03-12-97 Special CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
SPECIAL MEETING - MARCH 12, 1997 - 6:00 P.M.
FIRST FLOOR CONFERENCE ROOM
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and
enjoy the benefits of a service, Program or activity conducted by
the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199
(TDD), 24 hours prior to the event in order for the City to accom-
modate your request. Adaptive listening devices are available.
SPECIAL MEETING AGENDA
Pursuant to Section 3.07 of the Charter of the City of Delray
Beach, Mayor Jay Alperin has instructed me to announce a Special
Meeting of the City Commission to be held for the following
purposes:
/
(1) Municipal vElection Results: Canvass the returns and declare
the results of the March 11, 1997, municipal election.
(2) vOmnicom Contract: Consider approval of an agreement with
Omnicom, Inc. for consulting services relative to the design
and implementation of a Tri-City 800 MHz Trunked Simulcast
~/Radio System.
(3) Commission Comments
Alison MacGregor Harty
City Clerk
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal
is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Alison MacGregor Harty, City Clerk~}l
SUBJECT: RESULTS OF FIRST NONPARTISAN ELECTION - MARCH 11, 1997
DATE: March 12, 1997
Presented for your review are the cumulative totals for the
regular and absentee ballots as certified by the Supervisor of
Elections for Palm Beach County, Florida, indicating the results
of the First Nonpartisan Election held on Tuesday, March 11,
1997. The results are as follows:
COMMISSION MEMBER - SEAT NO. 1:
Barbara Brown 1,355 Regular + 18 Absentee
= 1,373 TOTAL
David Schmidt 1,473 Regular + 18 Absentee
= 1,491 TOTAL
Carolyn Zimmerman 653 Regular + 5 Absentee
= 658 TOTAL
MOTION:
Move to approve the total votes for each candidate for Commission
Member - Seat No. 1, including all the regular and absentee votes
as presented, and that it is hereby declared, based upon the
above and foregoing results, that David Schmidt is elected as
Commission Member - Seat No. 1, for a two (2) year term
commencing on the 27th day of March, 1997, and ending in
accordance with the City Charter.
COMMISSION MEMBER - SEAT NO. 3:
Kenneth C. Ellingsworth - Unopposed
MOTION:
That Kenneth C. Ellingsworth, being the only candidate to qualify
for the office of Commission Member - Seat No. 3, is hereby
declared to be elected to that office in accordance with Section
5.04(b) (2) of the City Charter, and shall serve for a term of two
(2) years, commencing on the 27th day of March, 1997, and ending
in accordance with the City Charter.
AMH/m
Attachment
q ~.).:.,
1.~]R-12-1997 13:~$ FROH PBE SUP OF ELE':TIOII$ TO ................ F'.02
~LI#lCIPAt ELECT]O#$ Pa~e ~
11, 19~7
OELRA¥ 8F_ACN
Pr~inc:s Co~ted [ ZS] 28 100.00~.
~tee Profits Ce~ { 1] 1 100.00~
(003~) Re9is:er~ Voters 32,6~ 100.~
(0034) Bat L~ts Cast ~,~74 I0.94~
C~lS~l~ MEMBER - SEAT ~1
(0035) Bar.fa Bro~ 1,3~ ~8.~2~
(00~) Oavid S~m~dt 1,L9! ~I.~
(0~8) U~rvo:es ~
(0039) ~ervot~ ~ O.Sl~
pr~i~t (0033) £00~.) (Xtra> (0055) (00~) (00~> (00~) C~) (0039)
01~ 11~ 167 14.~ ZO 137 9 0 0.00 I 0.~
~ 570 ~57 10.~ 9 40 6 1 1 .~ 1 1
1~ 7~ ' ~7 3Z.61 aZ 119 91 ] 1.17 Z
1~ 576 1~ 33.51 5~ 1~ 30 0 0.~ 3 1
0170 ~9 70 0.87 13 51 6 0 0.~ 0 0.~
o171 Z558 ZS9 I0.1S 39 156 ~ I 0.39 3 1.16
171A 27~ ~ 1~.~ ~ 11~ 201 1 O.Z6 1 0.~
171c 876 9Z 10.50 70 11 10 0 0.~ 1 I
01~ 1176 307 ~.11 2~ 3 ~ S 1.63 ~ 1.63
1~ 5~ Z 3.~ 0 2 O 0 0,00 0 0.~
1~C 8 1 12.50 0 0 I 0 0.00 0 0.~
1~ Z 2 100.~ 0 2 0 0 0,00 O 0,~
0~ 1391 Z~7 15,~ 207 3 · I o.~ Z a,gz
017~ Z~57 126 5.13 25 76 ~1 ~ 2.~ 1
17~A 20~ 132 6.38 Z1 97 13 1 0.76 O 0.~
17~ ~81 1~ Z,91 9 3 Z O 0.~ 0 0.~
17~C 1S~ ~ 7.~ ]1 70 ~ 0 0.00 0 0.~
01~ 1~ - I~ 11.~ 1~] ~ ~ ~ 1.14 ] 1.71
~a 1~ 9 9.~ ~ S Z 0 0.00 0 0.00
0176 9~0 ~ Z.~S 12 I0 1 0 0.~ O O.O0
17~ ~ 197 6.70 ~ 108 ~2 ~ 1.02 1 0.~1
o~7a ~s~6 ~s 2.97 l& ~ s 0 0.~ 0 0.~
01~ 1119 154 13.76 ~9 47 56 1 0.65 I 0.6S
0189 2~6 Z61 9.14 ~5 i~ ~ 1 0.~ ~ 0.~
01~ 11Z1 105 9.37 la 71 1S 0 0,00 I 0.~
a~3 0 ~1 ---,-- 18 18 5 0 0,~ O' 0.00
STATE OF FLOR.IDA
COUNTY OF PALM BEACH
I, TI-J. ERESA LePORE, SUPERVISOR OF ELECTIONS, H'EREBY CERTIFY
THAT Il-tiS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
'-"[". '? iiWITNESS MY HAND AND SEAL, TI-II$ 12th_ DAY OF ~, 1997.
- . ,:- THERESA LePORE
...... : ~, SUPERVISOR OF ELECTIONS
: - ' PALM BEACH COL~TY. FLOI~DA
.. . 7:5
...... ' .'2-: '5
x,, ' -~ BY:
DEffU~Y '"
-: 'T~ .,:. ..-::"-
"- .... '- -% TOTRL F'.02
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # SP[- SPECIAL MEETING OF MARCH 12, 1997
RESULTS OF THE MUNICIPAL ELECTION
DATE: MARCH 7, 1997
Attached is a draft report of the March llth municipal election
results. The appropriate motions are provided.
The final report along with a copy of the certified results will
be distributed at the special meeting on March 12, 1997.
ref:agmemo4
MEMORANDUM
TO: Mayor and City Commissioners ~~~
FROM: Alison MacGregor Harty, City Clerk
SUBJECT: RESULTS OF FIRST NONPARTISAN ELECTION - MARCH 11, 1997
DATE: March 12, 1997
Presented for your review are the cumulative totals for the
regular and absentee ballots as certified by the Supervisor of
Elections for Palm Beach County, Florida, indicating the results
of the First Nonpartisan Election held on Tuesday, March 11,
1997. The results are as follows:
COMMISSION MEMBER - SEAT NO. 1: .l
Barbara Brown \9~ Regular + \6 Absentee
= 1 73 TOTAL
David Schmidt I q q~ Regular + ;~ Absentee
= I TOTAL
Carolyn Zimmerman ~J Regular + ~ Absentee
= ~ ~ ff TOTAL
MOTION:
Move to approve the total votes for each candidate for Commission
Member - Seat No. 1, including all the regular and absentee votes
as presented, and that it is hereby declared, based upon the
above and foregoing results, that O~U~D ~hmfo+ is elected
as Commission Member - Seat No. 1, for a two (2) year term
commencing on the 27th day of March, 1997, and ending in
accordance with the City Charter.
COMMISSION MEMBER SEAT NO. 3:
Kenneth C. Ellingsworth - Unopposed
MOTION:
That Kenneth C. Ellingsworth, being the only candidate to qualify
for the office of Commission Member - Seat No. 3, is hereby
declared to be elected to that office in accordance with Section
5.04(b) (2) of the City Charter, and shall serve for a term of two
(2) years, commencing on the 27th day of March, 1997, and ending
in accordance with the City Charter.
AMH/m
Attachment
MEMOR~d~DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2XlAGER~
SUBJECT: AGENDA ITEM # ,~Pc~ - MEETING OF MARCH 12, 1997
TRI-CITY RADIO COMMUNICATION SYSTEM/OMNICOM, INC.
DATE: MARCH 7, 1997
This is before the Commission to approve a consulting contract
with Omnicom, Inc. for the design of a radio system that would
serve us. The backbone portion of the system would be shared by
the three cities; Boynton Beach, Boca Raton, and Delray Beach.
We have attached the proposed contract from Omnicom, the
consultants on the project who were selected by Boca Raton; the
Executive Briefing which describes the radio system being
contemplated; and first draft of the Interlocal Agreement which
sets forth the terms and conditions under which the three cities
would cooperate in the construction and the management of the
common backbone system.
The contract with Omnicom calls for their work to be divided into
three phases:
Phase I site surveys, needs assessments, alternative and lonq
range plans. We need to do that regardless whether we need a free
standing or become part of this cooperative system.
Phase II is the detailed design work.
Phase III involves construction and installation of the new
system.
Phase I will give us the information we need to decide whether or
not to become part of the cooperative system.
Recommend approval of the consulting contract with Omnicom, Inc.,
subject to the changes recommended by the City Attorney, and
authorize the contractor to proceed with Phase I.
[lTV OF DELl:II:IV
CITY ATTORNEY'S OFFICE ~.,~,,,,:~.~:°~ ~'" ~ ~,.-.:.~..~,~~'"~:'~' ~"~ ~'~' ~o~:~ ~
Wrist's Dir~ Line: (561) 243-7~
DELRAY BEACH
lll.~ca CJ~ ~MO~~
1993
TO: David T. H~den, Ci~ Manager
~OM: Sus~ A. R~y, Ci~ Aaomey
S~CT: O~ICOM. Inc. Agreement - Review
I have reviewed the contract and make the following commems:
1) I would recommend that Paragraph 1.5 be modified by omitting the word
"board" in the last sentence and insert the word "Client" as an additional
insured. Also, I would recommend that a sentence be added to state that
OMNICOM shall provide the City with 30 days written notice of cancellation
or restriction.
2) Paragraph 1.7 contains a mutual indemnification clause. The City, pursuam
to Article 7, Section 10 of the Florida Constitution, cannot use public funds to
indemnify private persons or companies. (See attached Attorney General
Opinion). I would recommend that instead of the indemnification paragraph
as currently drafted, that the attached indemnification language be substituted.
3) I recommend that Paragraph 5.2 should be modified as follows:
"OMNICOM agrees that the Client may cancel the project ~
after any phase or upon 30 days written notice as provided by Paragraph
1.4."
This change would eliminate any question of conflict with Paragraph 1.4.
4) I would also suggest that the attached Non-Discrimination language,
Prohibition Against Contingency paragraph, Interest of Consultant paragraph,
(~ompliance with Laws paragraph, and Jurisdiction and Venue paragraph be
included under Section 6.
INDEMNIFICATION:
OMNICOM shall defend, indemnify and save harmless the CITY, its officers, agents
and employees, from or on account of any claims, losses, injuries or damages, received or
sustained by any person or persons during or on account of any operations connected with the
construction of this Project; or by or in consequence of any negligence (excluding the sole
negligence of the CITY), in connection with the same; or by or on account of any use of any
improper material, products, including but not limited to software and hardware, or by or on
account of any act or omission of OMNICOM, its subcontractors, agents, servants or
employees. OMNICOM agrees to defend, indemnify and save harmless the CITY, its
officers, agents and employees, against any liability arising from or based upon the violation
of any federal, state, county or city laws, by-laws, ordinances or regulations by OMNICOM,
its subcontractors, agents, servants or employees. OMNICOM further agrees to defend,
indemnify and save harmless the CITY from all such claims and fees, and from any and all
suits and actions of every name and description that may be brought against the CITY on
account of any claims, fees, royalties, or costs for any invention or patent, and from any and
all suits and actions that may be brought against the CITY for the infringement of any and all
patents or patent rights claimed by any person, fa-m, or corporation.
The indemnification provided above shall obligate OMNICOM to defend at its own expense
or to provide for such defense, at the CITY'S option, any and all claims or liability and all
suits and actions of every name and description that may be brought against the CITY which
may result from the operations and activities under this Contract whether the operations be
performed by OMNICOM, its subcontractor or by anyone directly or indirectly employed by
either. This indemnification includes all costs and fees including attorney's fees and costs at
trial and appellate levels.
Equal Opportunity_ Emplo_vment: Non-Discrimination:
OMNICOM agrees that it will not discriminate against employees or applicants for
employment because of race, creed, color, religion, sex, age, handicapped status or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
OMNICOM agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth this non-discrimination clause. This provision applies to all
OMNICOM'S subcontractors and it is the responsibility of OMNICOM to ensure
subcontractor's compliance.
Prohibition Against Contingent Fees:
OMNICOM warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for OMNICOM, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any persons, company, corporation, individual or form,
other than a bona fide employee working solely for OMNICOM any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award or
making of this Agreement.
Interest of the Consultant:
OMNICOM covenants that it presently has no interest and shall not acquire any interest,
direct or indirect, in any Project to which this Agreement pertains or any other interest which
would conflict in any manner or degree with the performance of its services hereunder.
OMNICOM further covenants that in the performance of this Agreement, no person having
such interest shall be employed.
Compliance with Laws:
OMNICOM shall comply with the applicable federal and state laws, rules, regulations, and
applicable county laws and all codes and ordinances of the City of Delray Beach, as amended
from time to time.
Jurisdiction; Venue:
OMNICOM hereby covenants, consents and yields to the jurisdiction of the state or federal
civil courts of Palm Beach County, Florida and Federal Court of the Southern District of
Florida. Any dispute between OMNICOM and the CITY shall be governed by the federal
laws or of the laws of the State of Florida with venue in Palm Beach County Court.
........... BOCA RATON
RADIO Tx/Rx
REMOTE CONTROL,
Tx COMBINERS /
RECEIVER
MULTICOUPLER
$1MULCAST / TRUNK]NG
BOYNTON BEACH
RADIO Tx/Rx
REMOTE CONTROL,
Tx COMBINERS /
MULTICOUPLER
CONSOLE CONTROL
ELECTRONIC~ EQUIPMENT
I
BOCA
I
SYSTEM DISPATCH DISPATCH
MANAGER PosmoN 1 PoSmON 4
SYSTEM DISPATCH DISPATCH
MANAGER POSITION I POSITION 4
$~ DISPATCH [DISPATCH
IvtN~IAGER PosmoN 1 PosmoN 3
Figure 2.1
Two Transmit / Two Receive
Site 800 MHz Trunked
SERVEI~'~:X~WIS~e~sim3.v~ Simulcast Block Diagram
=====================================================================
11
11
il
OMNICOM, Inc.
COMMUNICATIONS ENGINEERING
February 28, 1997
David Harden
City Manager's Office
100 Northwest l't Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Our enclosed quote is to provide consulting services to the City of Delray Beach for the
design and implementation of your Tri-City 800 MHz Trunked Simulcast Radio System.
We appreciate the opportunity to provide this quote to you, and look forward to working
with you and your staff.
I will be out of the office next week, but if you have any questions, please do not hesitate
to call Gene Buzzi.
Warm regards,
Robert W. Sutphen
Vice President, Project Management
RWS/jms
Enclosure
File: G:\BOCA\DELRAY i~EACH\LETTER$\DH70228.DOC
930 THOMASVILLE ROAD · SUITE 200 · TALLAHASSEE, FLORIDA 32303 · PHONE: (904) 224-4451
AGREEMENT BETWEEN OMNICOM, INC.
AND
THE CITY OF DELRAY BEACH
THIS AGREEMENT, dated this day of , 1996, by and
between OMNICOM, INC., a Florida Corporation (hereafter OMNICOM) and the City
of Delray Beach (hereafter CLIENT).
WITNESSETH
IN CONSIDERATION of the mutual covenants and promises expressed herein
the parties hereby agree as follows:
1.0 GENERAL:
1.1 OMNICOM agrees to perform certain professional services for the
CLIENT as hereinafter stated.
1.2 OMNICOM agrees to serve as the CLIENT's professional representative
in all phases of the project, and will provide consultation and advice to the board
during the performance of the services described in Paragraph 2.0 of this
Agreement.
1.3 It is specifically agreed that OMNICOM is bound by the terms
expressed herein and shall not assign, sublet or transfer any of its duties hereunder
without written consent of the CLIENT.
1.4 This agreement may be terminated by either party with 30 days
written notice. In the event of such termination by the CLIENT, it is agreed that
OMNICOM shall be paid for work performed and expenses incurred in connection
with the Agreement, up to the date of receipt of the notice by OMNICOM.
1.5 OMNICOM agrees to secure and maintain such insurance as required
under the Worker's Compensation laws of the State of Florida. OMNICOM agrees
further to secure and maintain liability insurance to protect the CLIENT from claims
for bodily injury, death or damage which may arise from the performance by
OMNICOM of the terms of this Agreement. The insurance shall be written for not
less than the limits of liability specified below, or required by law, whichever shall
be the greater.
General Liability Aggregate $2,000,000
Products - Comp. OPS Aggregate $2,000,000
Products & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Workers Comp & Employer's Liability 9100,000 each accident
Automotive Liability $ 500,000/500,000/500,000
Professional Liability $1,000,000
OMNICOM agrees to file with the CLIENT a Certificate of Insurance
indicating the extent of coverage and naming the board as additional insured for the
duration of this Agreement.
1.6 All drawings and documents supplied by OMNICOM under the terms
of this Agreement shall become the property of the CLIENT and may be used by the
board, at its risk, as reference for any future work. OMNICOM agrees to sent to
the CLIENT five copies and one camera ready original of all drawings and
documents.
1.7 Each party agrees to indemnify, defend and save harmless the other,
its officers and employees, from all suits, actions, and claims of any character,
name or description brought for, or on account of, any injuries received or sustained
by any person or property or as a direct result of proven negligence on the part of
the party from which such indemnification is sought.
2.0 BASIC SERVICES PROVIDED BY OMNICOM:
OMNICOM agrees to furnish the services delineated in Attachment A hereto
titled, 'Communications Engineering and Consultin.q Services."
3.0 ADDITIONAL SERVICES PROVIDED BY OMNICOM:
If authorized in writing by the CLIENT, the board will pay additional
compensation to OMNICOM for additional services resulting from mutually agreed
to changes in the scope of the services referenced in 2.0 above. Contract
modifications will be priced at OMNICOM's current rates on the date of the
modification.
4.0 RESPONSIBILITIES OF THE CLIENT
The responsibilities of the CLIENT under this Agreement are to:
4.1 Provide to OMNICOM information as required on a timely basis.
4.2 Appoint a representative(s) as required to coordinate activities of the
services referenced in 2.0 above.
4.3 Provide access to the CLIENT's employees for conducting interviews
and administering questionnaires as required by OMNICOM to perform the work of
the project.
5.0 PAYMENTS TO OMNICOM:
5.1 Payments for services shall be made once a month upon presentation
of a detailed invoice by OMNICOM including a description of the tasks performed,
the hours worked and project expenses incurred. A finance charge of 1.5% per
month may be added to all accounts over 30 days past due (18% A.P.R.).
5.2 Payment for the professional services shall not exceed the cumulative
sum of $55,933.97. It is agreed that this sum does not include the cost of any
radio frequency coordination fees and any FCC licensing fees, which may be
imposed, These latter fees are not included in the fee agreed to by OMNICOM, and
if incurred will be billed to the CLIENT at actual cost.
Pricing for each phase is as follows:
Phase I - $1 3,227.81
Phase I1 - 26,742.86
Phase I!1 - 15,963.30
Total - 55,933.97
OMNICOM agrees that the CLIENT may cancel the project after any phase.
OMNICOM's tasks are defined in Attachment A.
Bills will be paid 30 days from date of invoice.
OMNICOM will provide additional professional services on an hourly basis at the
rates for each individual on the attached table. These rates include Engineering
Overhead Expenses, General and Administrative (G&A) Expenses and Profit. If
travel is required, per diem expenses will be as follows:
Per Diem: $105.00
Rental Car: $75.00
TOTAL: ~180.00 per day
Round trip airline fares will be billed to the Board at actual cost. If desired, receipts
will be provided.
Hourly Rate Table
Project Manager $103.21
Project Engineer 98.82
Senior Engineer 94.43
Communications Engineer 87.05
If the contract period is extended due to circumstances beyond either parties'
control, OMNICOM's rates shall be adjusted to reflect the current year's figures.
5.3 If this Agreement is terminated by the CLIENT prior to the completion
of the project, payment to OMNICOM will be made generally as outlined and limited
in Paragraph 5.1 above. However, OMNICOM shall be paid for actual work
completed. All work, files, notes and drawings pertaining to or developed for the
project shall become the property of the CLIENT and shall be delivered to the
Project Director or an authorized representative prior to the final payment to
OMNICOM.
6.0 MISCELLANEOUS
6.1 OMNICOM shall maintain an adequate and competent staff of
professional qualified personnel for the purpose of rendering the required
engineering services hereunder and shall diligently execute the work and make a
best effort to meet the completion time established by the project schedule.
6.2 This Agreement sets forth the complete understanding and intent of
the parties, any prior writings or verbal agreements notwithstanding. Any
modification to this Agreement shall be in writing and signed by the parties hereto.
IN WITNESS WHEREOF the parties hereto made and executed this agreement
the date and year first above written.
ATTEST:
BY:
TITLE:
WITNESS:
OMNICOM
BY:
Gene A. Buzzi
TITLE: President
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
4.0 Scope of Work
Based upon our knowledge and experience with Public Safety communications and
information system projects, OMNICOM proposes to approach the project by
performing the planning, engineering and management tasks that will deliberately
and logically accomplish the project goals.
4.1 Work Plan Overview
Each of the tasks that will be required to successfully implement the methodology in
accordance with the RFP requirements are incorporated into 3 phases as follows:
Phase 1, Planning Phase: Site Surveys, Needs Assessments, Alternative and Long
Range Plans
Task 1.1 - Contract Execution
- Project Orientation
- Needs Assessment/Agency Interviews
- Site Surveys
Task 1.2 - Systems Analyses
Task 1.3 - Optimum System Configuration Recommendations
Task 1.4 - Long Range Comprehensive Plan
Phase II, Design Phase: Detailed Design, Procurement Specifications, Vendor Bid
Evaluations, Negotiations and Contract Award
Task II. 1 - Develop Detailed Design
Task 11.2 - The City of Delray Beach Design Approval
Task 11.3 - Develop FCC/FAA Licenses/Notices
Task 11.4 - Prepare System Procurement Documents
Task 11.5 - The City of Delray Beach Procurement Document Approval
and Release
Task 11.6 - Pre-Bid Conference
Task 11.7 Revise Procurement Documents
Task 11.8 System Proposal Development/Bids Received
Task 11.9 Bid Evaluations and Recommendations
Task I1.10 Assist in Selected Vendor Contract Negotiations
Task II. 1 1 Contract Award
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
Phase III, Construction Phase: System Implementation Management,
Verification and Acceptance (Separate Option)
Task II1.1 - System Implementation Management
Task 111.2 - System Reviews and Site Surveys
Task 111.3 - System Verification
Task 111.4 - System Acceptance
4.2 Project Task Descriptions
A detailed description of the above mentioned phases follows:
Phase I, Planning Phase: Site Surveys, Needs Assessments, Alternatives and
Long Range Plans
In Phase I, the existing Public Safety and Public Service communications and
information systems will be surveyed and evaluated in order to prepare the optimum
configuration that will best meet the needs of the City. After the approval and
acceptance of these recommendations by the City, OMNICOM will prepare a long
term Comprehensive Plan for a Communications system for the City of Delray
Beach, Boca Raton, and Boynton Beach.
The City of Delray Beach project personnel and the OMNICOM project team will
meet to develop the optimum configuration for its Communications system. The
optimum configuration for the system will then be developed into the Long Range
Comprehensive Plan, detailing the selected systems designs, with a multi-year
implementation schedule with spreadsheets depicting the annual capital costs and
annual expenses. This will set the stage for Phase II.
1.1 Contract Execution, Project Orientation, Needs Assessment/Agency
Interviews, and Site Surveys
The City of Delray Beach contract agreement will be executed by both parties.
Approximately one week following the signing of this contract, the work associated
with the project will commence.
This task contains the activities which will enable the OMNICOM project team to
meet with the City of Delray Beach's project personnel, police information system
and radio users in order to become more familiar with the City's operations and to
establish reporting relationships with the appropriate project personnel. The work
2
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
schedule will be solidified at this meeting and project documentation guidelines will
be established as necessary.
The needs assessment is intended to review, update and obtain current information
on specific program details that will affect the project activity. It will identify the
communication and information needs of the City through the process of
interviewing, gathering background reports, studies and other pertinent
documentation, to identify specific communication needs.
Site surveys will be performed to identify and study the communications system
design. The following tasks will be included:
A. Survey the police, fire-rescue and public service communications centers to
identify center equipment including command and control consoles,
Computer Aided Dispatch systems requirements, recording equipment,
telephone systems, 9-1-1 systems, center layout, available space and
supporting resources
B. Survey existing towers and antenna sites to identify site configuration
regarding facilities, towers, equipment, buildings, antenna placements,
security, redundancy and emergency power availability
C. Verify and analyze site survey relative to capability and operation of radio:
1. Transmitter
2. Receiver
3. Microwave system
4. Structures
5. Generator
6. Climate Control
7. Conventional
8. Trunked
9. Trunked/Conventional
D. Survey all base/receiver station sites, as well as any additional sites that may
be necessary, to identify equipment usage, installation criteria, interface
requirements and system constraints
E. Survey the existing microwave systems for existing communications system
control and obtain the microwave channel plan
3
Proposal to the City of Delray Beach for Communications Systems Consulting Services
F. Survey other point-to-point facilities such as wireline facilities and fiber optic
facilities
G. Obtain the inventory of all existing radio equipment to identify quantities and
types of radios
H. Review the land mobile radio communications system configurations and
obtain any available system coverage data
I. Obtain existing standard operating procedures, long-range plans, impact
studies, land use plans, demographic studies and population growth data
J. Observe calltaking and dispatching operations
K. Interview appropriate personnel in the Police, Fire-Rescue and public service
agencies:
1. Communication Center Directors
2. Administrative Assistant
3. Communications Supervisor(s)
4. Communications Operators
L. Obtain reports and specifications developed for the radio system.
!.2 Systems Analyses
OMNICOM will provide professional services in evaluating the existing radio
communications system relative to current needs, technology and capability.
OMNICOM will survey the Police Services, Fire-Rescue Services, and local
government relative to their needs regarding the radio communications systems and
compatibilities.
A. Verify and analyze site survey and needs assessment activities to compile
the overall system requirements
B. Analyze radio frequency channel loading of the radio communications
systems to define and recommend both present and future radio channel
requirements
C. Analyze radio frequency channel usage by function
4
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
D. Analyze all remote fixed radio sites to identify both minor and major
deficiencies and problems
E. Analyze radio command and control console configuration and criteria
F. Analyze any existing microwave system and channel capacity for use with
Delray Beach system
G. Evaluate microwave system relative to potential purchase by Personal
Communication System and advise city of options
H. Analyze any existing microwave system and channel capacity for potential
purchase by PCS provider
I. Analyze point-to-point facilities such as wireline facilities and fiber optic
facilities
J. Analyze all standard operating procedures, long-range plans, impact studies,
population growth trends and demographic studies to predict future traffic
growth
K. Evaluation and Comparison of maintenance costs for current and proposed
systems
L. Evaluate encryption of voice media, data media, and/or voice and data media
on selected frequencies and/or groups
M. Make recommendation relative to administrative and emergency telephone
equipment in Communications Center
N. Evaluate the requirements to integrate radio, voice and data
O. Evaluate diagnostics and maintenance feasibility
P. Verify whether the microwave system is long-term and/or assist in relocation
due to possible Personal Communication System (PCS) purchase.
1.3 Optimum Systems Configuration Recommendations
Approximately two weeks after the system's analysis, OMNICOM personnel will
meet with the City's project team to discuss the following:
5
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
A. The Communication systems configuration, the advantages and
disadvantages of the configuration, and associated pricing information
B. Select the optimum systems configurations from among the alternative
configurations in the report.
1.4 Long Range Comprehensive Plan
Based upon the optimum systems configuration selection accomplished in the
previous task, OMNICOM will prepare a Long Range Comprehensive Plan to formally
document the goals and objectives the City intends to pursue in the future years for
radio communications and police information systems. This plan will provide annual
budgetary information for capital expenditures and for on-going expenses.
The major features of the plan include:
A. A plan for the integration of all new technology purchased within the
parameters of project into existing areas of interest
B. A five and ten year plan for upgrade/expansion of all technology that is
changed
C. A plan for purchase and transition into Mobile Computer Terminal (MCT)
utilizing voice/data media
D. Include the interoperability of radio system with surrounding municipal,
county and state agencies
E. A detailed transition plan for the existing laptops/notebook computers and
their interfaces with the proposed mainframe computers
F. Cost Benefit Analysis on all systems, with separate cost analysis for Police
Services; Fire-Rescue Services and local government.
6
· Proposal to the City of Delray Beach for Communications Systems Consulting Services
Phase II, Design Phase: Detailed Design, Procurement Specifications, Vendor Bid
Evaluations, Negotiations and Contract Award
In Phase II, the detailed design of the radio communications system that is described
in the Comprehensive Plan will be performed. Based upon the detailed design,
procurement specifications will be prepared for the communications system.
During the procurement process, OMNICOM will assist the City's Purchasing
Department and provide technical support during the pre-bid conference. OMNICOM
will also prepare technical responses to vendor/bidder questions and perform
technical bid evaluations of the bids received.
OMNICOM will provide the City with a report entitled "Bid Evaluations and
Recommendation Report" addressing each of the two major subsystems, radio
communications and police information. This report will clearly and concisely
tabulate the individual bid submittals and their conformance with the specified
requirements. This process and report will aid in the avoidance of bidder protests.
After the awards have been made to the selected vendor(s) for the public safety and
public services communications system, OMNICOM will assist the City in contract
negotiations with vendor(s). This contract will cover all essential issues, timetables,
payment schedules and acceptance tests to provide a strong contract that will
assure the City of its expectations and also protect the City in the event of a failure
to perform by any vendor(s).
I1.1 Develop Detailed Design
After the optimum configuration is selected, OMNICOM will develop the system's
final design. OMNICOM will provide a report entitled "The City of Delray Beach
Communications System Design." This document will be based on the selected
design and used to develop the system procurement documents. The following
components will be included in the Detailed Design:
A. Radio wave propagation predictions will be included for portable radios
operating outside and inside light, medium, and dense buildings and for
mobile radios.
B. Preparation of all necessary documents for frequency coordination, FAA
notices and FCC licenses.
C. Integration of new technology plans.
7
· Proposal to the City of Delray Beach for Communications Systems Consulting Services
D. Interoperability Plan for communication with Palm Beach County and the
cities within the County.
E. Design of a transmitter/receiver site configuration or changes to include any
special structures, generators, climate control, power, etc. that would be
required at either satellite receiver or main transmitter sites.
11.2 The City of Delray Beach Design Approval
The City of Delray Beach will review, and when satisfied, approve the design.
OMNICOM will then proceed with the development of the procurement
documentation.
11.3 Develop FCC/FAA Licenses/Notices
If the system requires additional sites and/or modifications to the existing sites as
licensed, OMNICOM will prepare the required documentation for APCO, the FCC and
the FAA.
11.4 Prepare System Procurement Documents
Following the City of Delray Beach's approval of the System Design document, a set
of procurement documents (plans, specifications, RFP's, etc.) will be prepared for
the City's use in purchasing the necessary radio communications system equipment
and services such as training, maintenance, warranty and documentation. This
specification will be consistent with the State of Florida and the Palm Beach County
Communications Plans.
The Request For Proposal Document will be based on the finalized Functional
Requirements to include the establishment of Radio System Standards to ensure
function and reliability. Console requirements will also be developed to
accommodate the radio equipment. Equipment layouts will be as requested by the
communications center personnel.
A. The specifications will require the vendor to submit a transition plan relative
to the training of Communications personnel on the new equipment.
B. The specification will include the capability to communicate in a Public
Safety arena with multi-jurisdictions using different systems, frequencies,
and protocols.
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
C. The specifications will include the vendor requirements for formal testing and
acceptance of the radio system.
D. The specifications will require the vendor to develop a plan for the transition
to the new Radio and MDC system.
11.5 The City of Delray Beach Procurement Document Approval and Release
OMNICOM will submit the procurement document to the City of Delray Beach for
approval and modifications to the Terms and Conditions section for tailoring to the
City of Delray Beach's requirements.
11.6 Pre-Bid Conference
Within two to three weeks after the solicitation of bids for radio communications
and police information systems, pre-bid conferences will be conducted to ensure the
potential bidders understand and can respond to the bid specifications. OMNICOM
will participate in these conferences, along with the appropriate City of Delray Beach
Purchasing and Project personnel.
11.7 Revise Procurement Documents
Any recommended specification changes that result from the Pre-Bid Conference will
be prepared by OMNICOM and submitted to the City of Delray Beach Project
Director for review and approval prior to inclusion in a specification addendum and
notification to bidders.
11.8 System Proposal Development/Bids Received
The vendors will develop their proposals during this period. The vendor bids will be
formally received by the City of Delray Beach and provided to OMNICOM for
evaluation.
11.9 Bid Evaluations and Recommendations
The bid submittals will be evaluated in detail by OMNICOM personnel for
conformance with the requirements of the procurement documents. The
methodology employed shall be the utilization of a formal bid evaluation matrix,
constructed from the specification document and designed to indicate the
conformance and nonconformance of every bidders' submittal to every specific
requirement.
9
· Proposal to the City of Delray Beach for Communications Systems Consulting Services
A bid evaluation report that includes bid award recommendations will be provided to
the City of Delray Beach Project Director, the Committee, and the Purchasing
Department with complete justification for the award recommendation. This report
will document the entire bid evaluation, and will aid in avoiding protest action by the
losing bidder. Any protest activity can cause extensive delays in system
implementation and may also increase system costs.
11.10 Assist in Selected Vendor Contract Negotiations
OMNICOM will ensure that Delray Beach receives the most favorable price
consideration for the radio communications and MDC systems and, perhaps as
important, that the contract terms will guarantee timely and responsive completion
of the installation and acceptance processes.
OMNICOM will represent the City in direct contract negotiations with the selected
communications and information system vendor(s). A negotiating team composed
of the City, City Purchasing Director and other officials will ideally work with
OMNICOM during negotiations. OMNICOM, through the RFP document, requires
that the vendor be responsible for both taking notes and tape recording all
negotiations sessions and preparing comprehensive minutes of each session.
OMNICOM will prepare comprehensive reports for Delray Beach detailing the results
of each negotiations session, defining areas of the contract unresolved and
presenting a suggested negotiating position for future sessions. Development of a
comprehensive Scope of Work (SOW) is an integral part of contract negotiations for
acquisition the MDC and radio systems. The SOW defines the responsibilities for
both the vendor(s) and the City in system implementation and acceptance testing.
Further, the SOW process will further define finite system parameters, such as type
and number of MDC's, mobile and portable radios, etc., each of which will directly
affect the final contract price. OMNICOM will assist Delray Beach in developing the
SOW and negotiating the impact on final contract price as a result of changes
sought by the City during the process.
I1.11 Contract Award
Following successful negotiations, contracts will be awarded to the successful
information system and radio system vendor(s). This concludes the Design Phase.
10
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
Phase III, Construction Phase: System Implementation Management,
Verification and Acceptance (Optional)
In this final phase, the selected vendor(s) for the radio communication system
improvement will install the hardware and software that is necessary to achieve the
communication system improvements.
During this phase, OMNICOM will provide implementation management to ensure all
"as-built" drawings are per the procurement documents and that the installations are
per the "as-built" drawings. Based upon the schedule agreed to by the City of
Delray Beach and the system vendor(s), OMNICOM will monitor the work progress
to ensure the project is completed on time. This phase will be implemented by:
A. Providing support, documentation project management in the areas of
interfacing MDC and Radio systems.
B. Performing system inspection as necessary to verify equipment installation
and witness pre-acceptance project management tests to ensure
performance prior to form acceptance.
C. Preparing milestone reports relating to the projects being performed.
II1.1 System Implementation Management
During the delivery and installation of the radio system, OMNICOM will provide
project management for the job and provide on-site liaison of the system installation.
111.2 System Reviews and Site Surveys
OMNICOM will preside over periodic meetings with the vendor(s) to ensure that
work progresses smoothly and efficiently and the City of Delray Beach's costs are
minimized. Site inspections will be conducted to ensure the "as-built" drawings are
per the Procurement Document and vendor(s) Bid Documents. The system
installation will be compared to the "as-built" drawings.
111.3 System Verification
As each subsystem is completed, OMNICOM will work with the vendor{s) and the
City of Delray Beach to ensure the subsystems are functioning per the requirements.
All deviations will be formally recorded and provided to the vendor{s) and the City of
Delray Beach for resolution.
11
~roposal to the City of Delray Beach for Communications Systems Consulting Services
111.4 System Acceptance
Once the vendor(s), the City of Delray Beach and OMNICOM are in agreement that
the system is ready for acceptance, OMNICOM will witness the formal acceptance
tests that will be performed by the vendor(s) per bid specifications. After a
successful test period, OMNICOM will recommend the system be accepted by the
City of Delray Beach.
12
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
5.0 PROJECT MANAGEMENT
Although we identify a specific approach and describe how all required tasks will be
accomplished, some modifications may be required as we become more familiar
with the factors that will affect the project. In this respect, we are flexible and are
prepared to modify our approach to satisfy Delray Beach's needs and requirements
and the evolving performance-oriented objectives as they are developed in
conjunction with Delray Beach's Project Director.
OMNICOM, Inc. proposes to use the system approach to this project, utilizing
communications system specialists as project engineers working under the direction
of a Project Manager.
The Project Manager will schedule and manage the OMNICOM project personnel and
subcontractors, and will review and approve all engineering project documentation,
plans, and designs. He will also serve as the OMNICOM point of contact, and
coordinate project activities with Delray Beach's representatives.
OMNICOM has selected a Project Manager who possesses the managerial and
technical skills that are necessary for project success. He will regularly follow the
project progress and be "on-site" during the major project activities.
The OMNICOM Project Manager will be responsible for the development of project
engineering deliverables and will coordinate with the City of Delray Beach Project
Directors to report progress and receive instructions, feedback, and guidance as
necessary for the successful accomplishment of the project's goals and objectives.
Based on the foregoing, OMNICOM has developed a project team consisting of a
highly qualified Project Manager and Engineering Staff supported by engineering
specialists in key skill areas that may be required to perform specific elements of the
project.
5.1 Project Team Organization Diagram
The Project Team Organization Diagram is presented in Figure 5.1.
13
Proposal to the City of Boca Raton for Communications Systems Consulting Services
OMNICOM Project Team
for
Delray Beach's
Radio Communication System
· System Analysis · Status Report
· Alternatives · Project Tracking
Development · Budgetary Pricing
· System · Bid Evaluations
Joe Leikhim · Trunking
Senior Communications · Simulcast
Engineer · Microwave/Fiber
Optics
Ivan Guerra · Coverage Analysis
Communications · Microwave Path
Engineer Analysis
Figure 5.1- Project Team Organization Diagram
OMNiCOM, Inc. 5-2
Proposal to the City of Delray Beach for Communications Systems Consulting Services
Some important features the project team can provide Delray Beach are:
A. A high level of experience with communications system engineering,
planning, and management; VHF and UHF radio systems; 800 MHz trunked
voice and data communications systems; MDC and AVL systems; coverage
prediction; microwave systems; tower facilities; and all related peripheral
skills.
B. An international professional engineering and consulting firm whose business
is land mobile two-way radio communications and computer consulting and
engineering.
C. Highly skilled engineers and specialists experienced in the survey, analysis,
design procurement, and implementation of communications systems.
D. An effective system engineering work plan with the methodology that will
permit project schedule visibility and form the basis for project control by the
OMNICOM Project Manager and the City of Delray Beach's Project Director.
E. Strong project management based upon extensive project experience to
ensure both the quality and timeliness of each project task.
5.3 Project Management Services
OMNICOM will provide strong project management, reporting, scheduling, and fiscal
control. Overall project management, control, and documentation is provided to
ensure that the project goals and objectives are met on schedule and in a cost
effective manner.
A close relationship will be kept between the City of Delray Beach and OMNICOM.
The following reports will be made available to the City of Delray Beach:
A. Weekly Progress Reports Will be provided throughout the course of
the project.
B. Progress Review Meetings OMNICOM will be available for biweekly
oral presentations, as necessary.
C. Project Status Reports Written monthly status reports will be
provided to address progress, corrective
actions, upcoming plans, and
management issues.
15
'Proposal to the City of Delray Beach for Communications Systems Consulting Services
D. Critical Problem Conferences Will be provided on an as-needed basis.
E. Safety/Catastrophe Reports Will be provided on an as-needed basis.
F. Financial Status Reports Written reports will be provided on a
monthly basis.
G. Progress Audits Monthly audits will illustrate the project's
progress with respect to cost-to-date
information.
Also included is the coordination of client requirements with vendors, regulatory and
licensing agencies, coordination agencies, internal client agencies, and service
providers.
5.4 Project Scheduling
Project scheduling is performed with the commercial software "Microsoft Project."
This program develops the project schedule in Gantt chart format, presenting each
activity or task as well as its scheduled start and end dates. Each project task's
status (complete, non-complete, critical path, start, end, the critical time, the slack
time, current date, and milestones) is shown. The project schedule is presented on
the following page.
All major and minor activities (tasks) are delineated and entered into the project
tracking system. The detail of task development is prepared by OMNICOM and
approved by the client.
16
I NT E R L O C AL AGREEMENT
for the 800 MEGAHERTZ TSR SYSTEM
This Agreement is entered into this ? st day of ????????, 1997,
pursuant to and in accordance with the authority of Chapter 163 Fla.
Statue., by and between the CITY OF BOCA RATON, a Florida municipal
corporation, whose address is 100 Northwest Boca Raton Boulevard, Boca
Raton, Florida 33432, hereinafter referred to as the "Boca Raton", and the
CITIES OF DELRAY BEACH AND BOYNTON BEACH, public bodies existing under the
laws of the State of Florida, whose addresses are 3~0 W~t A~i~ti~ Aven~e,
Delray Beach, Florida 33444, and 100 East Boynton Beach Boulevard, Boynton
Beach, Florida 33435, respectively, hereinafter referred to as "Delray
Beach and Boynton Beach";
WITNESSETH:
WHEREAS, Boca Raton plans to develop an 800 M~z Trunked
Simutcast Radio ("TSR") system to provide improved communications
facilities for its agencies with respect to public safety communications;
and
WHEREAS, Delray Beach and Boynton Beach are in the process of
developing a new communications system for their cities and have been
assi~Fned 10~ommunications channels by the Federal Communications Commission
(FCC) for such purpose; and
WHEREAS, the Parties have determined that the consolidation of
the individual systems proposed by Boca Raton, Delray Beach, and Boynton
Beach into one jointly shared 800 M~z/UHF TSR System will result in an
enhanced communication system which will meet the needs of the Parties and
improve routine as well as emergency communications between the Parties;
and
WHEREAS, the Parties desire to enter into this Agreement to
establish basic parameters for acquiring and the manner for sharing costs
of implementing and maintaining the jointly shared 800 M~z/UHF TSR System.
NOW THEREFORE, for and in consideration of the mutual covenants
and agreements herein contained and other good and valuable consideration,
the Parties hereto hereby agree as follows:
Section 1. DEFINITIONS
"800 MHz/UHF TSR System" or "System" shall mean the entirety of the
jointly-shared TSR system, to include Backbone Items and User Specific
Items, as such system will exist following the completion of the Project.
"Backbone Items" shall mean those non-user specific elements of the
System which shall be jointly used or shared by the Parties and shall
include, but not be limited to, the construction, modification and/or
furnishing of new or existing transmitter/receiving sites and related
subsystems as required for such System; the construction and/or
modification and outfitting of new or existing equipment storage facilities
at such sites; security of such items, base stations,
transmitters/receivers, microwave subsystem, trunking/simulcast
controllers/system managers, related software and any other jointly used or
2
shared items.
"Cooperative' shall mean the South Palm Beach County_~,~!ic S~fety
Cooperative formed by the City of Boca Raton and the Cities of Delray Beach
and Boynton Beach.
"FCC" shall mean the Federal Communications Commission or any
successor agency.
"Project" shall mean the development and construction of the System
pursuant to the detailed equipment and software specifications contained in
the "Statement of Work for the design and implementation of an 800
Megahertz/ Ultra High Freque~ncy Trunked Simulcast Radio System for the
South Palm Beach County ~z~J~-c~f~ Cooperative" dated ?????, 1997, as
revised on ???? ??, 1997, prepared by Omnicom, Inc. and incorporated herein
by reference.
"Project Coordinator" shall mean the person designated by Boca Raton
to be responsible for the interface between the Parties and the day to day
coordination and management of the Project during the planning and
construction phases. The Project Coordinator shall perform the duties
assigned under this and any other Agreement between the Parties relating to
the Project or the operation and maintenance of the System.
"Project Team" shall mean the team composed of one representative
designated by each Party to advise the Project Coordinator. Omnicom,
Inc., the system consultant, shall be a non voting member of the Project
Team.
"User Specific Items" shall mean those elements of the System
required for each Party's individual communications ~ystem, purchased,
installed and/or used individually by each Party and shall include but not
be limited to, radios, encryption devices, computer terminals, and other
communications structures. Each Party shall be responsible for developing
its own requirements for User Specific Items and supervising the
installation thereof at locations determined by such Party.
Section 2 SOUT~t PALM BEACH COUNTY ....
· ~u~m~ ~rm~ COOPERATIVE.
Boca Raton, Delray Beach and Boynton Beach have come together and
hereby form the South Palm Beach County 'P~bii~ ~ Coopergtive for the
specific purpose of holding the licenses to the 800 MI~z/LrHF TSR System to
be used by the Parties for the benefit of the citizens of the cities of
Boca Raton, Delray Beach and Boynton Beach and the traveling public using
the South Palm Beach County Area and upon completion of the Project,
operating and maintaining the Backbone Items.
Section 3. LICENSING OF 800 M~z/UF~F TSR SYSTEM
The Parties agree that the ten (10) radio channels held by Boca Raton
and the ten (10) radio channels held by Delray Beach and Boynton Beach
shall be combined and licensed as one inter-operable 800 MHz/UHF TSR
System. The FCC licenses for all radio channels included in the System
shall be held i~ the name of the Cooperative.
The System shall be configured to insure a minimum of 20 talk groups
for Boca Raton use and a minimum of 10 talk groups for use b~ Delray Beach
4
and Boynton Beach. Each Party may use the System in a manner that such
Party deems necessary for the conduct of its operations provided that such
use shall be consistent with maintaining the maximum efficiency of the
System.
Section 4. TITLE TO 800 M~z/U~F TSR SYSTEM
The Cooperative shall not hold title to any equipment included in the
System. Title to User Specific Items shall vest in the respective Party
at the time of the delivery of any such items to the respective Party's
facilities. Title to the Backbone Items for the transmitter/receiver site
at the Boca Raton Municipal Services Complex shall vest in Boca Raton upon
delivery of any materials and equipment required for such tower to the
site. Title to the Backbone Items located at the remaining
transmitter/receiver sites shall vest in the respective party upon delivery
of any materials and equipment to such sites. Each Party shall have the
right to use the Backbone Items located at each of the transmitter/receiver
sites. Title to the trunking/simulcast controllers/system managers to be
located at the respective Party's facilities shall vest in the respective
Party upon delivery of such equipment to the Party; however, each Party
shall have the right to use such trunking/simulcast controllers/system
managers jointly. The respective Party shall be responsible for loss,
damage or destruction, replacement of all equipment, materials and supplies
whic_~ may occur after such articles have been delivered to its facilities.
Payment shall be made to vendor providing repair or replacement.
Notwithstanding the foregoing, title to any proprietary software required
for the operation of the System shall remain in the owner of such software.
Proprietary software required for the operation of the System shall be
licensed in perpetuity to each Party without cost in a manner which will
permit its independent use by such Party, and include appropriate
warranties running directly to each Party.
Section 5. PROJECT BUDGET
Each Party has agreed to surrender its currently assigned radio
channels and become a participant in the System. Each Party shall pay its
share of the cost of the System shall be as follows:
(A) As to Boca Raton:
User Specific Items ....................... %
Backbone Items cost ....................... %
(B) As to Delray Beach:
User Specific Items .................. %
Backbone Items cost .................. %
(C} As to Boynton Beach:
User Specific Items .................. %
Backbone Items cost .................. %
Notwithstanding the foregoing, if, upon completion of the System, because
of currently unknown circumstances, the calculation of Delray Beach and
Boynton Beach's share of the actual Backbone Items cost produces a result
in excess of ($) Dollars, Delray. Beach and Boynton
Beach agree to negotiate in 9ood faith with Boca Raton to determine whether
an increase in its share of the Backbone Items cost is justified, and if
justified, the reasonable amount of such increase. All costs in excess of
contract will be reviewed by Project Manager, Omnicom, Inc. This review
will provide justification for excess costs and distribution of liability.
Section 6. ADMINISTRATION OF THE PROJECT
A. Project Team
The Project Coordinator shall be Chairman of the Project Team. The
Project Team shall prepare a schedule to be approved by City Councillor all
parties for the planning, design, construction and implementation of the
Project and take such action as may be necessary to bring about the timely
completion of the System pursuant to the implementation schedule approved
by all parties.
B. General Matters
1. The persons designated by a Party to be its representative on the
Project Team may appoint two designees to attend team meetings when the
subject under consideration requires additional specialized or technical
information. Regardless of the number of representatives attending Project
Team meetings on behalf of a Party, each Party shall only have one vote on
issues to be decided by vote at such meetings and action on such issues
shall require the approval of ,.~f~ Parties.
2. The Project Team shall meet at least monthly during the planning,
design, construction, and initial implementation phases of the Project.
7
Once the System has been placed into operation, the Project Team shall meet
at least semi-annually to insure that the System is operated and maintained
in accordance with the performance standards established by the Parties.
Special meetings of the Project Team may be called upon at least two days
prior written notice to the members of the Team, at any time that a member
of such Team believes that a meeting is necessary to carry out such Team's
responsibilities.
3. In addition to the Project Team, each Party may designate such
other teams or committees to advise them on specialized matters pertaining
to the Project.
C. Term of Agreement
This agreement shall commence on xxxxxxx xx, 1997 and terminate as
the Parties decide.
Section 7. RESPONSIBILITIES OF THE PA~TIES
Each Party shall engage a consultant and pay the fees incurred for
developing and designing the backbone system and its User Specific Items.
If a party should withdraw from this agreement, causing an impact on the
project, then that party shall be responsible for all costs incurred by the
withdrawal as affecting the other parties. The Cooperative and the Parties
shall have the following individual responsibilities in connection with the
Project:
A. The Cooperative shall=
1. Hold in its name, for the benefit of the Parties, the necessary
FCC licenses for the System radio channels;
2. After a contract with a vendor has been executed, perform the
duties and obligations as may be required of the Cooperative in such
contract;
3. Following completion of the Project, provide for the operation
and maintenance of the Backbone Items.
B. Boca Raton shall:
1. Enter into one or more contracts in writing with qualified
vendors acceptable to all parties, for the purchase and installation of the
user specific items and the radio backbone system;
2. Designate persons from its Police and Fire Departments to serve
on the Project Team and provide such additional support personnel as
required from time to time in order for the Cooperative and Boca Raton to
perform their responsibilities under this Agreement;
3. Use its best efforts to provide the~sites and facilities as
required for the installation at such locations of the Backbone Items and
the City's User Specific Items on or before the dates contained in approved
implementation schedule adopted by the Project Team. Boca Raton shall
advise the Project Coordinator promptly if it has any indication that any
such site or facility will not be available for the intended purpose on the
date required to meet the approved implementation schedule. Boca Raton
shall not be responsible for increases in the cost of the Project, if any,
related to a delay in providing the installation sites and facilities when
required by the approved implementation schedule due to causes beyond its
control. Project Manager shall determine cause of delay as well as
financial responsibility as applicable;
4. Supervise the installation of the System and provide the necessary
accounting for the control and distribution of the cost of the Project; and
upon completion of the installation of the Backbone Items and User Specific
Items by the vendor of such Items, conduct the final acceptance testing
program required to complete the Project, subject to each Party's written
confirmation of the satisfactory completion of the installation of its User
Specific Items prior to "final acceptance" of the System;
5. Enforce any claims for liquidated damages against the vendor and
compromise, settle and/or defend any claims asserted by or against Boca
Raton arising out of the installation of the System;
6. In the event that a vendor defaults under its contract for the
installation of the System, exercise the contractual rights of the Parties
under such contract.
C. Delray Beach and Boynton Beach shall:
1. Subject to the budgetary limitations provided in Section 5
above, promptly reimburse Boca Raton as payments are due from Boca Raton
under the Contract with the selected vendor.
2. Designate a person to serve on the Project Team and provide
such additional support personnel as required from time to time in order
for the Cooperative and Delray Beach and Boynton Beach to perform their
responsibilities under this Agreement and the contract(s) with the selected
vendor(s);
3. Use best efforts to provide the site and facilities at the
10
????? required for the installation of the Backbone Items and the site for
Delray Beach and Boynton Beach's User Specific Items on or before the dates
contained in approved implementation schedule adopted by the Project Team.
Delray Beach and Boynton Beach shall advise the Project Coordinator
promptly if it has any indication that such sites or facilities will not be
available for the intended purpose on the date required to meet the
approved implementation schedule. Delray Beach and Boynton Beach shall not
be responsible for increases in the cost of the Project, if any, related to
its delay in providing the installation sites and facilities when required
by the approved implementation schedule due to causes beyond its control.
Section 8. RELATIONSHIP OF PA/~TIES
Delray Beach, Boynton Beach, and Boca Raton are each independent
agencies and have no authority, express or implied, to bind the other
agency except as expressly provided in this Agreement. Where consent or
approval of a Party is required hereunder, such Party agrees not to
unreasonably withhold or delay the giving of such consent or approval.
Each Party shall share with, and upon written request, submit to the
other Party such data, reports, records, contracts, and other documents
relating to, or required for, the development, operation and maintenance of
the System as any other Party may reasonably require.
Section 9. NOTICES
Any notice permitted or required to be given under the terms of this
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Agreement shall be in writing, addressed to the Party to whom it is
directed, and delivered to it by courier service providing a written record
of the date of delivery or U.S. certified mail, postage prepaid, return
receipt requested, to the address shown below or to such other address as
such Party may from time to time designate by written notice.
Delray Beach: ???????
300 West Atlantic Avenue
Delray Beach
Florida 33444
Boynton Beach: ????????
100 East Boynton Beach Blvd.
Boynton Beach
Florida 33435
Boca Raton: ????????
100 Northwest Boca Raton Blvd.
Boca Raton
Florida 33432
To Cooperative: South Palm Beach County PSC
c/o Boca Raton Police Services
100 Northwest Boca Raton Blvd.
Boca Raton
Florida 33432
Section 10. TORT LIABILITY
To the extent permitted by law, Boca Raton, Delray Beach and Boynton
Beach shall each be responsible for its own negligence. Nothing herein
shall be deemed to waive .any immunities granted pursuant to Section 768.28,
Florida Statutes.
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Section 11. WITHDRAWAL FROM 800 ~Hz/UHF TSR SYSTEM
After the contract(s), pursuant to the provisions of Section 7.B.1.
above has been executed, and installation of the Project has commenced
pursuant to such contract(s), either Party may, upon three hundred sixty
five (365) days advance written notice to the other Parties and the
Cooperative, withdraw from the System if it determines that such withdrawal
would be in its best interest.
A) Promptly following the notice and prior to the expiration of such
three hundred sixty five (365) day period, the withdrawing Party shall:
i) if such withdrawal takes place prior to completion of the Project,
at no cost to the remaining Parties, cause the plans and
specifications for the Project to be revised and make such changes to
the Project as may be required: (1) to delete the withdrawing Party
from the System; and {2) to enable the remaining Party to operate a
"stand alone" 800 M~z/UHF communications system which reasonably
meets such remaining Party's originally stated requirements upon
completion of the revised Project.
ii) If such withdrawal takes place after the System is Operational,
at no cost to the remaining Party, develop the plans and
specifications needed and make such changes to the System as may be
required: (1) to delete the withdrawing Party from such System; and
(2) to enable the remaining Party to continue to operate a "stand
alone" 800 M~z/I/HF communications system which reasonably meets such
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remaining Party's originally stated requirements. In such event, the
withdrawing Party shall not be entitled to any reimbursement or
refund from the remaining Party related to its share of the Project
cost or any cost which it may have incurred in operating or
maintaining the System to the date of such Party's withdrawal.
B) Promptly following notice by a Party that it will withdraw from
the System, each Party shall take the necessary steps to acquire new radio
channel licenses from the FCC according to its own needs. Any expansion
channels which may be added to the System and titled in the name of the
Cooperative upon the withdrawal of a Party shall be credited to the Party
whose expansion needs created the demand for the addition of an expansion
channel.
C) Upon the completion of Items A and B above the Cooperative shall
reorganize and this Agreement shall be amended. Nothing contained herein
shall constitute a waiver of the right of either Party to damages
occasioned by any breach of this Agreement by the other Party.
Section 12. ADDITIONAL AGREE/4~./~fS, AMENDMENT
After the Project is completed and the System is operational, no
additional parties, cooperative agencies, or additional Backbone Items may
be added to or deleted from such System without the written approval of the
Parties and an amendment to this Agreement adding such additional party,
agency or additional Backbone Items.
Section 13. OPERATION AND MAINTENANCE
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The Parties recognize that this Agreement provides for the planning,
acquisition and construction of the Project. Unless the Parties provide to
the contrary in a subsequent amendment to this Agreement, each Party shall
be responsible for (i) 100% of the cost of operating and maintaining its
User Specific Items included in the System, and (ii) its pro rata portion
of the cost of operating and maintaining the Backbone Items included in the
System determined by the proportion that its air time usage of the System
bears to the air time usage of the System by the other Party and any other
authorized users of the System. Payment to the Executive Director of the
Cooperative for the cost of operating and maintaining the Backbone Items
shall be made in equal monthly installments based upon the good faith,
written calculations made by the Project Coordinator of the anticipated air
time usage of the System by the Parties and any other authorized users]
prior to the beginning of each fiscal year. Each user's share of such cost
shall be adjusted at the end of such fiscal year based upon the written
calculation of the actual cost of operating and maintaining the Backbone
Items and the actual calculation of the air time usage of the System by all
authorized users determined from the records of usage generated by the
System. The Parties shall have a right to examine the records used by the
Project Coordinator in making the calculations upon which payment by the
Parties to the Executive Director for maintenance and operating expense of
the Backbone Items will be based. The Executive Director shall insure funds
collected are disbursed to the maintenance vendor.
This Agreement shall not be amended except in writing executed by the
15
Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first above written.
SOUTH PALM BEACH COUNTY PUBLIC SAFETY COOPERATIVE
By:
Executive Director
Print Name:
Title: Executive Direc~Qr
Attest:
Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
...... , 1997, by
Executive Director of the South Palm Beach County Public Safety
Cooperative, on behalf of the City of Delray Beach. He/she is personally
known to me or has produced as identification and
did/did not take an oath.
Name:
Notary Public
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of -
...... , 1997, by
Executive Director of the South Palm Beach County Public Safety
Cooperative, on behalf of the City of Delray Beach. He/she is personally
known to me or has produced as identification and
did/did not take an oath.
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Name:
Notary Public
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoin9 instrument was acknowledged before me this ~ day of -
...... , 1997, by
Executive Director of the South Palm Beach County Public Safety
Cooperative, on behalf of the City of Boynton Beach. He/she is personally
known to me or has produced as identification and
did/did not take an oath.
Name:
Notary Public
Serial Number:
My Commission Expires:
17
CITY OF BOCA RATON, FLORIDA
By:
Attest:
Al=Proved As to Form and Legality
for the use and reliance of the
City of Boca Raton, Florida, only.
M~%T/~ , 1997.
City Attorney
Boca Raton, Florida
STATE OF FLORIDA
COIRqTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
MONTH, 1997, by and Name of
Person, City Clerk who are personally known to me or who has produced a
valid Florida Drivers's License as identification and did/did not take an
oath.
Name:
Notary Public
Serial Number:
My Commission Expires:
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