Agenda Item 4FAGENDA ITEM NO.
DATE:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Radio Services Agreement
DATE: November 14, 2013
SUBMITTED BY: Michael D. Classey, Chief of Police
SRATEGIC PLAN LINK: N/A
BACKGROUND:
AGENDA ITEM # 4F
DECEMBER 9, 2013
The City of Atlantic Beach (CoAB) has been utilizing the City of Jacksonville (COJ)
radio system for many years. These are 800 MHz radios which CoAB owns, but the
radios rely upon the COJ repeaters and infra structure to operate.
The Police Department has the vast majority of the radios which are used for all police
communications. The system has inter- operability with other area law enforcement
agencies as well. Other CoAB departments have some of these radios predominantly for
use during a hurricane or other emergency.
Jacksonville has been charging a per unit monthly fee to all end users of their system for
several years. The current monthly cost per unit is $52.29. This year COJ has requested
Atlantic Beach to sign a Radio Services Agreement which details the specifics of the
services provided and costs for such services.
BUDGET: Approximate city wide annual budget $52,000. These funds have already
been included in the FY 2013 -14 budget.
RECOMMENDATIONS: To authorize the City Manager to sign the Radio Services
Agreement between the City of Atlantic Beach and the City of Jacksonville.
ATTACHMENTS: Radio Services Agreement
REVIEWED BY CITY MANAGER:---
AGENDA ITEM # 4F
DECEMBER 9, 2013
RADIO SERVICES AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH
AND
THE CITY OF JACKSONVILLE
This Agreement is entered into effective October 1, 2013, by and between the CITY OF ATLANTIC
BEACH, a municipal corporation in Duval County, Florida ( "Atlantic Beach "), and the CITY OF
JACKSONVILLE, a municipal corporation in Duval County, Florida ( "Jacksonville ").
Recitals
WHEREAS, Atlantic Beach requires the use of daily communication operations to effectively and efficiently
communicate with its personnel and maintain the security of such personnel; and
WHEREAS, Jacksonville's Information Technology Division permits other local government agencies to
access its P25 Radio System ( "P25 System ") for daily radio communications operations;
NOW, THEREFORE, in consideration of the covenants set forth in this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.
Terms of Agreement
1. Incorporation of Recitals. The parties acknowledge and agree that the recitals set forth above are true
and correct and are incorporated herein by this reference.
2. Obligations of Jacksonville. Jacksonville shall: (i) provide Atlantic Beach with daily, continuous access
to the P25 System for all compatible radio units managed by Atlantic Beach ( "Units "); and (ii) provide reasonable
service, support and installation for all Units according to service standards established in writing by the Parties from
time to time. The current service standards are set forth on Exhibit A attached hereto.
3. Activation Processes. Atlantic Beach will advise Jacksonville in writing (by email or otherwise) anytime
it wishes to activate or deactivate a Unit. Jacksonville shall promptly fulfill such request.
Atlantic Beach shall report to Jacksonville, within fifteen (15) days after the end of each calendar month, the
number of Units it deems to have been active on the P25 System for the past calendar month. A Unit will be deemed
active if it is capable of accessing the P25 System. (not whether it in fact uses the P25 System). Atlantic Beach's
monthly report will be compared to and reconciled against reports generated by Jacksonville showing which Units are
were in fact active on the P25 System during that month. For billing purposes, a Unit will be considered an "Active
Unit" if (i) the Unit is shown as active on the P25 Network at any time during the calendar month, (ii) Atlantic Beach
requested Jacksonville to activate the Unit previous to or during that month, and (iii) for previously active Units,
Jacksonville did not receive a deactivation request prior to the commencement of that month.
4. Monthly Fees.
(a) Commencing October 1, 2013, Atlantic Beach shall pay Jacksonville a fixed monthly fee of $52.29 for the
services set forth in this Agreement.
(b) The fixed monthly fee shall apply to all Units accessing the P25 System. (For informational purposes,
Jacksonville identified 96 Units that were accessing the P25 System on Atlantic Beach's account as of September 1,
2013.)
AGENDA ITEM # 4F
DECEMBER 9, 2013
(c) The fixed monthly fee shall be adjusted on October 1, 2014, and on each anniversary thereafter during the
term of this Agreement, based on the cost allocation formula described in this subsection. The costs fall within five
major categories:
• P25 System Debt — Jacksonville recently upgraded its legacy radio system ( "FCRS ") to a state of the
art Motorola P25 (digital) system. Jacksonville financed $21 million in capital to fund the upgrade.
The estimated debt payback year is 2017 (which could vary +/- one year depending on interest rate
fluctuations). The fixed monthly fees will include the costs of repaying that debt.
• JEA Buyout - Jacksonville's legacy system (FCRS) was originally owned by JEA. Jacksonville paid
$8.5M to JEA to take over the system in 2011/2012. This debt was financed with the last payment due
October 28, 2020. (The final payment date could vary +/ one year depending on interest rate
fluctuations).
• P25 System Expenses — These costs include radio tower equipment maintenance, radio tower leases,
monitoring and related staff expenses.
• City Radio Shop Expenses - These costs include the costs of the Radio Bay operations, staff and
vehicle installations, and upgrade / repair of handheld devices.
• JEA Tower Expenses — Jacksonville pays approximately $261,000 per year to JEA for maintenance
and use of the 40+ JEA towers where the P25 System equipment is placed. This cost will be included
in the cost formula
Jacksonville will allocate these costs to all users of P25 System on an equitable and nondiscriminatory basis
according to the number of Active Units that are pledged for the upcoming year. Some users may incur additional
charges based on special needs or requirements, and those charges will be separately identified; Jacksonville will not
include any profit allowance in its cost formula. Rates will vary from year to year as the expenses and number of
anticipated Active Units will change. Any annual operating deficit or surplus will be accounted for in the rates for the
following year.
For Atlantic Beach's planning purposes, Jacksonville will provide Atlantic Beach with a rough estimate of the
upcoming rates by March 15 of each year Final rates, which will take effect on October 1 of each year, shall be
provided by May 30 of that year.
5. Invoicing and Payment. Prior to receiving payment from Atlantic Beach, Jacksonville shall submit an
invoice to Atlantic Beach specifying the number of Active Units during the payment period and the payment
requested. Atlantic Beach shall certify that the required services have been satisfactorily and timely completed. After
confirmation of satisfactory completion of the deliverables, the invoice shall be submitted for payment. Payment shall
be made by Atlantic Beach in accordance with the Florida Prompt Payment Act.
Units that were active on the P25 System for a partial month will be billed as if they were active for the entire
month (Le., the service fees will not be prorated).
6. Minimum Payment. Atlantic Beach may increase or decrease the number of Active Units as it deems
appropriate: 'However, subject to the provisions in Sections 5 and Therein, Atlantic Beach agrees that the average
monthly payment for services hereunder shall not fall below $1,000 from October 1, 2013 through September 30,
2014. This average monthly payment is required to ensure that the P25 System remains adequately funded as an
ongoing concern. The rates provided in Section 4 of this Agreement are conditioned on Atlantic Beach's agreement to
the minimum payment.
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AGENDA ITEM # 4F
DECEMBER 9, 2013
7. Term; Events of Default; Termination.
(a) Term. The term of this Agreement shall commence on the effective date and shall expire on
September 30, 2014, unless sooner terminated as provided herein. This Agreement may be renewed for three
additional, one year terms, with the written consent of the parties. Any subsequent renewals shall set forth any
revisions to the monthly service fee.
(b) Events of Default. The occurrence of any one or more of the following events prior to the expiration
of this Agreement shall constitute an "Event of Default" hereunder: (i) Failure to pay any sum of money becoming due
under this Agreement, which such default continues for fifteen (15) days after written notice thereof; or (ii) Failure to
perform or observe any material term, covenant or condition of this Agreement, which such default continues for thirty
(30) days after written notice thereof.
(c) Termination Upon Event of Default. Upon the occurrence of an Event of Default, the non - defaulting
party, at its sole and absolute election, may terminate this Agreement and exercise all rights and remedies it may have
at law or in equity.
(d) Termination for Non - Appropriation of Funds. Notwithstanding anything in this Agreement to the
contrary, all obligations of Atlantic Beach herein are conditioned upon: (1) the prior receipt by Atlantic Beach of, and
authorization to expend, such funds from the applicable federal, state or local sources; and (2) the appropriation of
such funds by Atlantic Beach. In the event any of the foregoing prerequisite events do not occur, then this Agreement
shall automatically terminate, and thereafter, both parties shall have no further rights, obligations or liabilities under
this Agreement. Atlantic Beach hereby represents that it has adequate funding and approvals to fulfill its obligations
under this Agreement through September 30, 2014.
S. Notice. All notices to be made pursuant to this Agreement shall be delivered by hand delivery, with proof
delivery, or certified mail, return receipt requested, to the following addresses (or such other address as may be
designated in writing pursuant to this Section 9):
To Atlantic Beach:
With Copy to:
To Jacksonville:
Tom Ossi
Contracts and License Manager
City of Jacksonville
Information Technologies Division
214 N. Hogan Street, 9th Floor
Jacksonville, FL 32202
9. Assignment. This Agreement and the rights and obligations herein may not be assigned, in whole or part,
by either party without the prior written approval of both parties.
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AGENDA ITEM # 4F
DECEMBER 9, 2013
10. Venue; Applicable Law. The parties acknowledge, consent and agree that all legal actions or
proceedings arising out of or related to this Agreement shall be initiated in a state or federal court in Duval County,
Florida` having competent jurisdiction. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Florida.
11. Severability. Except as expressly provided to the contrary herein, each section, part, term or provision of
this Agreement shall be considered severable, and, if for any reason, any section, part, term or provision herein is
determined to be invalid, contrary to or in conflict with any existing or future law, rule or regulation by a court or
governmental agency having competent jurisdiction, such determination shall not impair the operation of or have any
other affect on the remaining sections, parts, terms or provisions of this Agreement, which shall continue to be given
full force and effect and bind the parties, and such invalid sections, parts, terms or provisions shall not be deemed to be
a part of this Agreement.
12. Waiver. No waiver of any term of or obligation pursuant to this Agreement may occur or be enforced
unless it is signed by both parties. The failure or delay by either party in asserting any of its rights or remedies as to
any default hereunder shall not constitute a waiver of such default or any other default or of related rights or remedies.
13. Independent Contractor. The parties acknowledge and agree that Jacksonville shall be acting in the
capacity of an independent contractor and not as an agent, employee, partner, joint venturer, representative or associate
of Atlantic Beach.
14. Headings. The headings and titles to sections herein are for convenience of reference and shall not be
deemed to limit or alter any provision hereof.
15. Counterparts. This Agreement may be executed by facsimile and counterpart signatures, the facsimile
and counterparts which when taken together shall be deemed to constitute one and the same. instrument,
16. NO WARRANTIES. JACKSONVILLE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE_
17. LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANY PROVISION HEREIN TO THE
CONTRARY:
(A) THE PARTIES ACKNOWLEDGE THAT THE P25 SYSTEM, LIKE ANY RADIO NETWORK, IS
SUBJECT TO PERIODIC INTERRUPTIONS, CAPACITY CONSTRAINTS AND COVERAGE LIMITATIONS;
(B) JACKSONVILLE'S TOTAL LIABILITY FOR BREACH OF CONTRACT, NEGLIGENCE OR
ANY OTHER CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE
AMOUNT OF SERVICE FEES DUE JACKSONVILLE FOR THE MONTH(S) IN WHICH THE CLAIM AROSE;
(C) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES; AND
(D) NO PROVISION IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF A
PARTY'S SOVEREIGN IMMUNITY BEYOND THE LIMITED WAIVER 1N SECTION 768.28, FLORIDA
STATUTES.
18. System User Meetings. Jacksonville shall meet with Atlantic Beach at least bi- annually regarding P25
Radio System costs, changes or upgrades and shall provide Atlantic Beach with notice of the same. Jacksonville will
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AGENDA ITEM # 4F
DECEMBER 9, 2013
not make any significant changes or upgrades to the P25 Radio System without obtaining input from Atlantic Beach
and other P25 Radio System users on any such changes or upgrades.
19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements and
understandings, oral or written, between them with respect to such subject matter.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.
ATTEST: CITY OF ATLANTIC BEACH
By: By:
Date: Date:
Form Approved:
By:
ATTEST: CITY OF JACKSONVILLE
By: By:
Date: Date:
Form Approved:
By:
G: \Gov't Operations \MorkaMITD\1325 Agreements\ Atlantic Beach Radio Service Agreement (2013- 14)(Draft).doc
AGENDA ITEM # 4F
DECEMBER 9, 2013
Exhibit A
COJ'S Radio Services and Support
Description
COJ's Radio Services and Support provides consolidated 2 -way radio communications for portable and
mobile radio coverage throughout Duval County and the five (5) neighboring counties through the use of
P25 technology. P25 is a suite of standards for digital radio communications for use by federal, state and
local public safety agencies to enable them to communicate with other agencies and mutual aid response
teams in emergencies. The Radio system consists of a multi channel — multi -site simulcast trunked radio
network supporting approximately 10,000 radio subscriber units. The Radio communication network also
includes a multi -tower site radio location triangulation system.
COJ's Radio Services & Support consists of two core cost areas:
Radio Shop Services & Support Costs
Provide consolidated radio services and support across all participating agencies for communication towers,
radios, microwave, and public safety communication systems. Radio equipment and infrastructure services
include:
o Equipment installation
o Replenishment of accessories including chargers, batteries, earpieces and clips
o Radio subscriber programming and changes
o Equipment swaps including mobile radios
o Electronic repair
o Radio system design & consulting
o Custom vehicle installation
o Coordination with vendors regarding warranty & non - warranty repairs
o Special Events communication support
o Police car camera and radio installations
P25 Radio System Maintenance & Support Costs
Be the leading agency for the State of Florida lnteroperability Communication Committee for Region 3. This
project is a statewide effort to provide a seamless communications network for all State, local and municipal
agencies. It includes the strategic vision to build infrastructure capacity to accommodate counties and
municipalities that can leverage the existing systems. The communication system is a very high frequency,
based on P25 technology and digital network with a backhaul consisting of a microwave and fiber. Provide
support of the following items:
o P25 radio network
o Infrastructure repairs
o Tower and tower sites
o Software upgrades
o Server Hardware refresh
o Consoles attached to the COJ's P25 radio network (24x7 support and repair)
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AGENDA ITEM # 4F
DECEMBER 9, 2013
How to Obtain Services
Contact 904 - 255 -1818 or email ITDServiceDesk@coi.net
Coverage Hours
Drive Up Bay Hours 8:00 AM — 5:00 PM
Business Support Hours: 24 x 7
ITD has employees on call providing services within one hour response on Holidays, Weekends and After-
Hou rs.
FAQ
How do you track your work orders? All radio service request tickets are tracked in ITD's CA System.
How do you manage your assets? All radio equipment assets are managed by COJ's asset management
system called Maximo.
What type of radios do you repair? Portable Radios - hand held and Mobile Radios —in vehicles.
Where do you repair the radios? We ensure radios that are broken are repaired in house and when
required are sent out for repair.
Do you have spare radios for your customers? Jacksonville Radio Shop has inventory for P25 radio
replacements for customers provided a replacement is on hand. Some of our customers JFRD, JSO,
School Board and JEA have their own replacement radios stored at the radio shop and are given a
replacement radio when a broken unit is being repaired.
Do you provide training on radios? Customers are given one -on -one training for those who require it.
Do the P25 Radios have warranty and if so how long and what does it cover? Yes, the warranties on radios
are two years from date of purchase and cover everything except physical damage by the customer.
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