network.
The design methodology addresses all documenting requirements of the solution, including the
tiered infrastructure, NOC, and secure usage by government workers.
Backhaul Network
A resilient backhaul network leveraging wired and wireless connectivity in a multilayered
topology is offered as part of our solution. The first backhaullayer is a distributed-wireless
DRAFT VERSION OF 3/7/06
backhaul network using unlicensed 5.8 GHz spectrum that connects to the WiFi network and
consolidates to four primary backbone locations utilizing a point-to-multipoint connectivity
scheme. The design proposes 49 distributed gateway points between the WiFi network and
backhaul. At these points, Tropos gateway nodes or Base Stations are Ethernet connected to
Alvarion 5.8 GHz subscriber units. The Alvarion subscriber units then wirelessly connect to one
of 4 Alvarion multi-sector base stations which are co-located with microwave wireless ring
connection points. Data is transferred from the wireless access layer, to the wireless backhaul, to
the microwave ring. For public access traffic, the BellSouth network delivers the subscriber data
to the Internet. Government worker traffic is routed separately to the City's internal network
through a single demark connected to the microwave ring. Network traffic routing is managed
by Layer 3 Cisco 3560 network switches.
The distribution network for Tropos and Base Station backhaul as well as any additional fixed
locations the city requires is provided at the four core backbone locations as well as an additional
location in South Beach, server by one of the by Alvarion 5.8Ghz base stations. The Multipoint
network will consist of 5.8 GHz that will service the government as well as the private sector
uses.
In addition to the high capacity of the distribution network, the multi-sector design supports true
redundancy from a gateway subscriber connectivity level. The 360-degree design takes
advantage of the inherent "best Access Unit" function of the Alvarion equipment. If a sector
within a distribution site should fail, the gateway node subscriber will automatically switch to
the neighboring base station at the distribution site. While performance may be affected during
this time, connectivity is still maintained until the failed sector is repaired.
The four backbone nodes will backup one another via point-to-point wireless to increase overall
backhaul network availability. Through the microwave network, traffic will route according to
user type and application. Public access users will be routed through the Internet Gateway to the
splash page and portal, as well as to the Internet. Government workers will be routed to the
Internet to secured City applications and data based on their authorization through the City's
VPN services.
WiFi Network
The user WiFi network is composed of a mesh environment using the 802.11g protocol
supplemented with a Base Station solution using 802.11g/b. The mesh technology utilizes
flexible coverage and connection routing to provide a high degree of performance and
availability .
The WiFi cells automatically self organize and determine the best RF path to get to the local
interconnect locations. These RF paths are continuously evaluated and altered as needed.
Depending upon building density and foliage, approximately 33 nodes per square mile will be
required for good coverage of the City. The requirements of low power handheld devices such
as PDAs increase the required node density count due to the client side power issues. Coverage
will propagate indoors, but this varies greatly depending on building type.
DRAFT VERSION OF 3/7/06
Where interference in the 5.8 GHz band exists or may exist in the future, 5.3 GHz Backhaul
Nodes may be added in conjunction with or replacement for, the 5.8 GHz Backhaul Nodes.
This provides an extremely resilient and flexible network for future growth and scalability.
The proposed design of the distribution network is based on 1 to 1.8-mile radius cells. Upon
award, the full design and survey study will determine the exact required placement and actual
coverage of each distribution site.
DRAFT VERSION OF 3/7/06
SCHEDULE V 1.2
WIRELESS ARCHITECTURE AND DESIGN GUIDING PRINCIPLES
· Support throughout the Coverage Area for wireless access from desktop PCs, laptop
PCs, handheld devices, mobile phones and other manned or unmanned devices
equipped with either an IEEE 802.11 b or 802.11 g wireless interface.
· Support throughout the Coverage Area for "Best-Effort" Service with an average net
throughput of one (1) megabit per second (Mbps) upstream (client device to network)
and downstream (network to client device) transmission.
· 70% in-building (indoor) coverage for residences and businesses within the Coverage
Area. A residence or business is assumed covered under this requirement if a single,
first or second-floor room, (e.g. adjacent to an exterior wall in residence or business),
can access the wireless network at the stated best-effort services levels. 95% in-street
(outdoor) coverage for devices within the Coverage Area with no additional hardware
required beyond the device's standard wireless interface.
· Support for having parks, common areas and other public spaces within the City defined
and managed to allow any user with a mobile device to gain free and open access to the
System while in these areas.
· Battery and/or solar power backup for all Network Equipment sufficient to assure
continuous operation at full power and functionality for a period of not less than ten (10)
hours in the absence of utility power.
· Support for a mixed wireless and wired "backhaul" solution to aggregate Wi-Fi Network
traffic from multiple Subscribers and access points back to an Internet point of presence
("PoP").
· Support for pole, roof and wall mount options for wireless Network Equipment.
· Compliance to IP56INEMA4 dust and water ingress ratings for all outdoor-mounted
Equipment.
· Support for ambient temperature ranges of 0 F to + 122 F for all outdoor-mounted
Equipment.
· Support for all outdoor-mounted Equipment to withstand wind loads up to 150 mph and
consistent with any codes and/or regulations that may exist within the City of Miami
Beach, with no impact to operation of the System.
· Protection against power surges, including lightning strikes, for all electrical and
Network connections.
· Support for the logical segmentation of the System to support different "domains" of
users. This must include the ability to defme and manage different profiles for
authentication, encryption and other service characteristics based on the requirements of
each user domain.
· Support for seamless, in-motion usage throughout the Coverage Area by government users.
This includes the ability for Subscribers to maintain "session-level" persistence while the
subscriber's device is in motion at speeds up to sixty (60) miles per hour. This capability
must be supported with no interruption to applications running on the device.
· Support for both 32 bit (IPv4) and 128 bit (IPv6) IP Addressing, including multicast and
any cast support.
DRAFT VERSION OF 3/7/06
· Support for the prioritization of Network traffic for specific applications, users, devices, and
domains.
· Fault tolerance mechanisms to mitigate and/or eliminate single points of failure for all
components of the System.
· Guaranteed reliability of 99.9% for the 802.11g and 802.11b tier of the System and
99.999% for the backhaul and PoP tiers of the System.
· Sufficient capacity throughout the System to support the subscriber projections
defined by the City at the service levels described above throughout the contract term.
These subscriber projections are provided below for reference:
Subscribers Analysis Estimated Subscribers (thousands)
Residential 2.7
Internal Government Use 1.0
Dailv Visitors 1.1
Total Subscribers 4.8
· Scalable to support additional users, capacity, and functions throughout the contract
term. Given that specific, future subscriber and/or public access applications are not
defined in the RFP, it is critical for Proposers to elaborate on how their proposed
solutions can scale and adapt in a modular way to increase coverage areas, users,
capacity and functions.
DRAFT VERSION OF 3/7/06
SCHEDULE VI
City of Miami Beach Government User Wireless Svstem Security Solution
IBM will work with Miami Beach to design and implement the wireless system security
solution for Government users that are using the wireless network for government network
application access.
1) Government User Wireless System Security Solution Design
Description: Through a series of two structured workshops with the City of Miami
Beach, IBM will work with the City of Miami Beach to define and document the wireless
security architecture. The architecture will include physical and logical views including
authentication, authorization, user repositories, and City of Miami Beach administration
requirements if any.
The major sub tasks are:
1. Conduct up to two (2) half-day requirements gathering workshops with key technical
personnel to identify and document the business and technical requirements for
wireless security integration.
2. Document the City of Miami Beach wireless security to include encryption,
authentication and acceptable protocol requirements in the Requirements Document
3. Develop and document the City of Miami Beach Government user design in the
Solution Design Document
4. Review Solution design document with the City of Miami Beach
5. Develop a bill of materials for proposed solution for review by the City of Miami
Beach
6. Develop and document the Security System Test Plan
Completion Criteria: This task will be considered complete when the wireless system
security requirements, design, and test plan have been submitted to the City of
Miami Beach project manager.
Deliverables:
1. Wireless System Requirements Document
2. Wireless System Solution Design Document
3. Wireless Security System Test Plan
Task Assumptions:
1. Essential City of Miami Beach personnel will participate in the Wireless
Security System requirements definition and design workshops.
DRAFT VERSION OF 3/7/06
2) Implement the Government User Wireless System Security Solution
Description: IBM will implement the agreed to security solution as documented in the
design documents.
The major sub tasks are:
1. Procure hardware and software required to implement the agreed to wireless
security design
2. Develop implementation schedule with the City of Miami Beach during
agreed to maintenance windows.
3. Assist the City of Miami Beach with the documentation require d to comply
with operational or change control processes.
4. Configure all hardware and software
5. Install all hardware and software in the designated City of Miami Beach
location.
Completion Criteria: This task will be considered complete when the security system
infrastructure has been configured and implemented.
Deliverables: None.
Task Assumptions:
1. The City of Miami Beach will require one instance of the required security
infrastructure.
3) Implement the Policy for the Government User Wireless System Security
Description: Configure and implement the security policies and settings on the agreed to
security infrastructure including but not limited to IBM provided security devices.
The major sub tasks are:
1. Install and configure the 2 Access Control Servers and 1 WLSE server specified
in Appendix A.
2. Develop security settings for the Mobile Access Router Wireless Mobile Interface
Cards.
3. Execute Wireless Security System Test Plan
4. Provide documented security policies to be implemented by Miami-Dade.
DRAFT VERSION OF 3/7/06
Completion Criteria: This task will be considered complete when the security policies
have been implemented and testing is successful, according to the
security system test plan as set forth in Step 1, above.
Deliverable: None
Task Assumptions:
1) The City of Miami Beach will be responsible for the procurement,
implementation and configuration of any portions of the City of Miami Beach
Government User Security solution that involves changes or additions to any data
servers, client devices, or existing infrastructure components not limited to
existing City of Miami Beach firewall, VPN and other related devices.
DRAFT VERSION OF 3/7/06
SCHEDULE V 1.4
WIRELESS NETWORK INSTALLATION REQUIREMENTS
· The installation and configuration of all Network components, access points, routers,
bridges and other Network Equipment.
· Coordination with the City and any other parties required for access to any structural assets,
facilities or permits required for the installation of the System.
· The ramp-up and activation of all Services to include but not be limited to customer Service,
technical support, hosting, ass, Network management Systems, processes and personnel.
· The configuration and integration of all components in the Systems.
· A safety plan detailing precautionary measures taken to mitigate risks during installation.
Hi~h Level Project Schedule
This schedule governs delivery notwithstanding any other language in Agreement including
Section V, 1.4.
IBM is proposing the following project deployment schedule and methodology. By working
with the City, together we will be able to accomplish the City's goal to have the wireless
deployment completed by the end of June. The feasibility of this plan has several dependencies
associated with it and assumes the availability of adequate City owned mounting assets
throughout the City as well as the integration of the City's Public Works resources into the
project schedule. IBM will work closely with the City of Miami Beach to identify the amount of
resources and will present the schedule that the City of Miami Beach will meet in order for IBM
to maintain its project schedule. Together, the City and IBM can have the citywide public
hotspots operational as soon as possible.
There are five phases defined in the plan below. Note most major tasks have been "fast tracked"
or have been schedule to run in parallel with their predecessors instead of having a "Start to
Finish" relationship. In order to accomplish this, IBM will introduce additional resources than
previously planned to expedite the schedule and meet the City's desired schedule. There are a
total of four engineeringldesign teams and four deployment teams scheduled. IBM will work
with the City to adequately identify the required City resources to execute this schedule and
identify contingency plans to ensure a timely completion
DRAFT VERSION OF 3/7/06
.." .." Miami Beach \\'Ifi Project
':*'0.. . .'. Pha:eo. PT.oJect Prttparation
, Phase' .Hetwofk Design
:.. , Phase 2 . Nlftwork Compommt Procuremen~
I.~ ~ ......3-___!""_
. .... Phase 4 . Final Acceptance ~!$S
The City of Miami Beach and IBM will jointly finalize the detailed project schedule during the
design phase of the project.
Acceotance and Pavment: The payment schedule will be based on a partial payment schedule
according to successful completion of each Phase described above.2 The payment schedule for
the Year One Capital Cost will be as follows:
. (i) Notice to Proceed
. (ii) Phase 1
. (iii) Phase 2
. (iv) Phase 3
. (v) Phase 4
20% of the Year One Capital Cost
20% of the Year One Capital Cost
20% of the Year One Capital Cost
20% of the Year One Capital Cost
20% of the Year One Capital Cost
2 Milestones are set forth in Schedule V 1.4.
DRAFT VERSION OF 3/7/06
SCHEDULE V 1.5
TELECOMMUNICATIONS PROVISIONING AND SERVICES
Description: IBM will provide an Internet connection to support the public users. Internet
bandwidth will be provisioned as needed to support the requirements of the network according to
the number of registered and recurring users up to 100mbps. This level of service will provide
more than adequate bandwidth if the network utilization is maximized.
The major subtasks are to:
1. IBM will provide customer premise equipment to provide connectivity
to the Internet through service provider of choice.
2. Provision network bandwidth to support registered and recurring users.
3. Provide all monitoring, management, troubleshooting, repair andlor
replacement of the customer premises equipment.
Completion Criteria: This task will be considered complete when this contract expires.
Deliverables: None
Task Assumptions:
1) The City of Miami Beach will provide a secure data closet or data center
space to house the telecommunications equipment and circuit
termination.
DRAFT VERSION OF 3/7/06
SCHEDULE V 1.6
WIRELESS NETWOK MONITORING AND MANAGEMENT
REMOTE MONITORING: TROPOS WIRELESS MANAGEMENT SYSTEM
Description: IBM will provide the City of Miami Beach with monitoring and management
services for the wireless network.
24/7 Equipment Monitoring/DispatchlNOCrr AC
· Document system configuration, Signal Levels, BERs for baseline maintenance
agreements.
· Set up and define Network Operations Center Procedures
· 24/7 Monitoring of all wireless devices on the network for availability and signal
strength (where available by device). This monitoring function shall include
monitoring by IBM of all of the following:
· All equipment listed in Attachment. . ..
· Incident Ticket Reporting to Customer on the status of outages, dispatch and
repaIr .
· 24/7 TelephonelEmail Technical Assistance and Dispatch
· Online link history statistics
The Tropos Control management system will be utilized by the remote operations center and the City of
Miami Beach Network Operations Personnel.
Tropos Control allows Network operators to perform important functions, including over the air
configuration and updates of Tropos MetroMesh routers, whole Network performance monitoring and
statistical capture - including simple point-and-click graph creation, real-time link state and client
connectivity monitoring and user-defmed functions such as MAC address filtering and rogue client
blacklisting.
IBM will manage the environment utilizing the following features:
· Deployment & Provisioning
o Provides mechanisms to deploy any combination of Tropos MetroMesh
routers from one router to an entire Network in a simple process at both initial
installation and in subsequent moves, adds and changes.
o Allows routers to be provisioned over the air using a simple profile, highly customized
profiles, or multiple profiles.
o Enables policy-based user management for access and security tailored to the
applications running on the Network and the kinds of users connected to it. Supports
allowldeny lists, MAC address filtering, rogue client deny lists.
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o Global and incremental Software upgrades. Allows the Network to be viewed as a
single device for upgrade purposes. Designed to meet the unique upgrade needs of
metro-scale mesh Networks
.
Monitoring
o Offers a unified Network view to see and manage the entire Network from a variety of
views, including a geographic view of the nodes and gateways superimposed over a
map of the installation
o View, identify and diagnose problems with alarm monitoring tools and root cause
diagnostics: Control can display total alarms and events by category in a single
view as well as details on each of those alarms. Control enables the customer to
see Network alarms on a Network or cluster in tabular view.
o Provides tools for alarm reporting and notification:
o Fully supports remote access to the Network and all Control functionality can be
accessed remotely
.
Managing
o Watch, in real time, all Network activity through a series of Network views
o Performance measurement tools to track path throughput
o Custom and standard reporting
o Capabilities to integrate with Network management Systems (including Cisco Works): it
can operate as a standalone System, integrate with a customers existing NOC, or
manage other Network devices.
.
Reporting
o Control provides standard and custom reporting for a variety of events and alarms
within the Network. This reporting can include:
. Transmit and receive traffic through nodes and gateways
· Client counts by node or gateway
· Client Signal to Noise Ratio levels
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SCHEDULE V 1.7
WIRELESS NETWORK MAINTENANCE
Level I: Preventive Maintenance
Preventive Maintenance shall include a semi-annual checkup of all wireless Equipment and
connectors. Vendor shall conduct an inspection of the backhaul and multipoint outdoor
placed Equipment on towers and rooftops twice a year. Due to Florida's hurricane season,
the routine inspection shall be conducted by June 1 st of any given calendar year and no later
than January 1 st of the following calendar year.
As part of the maintenance Agreement, Vendor shall perform the following during a semi-
annual preventive maintenance inspection:
. Document current RSS signal levels compared to installation baseline
. Inspect and replace any damaged weather sealing
. Inspect and replace any loose cable termination points
. Perform a Spectrum Analysis at the site, if necessary
. Align the antennae for optimum performance and tighten any mount points
. Software and firmware upgrades
Vendor shall conduct installation of firmware upgrades as part of the maintenance Agreements.
All preventative maintenance delivered hereunder shall be included and City shall not be
subject to any additional costs for preventative maintenance within _ days of the
upgrades being commercially available.
Level II: On-Site Emergencv Service
If problems with the Network cannot be resolved remotely, Vendor shall provide on site
emergency support Service within a 4-6 hour response time to resolve the issue.
Level III: Preventive Maintenance, On-Site Emergenc:y Service and Equipment
Revlacement Service
In addition to the above Services, Level 3 adds Equipment Replacement Service, Vendor shall
provide full replacement of any failed Equipment on the Network immediately.
24/7/4 Equipment Replacement and Labor Services Description
. (2) Inspections per year on backbone equipment only
. Document current RSSI signal levels compared to installation baseline
· Inspect and replace any damaged weather sealing
. Inspect and replace any loose cable termination points
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. Align the antennae for optimum performance and tighten any mount
points
Task Assumptions:
1. This Maintenance does not include coverage for incidences considered "Acts of
God," "Acts of Vandalism," "Acts of Terrorism," or accidents; either covered or
not covered by Client's insurance. If Maintenance issue is determined by IBM to
be caused by any of these acts, IBM will charge Client, and Client shall pay, for
IBM's time and materials, including travel charges.
2. If the failure is due to Client configuration error, IBM will charge Client, and
Client shall pay, for IBM's time and materials, including travel charges.
3. This Agreement does not include coverage for failure due to radio frequency
interference.
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SCHEDULE V 1.8
SOFTWARE HOSTING AND OPERATIONS SUPPORT SYSTEMS (OSS)
A carrier-class Operational Support System (OSS), roaming and Clearing hosted platforms
enable Service and Network providers with a solution to provision, deploy and manage their
wireless Networks and roaming activities, in addition to simplified hot spot and metro
zone set-up and management.
The RoamBOSS Metro leverages the power of these two platforms (OSS and Clearing).
RoamBOSS Metro is a metro class OSS with carrier-class roaming and clearinghouse
capabilities. By combining the power of WiBOSS subscriber and Network management
capabilities with the roaming and interconnect engine of InterRoam hosted platform,
metros now have a neutral host platform on which to easily deliver wireless broadband
access to residents, ad hoc users, city employees and transient roamers throughout their
areas.
It allows providers to manage their customer base and multiple venues within a metro
scale wireless broadband Network. The hosted metro solutions support Networks for both
public and private use, and offer the flexibility and roaming convenience of using one
Login ID.
WiBOSS Lite (Wireless Broadband Operational Support System) is a powerful hosted
application that performs the back-office tasks necessary to operate and manage public
Internet access Services for free hot spots, such as subscriber management, provisioning,
policy enforcement, registration, branding, reporting, and Network management.
As features are enhanced and added, changes immediately take effect Network-wide. Access
to these features is provided through the web-based WiBOSS Control Center, from any
connected computer in the world. WiBOSS Lite includes the following features:
· Our web-based Provider Control Center allows you to track usage and much
more from anywhere in the world
· Custom branding of the Web Portal including public announcements or local
advertising
· Usage policy enforcement
· Interoperates with RADIUS based public access controllers
· Works with any broadband Internet connection
· WiBOSS Alert Qption-Our built-in alert System will monitor your hot spots
· 24x7x365 and alert you in the event of an incident. Your mobile phone, pager or
email can receive alerts
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SCHEDULE V 1.10
IN-MOTION LICENSING REQUIREMENTS
Vendor shall be responsible for providing to the City a solution which provides Application
Session Persistence at speeds up to sixty (60) miles per hour. The City currently holds the
licenses to 280 NetMotion Mobility XE users. Vendor shall make available to City 600
additional NetMotion Mobility XE licenses at a rate of 150 user licenses annually. Should the
City, in any given year, not acquire all 150 licenses, Vendor shall make these licenses available
in subsequent years on a roll over basis. Should the City desire to acquire, in any given year, any
number of licenses beyond the annual provision of 150 licenses, Vendor shall make available
those additional licenses and permit City to draw upon the required 600 licenses. Should the
City desire to purchase any additional licenses beyond the 600 as provisioned for this
Agreement, Vendor shall make additional licenses available on a per-licenses basis at the same
fractional cost as the stipulated 600 licenses. Should Vendor decide to change the software
employed for obtaining session level persistence, Vendor shall provide, at its cost, any
replacement software for the licenses already in service.
DRAFT VERSION OF 3/7/06
SCHEDULE VIII
CUSTOMER SERVICE AND TECHNICAL SUPPORT
Customer Service and Technical Support - The Customer Service Center (CSC) will provide
end-to-end customer care and technical support for the city-wide wireless broadband Network
public access users and level 2 support for government users.. The center will be a Single Point
of Contact (SPOC) and will maintain end-to-end ownership of request for Services, including
those that may need to be referred or escalated for resolution. The SPOC will act as a central
focal point for logging, tracking, reporting, and end-to-end management of problems and issues
related to the City. Coverage for the wireless Network will be provided 24 hrs a day, 365 days a
year. The SPOC will operate as a virtual extension of City IT support staff to answer technical
questions and to resolve problems in connection with the wireless broadband Network.
The Customer Service Center will be located in a Vendor selected site. Wireless Network
Subscribers and City staff will be provided a toll-free 1-800 phone number for contacting the
Service Desk. The Customer Service Center includes tools and procedures to provide the
appropriate assistance for callers' Service requests, allowing the CSR's to focus on complex
problems while routine requests are resolved through automated responses or processes.
The CSC customer Service representatives will receive telephone calls (or e-mail) from public
access users and City of Miami Beach Support staff, and will follow mutually agreed-to
processes and procedures to triage a call, provide basic support and if required, transfer the call
to the appropriate resource for subsequent resolution. The SPOC will monitor and/or escalate
problems and requests for Services as necessary.
IBM will provide 24/7 Telephone Support and On-Site Emergency Maintenance Support with
qualified technicians and replacement parts:
IBM will provide 2-4 hour Telephone Response. In the case of a down radio, IBM will
provide 4-6 hour on-site response, weather and daylight permitting, unless otherwise
postponed by Client. IBM will diagnose the source of the problem and will repair or
replace, at IBM's option, such products or parts thereof which, on inspection by IBM,
are found to be materially defective. IBM will repair or replace said products or parts
within 24 hours of IBM's diagnoses of the problem. All products that are replaced
become the property ofIBM.
Call and Problem Management - Calls to the Help Desk are logged into a problem and call
management repository. Problem Management includes documenting problems, routing those
problems to the responsible personnel for resolution, recognizing recurring problems, reducing
the impact of problems, and reducing the number of problems that occur.
Call Categorization- Based on the nature of the call as identified by the caller, the call will be
routed to an appropriately skilled customer Service representative. This representative will ask
questions to clarify symptoms of the issue so that we can provide the appropriate level of
support. Vendor assigns each call to a category and follows each category to assess its impact.
DRAFT VERSION OF 3/7/06
If during the initial call, the customer Service representative cannot resolve an issue, then the
problem may need to be transferred to the next level of support.
Problem Tracking - Problem records will be logged for every reported problem. These records
provide an up-to-date status and history for problems and their resolution. CSC will be
responsible for making sure problem records are created and regularly updated to reflect the
status of the problem and its resolution.
Frequently Asked Questions & Self-Help Database - Vendor shall provide and maintain a
database of Frequently Asked Questions (F AQs) including records of solutions to common
problems, to enable wireless broadband Network users quickly fmd and solve their problems
without the need, and associated costs, of having to speak to a Customer Service Representative.
Service Outage Process- When there is Service interruption or Network outage, Vendor shall
pro actively notify Network users and callers of the Service interruption or Network.
Components of Support Desk will include the following:
. Providing a Single Point of Contact for end users
. Receiving requests via phone call and electronic mail
· Assigning call priority
· Performing basic problem determination
· Resolving problemslrequests
. Accessing appropriate Knowledge Databases
. Referring problem/request to following agreed-to-process and procedure
· Closing problem I request records
. Documenting and maintain Vendor processes and procedures
· Training Customer Service Representatives
. Providing Service Level Reporting through Standard Monthly reports which will
include:
· Total call and types of calls
· Abandon rate
· First Call Resolution
DRAFT VERSION OF 3/7/06
Problem Management Tool
Vendor will use a problem management System. Vendor support staff will access
system directly on an internal Network. Vendor shall provide access for City IT
Support staff via the open Internet Using a web browser interface. The City support
teams will access the System to view, update and manage problem records and
initiate ad-hoc queries on tickets. Vendor shall support and maintain System
availability to comply with Service Level Objectives. General tasks will include:
. Maintaining functionality of tool during the term of the Agreement
. Providing access rights, passwords and connectivity to the e-ESM problem
management System for the execution of Services
. Providing appropriate administrative access levels and rights to create and
distribute ad hoc queries from the call/problem management tool
. Providing System availability 24 hours a day x 7 days a week, excluding schedule
maintenance windows, to support Service Level compliance.
Technical Support Services
Vendor will answer general questions about the functionality of the wireless Network.
For example: Do I need a wireless card? How do I use the Service or is my connection
secure? In addition to such customer care-related issues, Vendor also provides support
for technical issues. As products and technology evolve, the scope of support will be
tailored to incorporate these changes. Technical support for the end users will include:
Basic WiFi Card Driver Support
Vendor will attempt to determine if the end-user has a working WiFi Card that is
locating a wireless signal using guidelines set forth by the most common types of WiFi
cards. Vendor will not install, remove or otherwise modify the installation of such
devices. The settings of these devices will need to be handled by the actual hardware
manufacturer or other responsible party.
SSID configuration
IBM will verify the correct SSID for the location being accessed by an end user. IBM
Support will attempt to verify that the end user has the correct SSID set in their
Network Connection profile, using basic guidelines developed for the most common
operating Systems, and the most common WiFi cards.
Login/Access Difficulties
IBM will review with the end user, the correct format for the login/access parameters on
the access screens. IBM will attempt to verify that the correct settings are enabled in the
end user's browser, and verify that the end user is not using security Software that may
be blocking access.
Location Specific Coverage
DRAFT VERSION OF 3/7/06
IBM Support will verify the location details of the Hotspot that the end user is accessing
and will direct the end user to the most appropriate coverage locations listed in the
Hotspot Directory.
E-mail
IBM support will provide the end user with the settings needed to send and receive email
over a wireless connection using the most common email programs.
VPNissues
IBM will assist an end user set up a new VPN connection by dhirecting the end user to the
Windows Network setup wizard. The Call Center will direct the end user to their own
Network Administrator for any settings on an existing VPN that the end user is trying to
access.
Note: Pa!!:e 13 of IBM's Best and Final Offer sets forth Capacitv Assumptions and
is incorporated herein. subiect to discussion.
DRAFT VERSION OF 3/7/06
SCHEDULE X
CONSTRUCTION & ACTIVATION SCHEDULE
See supra Schedule V 1.4.
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DRAFT TO BE DISCUSSED
SCHEDULE XIII
UPGRADES AND STATE OF THE ART
· The Parties anticipate that:
· Beginning Year 2, includes replacement of mulitpoint product with
products that add Support for Wimax Base Stations/Base Units, depending
on availability of product from manufacturer.
· Beginning Year 3, includes replacement of all mesh network hardware,
with the addition of WiMax gateway support.
DRAFT VERSION OF 3/7/06
SCHEDULE XXIII
LIST OF PRE-APPROVED SUBCONTRACTORS
Some of the Services may be performed by an IBM subcontractor. If an IBM
subcontractor assists with the project, IBM is solely responsible for completion of the
work described herein and compliance with the terms hereof and coordinating any
involvement of IBM subcontractors who may be engaged to assist IBM in accomplishing
the work described herein.
List of subcontractors:
Business Information Group (BIG)
Trident Telecommunications, Inc.
AirPath, Inc.
BellSouth
SCHEDULE XXVII 1.3
LIQUIDATED DAMAGES
(To be negotiated between City and IBM)
DRAFT VERSION OF 3/7/06
DRAFT VERSION OF 3/7/06
SCHEDULE XXVII 1.4
FORM OF LETTER OF CREDIT
Date of Issue
Issuing Bank's No
Beneficiary:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
Expiring:
(Date)
We hereby authorize you to draw on
(Bank, Issuer name)
by order of and for the account
at
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
available by your drafts at sight, accompanied by:
1. A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative, that the drawing IS due to default in performance of
obligations on the part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
for
pursuant to the Bid/Contract No.
(name of project)
Drafts must be drawn and negotiated not later than
( expiration date)
DRAFT VERSION OF 3/7/06
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any
way be modified, amended, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument, or
agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in
compliance with the terms of this Letter of Credit that such drafts will be duly honored upon
presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer) shall be a
release of all obligations.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law shall
prevail.
Authorized Signature
~Q
DRAFT VERSION OF 3/7/06
SCHEDULE XXVII 1.5
FORM OF CONSTRUCTION LETTERS OF CREDIT
To be conformed with Agreement Language
40
DRAFT VERSION OF 3/7/06
SCHEDULE XXVIII
PUBLIC BENEFITS
1. High Rise and Condominium Installation Discount Program
a. IBM will provide packaged pricing to Condominium and Multiple Dwelling Unit
associations referred by the City of Miami Beach for wireless access.
b. Each multiple unit dwelling requires an inspection and determination of the most
appropriate solution(s).
c. Options for deployment:
i. Distributed Antenna Systems
ii. Wireless bridge from the City Wide wireless network
iii. Fiber, if available
iv. Internal access points
v. External wireless base station
d. Packaged pricing
i. These prices are offered on a multiple unit basis.
ii. Pricing will be extended to the City of Miami Beach referrals at State of
Florida Contract terms and pricing generally reserved for State and Local
entities only.
iii. Current hardware discount rate associated with this solution is 25% off
list price for the Alvarion equipment.
iv. Services will be offered in terms consistent with the State of Florida
Services Contract on a fixed price basis.
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DRAFT VERSION OF 3/7/06
2. Miami Beach Schools and Citywide Content Filtering Solution
The City of Miami Beach has requested a Content Filtering solution as an addition to the
Citywide Wireless Network to enforce usage policies the City may wish to establish.
a. IBM can provide the Websense Enterprise Suite as an enhancement to the
WiFi Solution for filtering and reporting.
b. IBM is proposing a filtering software and services bundle to include:
1. Websense Enterprise Suite
11. Unlimited database downloads
HI. Software maintenance for filtering
IV. Monitoring and Reporting
v. Configuration and Integration Services into WiFi Network
VI. Standard Technical Support
c. Special bundled pricing is offered for blocks of 2000 licenses and subscription
term of 34 months.
Description QTY Per Seat Ext List Discount Extended
List Price Price Discounted Price
Websense Enterprise for 2,000
Internet Access Devices for 34 2000 $42.00 $84,000.00 35% $54,600.00
month subscription
3. IBM Community Outreach Commitment
IBM will work with the City of Miami Beach, Miami-Dade Schools, and other not for
profits including organizations that provide services to the elderly at the City to explore
similar opportunities for community outreach as a commitment to our partnership. IBM
will provide the following:
a. Promote Technology Careers in the Classroom Program
i. IBM will provide three one to two hour labs per year to introduce the
children of the City of Miami Beach to the range of exciting, profitable
careers in engineering and IT.
H. These labs are available to any of the City's Schools or Community
Centers.
Ill. The presentations and labs can be offered to the City's children from
ages 11 to 17. The content, presentation, and activities will be tailored
to the target age group.
IV. There are four engaging presentations to choose from and each
includes hands-on activities and will make the school or community
center visit fun, easy and successful. Presentations and activities
include:
Encourage math & science - children 11-14
Encourage math & science - children 14-17
4')
DRAFT VERSION OF 3/7/06
Preparing for an IT career
Preparing students presentation
Preparing students presentation (with animation)
IT Careers: Getting started and activities guide
IT Careers: Workplace simulation
IT Careers: Jobs overview
IT Careers: Discussion starters
v. These sessions will be conducted by qualified IBM employees who are
engineers or IT Professionals that have completed the 2 hour training
requirement to lead these workshops.
b. Technology Workshops and Training for Teacher, Community Center
Personnel, Adults and Seniors
1. IBM will provide 3 technology training workshops per year
n. These workshops are available to any of the City's Schools,
Community Centers, or senior homes.
Ill. The workshops will be targeted and customized as applicable for
teachers, education staff, parents or seniors.
IV. The purpose of these workshops is to help participants learn about
acceptable Internet use and challenges/concerns about integrating
technology into education or community programs
v. Each workshop can consist of any two of the following sessions plus
Module 8 - City of Miami Beach WiFi Network Overview:
MODULE 1: Getting Connected
MODULE 2: Tips for Searching the Internet
MODULE 3: Downloading from the Internet
MODULE 4: Netiquette
MODULE 5: Internet Troubleshooting
MODULE 6: Fun things to do on the Internet
MODULE 7: Safety on the Net
MODULE 8: City of Miami Beach WiFi Network Overview
VI. IBM will provide all the materials for each session including the
presentation materials, participant handouts and activity worksheets.
vii. IBM will coordinate the use of each facility's computer resources if
required for a particular session.
4. Miami Beach Schools Technology Program
a. IBM will provide thirty (30) PCs to the City of Miami Beach Commission to
distribute specifically for the use of the underprivileged.
b. IBM will donate these PCs to an existing 501.3c organization.
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DRAFT VERSION OF 3/7/06
5. IBM Corporate Employee Purchase Program
a. IBM will create and manage a customized Purchase Program portal site
specifically for the City of Miami Beach and its residents to provide the same
level of discount for IBM and Lenovo products available to IBM employees.
b. Program is available to Miami Beach City employees for personal use
c. Program is available to Miami Beach residents for personal use
d. Discounts are in addition to special promotions.
e. Purchasable items include notebooks, desktop PCs, monitors, keyboards and
other accessories.
6. Capacity Injection for Events
Though the proposed network is designed to handle a higher user load than Miami Beach
initially requested, there may be a need to augment capacity in areas where an event is
concentrated.
The method IBM will use to deliver consistent service to the guests and residents of
Miami Beach will be through the network operations center. IBM will baseline the
network activity at all points of the network on a regular basis so that existing capacity
can be gauged. As events are expected, IBM will be able to determine if excess capacity
might be needed.
1. IBM will provide a capacity injection kit and will deploy it to a speCific area where an
event might warrant additional capacity.
a. The Capacity Injection Kit will consists of:
1. Quantity of 5 Tropos 5210 Metro Mesh Routers
n. Quantity of 1 Alvarion 5.8GHz CPE (SU-A)Subscriber Unit
Ill. Site survey
IV. Configuration and Implementation Services
2. Each capacity injection kit will provide up to 270mbps of additional capacity at the
access layer and 45mbps at the backhaullayer.
3. The cost of the deployment and equipment for the capacity injection kit will be
$24,200 to $30,000.
4. The price range and capacity estimates are contingent on:
a. The proximity to an existing backhaul aggregation point
b. Line of sight conditions to an existing backhaul aggregation point
c. Having sufficient capacity at the target backhaul aggregation point to handle
the increase in capacity
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DRAFT VERSION OF 3/7/06
d. Having adequate city supplied mounting infrastructure and power on which to
deploy the injection capacity kit.
5. IBM will determine the best solution to provide the required capacity as the
requirements for a specific event become available and the site survey is conducted.
7. Session Persistence
IBM's proposal includes a solution for session persistence for 600 licenses for usage by
City employees:
a. Netmotion is the preferred solution, as it is already in use by the City.
b. Netmotion will be provided in Year 2 through Year 5 at 150 licenses per year
as requested by the City should it be required for session persistence.
c. The existing City owned Netmotion licenses are transferable to the new WiFi
environment.
d. The solution will allow a session to remain active while crossing through dead
zones and through pieces of the technology infrastructure that provide the
access layer.
e. The solution accommodates the ability to go outside of the WiFI network and
connect over neighboring networks, assuming backend connectivity and
policy arrangements have been put in place between Miami Beach and its
neighbors.
f. The solution encrypts all traffic between the client and Miami Beach server
using AES encryption at varying cipher strengths that are configurable.
8. Location Awareness Capability
IBM will explore the applicability of location tracking with the City of Miami Beach by
evaluating various hardware and software solutions that run on the WiFi network at no
charge to the City.
9. Wireless Connectivity for Causeway and Jail Routes
IBM will explore with the City various methods to establish "out of city" network
connectivity for public safety officials who need to travel outside of the boundaries of the
Miami Beach WiFi network.
a. IBM will provide exploratory services in the amount of 100 hours to establish
a desired solution. .
b. IBM will extend the State of Florida hardware contract pricing for the
elements of the network being deployed in Miami Beach. This pricing is
currently between 20% and 35% off of list price depending on the specific
hardware. Options include:
i. Roam to another network via session persistence.
4.c;
DRAFT VERSION OF 3/7/06
11. Extend coverage through access point or base station technology
deployments.
10. Mobile Building and Permitting
IBM will provide advisory consulting services up to 40 hours to the City of Miami Beach
to determine the options to bring the permitting application into the field and onto the
WiFi network.
11. WiFi-enabled Multi-space Parking Pay Stations
IBM will provide up to 100 hours of integration consulting support through to assist with
bringing the parking meter solution onto the WiFi network. This includes such tasks as:
a. Bench testing
b. Integration into the terminal management system
c. Field testing and validation of real time statistics
d. Identification of work required to integrate the meters onto the wireless
network
12. IBM Accessibility Technologies
IBM will provide a trial version and special pricing for a tool that is not commercially
available to other organizations to improve accessibility of the Miami Beach web site.
Capability includes:
a. Downloadable software from the web site
b. Unlimited number of users per web site
c. Allows customizable color, sound effects
d. Reads text aloud in 9 languages, with adjustable speed, volume control
e. Purchase price: $50,000 - $60,000 Y 1
f. License and support services: $16,000 - $20,000 Y2 forward
13. Mobile Incident Command Trial
IBM will provide one NIMS 2.0 compliant Mobile Incident Command prototype for a
trial period of 60 days.
Specifics of the trial include:
a. 60 day trial duration
b. One mobile hardware device, including, software, and support
c. Solution is NIMS 2.0 compliant
4(\
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14. Governmental and Packaged Solutions for Fixed Video and In-Car Video
The IBM team has developed comprehensive offerings for stationary and in-car video
capture for States and Local Governments. This includes digital video capture system,
integration services, and data management software and hardware. Our offerings are
backed by a team of skilled consultants and technologists to accomplish these complex
solution objectives. We are well positioned to efficiently provide the equipment and
related services to support the deployment of digital video system and the management of
the video captured. In addition to our technology capabilities and knowledge, we have
years of experience working with state and local law enforcement organizations
nationwide.
a. IBM will provide a free pilot the City of Miami Beach consisting of a 30 day trial for
one car outfitted with one camera.
I. IBM will provide the server and storage required to capture up 6 hours of video
at 15 frames per second. The video will be stored for 5 days during the pilot.
II. One existing City of Miami Beach workstation will be set up to view the video.
Ill. IBM will install the equipment in one City of Miami Beach vehicle.
IV. The City of Miami Beach will provide network connectivity for the server.
b. IBM has estimated the following pricing for future and potential Digital Video
Solutions for Miami-Beach:
I. StationarylFixed Video --$2,000-$12,000 Per Camera (Minimum of 20
cameras)
-OR-
11. In-Car Digital Video--$9,000 - $10,000 Per Vehicle (Minimum of 20 vehicles)
Ill. These estimates include all software and the server with internal storage based
on the following assumptions:
1. Mpeg 4 video is captured and stored at 15 frames per second using
CIF (352x288) or QCIF2 (704x288) resolution (These are standard
specifications in terms of format and quality for digital video
surveillance. )
2. A maximum of 6 hours of video is captured daily (A typical high end
estimate is 2 hours of video per shift.)
3. The video will be stored on the server for 30 days.
For In-Car Video Solution the following assumptions and City of Miami
Beach responsibilities apply:
1. The City of Miami Beach will utilize existing Mobile Data
Terminals (i.e. laptops in vehicles) which have at least 5 GB of free
space on their internal hard drive for storage.
2. IBM will determine whether the City's Mobile Data Terminals have
the minimum requirements for the solution at the time of interest.
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3. The video will only be stored on the Mobile Data Terminals for a
maximum of 2 days before it is automatically uploaded to the storage
server or manually transferred.
IV. These estimates are for budget and planning purposes only.
c. Storage Requirements Calculation Logic
I. The following storage calculations provide the details incorporated into our
estimates.
Mobile Data Terminal Storage
15. Mobile Noise Complaint Inspection Pilot
IBM will provide a 60 trial of a hand held mobile noise complaint solution. Specifics of
the trial include:
a. Creation of one Noise Complaint Inspection Form
b. 60 day trial to include evaluation software licenses
c. One way upload to backend complaint system
d. Data and forms are hosted at an ASP for trial period
e. Hardware evaluation units can be arranged
f. $15,000 charge for pilot execution and support by IBM
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16. Project Management Office
IBM's project management office consists of the following:
a. Single Point of Contact (SPOC) through its project management office.
b. Staffed by a senior PMI certified project manager
c. An IT Architect
d. Network Specialists
e. Administrative support
f. IBM advocates telecommuting, so this staff will not necessarily work from one
physical location.
g. IBM's project team including customer support and technical resources will
report through the IBM Project Office to the IBM Project Manager.
h. The IBM Project Manager will report directly to the City of Miami Beach's
designated project manager for the wireless project.
1. IBM will commit to utilizing network and office space at the Old City Hall
location or a location to be determined with the City in order to provide a location
for server hardware and physical work space for on the ground team members.
J. Additionally, IBM may wish to work with the City to establish a physical office
within the City of Miami Beach and will coordinate with the City to determine the
details of such an arrangement. The local IBM team currently operates out of the
Coral Gables facility where IBM has been based for the last 15 years.
17. Sponsorship Marketing and Marketing Support
IBM will coordinate a promotional campaign in conjunction with the City of Miami
Beach to include:
a. Press releases
b. White papers
c. Internal and external promotional pieces
d. IBM will work with the City of Miami Beach to ensure the City is
represented at business shows and trade fairs.
e. IBM will collaborate with the City of Miami Beach to develop joint
opportunities to host IBM Customer Executive Events.
f. IBM will host one significant event each year in the City of Miami Beach.
g. IBM will induct the City of Miami Beach into the Executive Contact
Program, which creates strategic links between the top City officials and a
senior IBM executive in order to showcase IBM Company and
community activities, including initiatives and grants.
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18. IBM Scripps Infectious Disease Research
On February 16 an announcement was made by IBM, Governor Jeb Bush, and Scripps to
unveil the details of an exciting collaboration on pandemic research to be headquartered
in South Florida. IBM and Scripps are already working on a similar project based in
California in which over 200 million computational cycles have been generated and
analyzed for HIV treatment research.
IBM invites the City to join forces with other governmental agencies who are
participating in this project.
19. IBM Institute for Electronic Government
The City can showcase its technology at IBM's Institute for Electronic Government in
Washington D.C. Since it opened in 1996, over 25,000 government leaders from around
the world have visited the lEG for customized meetings, for tours of the 15,000 square
feet of demonstration space, for collaboration and idea-exchange with their peers and
IBM executives and staff who have deep experience in the business of state and local
government. This is a win-win for IBM and for the cities that are featured at the lEG,
IBM's briefing center dedicated to eGovernment.
http://www-l.ibm.com/industries/ government/ieg/index.html
IBM invites the City of Miami Beach to be featured at the lEG Briefing Center
20. Piggyback User Access
The City of Miami Beach and IBM agree that IBM will participate in a joint purchase
option and entity revenue sharing agreement with respect to other governmental, quasi-
governmental or not-for-profit entities located within or outside of the geographical
boundaries of the City of Miami Beach.
a. Only entities approved by the City of Miami Beach are eligible to utilize
or receive City contract pricing and terms and conditions.
b. The City shall have no liability to IBM for the cost of any purchase made
by an ordering entity under this joint purchase and shall not be deemed to
be a party thereto.
c. All orders shall be placed directly by the ordering entity with IBM and
shall be paid by the ordering entity.
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SCHEDULE XXIV
OBLIGATIONS OF THE CITY OF MIAMI BEACH
The City of Miami Beach Responsibilities
The successful completion of the proposed effort depends on the full commitment and
participation of The City of Miami Beach management and personnel. The
responsibilities listed in this section are in addition to those responsibilities specified in
the Agreement, and are to be provided at no charge to IBM. IBM's performance is
predicated upon the following responsibilities being fulfilled by The City of Miami
Beach as scheduled in the project plan. Delays in performance of these responsibilities
may result in additional cost andlor delay of the completion of the project, and will be
handled in accordance with Project Change Control Procedure.
1. The City of Miami Beach General Responsibilities
1. Make appropriate personnel available to assist IBM in the performance of IBM's
responsibilities as appropriate.
2. Provide building access for IBM project personnel on an escorted basis. Most of
the work involved in this project will be performed during normal working hours
(8:00am to 5:00pm). However, on some occasions, The City of Miami Beach
may need to provide access to facilities outside of these hours.
3. Be responsible for the City internal network, content of any database, the
selection and implementation of controls on its access and use, backup and
recovery and the security of the stored data. This security will also include any
procedures necessary to safeguard the integrity and security of software and data
used in the Services from access by unauthorized personnel.
4. Be responsible for the identification and interpretation of any applicable laws,
regulations, and statutes that affect your existing application systems or programs
that IBM will have access to during the Services. It is your responsibility to
assure that the systems and programs meet the requirements of those laws,
regulations and statutes.
5. Authorize IBM and its subsidiaries (and their successors and assigns, contractors
and IBM Business Partners) to store and use your business contact information
wherever they do business, in connection with IBM products and Services or in
furtherance of IBM's business relationship with you.
6. If you make facilities, software, hardware, networks or other resources available
to IBM, you are responsible for obtaining any licenses or approvals related to
such resources that may be necessary for IBM or its subcontractors to perform the
Services, including the development of any deliverables. Notwithstanding the
above, the Vendor remains required to comply with all Federal, State and local
ordinances, rules, regulations, codes, laws and permitting processes as required.
IBM will be relieved of its obligations to the extent your failure to promptly
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obtain such licenses or approvals adversely affects IBM's ability to perform its
obligations. If a third party asserts a claim against IBM as a result of your failure
to obtain these licenses or approvals, you agree to reimburse IBM for any costs
and damages IBM may reasonably incur in connection with such claim.
2. The City of Miami Beach Project Manager
Prior to the start of this Statement of Work under the Agreement, The City of Miami
Beach will designate a person, called the City of Miami Beach Project Manager, to whom
IBM communications will be addressed and who has the authority to act for The City of
Miami Beach in all matters regarding this SOW.
The City of Miami Beach Project Manager's responsibilities include:
1. Serve as the interface between IBM and all The City of Miami Beach
departments, organizations and sites participating in this project.
2. With the IBM Project Manager, develop the project plan prior to implementation.
3. With the IBM Project Manager, administer the Project Change Control Procedure.
4. Attend project status meetings.
5. Obtain and provide information, data, decisions and approvals, within five (5)
working days of IBM's request, unless both IBM and The City of Miami Beach
agree to an extended response time.
6. Help resolve project issues and escalate issues within the City of Miami Beach
organization, as necessary.
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