98-22738 RESO
RESOLUTION NO.
98-22738
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT,
DATED MARCH 7,1997, BETWEEN THE CITY AND MOTOROLA, TO INCLUDE
PROVISIONS FOR MOTOROLA AND LUCENT TECHNOLOGIES TO PROVIDE
A COMPLETE PUBLIC SAFETY COMPUTER AIDED DISPATCH AND
RECORDS MANAGEMENT SYSTEM FOR CITY POLICE AND FIRE
DEPARTMENTS FOR AN AMOUNT NOT TO EXCEED $1.4 MILLION.
WHEREAS, on September 10, 1997, the Mayor and City Commission authorized the
Administration to Issue Request for Proposals No. 130-96/97 (RFP), for a complete hardware and
software solution that provides Public Safety Computer Aided Dispatch and Records Management
for City Police and Fire Departments; and
WHEREAS, five vendors submitted proposals in response to the RFP; and
WHEREAS, an Evaluation Committee was recommended by the City Manager and
approved by the Mayor and City Commission; and
WHEREAS, on February 13, 1998, the Evaluation Committee unanimously ranked the
Palladium software from Motorola/Lucent Technologies as the number one ranked proposer; and
WHEREAS, on March 4, 1998, the Mayor and City Commission accepted the ranking
recommended by the City Manager, and authorized the Administration to negotiate a contract with
Motorola/Lucent Technologies; and
WHEREAS, an Agreement, dated March 7, 1997, exists between Motorola and the City of
Miami Beach for a Communications System; and
WHEREAS, on March 12, 1998, and March 13, 1998, representatives from the City and
Motorola/Lucent Technologies successfully negotiated the attached Amendment to said
Communications System Agreement, within the bounds of the RFP.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute an Amendment to
the Agreement, dated March 7, 1997, between the City and Motorola, to include provisions for
Motorola and Lucent Technologies to provide a complete Public Safety Computer Aided Dispatch
and Records Management System for City Police and Fire Departments for an amount not to exceed
$1.4 million.
PASSED and ADOPTED this 6th day of May, 1998.
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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MAYOR
:;ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. 282.~q~
TO:
Mayor Neisen O. Kasdin and DATE: May 6, 1998
Members of the City Commission
Sergio ROdrigUez.. . ~
City Manager ~
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
Approving and Authorizing the Mayor and City Clerk to execute an Amendment to the
Agreement, dated March 7,1997, between the City and Motorola, to include provisions
for Motorola and Lucent Technologies to provide a complete Public Safety Computer
Aided Dispatch and Records Management System for City Police and Fire Departments
for an amount not to exceed $1.4 million.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
CONTRACT AMOUNT AND FUNDING:
$1,400,000
$ 167,000
Hardware/Software/Proj ect Management/Services
Annual Maintenance (per year for five years starting February 2000)
Funding is available from the Information Technology Internal Services Fund 550.0630.000674 and
Work Order 359.2987.069358.
BACKGROUND:
City of Miami Beach Police and Fire services (including Emergency Medical Services) are centrally
dispatched from the Public Safety Communications Unit at 1100 Washington Avenue. The dispatchers
currently use a Computer Aided Dispatch (CAD) system. The system allows the Public Safety
Communications Unit to answer 911 calls, enter information from the caller, forward the information
to a dispatcher who then locates and calls the appropriate police or fire unit. The system is a vital
component in providing safety services to the public.
The current CAD system is nearly ten years old. As a result, Hewlett Packard, the hardware
manufacturer, has discontinued providing maintenance for the hardware. The software manufacturer
has been out-of-business for several years.
nd Budget
Agenda Item R 1 E-
Date 5-~-93
Furthermore, the system is not Year 2000 compliant. As the manufacturers support neither the hardware
nor the software, the City has no way of updating the system to make it Year 2000 compliant. CAD is
a critical public safety system and must be replaced before the end of 1999. The implementation is
expected to take from 12-18 months.
Implementing a new CAD and Records Management system will provide substantial benefits to the City,
such as:
· Improved communication between dispatchers and police resulting in better service to the public.
· Enhanced record management providing for more thorough and complete reporting.
. Greater efficiency in handling emergency calls from the point where the call is taken to personnel
arrival at the scene, thus resulting in enhanced public safety.
ANAL YSIS
On September 10, 1997, the Commission authorized the Administration to Issue Request for Proposals
(RFP) No. 130-96/97, to replace the Public Safety Computer Aided Dispatch (CAD) and Records
Management System for City Police and Fire Departments. Five vendors submitted proposals.
An evaluation committee was recommended by the City Manager and approved by the Mayor and City
Commission. The committee met on December 2, 1997 and recommended two of the five vendors for
further evaluation. The two "finalists" were required (as part of the RFP process) to set up a working
system on site at City of Miami Beach Police Headquarters. Representatives from the Fire Department,
Police, 911 (PSCU), and Information Technology visited actual installations to review system
performance in a full working environment. Vendor references were checked. The evaluation committee
reconvened on February 13, 1998 and unanimously ranked the Palladium software from
MotorolalLucent Technologies as number one, and Litton PRC as number two. Of the two qualified
vendors, MotorolalLucent Technologies was the low bid.
On March 4, 1998, the Commission accepted the ranking recommended by the City Manager, and
authorized the Administration to negotiate a contract with MotorolalLucent Technologies (Commission
Memorandum No. 120-98).
An Agreement, dated March 7, 1997, exists between Motorola and the City of Miami Beach for a
Communications System. On March 12, 1998, and March 13, 1998, representatives from the City and
MotorolalLucent Technologies successfully negotiated the attached Amendments to the existing
Communications System Agreement, within the bounds of the RFP.
CONCLUSION:
The Mayor and City Commission should adopt the attached resolution allowing for the provision of a
complete hardware and software solution that provides Public Safety Computer Aided Dispatch and
Records Management for City Police and Fire Departments.
SR:.:P~
Attachment
COMMUNICATIONS SYSTEM AGREEMENT AMENDMENT
This Amendment made and entered into this ~ -u. day of hM11998, by and between Motorola, Inc., a Delaware
corporation, hereinafter referred to as "MOTOROLA," and CITY OF MIAMI BEACH, FLORIDA, a Florida
municipal corporation, hereinafter referred to as "PURCHASER", amends the Communications System
Agreement made and entered into on the 7th day of March, 1997 (Contract No. 97-11314/JJ), hereinafter referred
to as the" Agreement."
Whereas, MOTOROLA has provided PURCHASER with a communications system in accordance with the terms
and conditions set forth in the Agreement and has fulfilled all of its obligations under the Agreement,
Whereas, upon the completion of an Acceptance Test by MOTOROLA, PURCHASER has accepted the existing
communications system,
Whereas, MOTOROLA desires to provide Computer Aided Dispatch and Records Management System
equipment to PURCHASER's existing system,
Now, therefore, the parties hereby amend the terms and conditions of the Agreement and pursuant to such
amended terms and conditions MOTOROLA will provide PURCHASER with the Computer Aided Dispatch and
Records Management System equipment.
EXHIBITS
The following exhibits are attached hereto and made a part of the Agreement:
Exhibit F Motorola Proposal for Computer Aided Dispatch and Records Management System, including
Statement of Work, Acceptance Test Plan, and Equipment List dated April 1, 1998.
Exhibit G Addendum for Third-Party Software to Motorola End-User Software License Agreement including
Special Provisions for Third-Party Software provided by Lucent Technologies Inc.
Exhibit H Add-on Equipment List dated March 19, 1998.
SECTION 3 SUBSURFACE/STRUCTURAL CONDITIONS - Deleted
SECTION 4 PERIOD OF PERFORMANCE
Motorola shall complete the work in accordance with the following schedule for the Computer Aided Dispatch
and Records Management System:
(1) Award/Mobilization - May 30, 1998.
(2) Completion of installation - November 10, 1998.
(3) Final Acceptance/Completion of Acceptance Test - February 17,1999.
97-1 1407/js
Aprill7,1998
SECTION 6 PAYMENT SCHEDULE
A. The total contract price to sell the equipment and perform the services shall not
exceed One Million Three Hundred Seventy Seven Thousand Two Hundred Eleven Dollars
($1,377,211.00). Except for the first payment, which is due when Purchaser executes this
Amendment, Purchaser agrees to make payments to Motorola within twenty-five (25) days
from the date of invoice which will be submitted by Motorola according to the following
milestone payment schedule:
25% of the contract value upon award for mobilization;
30% of the contract value upon staging and Preliminary A TP;
35% of the contract value after complete installation and training;
5% of the site value upon conditional acceptance or start of beneficial use; and
5% upon acceptance of the system.
B. Upon contract execution, Purchaser agrees to issue a Purchaser Order in the full amount of the Purchase
Price. The terms and conditions on the reverse side of Purchaser's standard purchase order or orders
shall not apply.
SECTION 7 PROJECT MANAGEMENT.
A. Motorola will assign a Project Manager, who is authorized to exercise technical direction of
this project. Motorola, at any time, may designate a new or alternate on-site Project Manager
upon written notice to Purchaser, subject to Purchaser's approval, such approval not to be
unreasonably withheld.
SECTION 8 NOTICE ADDRESSES
B. With copy to:
CITY OF MIAMI BEACH
1100 Washington Avenue
Miami Beach, FL 33139
Attn: Phyllis Koch
SECTION 9 ORDER OF PRECEDENCE
In the event of an inconsistency in this Amendment, the inconsistency shall be resolved in the following
order:
This Amendment
Exhibit B MOTOROLA Software License Agreement.
Exhibit F MOTOROLA Proposal, including Technical Obsolescence Credit Offer, Acceptance Test Plan,
Equipment List and Statement of Work dated April 1, 1998.
Exhibit G Addendum for Third-Party Software to Motorola End-User Software License Agreement including
Special Provisions for Third-Party Software provided by Lucent Technologies Inc.
Exhibit H Add-on Price List dated March 19, 1998.
97-11407/js
2
April 17, 1998
Exhibit A
Section 3 Shipping, Title, and Risk of Loss
Passage of title to the equipment will pass to Purchaser upon shipment of the equipment to facilities
designated by Purchaser; except that title to Software will not pass to Purchaser at any time.
Section 12, Warranties
B. Hardware Warranty: Computer and networking hardware products are warranted to be free from
defects in material and workmanship for a period of ONE (1) YEAR. Parts will be replaced free of charge
for the full warranty period and the labor to replace defective parts will be provided for ONE (1) YEAR
from the date of acceptance. In no event shall the warranty commence more than eighteen (18) months
from the date of shipment. Thereafter, the PURCHASER must pay for the labor involved in repairing the
product or replacing the parts at the prevailing rates together with any transportation charges to or from
the place where warranty service is provided. This express warranty is extended by MOTOROLA, Inc.,
1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the original purchaser only, and only to those
purchasing for purpose of leasing or solely for commercial, industrial, or governmental use.
Add-on Pricing: It is hereby mutually agreed and understood that other local governmental entities may
purchase any and all items specified herein from the prices established in Exhibit H for a period of two (2)
years from the date of this Amendment. The pricing in Exhibit H will be revised on a semi-annual basis
from the execution date of this Amendment. It is also hereby mutually agreed and understood that each
government entity will establish its own contract, place its own orders, be invoiced therefrom, make its
own payments and issue its own exemption certificates as required by Motorola. It is hereby further
mutually recognized and understood that the City is not a legally bound party to any contractual
agreement made between Motorola and any government entity other than the Purchaser.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized representatives as of the last day and year written below.
CITY OF MI~lI BEACH, FL
By: rile VI
MOTO. Ro,,~A, INC/ /
By: // //'-;t:/
Name:
Neisen Kasdin
Name: James T. McFaddetJ,
Title: Mayor
City Clerk: ~ ~ paAJv.--
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Title:
Assistant Secretary, MCEI
Vice President, Sales
Date:
April 20, 1998
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97-11407/js
3
April 17, 1998
ADDENDUM FOR THIRD-PARTY SOFTWARE TO
MOTOROLA END-USER SOFTWARE LICENSE AGREEMENT
INCLUDING SPECIAL PROVISIONS FOR THIRD-PARTY SOFTWARE
PROVIDED BY LUCENT TECHNOLOGIES INC. ("LUCENT SOFTWARE")
This Addendum to the Motorola End-User Software License Agreement (the
"Agreement") between Motorola, Inc. ("Motorola") and City of Miami Beach, Florida
("Licensee") is provided because Licensee desires to obtain the right to use certain
third-party software specified below along with Motorola Software furnished to Licensee
under the Agreement. This Addendum is required by the supplier of the third-party
software and must be executed by Motorola and Licensee before Licensee may lawfully
use the third-party software. Motorola cannot alter the terms of this Addendum.
Motorola hereby grants Licensee a personal, non-exclusive license under rights granted
to Motorola by the supplier to use the third-party software, including all related
documentation, in accordance with the terms of this Addendum. Licensee's use of the
third-party software is subject to the terms of the Agreement with the following additions
and modifications:
Use of the Third-Party Software. Licensee may use the third-party software only in
connection with the Motorola Software and Products furnished to Licensee along with
the third-party software. Any other use of the third-party software is strictly prohibited.
In the case of Lucent Software, Licensee shall not use such software in the exchange
service territories of Cincinnati Bell Telephone Company and the Southern New
England Telephone Company.
Copying. Licensee may make at most one copy of the third-party software for back-up
purposes only. All copyright notices and other proprietary legends of the supplier must
be reproduced on the copy. Any other copying of the third-party software or related
documentation is strictly prohibited.
Transfers and Export Restrictions. Licensee may not transfer the third-party software to
any transferee without the prior written consent of Motorola and, if necessary, the
supplier. In the case of Lucent Software, if the Licensee sells the Product for which
such software was furnished to a transferee, then the Licensee also may transfer such_
software to the transferee. Any transferee that receives the third-party software must
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agree in writing to abide by the terms of the Agreement including this Addendum. In
addition, Licensee must comply with all export and re-export restrictions and regulations
of the Department of Commerce or other United States agency or authority with respect
to the third-party software, and Licensee may not transfer, or authorize the transfer of,
the third-party software to a prohibited country or otherwise in violation of any such
restrictions or regulations.
Ownership and Title. Title to the third-party software, including all intellectual property
rights, remains vested exclusively in the respective supplier(s) of the third-party
software.
Confidentiality. Licensee must protect the confidentiality of the third-party software at
least to the same extent as Licensee protects its own confidential and proprietary
information. In the case of Lucent Software, Licensee shall mark all media containing
such software with a warning that use of such software is governed by a license
agreement with Motorola and Lucent Technologies Inc.
Warranty. For the first 120 days after initial shipment of Lucent Software, or, if the
Lucent Software is provided pursuant to a Communications System Agreement
between Motorola and Licensee, for the Warranty Period specified in such Agreement,
Motorola warrants that the Lucent Software, when used properly, will be free from
reproducible defects that materially vary from its published specifications. Motorola
does not warrant that Licensee's use of the Lucent Software will be uninterrupted or
error-free or that the Lucent Software will meet Licensee's particular requirements.
MOTOROLA'S TOTAL LIABILITY, AND LICENSEE'S SOLE REMEDY, FOR ANY
BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA'S OPTION,
REPAIR OR REPLACEMENT OF THE LUCENT SOFTWARE OR PAYMENT OF
LICENSEE'S DIRECT DAMAGES UP TO THE AMOUNT PAID TO MOTOROLA FOR
THE LUCENT SOFTWARE. THIS WARRANTY EXTENDS ONLY TO THE FIRST
LICENSEE; SUBSEQUENT TRANSFEREES MUST ACCEPT THE LUCENT
SOFTWARE "AS IS" AND WITH NO WARRANTIES OF ANY KIND. MOTOROLA
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Limitations on Liability. IN NO EVENT WILL MOTOROLA OR THE SUPPLIER BE
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LIABLE TO LICENSEE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM LICENSEE'S USE OF THE THIRD-PARTY SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third-Party Rights. The supplier is a direct and intended beneficiary of this Addendum
and may enforce this Addendum directly against Licensee.
Inconsistency. Any inconsistency between this Addendum and the main body of the
Agreement will be resolved in favor of this Addendum.
MOTOROLA, INC.
CITY OF MIAMI BEACH, FLORIDA
By: tdll2a~ PC-!/ '7 JPT
By:
111 if
Name:
William E. C. King III
Assistant Secretary, MCEI
Name:
Neisen Kasdin
Title:
Division Controller
Title:
Mayor
Date:
May 7, 1998
Date:
May 12, 1998
ATTEST:
City Clerk:
~o PeuJv--
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'ClJNTRACTS DEPT.
iAPPROVAL
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ADDENDUM FOR THIRD-PARTY SOFTWARE TO
MOTOROLA END-USER SOFTWARE LICENSE AGREEMENT
THIRD-PARTY SOFTWARE
Microsoft Windows NT 4.0 Software
MS NT Workstation
MS NT Backoffice - includes NT Server
MS NT SOL server
MS Service Pak 3
MS Resource Kit 4.0
MS NT Backoffice Client
Server/Client Anti-Virus Software
Innoculan Anti-Virus
Arc serve site virus detection
Arc server NT open file
Arc server SOL open file
Arcserve disaster recovery
Norton utilities
Remote Control/Redundancy Software
Octopus redundancy kit
PC Anywhere
Medical Priority Position Software
Pro O&A Position Software (14 positions max)
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