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HomeMy WebLinkAboutReso 2008-1231 RESOLUTION NO. 2008- J ';;2 '?.> I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT IN SUBSTANTIALLY THE SAME FORM WITH AT&T BUSINESS SYSTEMS FOR INSTALLATION AND SUPPORT FOR PHASE 1 OF THE WIRELESS ISLAND PROJECT INCLUDING INSTALLATION OF WIRELESS LAN, WI-FI HOTSPOTS AT THE CITY'S PUBLIC PARKS, AND INSTALLATION OF CORE NETWORK COMPONENTS AT THE DATACENTER, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY-TWO THOUSAND ONE HUNDRED FIFTEEN DOLLARS ($242,115.00), A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a strategy and design development serVIces for wireless broadband telecommunications infrastructure; and WHEREAS, the City issued and advertised Request for Proposals No. 06-05-01 Wireless Island: Solution Strategy and Design for Wireless Broadband Telecommunications Infrastructure, for which International Business Machines ("IBM") was the sole respondent; and WHEREAS, on July 20, 2006 the City Commission awarded Request for Proposals No. 06-05-01 to and entered into an agreement with IBM, via Resolution No. 2006-944, to conduct the Wireless Island Feasibility Study; and WHEREAS, on May 17, 2007 via Resolution No. 2007-1099 the City Commission approved an agreement with IBM to prepare RFP requirements for construction of a wireless island, in an amount not to exceed Seventy-Six Thousand Six Hundred Forty Dollars ($76,640.00); and WHEREAS, City is now in need of a consultant for installation and support for Phase 1 of Wireless Island Project, including installing the Wireless LAN, WI-FI Hotspots at the City's public parks, and installation of core network components at the City's Datacenter; and WHEREAS, staff solicited and received three completed design proposals for Phase I of the Wireless Island Project from IBM, A TC and AT&T Business Systems; and WHEREAS, staff has determined that the proposal from AT&T Business Systems is the most responsive responsible bid; and WHEREAS, the City wishes to enter into an agreement with AT&T Business Systems for these services for Phase 1 of the Wireless Island Project, in substantially the same form as Exhibit "A", attached hereto and made a part hereof, in an amount not to exceed Two Hundred Forty-Two Thousand One Hundred Fifteen Dollars ($242,115.00); and R200S- AT&T Agmt for Wireless Island Hot Spots Page I of2 WHEREAS, Section 62-13G (5) of the City's Code provides that contractual services and products for utilities are exempt from the competitive bidding process. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Approval of Agreement. The City Commission hereby approves the agreement in substantially the same form with AT&T Business Systems for installation and support for Phase 1 of the Wireless Island Project, attached as Exhibit "A", in an amount not to exceed Two Hundred Forty-Two Thousand One Hundred Fifteen Dollars ($242,115.00). Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21 st day of February 2008. ) ,.1) j ~~~ Jane A. Hines, CMC, City Clerk Vote: 4-D,\ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Moved by: Cn~ ~}.\ol I Seconded by: C1~"& ~ t. 2., ,...J V (Yes) M~ lYes) ..lL.. (Yes) ~(Yes) .JL...(Yes) _(No) _(No) _(No) _(No) _(No) R200S- AT&T Agmt for Wireless Island Hot Spots Page 2 of2 " , ,. . . CITY OF SUNNY ISLES BEACH WIRELESS ISLAND NETWORK SERVICES AGREEMENT WITH AT&T BUSINESS SYSTEM FOR COMPLETION OF PHASE 1 OF THE WIRELESS ISLAND CONTRACT NO: C0708-052 THIS SERVICE AGREEMENT ("Agreement") made and entered into this 1 o~ay of ...tnCl-t ch 2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, (the "City") a municipal corporation of the State of Florida (hereinafter referred as to "City"), and AT&T BUSINESS SYSTEMS, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECIT ALS WHEREAS, Contractor has expressed the ability and desire to provide the work for completion of Phase I of the Wireless Island in the City, and has submitted a service proposal as more fully described in Attachment "A", incorporated herein by reference and made a part hereof; and WHEREAS, the City's IT Department obtained three completed design proposals, including all costs for the first five years of the project, from IBM, ATC and AT&T, and has recommended AT&T for this project based on a criteria including maintainability, design solution and overall evaluation; and WHEREAS, the City desires to enter into this Agreement with AT&T in an amount not to exceed Two Hundred Twenty Three Thousand Five Hundred Fifty Dollars and Ninety One Cents ($223,550.91) for completion of Phase 1 of the Wireless Island in the City. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 1.2. SCOPE OF SERVICES. AT&T shall provide to the City, performance of the Scope of Services in connection with Phase 1 the City of Sunny Isles Beach Wireless Island Network, as more fully described in the Contractor's Service Proposal, attached hereto as Attachment "A" and made a part hereof. Attachment "A" specifically includes 1) Scope of Work for Wireless Mesh Implementation; 2) Schedule for the Purchase of Equipment and/or Services; 3) Building Industry Consulting Service (BICS) updated Proposal; 4) City Hall roof antenna pole specifications; and 5) Decorative Black Poles specification. The Scope of Services is to provide product and services to implement and maintain a City Parks Hotspot Wireless Network System for certain wireless network hotspots located in the City Page I of II " (hereinafter referred to as the "Work"). The City's purchase of any Cisco products and related services from AT&T in connection with this Agreement shall be governed by the terms and conditions of the State of Florida Contract Number 250-000-03-01, the most recent version of which was renewed effective January 1, 2008, through July 31, 2008, and which may be amended from time to time. The State of Florida Contract Number 250-000-03-0 I may be accessed by visiting: h Up:/ /dms.m yflorida.comlbusiness opera tions/sta te pu rchasing/vendor informa tion/sta te co ntracts agreements and price lists/state term contracts/it hardware 1.3. TERM. Subject to the provisions relating to the termination of this Agreement, the term of this Agreement shall begin upon the execution of this Agreement and shall end upon the completion of any and all obligations, duties and responsibilities necessary to the successful completion of the Scope of Services assigned to, or undertaken by the Contractor, including all labor, materials, equipment and other incidentals, and the furnishing thereof, and may be extended as necessary, in writing by the parties hereto. The estimated start date for the Scope of Services is March 1, 2008, and the estimated end date is July 1,2008. 1.4. COMPENSATION. Payment to Contractor for all installation and support for Phase 1 of the Wireless Island in the City shall not exceed Two Hundred Twenty Three Thousand Five Hundred Fifty Dollars and Ninety One Cents ($223,550.91). City shall pay Contractor only for work actually performed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 1.5. A V AILABILITY OF FUNDS. The City's performance and obligation to pay the Contractor for work performed under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 1.6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 1.7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related work to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. Page 2 of II " 1.8. AGREEMENT TO DEFEND. INDEMNIFY AND HOLD HARMLESS. Contractor agrees to defend, indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of work pursuant to this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. Contractor shall, at its own sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the minimum insurance coverage amounts set forth in Section 1.9 below, to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or employees. Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage amounts set forth in Section 1.9 below, and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 1.9. INSURANCE REQUIREMENTS. Contractor shall provide and maintain in force until all the work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth: 1.9.1. Worker's Compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub-Contractors maintain appropriate levels of worker's compensation Insurance 1.9.2. Comprehensive General Liability with minimum limits of Five Million Dollars (5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Page 3 of II .' . Insurance Services Office, and must include: 1.9.2.1 1.9.2.2 1.9.2.3. 1.9.2.4. 1.9.2.5. 1.9.2.6. Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.9.3. Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1.9.3.1 Owned Vehicles; 19.3.2 Hired and Non-Owned Vehicles; 1.9.3.3 Employers' Non-Ownership. 1.9.4. Before starting the work, the Contractor shall insure that all certificates of insurance required by this document and by the Contract are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materiall y changed until at least thirty (30) days prior written notice has been given to the City Manager by certified mail. The City shall be named as an additional insured on the above-referenced policies. 1.9.5. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub- Contractor(s) to furnish to them with insurance certificates similar to those required by the City in this section. 1.9.6. If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 1.10. RESPONSIBILITY FOR SUBCONSTRACTORS: following responsibilities: The Contractor shall have the 1.10.1. The Contractor will not employ any Sub-Contractor, against whom the City may have Page 4 of II reasonable objection, nor will the Contractor be required to employ any Sub-Contractor who has been accepted by the City, unless the City determines that there is good cause for doing so. 1.10.2. The Contractor shall be fully responsible for all acts and omissions of their Sub-Contractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in this Agreement shall create any contractual relationship between City or Contractor and any Sub- Contractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to payor to see to payment of any persons due any Sub-Contractor or other person or organization, except as may otherwise be required by law. City may furnish to any Sub-Contractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specified work done in accordance with the schedule values. 1.10.3. The divisions and sections of this Agreement or the Contractor's Services Proposal shall not control the Contractor in dividing the work among Sub-Contractors or delineating the work performed by any specific trade. 1.10.4. The Contractor agrees to bind specifically every Sub-Contractor to the applicable terms and conditions of this Agreement, including the Contractor's Services Proposal, for the benefit of the City. 1.10.5. All work performed for the Contractor by a Sub-Contractor shall be pursuant to an appropriate agreement between the Contractor and the Sub-Contractor. 1.10.6. The Contractor shall be responsible for the coordination of the trades, Sub-Contractors and material and men engaged upon their work: 1.10.6.1. The Contractor shall cause appropriate proVISIons to be inserted in all subcontracts relative to the work to bind Sub-Contractors to the Contractor by the terms of this Agreement, and the Contractor's Services Proposal, insofar as applicable to the work of Sub- Contractors, and give the Contractor the same power as regards to terminating any subcontract that the City may exercise over the Contractor under any provisions of this Agreement, and the Contractor's Services Proposal. 1.10.6.2. The City will not undertake to settle any differences between the Contractor and their Sub-Contractors or between Sub-Contractors. 1.10.6.3. If in the opinion of the City, any Sub-Contractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the Contractor if and when directed by the City in writing. 1.11. LAWS AND REGULATIONS: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations in connection with this Agreement. If the Contractor performs any Page 5 of II work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.12. SAFETY AND PROTECTION: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with this Agreement. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1.12.1. All employees and other persons who may be affected thereby; 1.12.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and 1.12.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 1.13. PAYMENT TO CONTRACTOR: The Contractor will submit to the City a payment request filled out and signed by the Contractor covering the work performed and supported by such data as the City may reasonably require. 1.13.1. The City shall have the right to demand and receive from the Contractor, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the work. Likewise, as a condition to receiving any progress payment, the City may require the Contractor to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the progress payment is due, releasing such lien rights those persons, firms or corporations may have for that period. 1.13.2. The Contractor warrants and guarantees that title to all work, materials and equipment covered by an application for payment, whether incorporated into the work or not, will have passed to the City prior to the making of the application for payment, free and clear of all liens, claims, securit y interest and encumbrances (hereinafter referred to as "Liens"); and that no work, materials or equipment covered by an application for payment will have been acquired by the Contractor or by any other person performing the work or furnishing materials and equipment for the work, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 1.13.3. The acceptance by the Contractor of final payment shall be and shall operate as a release to the City and a waiver of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the work and for every act and neglect of the City and others relating to or arising out of this work. Page 6 of II 1.14. TERMINATION. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the work then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Work satisfactorily performed prior to the date of termination. The City may also terminate this Agreement based on Contractor's failure to perform the scope of services by the estimated end date of July 1, 2008, provided such delay is not caused by any government agencies, labor disputes, fire, unavoidable casualties, or unforeseen conditions. In the event of such termination, the City reserves the right to hire another contractor to complete the work not performed and/or unsatisfactorily performed by Contractor, and to hold Contractor responsible for payment of such services rendered. The Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. The City may, for its convenience and without cause terminate the work then remaining to be performed at any time by giving Contractor seven (7) days written notice. In such case, the Contractor shall be paid for all work executed and accepted by the city as of the date of the termination. No payment shall be made for work which has not been performed. The City also reserves the right to terminate the remammg work to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. Under no circumstances will the Contractor be entitled to the recovery of any consequential damages or lost profits against the City. 1.15. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. Page 7 of II " . 1.16. Uncontrollable Circumstances (Force Maieure) The City and the Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including: fire; flood; explosion; strikes or other labor disputes; act of God or public emergency; war; riot; civil commotion; malicious damage; act or omission of any governmental authority; delay or failure of shortage of any type of transportation; equipment; service from a public utility needed for their performance; provided that: 1. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 3. No obligations of either party that arose before the Force Majeure causmg the excuse of performance are excused as a result of the Force Majeure; and 4. The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of thirty (30) days, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of this Agreement shall be extended by a period equal to that during which either party's performance is suspended this Section. 1.17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 1.18. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: Page 8 of I ] . ' If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Sunny Isles Beach, FL 33160 18070 Collins A venue Ph: (305) 792-1701 Sunny Isles Beach, FL 33160 Ph: (305) 792-1702 If to the Contractor: Oreste Salucci AT&T Business Systems Technical Solutions Consultant 7300 NW 19th Street Suite 700 Miami, FL 33126 Ph: (305) 569-7288 1.19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 1.20. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 1.21. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff: termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 1.22. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 9 of 11 " . The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Work. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 1.23. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 1.24. SEVERABILITY: If any provision of this Agreement or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.25. ENTIRE AGREEMENT. This Agreement, together with the Contractor's Statement of Work, attached hereto as Attachment "A" and made a part hereof, contain the entire agreement between the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. AT &T BUSINESS SYSTEMS BY L- ~~11~ Ev~/Smith, Customer Contracts Specialist ~M Signat re &?trrv J) C,ktir... Print Nathe Page 10 of II " . CITY OF SUNNY ISLES BEACH ATTEST: Jane A. Hines, CMC, City Clerk .--' B~~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~~ AA.A..A..~ ""Hans Ottinot, City Attorney Page I I of ] ] Attachment "A" ~ at&t Scope of Work for Wireless Mesh Implementation Supplement Sales Service AT&T Project AT&T MSA No. Date Order Manager Sales Team 250-000-03-1 03/12/08 Ivette Aedo Oreste Salucci Introduction and Intent This Scope of Work ("SOW") is agreed to under the Master Agreement Number 250-000-03-1 between BellSouth Communication Systems, LLC d/b/a AT&T Communication Systems Southeast ("AT&T") , with corporate offices at 1936 Blue Hills Drive, Roanoke, Virginia 24012, a Georgia limited liability company and City of Sunny Isles Beach ("Customer") located at 18070 Collins Avenue, Miami, FL 33160. Except as specifically stated below, all terms and conditions of the Master Agreement remain in full force and effect. This SOW defines the Services and Deliverables that AT&T shall provide to the Customer under the terms of the Master Agreement. The terms of this SOW are limited to the scope of this SOW and shall not be applicable to any other work. A T& T will deliver to the Customer the Equipment and Services detailed at the cost set forth in Quote CPE #321214673 & separate BICS proposal dated March 6, 2008 and defined in this SOW. A mutually agreed upon implementation schedule will be developed based on Customer and AT&T resource availability. Proiect Scope The Customer has requested A T& T to install and configure an outdoor data wireless mesh network for seven (7) Public Parks to allow users free and open access to the Internet. The wireless network will support wireless access from laptop PCs and handheld devices equipped with either an IEEE 802.11 b or 802.11 g ("Wi-Fi") wireless interface within pre-defined network coverage areas. The wireless application support requirement is for. AT&T is proposing Cisco 1522AG outdoor mesh Access Points with dual radio 5.8 GHz used for the backhaul and 2.4 GHz for end user access. The wireless network traffic from multiple subscribers and Access Points will aggregate back to an Internet point of presence at the City Hall. The City's internal network is totally isolated from the new wireless mesh network. Newly constructed and city-owned structural assets, such as park light poles and utility poles or other assets will be utilized for Access Point and antenna installation. AT&T has performed a wireless site survey and has designed the wireless mesh network with (12) Cisco outdoor mesh Access Points and (4) external sector antennas; (1) additional Access Point will be configured but not installed and used as a replacement in case of failure. There is no existing outdoor wireless mesh network today. The wireless design includes the following Access Point placement: City Hall = 2, Gilbert Samson Oceanfront Park = 3, Senator Gwen Margolis Park = 1, Town Center Park = 1, Pier Park = 2, Bella Vista Park = 1, Heritage Park = 1 and Golden Shores Community Park = 1. A Cisco Wireless LAN Controller will be configured and installed and an existing Cisco Wireless Control System (WCS) application will be configured to support centralized wireless network management for the new wireless mesh network. The electrical wiring infrastructure required to support this installation will be installed by A T& T's partner Meisner Datacom and coordinated through A T& T. Site Addresses City Hall Gilbert Samson Oceanfront Park Senator Gwen Margolis Park Town Center Park Pier Park Bella Vista Park Heritage Park Golden Shores Community Park 18070 Collins Ave 17425 Collins Avenue 17815 North Bay Road 17200 Collins Avenue 16501 Collins Avenue 500 Sunny Isles Boulevard 19200 Collins Avenue 191 Terrace & Atlantic Blvd Sunny Isles Beach, FL Sunny Isles Beach, FL Sunny Isles Beach, FL Sunny Isles Beach, FL Sunny Isles Beach, FL Sunny Isles Beach, FL Sunny Isles Beach, FL Sunny Isles Beach, FL Scope of Work Created on 03/06/08 Created By: Rita Baas AT&T Proprietary Document Page 1 of 6 Not for disclosure to 3rd parties without prior written permission Initials Date , ' Proiect StaffinQ AT&T acknowledges Customer's desire to have this work implemented on time and on schedule. To ensure effective work coordination and scheduling, AT&T will assign: · Project Manager upon Customer's acceptance of this SOW and Order placement. The AT&T Project Manager will provide a single point of contact to coordinate all AT&T and Meisner Datacom activities to be delivered under the terms of this SOW. Wireless Network Design Engineer. AT&T may replace any of the above personnel at any time by written notice to the Customer. Hardware An itemized bill of materials will be presented along with this SOW (Quote CPE #321214673). Assumptions · Services shall be performed during normal business hours. Normal business hours are defined as Monday - Friday of each week from 8:00am to 5:00pm local time. Work performed before 8:00am or after 5:00pm Monday - Friday and all day Saturday and Sunday is considered after hours with applicable after hours rates. No holiday work will be scheduled under this SOW. · This SOW includes the labor associated with AC outlets/power installation and will be provided by Meisner Datacom. · Any additional work not covered in this SOW will be addressed using the Change Control process detailed in this document. · Customer agrees that A T& T is not responsible for security breaches after Customer has begun active operation of the network. · The RF environment in and around a proposed wireless facility is dynamic in nature. Any changes whether by the Customer or some outside entity may adversely affect the Cisco Wireless implementation at any time. AT&T cannot be held liable for such changes, but can be contracted (at additional cost) to assess these changes onsite and make recommendations for resolution. All Customer data network cabling is Category-5 or higher. · All required cabling is installed, tested and operational prior to network implementation. Wireless LAN equipment operates in an unlicensed Frequency band and can experience unwanted interference from other RF devices. This can result in bandwidth between the wireless terminal and the Access point being decreased or even completely blocked during the time of the interference. · Wireless mesh network is configured for data traffic only. A T& T Responsibilities PROJECT MANAGEMENT Designate a single point of contact for all project support issues within the scope of this project. Such person shall have the authority to act on all A T& T aspects of the Services. The objective of this task is to provide an individual ("AT&T Project Manager") to provide direction and control of AT&T project personnel and to establish a framework for project communications, reporting, procedural and contractual activity. The major sub tasks are: · Coordinate wiring infrastructure and installation services provided by Meisner Datacom. · Maintain project communications through City of Sunny Isles Beach, CSIB Project Manager. · Establish documentation and procedural standards for the development of this project. · Prepare a project plan at the onset of this project for performance of this Statement of Work. The project plan will define tasks, schedule and responsible person(s) or organization for each milestone. Conduct project status meetings. · Prepare and submit monthly Status Reports. · Review and administer Project Change Control with CSIB Project Manager. STAGING Stage and pre-configure the bridges and or access points. SYSTEM CONFIGURATION · Review the site survey/wireless design with the Customer and confirm Access Point placement. Design channel configuration to be configured on Access Points. · Recommend VLAN design for existing switch infrastructure. · Configure Access Points per channel design. · Configure and Install a Cisco Wireless LAN Controller at City Hall. · Configure the Customer's existing Cisco Wireless Control System (WCS) located at City Hall to include management for the new wireless mesh equipment. Scope of Work Created on 03/06/08 Created By: Rita Baas AT&T Proprietary Document Page 2 of 6 Not for disclosure to 3rd parties without prior written permission Initials Date INSTAllATION AT&T's partner Meisner Datacom will provide services and materials as described in the Installation section. The Installation Scope of work is based on documentation provided by the Customer and a site survey conducted by Meisner Datacom, A T& T representatives and the Customer. · All work will be performed in accordance with local codes governing the installation of new wire and cable used for electrical and/or communications purposes. If no local code exists, pertinent sections of the National Electrical Code of 2008 will be observed. . All materials shall be UL listed and approved. . All poles shall be installed with a pre-cast concrete base. · Poles do not include electrical arm and/or light fixture. · Provide wind load certification. (Additional engineering charges may apply if City of Sunny Isles requests wall composition for roof mast install). · Pole manufacturer will not commit to delivery date until firm order has been placed - normally takes four to six weeks. A T& T will place equipment order upon receipt of signed BICS contract. · All pole locations must be identified by AT&T with concurrence from Customer prior to project commencement and pending public underground locator clearance to be performed by Sunshine Locators. Provide and install 120V power outlets feeding antennas and Access Points - excluding outlets located at City Hall roof which will be installed by the City. · Provide all safety traffic cones and barricades as needed. · It is assumed existing conduits at Pier Park are in good working condition. It is assumed that all locations have sufficient power. A T& T assumes there are no abnormal environmental or hazardous conditions on the Customer's premise which would require extraordinary safety and/or regulatory functions, activities, permits or certifications in order for AT&T to perform the required work. A T& T and our installation contractor Meisner Datacom will abide by the City Of Sunny Isles Beach Wireless Island Network Services Agreement with AT&T Business Systems for Completion of Phase 1 of the Wireless Island. City Hall ~ Provide and install one (1) wall mounted 15ft mast and one (1) wall mounted 5ft mast at city hall roof. ~ Install 15 ft mast to side of existing block wall near others for Access Point, utilize existing weatherhead/raceway and electrical circuit at roof. Second Access Point to be located at Southeast corner of roof, electrical circuit shall be installed by Customer to existing outlet located on North side of roof. ~ Install two (2) Access Points. ~ Install two (2) antennas. . Gilbert Samson Oceanfront Park ~ Provide and install one (1) 22' 6" aluminum pole, painted black - per Customer provided document. ~ Install three (3) Access Points, one (1) pole mounted and two (2) wall mounted. ~ Install one (1) Access Point mounted to existing restroom building near beach, power available at vending machine area of building & on rooftop, and a second Access Point located near roadway at northwest corner, pole to be located near fence behind existing flagpole area, trench approximately 30 ft to junction box, assume existing circuit available for use. Senator Gwen MarQolis Park ).> Provide and install one (1) 22' 6" aluminum pole, painted black - per Customer provided document. ~ Pole to be located near center of park, approximately 50 ft trench to existing electrical panel. ~ Install one (1) Access Point. Town Center Park ~ Provide and install one (1) 22' 6" aluminum pole, painted black - per Customer provided document. ).> Pole to be located just east of existing Gazebo structure, trench approximately 30 ft to existing junction box at Gazebo, pull approximately 175-200 ft through existing raceway to electrical panel. ~ Install one (1) Access Point. Pier Park ~ Install two (2) Access Points onto existing city owned electrical poles. ~ One Access Point will be mounted to existing light pole at parking lot entrance, and a second one will be mounted on another existing light pole at utility building near beach entrance, will need to pull additional constant hot circuit through Qty 8 - 10 existing light poles to electrical panel, each pole spaced approximately 40 ft. Scope of Work Created on 03/06/08 Created By: Rita Baas AT&T Proprietary Document Page 3 of 6 Not for disclosure to 3rd parties without prior written permission Initials Date Bella Vista Park ~ Provide and install one (1) 22' 6" aluminum pole, painted black - per Customer provided document. ~ Pole to be located just north of roadway overpass at east edge of parking area, trench approximately. 75 ft to existing electrical panel, landscape materials to be removed by city prior to trenching. ~ Install one (1) Access Point. ~ Install one (1) antenna. HeritaQe Park/Public Works ~ Install one (1) Access Point onto existing city owned light pole located at Public Works parking lot. ~ Utilize existing parking-lot poles, assume need to pull constant hot circuit through existing raceway, shall be a temporary installation for approximately 2 years during construction of new Public Works building. Golden Shores Community Park ~ Provide and install one (1) 22' 6" aluminum pole, painted black - per Customer provided document. ~ Pole to be located at NE corner of park near retaining wall, approximately. 150 ft trench to existing electrical panel. Trenching may encounter roots of hedge line. ~ Install one (1) Access Point. ~ Install one (1) antenna. Exclusions A T& T/Meisner Datacom is not responsible for the following: Replacement and/or removal of any existing defective or unused cable, material or equipment. Integrity of existing building structures. · Lightning protection . Plywood backboards. . Wall penetration sleeves. · Engineering, drawings and or/design fees. Low voltage permit fee. . Active electronics. Accelerated schedule. . Ground restoration. TESTING & ACCEPTANCE · Verify installation and operation of configured Access Points. · Verify wireless data transport and access to the Internet. Verify WLAN controller and WCS functionality to manage and discover new Access Points. Connection: Verify protocol behavior via packet trace during association process between the laptop and the mesh node for each configuration. Signal Coverage: Verify requested signal coverage for each park. · Performance: Verify support throughout the Coverage Area for "best-effort" service with an average net throughput per subscriber of one (1) megabit per second (Mbps) upstream (client device to network) and downstream (network to client device) transmission. TRAINING · AT&T will facilitate 6000 Cisco training credits (approximate value $6,000) for the Customer to apply towards Cisco training courses. · AT&T will provide over-the-shoulder skills transfer during project implementation for up to (2) key Customer IT individuals; this is not formal training. PROJECT DELlVERABLES AT&T will provide the Customer with a report to include: · Locations, types/part number and quantities of the Access Points and antennae installed. IP addresses, MAC addresses and names assigned to the access points. · Usernames, passwords, SNMP community strings, WEP key(s), SSIDs. Scope of Work Created on 03/06/08 Created By: Rita Baas AT&T Proprietary Document Page 4 of 6 Not for disclosure to 3rd parties without prior written permission Initials Date " SCHEDULE Project Plan Milestones with estimated dates: Site Review & Planning: Pre Kickoff Meeting: Equipment Ordering: Equipment Physical Installation Start Date: Equipment Networking Installation Start Date: Acceptance Testing & Debugging: Targeted First day of Operation: February 22, 2008 March 3, 2008 March 17, 2008 April 14, 2008 May 5, 2008 June 2, 2008 July 1, 2008 Final confirmation of project schedule will occur once lead times for Equipment and resources are secured. Any timelines or dates provided within this SOW are best estimates only for purposes of resource planning. Equipment/pole and resource availability or other factors beyond AT&T's control may impact actual project timelines. Customer Responsibilities · Provide current network topology, types of equipment currently in use, IP addressing and subnetting information (including subnet requirements for client roaming), OS platforms (NT, UNIX) and if multicasting is in use. Provide structural and floor layouts for the sites, drawn to scale in hard copy. Customer is responsible for providing wired network connectivity to Internet at City Hall. The Customer, if needed, will provide a man lift or a ladder. If it is not provided, additional costs will be imposed on the Customer. · Provide adequate workspace for AT&T project personnel and equipment as that described on the Equipment Schedule/Order. Provide adequate secured storage areas at the Customer's site for AT&T equipment for the duration of the project. Provide a phone line for the purpose of remote access and support and/or software and firmware downloads. Provide workplace policies, conditions and safety regulations in effect at the Customer's sites. Customer will be responsible for all downtime accrued due to circumstances beyond the control of A T& T. Provide confirmation of any scheduled activity to AT&T a minimum of five (5) business days prior to activity's scheduled start date. Notify AT&T's contact of any schedule changes within ten (10) business days of any scheduled activity. Scheduling changes and/or cancellations made after this ten-day window shall be subject to AT&T's then current cancellation penalty charges. Provide access to all areas and structures necessary for successful completion of this project. · Install and verify the operation of all Customer Premise Equipment not provided by AT&T. · Remove and restore landscape materials, fencing and/or any obstruction where required for Meisner Datacom to safely access work area. · Customer is responsible for all costs associated with permits, easements and / or right-of-ways. AT&T shall assist Customer in securing necessary installation permits associated with this installation. · Customer shall provide a suitable and safe environment for AT&T personnel on Customer premises. Prior to AT&T's commencement of the work proposed hereunder, Customer shall advise AT&T of the presence on Customer's premises of any substance or material that is classified as a hazardous material, hazardous chemical, hazardous substance, pollutant, contaminant, or toxic substance under any federal, state, or local law, regulation or ordinance ('Laws") related to the pollution or protection of air, ground or surface water, soil or other environmental media or occupational health and safety ("Hazardous Substance") or any other environmental or safety hazard. ChanQe Control Process The Change Control Process governs changes to the project scope during the life of the project. The purpose of this process is to standardize and optimize the evaluation, testing, and installation of new features and functionality during the project. The process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the project and will continue throughout the project's duration. Additional procedures and responsibilities may be outlined by the Project Manager, mutually accepted by both AT&T and Customer Project Manager, and included in the baseline project plan. · A Change Request will be the vehicle for communicating any desired changes to the project. It will describe the change, the reason for the change, and the effect the change may have on the project. The AT&T Project Manager will submit a written Change Request along with an itemized bill of materials and associated Professional Services to the Customer Project Manager. · Both A T& T and Customer will review the proposed Change Request, any additional cost incurred (equipment or services) and any change to the project schedule. Both AT&T and Customer must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project's scope, schedule, or price. Scope of Work Created on 03/06/08 Created By: Rita Baas AT&T Proprietary Document Page 5 of 6 Not for disclosure to 3rd parties without prior written permission Initials Date Completion Acceptance of Equipment and Services occurs on acceptance by Customer. Customer has ten (10) working days to schedule the appropriate Customer personnel to review the particular Equipment and Services provided and sign the Equipment and/or Service Deliverable Acknowledgement document. Signing this Acknowledgement signifies Customer's acceptance of the compliance with specifications and contractual requirements of the Equipment and Services. If the Equipment and/or Services do not comply with applicable specifications or contractual requirements, Customer must immediately provide written notification to AT&T describing how the Equipment or Services fail to comply. AT&T shall have ten (10) working days after the receipt of such notice to correct the noncompliance if that noncompliance is within the scope of the project. The time to correct may be extended by mutual consent. On correction of the noncompliance, Customer shall sign the Acknowledgement. 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(/) '- ::l ::l ~ ::l ~ 0 U U Sunny Isles - A TT BICS WIFI pole and electrical work BID 03-13-2008 Rev 3.docSunny Isles - A TT BICS WIFI pole and electrical work BID 03-13-2008 Rev 3.doc ~j at&t ~ BUILDING INDUSTRY CONSULTING SERVICE (BICS) updated PROPOSAL Submitted To: Service Address: Site Contact: Sunny Isles 18070 Collins Avenue, Miami, FL 33160. Customer No. 624311- Proposal Date: March 6, 2008 BICS Manager Florida Telephone Number Fax Number : Todd Stagg, RCDD : (954) 254-2903 : (954) 491-9026 PURSUANT TO MASTER AGREEMENT NO. 250-000-03-1 BellSouth Communication Systems, LLC d/b/a AT&T Communication Systems Southeast ("AT&T"), with corporate offices at 1936 Blue Hills Drive, Roanoke, Virginia 24012, a Georgia limited liability company and City of Sunny Isles Beach ("Customer") located at 18070 Collins Avenue, Miami, FL 33160. Except as specifically stated below, all terms and conditions of the Master Agreement remain in full force and effect. A TT/ BELL SOUTH WILL PROVIDE AND INSTALL THE FOLLOWING: A TT provides this statement of work and quotation for the installation support of the new City Parks Wireless connectivity project.. Items included in the proposal are installation labor and materials. Per the quantities listed in this document, we have put together the proposal listed below for your review and consideration. With all new projects, there may be changes. The quantities detail in this proposal and with any updated prints that you can provide us, will help ensure that all expectations are met and the project is a success. In today's competitive environment, it is very important to select a dedicated and knowledgeable vendor possessing the financial security to meet your current communications and infrastructure demands and more importantly, the ability to provide products, services and assistance as your future requirements dictate. Our factory-trained installation contractors and technicians, support personnel from our local A TT offices, plus our certified BICS consultant / engineers, insures that you receive service and support of the highest caliber. SCOPE of WORK Quote for the Sunny Isles WIFI System Project. Scope of work is based on a site survey conducted by Meisner Datacom, City of Sunny Isles and AT&T representatives and documentation provided by City of Sunny Isles. Scope of Work: 1. Provide and install one (1) 22' 6" aluminum pole, painted black, (per City of Sunny Isles provided document) at each city park listed below. (Electrical arm and light fixture not included). · Golden Shores Park . Margolis Park . T own Center Park . Vista Park · Sampson Park The information contained in this proposal is proprietary to Anand is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from An. Page 1 of 5 Sunny Isles - A TT BICS WIFI pole and electrical work BID 03-13-2008 Rev 3.docSunny Isles - ATT BICS WIFI pole and electrical work BID 03-13-2008 Rev 3.doc 2. Provide and install one (1) wall mounted 15ft mast and one (1) wall mounted 5ft mast at city hall roof. 3. Install two (2) antennas at City Hall roof location and one (1) antenna at Golden Shores Park and One (1) at Bella Vista Park. 4. Install two (2) APs onto existing city owned electrical poles located at Pier Park. 5. Install two (2) wall mounted APs at Sampson Park. 6. Install one (1) AP onto existing city owned light pole located at Public Works parking lot. 7. All poles shall be installed with a precast concrete base. 8. Provide and install 120V power outlets feeding antennas and APs excluding outlets located at city hall roof (to be done by others). 9. City of Sunny Isles is to remove and restore landscape materials, fencing and/or any obstruction where required to safely access work area. 10. All pole locations must be identified by AT&T with concurrence from City of Sunny Isles prior to project commencement and pending public underground locator clearance to be performed by Sunshine Locators. 11. AT&T is to supply all antennas, access points and mounting hardware required for project completion. 12. A TT is to provide all safety traffic cones and barricades were needed. 13. Pricing includes all labor and materials required for project completion. 14. Provide wind load certification. (Additional engineering charges may apply if City of Sunny Isles requests wall composition for roof mast install). 15. It is assumed all locations have sufficient power. 16. Pole manufacturer will not commit to delivery date until firm order has been placed, (normally is four to six weeks). 17. It is assumed existing conduits (Pier Park) are in good working condition. 18. A TT and our installation contractor Meisner Datacom will abide by the City Of Sunny Isles Beach Wireless Island Network Services Agreement with AT&T Business Systems for Completion of Phase 1 of the Wireless Island. Proiect Notes 1) Golden Shores Park: Pole to be located at NE comer of park near retammg wall, approximately. 150 ft trench to existing electrical panel. Trenching may encounter roots of hedge line. 2) Public Works Bldg: Utilize existing parking-lot poles, assume need to pull constant hot circuit through existing raceway, shall be a temp installation for approximately 2 years during construction of new public works bid. 3) Margolis Park: Pole to be located on each side of park near center, approximately. 50 ft trench to existing electrical panel. 4) Town Center Park: Pole to be located just east of existing Gazebo structure, trench approximately 30 ft to existing junction box at Gazebo, pull approximately 175-200 ft through existing raceway to electrical panel. 5) Vista Park: Pole to be located just north of roadway overpass at east edge of parking area, trench approximately. 75 ft to existing electrical panel, landscape materials to be removed by city prior to trenching. The information contained in this proposal is proprietary to A TT and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from A TT. Page 2 of 5 Sunny Isles - A TT SICS WIFI pole and electrical work BID 03-13-2008 Rev 3.docSunny Isles - A TT SICS WIFI pole and electrical work BID 03-13-2008 Rev 3.doc 6) Pier Park: Qty (2) Access Point Devices, One mounted to existing light pole at parking lot entrance, and second one located on another existing light pole at utility building near beach entrance, will need to pull additional constant hot circuit through Qty 8 - 10 existing light poles to electrical panel, each pole spaced approximately 40 ft. 7) Ocean Front Sampson Park: Qty (2) Access Point Devices, One mounted to existing restroom building near beach, power available at vending machine area of building & on rooftop, and second one located near roadway at northwest corner, pole to be located near fence behind existing flagpole area, trench approximately 30 ft to junction box, assume existing circuit available for use. 8) City Hall: Install 15 ft mast to side of existing block wall near others, utilize existing weatherhead/raceway and electrical circuit at roof. Second access point to be located at Southeast corner of roof, electrical circuit shall be installed by others to existing outlet located on North side of roof. Specifications / Testing / Documentation / Provided Services: · This scope of work is based on 8-hour shifts commencing after 7:00 AM, Monday through Friday, excluding holidays observed. · It is assumed that A TT installers and authorized subcontractors will have ready access after notification to all areas necessary to complete scope of work. · Project Manager and Single Point of Contact, (SPOC), shall be assigned during and post implementation until project is completed. · All work will be performed in accordance with local codes governing the installation of new wire and cable used for electrical and/or communications purposes. If no local code exists, pertinent sections of the National Electrical Code of 2008 will be observed. . All materials shall be UL listed and approved. General Contingencies: The following items are not included in this price quote: · Replacement and/or removal of any existing defective or unused cable, material or equipment. . Patch cords of any kind. . A TT demarcation cable. · A TT is not responsible for the integrity of existing building structures. . Lightning protection . Plywood backboards. . Wall penetration sleeves. . Engineering, drawings and or/design fees. . Low voltage permit fee. . Active electronics. . Accelerated schedule. . Ground restoration. The information contained in this proposal is proprietary to A IT and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from A IT. Page 3 of 5 Sunny Isles - A TT BICS WIFI pole and electrical work SID 03-13-2008 Rev 3.docSunny Isles - ATT SICS WIFI pole and electrical work BID 03-13-2008 Rev 3.doc Statement of Warranty: A TT provides a one (1) year warranty of termination cable and hardware. This warranty covers material and workmanship. This warranty does not cover the cost of replacement, either labor or material that result from customer action, cables installed by others, acts of God, fire, theft, vandalism, other vendors performing work on customer premises or third party action. This price is guaranteed for a period of 30 days from the date of this proposal. Thereafter, A TT reserves the right to review and adjust its pricing, if necessary, prior to contract signing or acceptance of your purchase order. General Assumptions: · Client is responsible for all costs associated with permits, easements and / or right-of-ways. This proposal includes estimated costs associated with obtaining permits. AT&T shall assist Client in securing necessary installation permits associated with this installation. · AT&T assumes there are no abnormal environmental or hazardous conditions on the Client's premise which would require extraordinary safety and/or regulatory functions, activities, permits or certifications for AT&T to perform the required work. · Client shall provide a suitable and safe environment for AT&T work at Client's premises. Prior to AT&T's commencement of the work proposed hereunder, Client shall advise AT&T of the presence on Client's premises of any substance or material that is classified as a hazardous material, hazardous chemical, hazardous substance, pollutant, contaminant, or toxic substance under any federal, state, or local law, regulation or ordinance ('Laws") related to the pollution or protection of air, ground or surface water, soil or other environmental media or occupational health and safety ("Hazardous Substance") or any other environmental or safety hazard. The information contained in this proposal is proprietary to A IT and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from A IT. Page 4 of 5 Sunny Isles - A TT BICS WIFI pole and electrical work BID 03-13-2008 Rev 3.docSunny Isles - ATT SICS WIFI pole and electrical work BID 03-13-2008 Rev 3.doc ~j at&t '=" BUILDING INDUSTRY CONSULTING SERVICE (BICS) updated PROPOSAL Submitted To: Sunny Isles Customer No. 624311- 18070 Collins Avenue, Miami, FL 33160 Proposal and Pricing Valid for 30 Days from Proposal Date. We hereby propose to provide and install the above-listed materials in accordance with the above specifications for the sum of: Labor Sum: $ 61,258.40 Material Sum: $ 83.419.20 Total Project Sum: $ 144,677.60 Excluding permit fee and any applicable sales tax. Payment in full is due upon completion of work. Payment will be made as follows: cash Qr lease (circle one) Customer Initials All material is warranted under the Master Agreement to be as specified. All work will be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications will be executed only upon written Change Orders prepared by A TT and signed by Customer showing the cost and time impact of the changes. All work contingent upon strikes, accidents, or any other factors beyond our control. This proposal is subject to acceptance within 60 days and is void thereafter. Signature: Date: Todd E. Stagg, ReDD - A TT ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Customer Name By (Signature) Date: By (Print Name and Title) : The information contained in this proposal is proprietary to A IT and is offered solely for the purpcse of evaluation. It may not be disclosed to third parties without prior written permission from A IT. Page 5 of 5 DESIGN RTS UNITED LIGHTING STANDARDS, INC. 23171 Groesbeck Hwy.' Wallen, MI48089 Tel: 810/774.5850 FAX: 810/774-5708 Pole Shaft Specifications Base Plate Cover The pole shaft is fabricated from a weldable grade, hot rolled commercial quality carbon steel with a guaranteed minimum yield strength of 55,000 psi after fabrication. It is a one-piece or two-piece * * construction with a full- length, longitudinal weld. The pole tapers at a rate of .140 inches per foot. A full base plate cover is supplied. For 20' - 35' poles, the base cover is automotive structural grade ABS plastic with UV inhibi- tor to eliminate color fading. It is rust proof and tamper resistant. For poles 39' - 60', the base cover is made of two-piece formed sheet steel. Round Tapered Steel Poles Catalog Mounting . Effective Projected Area (Sq. Ft.1 Shaft Size Wall Bolt Bolt Base Plate No. H8ight (Ft.) Ga. Circle ("I Size ("I Size BO 90 100 120 Butt (") Top (") (L x W x Htl RTS,20,52 I I 20 12.2 9,B 7.9 5.6 5.2 2.4 11 9.5 .75 x 2B lOx 10 x .75 RTS.20,6511 20 28.6 23.2 18.7 13.0 6.5 3.7 11 10.0 1 x 40 11 x 11 x 1 ATS,25.5911 25 9.4 7.6 6.2 4.4 5,9 2.4 11 9.5 .75 x 28 10xlOx.75 RTS.25,7011 25 22.0 17.B 14.4 10.0 7.0 3.5 11 10.0 1 x 40 11 x 11 x 1 ATS,30,651I 30 8.1 6.6 5.3 3.8 6,5 2.4 11 10.0 1 x 40 11 x 11 xl RTS,30-B011 30 22,1 17.9 14.5 10.0 B.O 3.8 11 lLO 1 x 40 12 x 12 x 1 RTS-35-B511 35 19.3 15,6 12.6 9.0 B.5 16 11 11.5 1 x 40 12 x 12 xl ATS,39,9011 39 179 14,5 ILl 8.2 9.0 3.5 11 12.5 1 x 40 13 x 13 x 1 RTS.39.1011 39 23.3 lB.B 15.2 10.7 10.0 4.7 11 13.5 1 x ,10 14 x 14 x 1 RTS-39,1207 39 63.4 51.3 41.4 29.0 12.0 6.7 7 16.0 1.5 ~ 60 17 x 17 x 1.5 RTS45-1011' . 45 125 10.1 8.2 5.8 10.0 3.9 11 13.5 I x 40 14 x 14 x I RTS45-1207' . 45 40.B 33.0 26.7 IB.B 12,0 5.B 7-11 16.0 1.5 x 60 17 x 17 x 1.5 RTS.50-1O II" 50 9.3 7.6 6.1 4.3 10.0 3.1 11 13.5 I x 40 14 x 14 x 1 RTS50.1207" 50 33.4 27.1 2LB 15.3 12.0 51 7-11 16.0 1.5 x 60 17 x 17 x 1.5 RTS,60, 120 7' . 60 19.2 15_5 12.5 B.8 12.0 5.1 711 16.0 1.5 x 60 17 x 17 x 1.5 . EPA Raungs ""Iude 1 3 gusl faclOI Anchor Bolls should be see using (aciDry sup(J!red anchor bolr temp/ares . . Pores are h\lo.plece 9 Round Tapered Steel Poles 20-60 Ft. . , . 15' 3/4*-10 X 14KLG THRU BOLTS BACKING PLATE 48' NOTE: FINrSH: BRONZE ~ 5K SQUARE X 3/16' THK \oIALL ALUM POLE 1/2KTHK ALUM GUSSET REINFORCED HANDHOLE \011 1/16KTHK COVER 12* C/JZK 8 12K .'. . "4 6K 1K 2 1K 2 do.h I NYlalClnl I oat. ifj SSA/5-15 WALL ...':'... :..."'" ~~.. MOUNTED ne~ HB-08063-1 STREeT LIGHTING [QUIP, CIJlP. "'". _ ..__ II.. ........- ,_ ".-0," r- . " ~ s ~g ~ ~6 ~ ~~ ~ i~ i i! ~ ~~ - I ; ~3; ~ J~ : ! ~ ci ~ I .g ~ ~I . ~~r ~ ~I~ ~ :iisl if~ g!s I~! ; ~:i~~ ~ I!~~, ~M j~g ~ ~ ...~ " I m ~%~ ~~~~:o-~hK il ~ h~~}'~U 1 ~!~ ~~'~. ii!; I ~ f;J3~gS~ ~\ ~~; e.a~1 :.~~ ! a N~ · - Jil illN _J h!o/~f ?r i !.., ~ ~ i . ~ ~,,~~~:l 1 ~ ~ ~ihll ~ ~hld I~! ~I ~~~ I I! u d ~~ i~< ~~ ~!~ ~i ~i~r d~L ~ ~it ~i M ; u-, ~ ,; ~ ~ i ~ ~rl lI~'ii ~;aiii' ~I!~ ~e~ ~ I ~~~Iil ~ 8 ~!i~i lfoi ~ l:c~ ~ ~ j~ II , ~I ~~ y~ '" $ ai!~ :!:d ~ '~~u~Nl~ ~~ (sx]HJ.O JJI <Ill1d41S ~~ ~tUSJO ~~ OZ-.t/I ~ i5 TIClWONfM.SX.t ~::~ I!~~ ("""", .) 01" SOOflNU/lO:> .'lI ij2 lll!~ """'........." g~ i:13 L_ ,~ L.~ 1m I! _~lm ~ t~ ~~~8~ ~~fg~ ~w~~o ~3i~ ~~~~~ Vl':(WS!:2 8fj;!:8Vl ffi-~O::~ ~~~8::l 'i"'wu,! w8wwUl ~...O::tv) . ~~~:~~ ~[~e!~ ::1~o~ow ~t;:~i~ V)I.olLJo:2:~ ~~:t~~g n.wt;a:;-~ ~:;~~~ ffif?~~~~ ::J O(O~~ ~o..S~wt:lo ~~~~~~~ !.I m ~ o 15 ffi ~ '!I ---.J ~ ... 1!J ~lt> ...J ;( l- W Q w <5 ~ c.. l- :z: C) ::; I bm~ I ~f! ~~~I~~ e li~ tliq% ~ l~ ~~ ~i I!~!a~~ I ~; ~e In iil!~~~ ~ !B d ~lii~iI il ~ !:o~ 5..8 la~ ~ :E ~ II -< t a:: ~ I I~ -< D~ C r-L, j ~~ ~ z a: I I ;: I I I I > ~_ -...I _ -J I a:l I ::& , I W I CIl ...J I I I CIl ;( I I c------f------ -" i <l: l- ~ w Q Z C) I j:: ~ ~~ I :r: z I: ! I c.:: '! ii: ~~ :J ~ ~ I ~I i I w I I I ...J L-------f------J 0 ~ if c.. l- ~- ~a ::J: d a C) f~;1 3~~1 ::; ~ U ...J ~ ~~w~ -< ~~Ig ~~~ l- ~!1 o~~~ W u~w ~~ ~ ~i ~~ID~ :E ~~~; City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Cily Commission :'\orman S. Edelcup, Ma)'or I.ewis ,I. Thaler. Vice Ma)'or Roslyn Brezin, Commissioner (;('rry Goodman, Commissioner (;('org(' "Bud" Scholl, Commissioner A. ,Iohn Szerlag. Cil)' Manager Hans Ottino!, City AI/orne)' ,'ane A. !lines, C,,)' Clerk MEMORANDUM TO: The Honorable City Commission Via: FROM: DATE: RE: A. John Szerlag, City Manager OM/{ Douglas Haag, Assistant City Manager-Finance Edel Fonseca, IT Director February 2 L 2008 WIRELESS ISLAND - RECOMMENDATION FOR PHASE t RECOMMENDATION: Approve the attached agreement with AT&T in the amount of $242,115.00 for installation and support for Phase 1 of Wireless Island. Phase I includes installing the Wireless LAN, WI-Fl Hotspots, at seven city parks per the following and installation of core network components at City of Sunny Isles Beach City Hall Datacenter: 1) Samson Park 2) Town Center 3) Pier Park 4) Bella Vista Park: 5) Senator Gwen Margolis Park 6) Public Works/Heritage Park 7) Golden Shores BACKGROUND: The IT Department met with three (3) firms, IBM, ATC. and AT&T, explained the general requirements for Phase 1 and asked each firm to submit a complete design proposal. including all costs for the first three years of the project. The costs submitted were as follows: hnat1Ct.. I krurt1l1l'1l1 Funding ;",;ltla ilk: To be complelecI "... Cill' Clerk'.- Office \ 0 N 2-2-\- 0 <? .\l'.l'lhh [ll'tn 0.(1.. _____ <:IJlll11lJ:':'lllll \kl't\1lg Ibll': CmTr i\kmo .\t1 Wirek" hLlIld Ilo[ :-:/,0[, Page 2 IBM ATC ATT Cost Summary Initial installation Annual 0 & M cost Total cost - 3 years (initial Installation Plus Annual 0 & M) $188,910.00 $45,333.00 $324,910.00 $147,750.00 $38,850,00 264,300.00 $149,172.00 $30,981,00 242,115.00 - Attachment "A": Table of cost matrix of three firms. IBM. ATC and AT&T. - Attachment "S": Map of City of Sunny Isles Seach, WIFI Hotspot Coverage Our recommendation is. to select AT&T for this project for the following reasons: - AT&T is the lowest qualified bidder. - AT&T has completed successfully Project of installation of WIFI Hotspot for Pelican Community Park. - All the installed Cisco Access Points and equipments of WlFl Hotspot project of the Pelican Community Park. by AT&T can be integrated to the rest of Phase I of Wireless Island, SOURCE OF FUNDS: Funds are available in the FY 2007/08 budget in account 20-600-5668. The ongoing operation and maintenance costs of approximately $35.000.00 will have to be budgeted in the General Fund in future years. Page 3 ATTACHMENT "A": Table: Costs Comparison: APIHWISW Installation Cost IBM $188,910.00 $19,833.33 $19,833,33 I $19,833.33 ..-..--...-.-..J'-!!~~~~L~~i~i~~t.~~~~~.~.~:::f.m:.i~~i;~:.~~.=L:::i-~ii~~=L~;:;%;:;;~ _...Iotal !I.rears MaJntenancf!.. $.136,000.00 Total Installation cost plus I :r:. year Maintenance COS!~.J_g~~,2~~_~_ Total Installation cost plus J. I ears Maintenance cost $324 910.00 Vendor Year 1 Year 2 Year 3 ==~==~~~~-+~~i~~+~~~;,s~~};'~1.~~f~:~~qj:$~~:~~9f~ Total $147, 750.$.~!!,!!?g:.QQ_ __!~!!,.!!~Q~gg...J..!~l!!~~9.:00 .. __I~E!..!I.r..ea~_M~!'!.!f!.'!.~!J.~f!._Ll!.J.~,?~g:QQ.. Total Installation cost plus I m._.1st:i!!.C!..r.:.._M.<!!'!.~f!.'!..C!..'!..t?.~~g!!t. I $186,600.00 Total Installation cost plus J. ears Maintenance cos A T ~.I.__.._......__.._...L_!149,1Z:?~~~._.I...J~~~LQ.Q_..j_._~~181,.QQ._. $5,481.00 ----.-.-..-.-t~.t.~~fl~~~~;I'!eci;!~-~~i:i~+=:~~%~~~~~=1-..i;~::;;.~~-.m :~~%~~;~- Total 3 y.!!.ars},,!...ai n~~.'1~'!.t?.~_...~~_~,!!~:J.:.c!P... Total Installation cost plus i __ 1st .r..ear Ma!'!.~f!.'!..C!...'!.Pf!.Ec;?!!.~:..L~18.Q,.J~:J.:,!8 Total Installation cost plus J. I ears Maintenance cost ! $242,115. Page 4 ATTACHMENT "8": Map ofCitv ofSullllv Isles Beach, WIFI Hotspot Coverage Existing WiFi COllnectivity WiFi Phase I City Parks ~ " " J~ '~f' b L 11 I '::J t. Commission approval Priscilla Walker From: Priscilla Walker Sent: Wednesday, February 27,20082:45 PM To: Kamran Sadighi Cc: 'os6891@att.com'; Jane Hines; Fernando Amuchastegui; Edel Fonseca; Debra Lima; Jasmine Barnes Subject: RE: Commission approval of A T& T Wireless Agreement Attachments: 2008-1231 AT&T Wireless Agreement.PDF Attached is a copy of Resolution 2008-1231 per your request. Please ensure the vendor forwards two (2) executed, original agreements and any required insurances and/or bonds to the Office of the City Clerk. We will process the contracts with staff, and mail a fully executed, original to the vendor upon completion. Thank you. Prisci[fa Wa[kgr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax www.sibfl.net Please note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Kamran Sadighi Sent: Wednesday, February 27, 2008 2:21 PM To: Priscilla Walker; Jane Hines Cc: 'os6891@att.com'; Fernando Amuchastegui; Edel Fonseca; Debra Lima; Jasmine Barnes; Kamran Sadighi Subject: FW: Commission approval Priscilla and Jane, Please email me and copy to Mr, Oreste (AT&T) the Commissioner's approval AT&T Reso # 2008-1231 ASAP, in order the AT&T can send us the signed WIFI Project agreement for Commissioners signature. See below AT&T request. Thanks for your prompt action, Kamran From: Salucci, Oreste [mailto:os6891@att.com] Sent: Wednesday, February 27/ 2008 1:20 PM To: Edel Fonseca; Kamran Sadighi Subject: Commission approval Edel and kamran, Could you please email me the confirmation that the funds for the WI-FI projects were approved and appropriate by the City Commission? As soon as I get that I will email you the signed agreement. Thank you verey much, Ores te ------ - - --- - -- - ----- ------ Sent from my BlackBerry Wireless Handheld 2/28/2008