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R98-035RESOLUTION NO. R9E~-,.,~,~ A RESOLUTI©N OF THE CITY COMMISSION OF THE ' CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND OMNICOM, INC., PROVIDING FOR PROFESSIONAL SERVICES TO CONDUCT A JOINT RADIO COMMUNICATION AND INFORMATION STUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has previously-entered into an Interlocal Agreement with the City of Boca Raton and the City of Delray Beach to establish the administrative agency known as the South Palm Beach County Public Safety Communications Cooperative for the purpose of sharing in the cost, maintenance and operation of a backbone Communications system; and WHEREAS, the City Commission of the City of Boynton Beach has found it desirable to enter into an agreement for professional services with OMNICOM, Inc. for the purpose of Conducting a comprehensive study of the need for and design of a backbone radio communications system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and OMNICOM, Inc. providing for professional services to conduct a joint radio communication and information study, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon NICOM Engineering Technical Services Contract ri-City =Trunked Voice Radio System (Phase II) for BOynton Beach, Delray Beach And Boca Raton February 10, 1998 Direct Engineering Expenses Hours Rate Subtotal Project Manager '131 $ 47.00 $ .6,157.00 Principal ProjeCt Engineer 131 $ 45.00 $ 5,895.00 ~ SeniorEngineer 295 43.00 5 ' 1,247.00~ Communications Engineer $ 40,00: $~- Total 291 $ $ 13,299.00 Overhead $ 22,009.85 and Per Diem Expenses 4 Round Trip Aidine Fares @ 8 Man Days per Diem 8 Days Rental Vehicle @ $ 500.00 $ 2,000.00 $ 105.00 $ 840.~ 75.00 600.00 $ 3,440.00 $ 25,449.85 and Administrative Expenses Expenses $ 4,835.47 $ 30,285.32 $ 30,285.32 perating Margin $ 3,179.96 $ 33,465.27 $ 33,465.27 G :\\Boca\Boynton\Excel\980210_Boynton_Phase II OMNICOM Engine,ering Technical:Services ContraCt 800 MHz Tri-City Trunked Radio System (Phase I!) Boynton Beach, Delray Beach And Boca Raton nagement and Site SUrveys* " im ' ' n * :~yste Venficalto : )ystem Acceptance OMNICOM Engineering Technical Services Contract I'runked, Voice Radio System(Phase I) , Delray Beach An d Boca Raton 0, Direct Engineering Expenses Hours Rate Subtotal Project Manager 46 $ 47.00 $ 2,162.00 Principal Project Engineer 54 $ 46.00 $ 2,430.00 0 - 43.0 $ Senior Engineer ; i Communications Engineer 31 $ 40.00 $ 1,240~00 Total 131 $ $ 5,832.00 Overhead $ 9,651.96 and Per Diem Expenses 3 Round Trip Airline Fares @ 6 Man Days per Diem @ 4 Days Rental Vehicle @ $ 500.00 $ 1,500.00 $ 105.00 $ 630.00 $ 75.00 $ 300.00 $ $ 12,081.96 General and Administrative Expenses 19.00% $ 2,295.57 $ 14,377.53 Miscellaneous Expenses $ 14,377.53 Margin lO.50% $ 1,509.64 $ 15,887.17 $ 15,887:17 G :~\Boca~Boynton~Excel\980210_B°Ynton_Phase I : I1.1 11,2 Design oynton Beach Design Approval FAA, License/Notices 11.6 11.7 11.8 11.9 11.10 ~ynton Beach Procurement Document (Td-City) ApProval 're,Bid Conference* Documents Pro Development/Bids Received Evaluations and Recommendations Selected Vendor Contract Negotiations * Proposal to the City of BOyntO~ Beach for Communications Systems Consulting Services 5.4 Critical Problem Conferences Will be provided on an as-needed basis. Safety/Catastrophe Reports Will be provided on an as-needed basis. Financial Status Reports G. Progress Audits Written reports will be provided on a monthly basis. 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. Project Scheduling Project scheduling is performed with the commercial software ~Microsoft Project." This program cJevelops 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 OMNICOM Engineering Technical Services Contract Hz Tri-City Trunked, Voice Radio System (Phase I) Deiray Beach And Boca Raton FeE 1998 Description 1.1 Project Orientation, Needs Assessment, Agency Interviews, Site Surveys * 32 1.2 51 1.3 ystem Configuration Recommendations * 14 1.4 Long Range Comprehensive Plan (Included as part of Boca's for Tri-Cities) Total G:~\Boca\Boynton~,Excel~980216_Boynton_Phase I OMNICOM Project Team -~ fOr Boynton Beach's Radio Communication & Information System Study Bob Sutphen Project Manager Larry Danello, PE Vice President Assistant PM/ Quality Assurance · System Analysis · Alternatives Development · System Recommendations · System Report · Status Report · Project Tracking · Budgetary Pricing · Bid Evaluations Joe Leikhim Senior Communications Engineer · Trunking · Simuicast · Microwave/Fiber Optics Ivan Guerra Communications Engineer · Coverage Analysis · Microwave Path Analysis OMNlCOM STAFF (AS REQUIRED) Proposal to the City of Boynton Beach for Communications Systems Consulting Services 5.3 Some important features the project team can provide Boynton Beach are: A high leve! of experience with ccmmunicaticns 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. An international professional engineering and consulting firm whose business is land mobile two-way radio communications and computer consulting and engineeHng. Highly skilled engineers and specialists experienced in the survey, analysis, design procurement, and implementation of communications systems. 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 Boynton Beach's Project Director. Strong project management based upon extensive project experience to ensure both the quality and timeliness of each project task. 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 Boynton Beach and OMNICOM. The following reports will be made available to the City of Boynton Beach: Weekly Progress Reports Will be provided throughout the course of the project. Progress Review Meetings OMNICOM will be available for biweekly oral presentations, as necessary. 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 BOynton Beach f°r~Csmmunications Systems Consulting Services 111.4 System Acceptance Once the vendor(si, the City of Boynt~n 3~=ch ~nd CMN[COM are in =greement thai 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 successfui *.est period, OMNICOM will recommend the system be accepted by the City of Boynton Beach. 12 5.0 5.1 PropoSal to the City of Boynton Beach for Communications Systems Consulting Services PROJECT MANAGEMENT ,~e~,.rl,~ ,,ow all required ~=o~,= '~':" ~- Although we identify a specific approach and ~ ~-'~- ~ ' '--"- ,v,, ~ 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 approachJto Sratisfy Boynton Beach's needs.and requirements and the evolving performance-oriented objectives as they are developed in conjunction with Boynton 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 Boynton 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 Boynton 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. Project Team Organization Diagram The Project Team Organization Diagram is presented in Figure 5.1. 13 Proposal to the City of B°yrlt0n Beach'for communications Systems Consulting Services A bid evaluation report that includes bid award recommendations will be provided to '[he C[t'y of Boynton Beach Project Directo¢, the Cor~rnittee, 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. I1.10 Assist in Selected Vendor Contract Negotiations OMNICOM will ensure that Boynton Beach receives the most favorable price consideration for the radio c=mmunications 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 ideatly 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 Boyn~on 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 Boynton Beach in developing the SOW and negotiating the impact on final contract price as a result of changes sot~ght by the City during the process. !1.1 1 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 Boynton 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 Boynton 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: Providing support, documentation project management in the areas of interfacing MDC and Radio systems. 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. I!1.1 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 BOynton 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. !!1.3 System Vedfication As each subsystem is completed, OMNICOM will work with the vendor(s) and the City of Boynton 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 BOynton Beach for resolution. 11 Proposal to the City of Bo s Systems Consulting Services Interoperability Plan for communication with Palm Beach County and the cities within the ~,.~unLy. 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 Boynton Beach Design Approval The City of Boynton Beach will review, and when satisfied, approve the design. OMNICOM will then proceed with the development of the procurement documentation. !1.3 Develop FCC/FAA Ucenses/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 Boynton 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 and MDC systems 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. The specifications will require the vendor to submit a transition plan relative to the training of Communications personnel on the new equipment. The specification will include the capability to communicate in a Public Safety arena with multi-jurisdictions using different systems, frequencies, and protocols. 8 Proposal to. the City of: Boyrlton Beach for Communications Systems Consulting Services The specifications will include the vendor requirements for formal testing and *,cceptance of the r~d!o s,/stsm. Do The specifications will require the vendor to develop a plan for the transition to the new Radio and MDC system. il.5 The City of Boynton Beach Procurement Document Approval and Release OMNICOM will submit the procurement document to the City of Boynton Beach for approval and modifications to the Terms and Conditions section for tailoring to the City of Boynton Beach's requirements. !!.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 Boynton 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 Boynton Beach Project Director for review and approval prior to inclUsion in a specification addendum and notification to bidders. !1.8 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 Boynton 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 Boynton Beach for C.ommunications Systems ConSulting Services A. The Communication systems configuration, the advantages and disadvantages of the configurador~, a~'~d associated pricing information 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 plan for the integration of all new technology purchased within the parameters of project into existing areas of interest A five and ten year plan for upgrade/expansion of all technology that is changed A plan for purchase and transition into Mobile Computer Terminal (MCT) utilizing voice/data media Include the interoperability of radio system with surrounding municipal, county and state agencies A detailed transition plan for the existing laptops/notebook computers and their interfaces with the proposed mainframe computers 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 Boynton Beach for Communications Systems COnsulting Services Phase !1, Design Phase: Detailed Design, Procurement Specifications, Vendor Bid Evaluations, Negotiations and Contract Award In Phase !1, 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 the radio communications and MDC subsystems. 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 Boynton 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: Radio wave propagation predictions will be included for portable radios operating outside and inside light, medium, and dense buildings and for mobile radios. 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 Boynton':Beach for Communications Systems Consulting Services Go L~ 1.2 Survey other point-to-point faCillti~ ~SUCh as Wireline facilities and fiber optic facilities Obtain the inventory of all existing radio equipment to identify quantities and types of radios Review the-land mobile radio communications system configurations and obtain any available system coverage data Obtain existing standard operating procedures, long-range plans, impact studies, land use plans, demographic studies and population growth data Observe calltaking and dispatching operations 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 Obtain reports and specifications developed for the radio system. 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. Verify and analyze site survey and needs assessment activities ,'.o compile the overall system requirements Analyze radio frequency channel loading of the radio communications systems to define and recommend both present and future radio channel requirements Analyze radio' frequency channel usage by fUdction Proposal to the City of Boynton Beach for Communications Systems Consulting Services D. Analyze all remote fixed radio sites to identify both minor and major deficiencies and problems Fe Le Me Ne Oe Analyze radio command and control console configuration and criteria Analyze any existing microwave svstem and channel capacity for use with Boynton Beadh system Evaluate microwave system relative to potential purchase by Personal Communication System and advise city of options Analyze any existing microwave system and channel capacity for potential purchase by PCS provider Analyze point-to-point facilities such as wireline facilities and fiber optic facilities Analyze ail standard operating procedures, long-range plans, impact studies, I~opulation growth trends and demographic studies to predict future traffic growth Evaluation and Comparison of maintenance costs for current and proposed systems Evaluate enc~ption of voice media, data media, and/or voice and data media on selected frequencies and/or groups Make recommendation relative to administrative and emergency telephone equipment in Communications Center Evaluate the requirements to integrate radio, voice and data Evaluate diagnostics and maintenance feasibility Vedfy 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 meet with the City's project team to discuss the following: personnel will 5 Proposal to the City of Boynton Beach fora COmmunications Systems Consulting Services 4.2 Phase III, Construction Phase: SYstem Implementation Management, Verification and Acceptance (Separate Option) Task III. 1 Task 111.2 Task !11.3 Task 111.4 System Implementation Management System Reviews and Site Surveys System Verification System Acceptance 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 !, the existing Public SafeW 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 Boynton Beach, Boca Raton, and Boynton Beach. The City of Boynton 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 I!. i.1 Contract Execution, Project Orientation, Needs Assessment/Agency Interviews, and Site Surveys The City of Boynton Beach contract agreement ~viil 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 Boynton Beach's ;~roject 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 Boynton 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: 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 Survey existing towers and antenna sites to identify site regarding facilities, towers, equipment, buildings, antenna security, redundancy and emergency power availability configuration placements, 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 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 Survey the existing microwave systems for existing communications system control and obtain the microwave Channel plan 3 ATTACHMENT A Proposal to the City of Boynton Beach for Communications Systems Consulting Services 4.0 4.1 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. 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 I. 1 Task 1.2 Task 1.3 Task Contract Execution Project Orientation Needs Assessment/Agency Interviews Site Surveys Systems Analyses Optimum System Configuration Recommendations Long Range Comprehensive Plan Phase I!, Design Phase: Detailed Design, Procurement Specifications, Vendor Bid Evaluations, Negotiations and Contract Award Task I1.1 Task 11.2 Task !i.3 Task 11.4 Task 11.5 Task 11.6 Task 11.7 Task 11.8 Task !!.9 Task II. 10 Task !1.1 1 Develop Detailed Design The City of Boynton Beach Design Approval Develop FCC/FAA Licenses/Notices Prepare System Procurement Documents The City of Boynton Beach Procurement Document Approval and Release Pre-Bid Conference Revise Procurement Documents System Proposal Development/Bids Received Bid Evaluations and Recommendations Assist in Selected Vendor Contract Negotiations Contract Award Notices to OMNICOM shall be sent to the following address: OMNICOM, INC. 930 THOMASVILLE ROAD, SUITE 200 TALLAHASSEE, FL 32303 ATTN: BOB SUTPHEN 6.11 SEVERABILtTY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 6.12 INTEGRATED AGREEMENT: This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the CLIENT and OMNICOM, and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and OMNICOM. 6.13 CONFLICT OF INTEREST: OMNICOM covenants that it presently has no interest and shall not acquire any interest, either 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 performance of this Agreement, no person having such interest shall be employed by OMNICOM. IN WITNESS WHEREOF the parties hereto made and executed this agreement the date and year first above written. ATTEST: BY: TITLE: WITNESI: OMNICOI BY: ~ Gene A. Buzzi TITLE: President Per Diem: $105.00 Rental Car: $75.00 TOTAL: $180.00 per day Round trip airline fares will be billed to the CLIENT 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. Payment as provided in this section shall be full compensation for work performed and services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. OMNICOM's records and accounts pertaining to the Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payment. Copies shall be made available upon request. 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. 6.3 COMPLIANCE WITH LAWS: OMNICOM shall, in performing the services contemplated by .this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. 6.4 INDEPENDENT CONTRACTOR: OMNICOM and the CLIENT agree that OMNICOM is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither OMNICOM nor an employee of OMNICOM shall be entitled to any benefits accorded the CLIENT's employees by virtue of the services provided under this Agreement. The CLIENT shall not be responsi~ or otherwise deducting federal income tax or social security or for contribul to the state industrial insurance program, the duties of an employer with respect to OMNICOM, or ar ~M. 6.5 COVENANT AGAINST CON ~1~ it has not employed or retained any corn employee working solely for ~OMNICOM, to he. has not paid or employee working solely brokerage fee, gifts, or any other conside ~on con' the award or making of this CLIENT shall have the right to discretion, to deduct from the contract price or con,~ the full amount of such fee, commission, percentag contingent fee. :OM warrants that person, other than a bona fide or secure this contract, and that other :than a bona fide commission, percentage, gent upon or resulting from f this arranty, the or, in its or otherwme recover, age fee, gift, or 6.6 DISCRIMINATION PROHIBITED: OMNICOM, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of emPloyees or procurement of materials or supplies. 6.7 ASSIGNMENT: OMNICOM shall not sublet o.r assign any of the services covered by this Agreement without the express written consent of the CLIENT. 6.8 NON-WAIVER: Waiver by the CLIENT of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 6.9 DISPUTES: Any dispute out of the terms or conditions of this Agreement shall be adjudicated withir the courts of Florida. Further, this Agreement shall be conStrued under Florida Law. 6.10 NOTICES: Notices to the CLIENT shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: OMNICOM agrees to file with the CLIENT a Certificate' of Insurance indicating the extent of coverage and naming the CLIENT as additional insured for the duration of this Agreement. ! .6 Ail documents, drawings, specifications, and other materi~!s produced by OMNICOM in connection with the services rendered under this Agreement shall be the property of the CLIENT, whether the project for which they are made is executed or not. OMNICOM shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with OMNICOM's endeavors. 1.7 OMNICOM shall defend, indemnify, and save harmless, the CLIENT, 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 negligent actions by OMNICOM-or its agents during operations connected with the construction of this Project; or by or in consequence of any negligence (excluding the sole negligence of the CLIENT), in connection with the same; or by or on account of any use of any improper material or 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 CLIENT, its officers, agents, and employees, ragainst 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 CLIENT 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 CLIENT 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 CLIENT for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate OMNICOM to defend at its own expense or to provide for such defense, at the CLIENT's option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CLIENT which may result from the negligent operations and activities under this Agreement whether the negligent operations be performed by OMNICOM, its subcontractor, or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees includin9 attorney's fees and costs at trial and appellate level. 2.0 BASIC SERVICES PROVIDED BY OMNICOM: OMNICOM agrees to furnish the services delineated in Attachment A hereto titled, "Communications Engineering and Consulting Services." 3.0 ADDITIONAL SERVICES PROVIDED BY OMNICOM: If authorized in writing by the CLIENT, the CLIENT 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 Proviae to OMNICOM information' as required on a timely basis. 4.2 Appoint a representative(s)as ,reqUired to co:Ordinate 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 hour~s 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 $78,207.80. 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 - $15,887.17 Phase II - 33,465.27 Phase III - 1'9,571.51 Total 68,923.95 OMNICOM agrees th~ the CLIENT may cancel the project immediately after any phase, or upon 30 days written notice as provided in Paragraph 1.4. 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: OMNICOM, Inc. COMMUNICATIONS ENGINEERING February 1 1, 1998 Hugh McCaffrey City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Dear Mr. McCaffrey: Enclosed is the modified agreement between the City of Boynton Beach and OMNICOM, Inc. All modifications requested by the City have been incorporated, and Attachment A has been modified to reflect the deletion of the mobile data system. Please call me or Bob Sutphen if you have any questions. President GAB~ms Enclosure File: G:\BOCA\BOYNTON BEACH~ETTERS\HM80211 .DOC 9;30 THOMASVILLE ROAD · SUITE 200 · TALLAHASSEE, FLORIDA 3230-'=1 · PHONE: (904) E~24-4451 AGREEMENT BETWEEN OMNICOM, INC. AND THE CITY OF BOYNTON BEACH THIS AGREEMENT, dated this _-~.,¢ day of ~~~¢-, !99.~., by _*nd between OMNICOM, INC., a Florida Corporation (hereafter OMNICOM) and the City of Boynton Beach (hereafter CLIENT). WlTNESSETH 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 by July 1, 2000, unless an extension of such time is granted in writing by the CLIENT. 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 CLIENT 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 Products - Comp. OPS Aggregate Products & Advertising Injury Each Occurrence Workers Comp & Employer's Liability Automotive Liability Professional Liability $2,000,000 $2,000,000 $1,000,000 $1,000;000 $100,000 each accident $ 500,000/500,000/500,000 ~ 1,000,000 OMNICOM Engineering Technical Services Contract 800 MHz Tri-City Trunked Radio System (Phase III) for Boynton Beach, Delray Beach And Boca Raton November 15. 1996 Direct Engineering Expenses Hours Rate Subtotal ~ Project Manager 65 $ 47.00 $ 3,055.00 ~ Principal Pr°ject Engineer 655 45.005 2 92~'~l Senior Engineer 36 $ 43.00 $ 1,54 .... Communications Engineer 5 40.00 $ ~ Total 166 $ 7;528.00$ 7,528.00 Overhead 65.50% $ 4,930.84 $ 12,458.84 and Per Diem Expenses 2 Round Trip Airline Fares @ 10 Man Days per Diem @ 5 Days Rental Vehicle $ 500.00$ 1,000.00 $ 105.00$ 1,050.00 5 75.00 $ 375.00 2,425.00 $ 14,883.84 Expenses 2,827.93 $ 17,711.77 Expenses $ 17,711.77 in 10.50% $ 1,859.74 $ 19,571.51 $ 19,571.51 G:\\Boca\Boynton\Excel\980210_Boynton_ Phase III passage. PASSED AND ADOPTED this /'~' day of February, 1998. CITY OF BOYNTON BEACH,-FLORIDA Vice/i~ayor C"~mmis,C'oner_,,/ /,~ ../ 2 ~'~mmissionor ATTEST: ommlssloner Ci{~ Clerk - - Omnicom