97-22274 RESO
RESOLUTION NO.
97-22274
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY AND pRIMECO
PERSONAL COMMUNICATIONS, L.P. RELATING TO THE
RELOCATION AND REPLACEMENT OF MICROWAVE
RADIO TRANSMISSION EQUIPMENT.
WHEREAS, on March 20, 1996, the City Commission adopted Resolution No. 96-2] 9: 6
approving, subject to conditions, an agreement between the City and PrimeCo Person II
Communications, L.P. ("PrimeCo") for the relocation and replacement of the City's public safety 2
Ghz microwave radio system and the waiver of competitive bids for any construction work; and
WHEREAS, on October 23, 1996, the City Commission adopted Resolution No. 96-2:: 1 t 7
approving, subject to conditions, an amendment to the agreement between the City and PrimeO) b Ir
the utilization of leased lines until a permanent system is in place and the substitution of H lrr s
Farinon equipment if the Alcatel equipment fails to pass the requisite tests and an amelldf d
"Completion Date" of November 1,1996; and
WHEREAS, under the amended agreement, the City is to receive an Alcatel 10Ghz disit tl
microwave system that was to be installed and operational by November 1, 1996; and
WHEREAS, on November 1, 1996, Omnicom, the City's consultant, made an inspecticn,,f
the Alcatel microwave system and determined it was operational and supporting all primary ar d
backup 800 Mhz trunking equipment; and
WHEREAS, Omnicom provided a punch list of items to be corrected and recommended t1 e
City conditionally accept the system pending completion of the punch list items; and
WHEREAS, in mid-December 1996, transmission interference occurred which resultE d . n
the City, Omnicom and PrimeCo agreeing to return temporarily to utilizing the leased lines whi e
an investigation took place into the cause; and
WHEREAS, a final determination of the cause has not been concluded other than the Akat ~l
equipment on the path between Fire Station #2 and Tower 41 appears to be not working as speci:ie,l;
and
WHEREAS, the City and Omnicom agree that the Alcatel equipment should be replacei 1 y
the Harris Farinon as permitted in the first amendment and have asked PrimeCo to proceed with t1 e
replacement; and
WHEREAS, delivery, installation and testing of the Harris Farinon equipment will tab up
to three months during which time the City will continue to operate on the leased lines; and
WHEREAS, the City and PrimeCo desire to enter into the second amendment attache j
hereto and incorporated herein providing for, among other matters, the installation of the Harr s
Farinon equipment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CrT {
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that:
I. The Mayor and City Clerk are authorized to execute the second amendment, attached heret J
and incorporated herein, to the agreement between the City and PrimeCo Pers )n; II
Communications, L.P. relating to the relocation and replacement of microwave equiprren~.
2. This resolution shall take effect immediately upon adoption.
PASSED and ADOPTED this 5th day of February ,
2;~
Attest:
Koka- p~
Robert Parcher, City Clerk
JGP:MDB:CLG
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~~ ~-~
:ITY OF MIAMI
BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lttP:\\I:i.miami-beach. fl. us
-
COMMISSION MEMORANDUM NO. & ~ -<)'1
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: February 5, l'1)9~
FROM:
:~
I
A RESOLUTION AUTijPRIZING A SECOND AMENDMENT TO THE AGREEMENl
WITH PRIMECO PERS(')NAL COMMUNICATIONS, L.P., FOR THE RELOCATION A ~D
REPLACEMENT OF MICROWAVE RADIO TRANSMISSION EQUIPMENT.
Jose Garcia-Pedrosa
City Manager
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On March 20, 1996, the City Commission adopted Resolution No. 96-21926 which approved an agreement betw ~en
the City and PrimeCo for, among other things, the relocation and replacement of the City's public safety 2Ghz
microwave radio system. A fIrst amendment to the agreement was adopted by the City Commission on October 23,
1996 by Resolution No. 96-22167.
The Resolution for the fIrst amendment advised the City Commission that technical problems with the Alcatel equipm ent
had caused delays in the project and that PrimeCo requested permission to utilize leased circuits (T -1 lines) temporal ily
while the equipment problems were solved. The "Completion Date" for the microwave system to become operational
was changed to November 1, 1996. In addition, it permitted the replacement of the Alcatel equipment with HaTis
Farinon equipment if Alcatel failed to perform as specifIed.
On November 1,1996, Omnicom, the City's consultant, inspected the Alcatel microwave system and determined it \Vas
operational and supporting all primary and backup 800 Mhz trunking equipment. Omnicom provided a punch lis1 of
items to be corrected and recommended the City conditionally accept the system pending completion of these itelns.
Copies of the correspondence is attached.
The City had been operating on this equipment for several weeks prior to this date as fme-tuning of the system occurred.
From November 1 st until mid-December 1996, the Alcatel equipment operated smoothly with no signifIcant problems.
At that time, transmission interference occurred similar to previous instances prior to November 1st. After discuss ng
all options, the City, Omnicom and PrimeCo agreed to return to the leased lines on a temporary basis while an
investigation took place into the cause. No defmitive conclusion as to the cause could be determined even though the
Alcatel equipment on the path between Fire Station #2 and Tower 41 appears to be not working as specifIed.
The City and Omnicom agree that the Alcatel equipment should be replaced by the Harris Farinon as permitted in the
fIrst amendment and have asked PrimeCo to proceed with the replacement. The delivery, installation and testing of the
Harris Farinon equipment will take up to three months during which time the City will continue to operate on the lea:;ed
lines.
CONTINUED
AGENDA ITEM
Q~B
') --- g"""
0.(--.':)- I
DATE
PrirneCo Personal Communications, L.P.
February 5, 1997
Page 2
AMENDMENT
A second amendment to the agreement is attached hereto and incorporated herein, as Attachment A, Highlights 0 f tl e
amendment are as follows:
1. Acknowledges the Alcatel system was operational by the November I, 1996 date.
2. "Completion Date" is amended to May I, 1997.
3. PrimeCo will reimburse the City for all expenses incurred by the City to facilitate the installation of the Harr s
Farinon equipment.
4. In the event that PrimeCo has not met all its obligations by August 1, 1997, PrimeCo would be requin'd t)
restore the City's 2Ghz microwave system, at its expense.
5. All other conditions of the fIrst amendment remain the same.
The second amendment to the agreement has been reviewed by Omnicom, the City Attorney's office, and the City i
external legal counsel, Robert Gurss with the law fIrm of Wilkes, Artis, Hedrick & Lane.
CONCLUSION
Based on continued technical difficulties with the Alcatel microwave system, it is recommended that the Resolution b ~
adopted.
"
JGP:MDB:CLG Hfl,J;)-
SECOND AMENDMENT
This second amendment (the "Second Amendment") is entered into as of the ~ d,y llf
February 1997, by and between PRIMECO PERSONAL COMMUNICATIONS, L.P., a
Delaware limited partnership with offices at 777 Yamato Road, Suite 600, Boca Raton, Flc,ri( a
33431 ("PrimeCo") and the CITY OF MIAMI BEACH, FLORIDA, a Florida municip 11
corporation with principal offices at City Hall, 1700 Convention Center Drive, Miami Beach, Flelrie a
33139 ("OFM Licensee").
WHEREAS the parties have negotiated an agreement (the "Agreement") for the relocctic n
and replacement of certain Microwave Facilities of OFM Licensee; and
WHEREAS the parties have negotiated a first amendment (the "First Amendment") tel tl e
Agreement; and
WHEREAS the circumstances having changed, the parties desire to modify the Agreemer t,
as amended.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, and:D Ir
other good and valuable consideration, the receipt and sufficiency of which are he~et y
acknowledged, the parties agree as follows:
1. All capitalized terms referenced herein retain their definitions set forth in the Agreeme: It
and/or First Amendment.
2. The parties acknowledge that the Microwave Facilities on the Paths set forth on Schedule '\
of the Agreement were relocated to the Alcatel equipment by November I, 1996 as agreed in tl e
First Amendment.
3. The parties acknowledge that due to later technical difficulties with the Alcatel equipmer t,
the Paths have been relocated a second time to temporary leased lines at PRIMECO's expense. 'II e
parties further acknowledge that PRIMECO will acquire and install the Harris Farinon equipneJ It
and upon the completion of testing, to the satisfaction of OFM Licensee, of the permarleHt
Replacement Facilities using Harris Farinon equipment, OFM Licensee's Microwave Facilities en
the leased lines shall be cutover to the Replacement Facilities.
4. The "Completion Date" is hereby extended to May 1, 1997.
5. PRIMECO shall reimburse OFM Licensee for the cost of any modifications or other WOI k
related to the removal of the Alcatel equipment and the installation of the Harris Farinon equipmer t.
6. In the event that PRIMECO's obligations necessary for the Completion Date to occur hm e
not been performed by August 1, 1997, PRIMECO shall relocate OFM Licensee back to its fOlffii:r
or equivalent 2GHz frequencies and shall remain liable to OFM Licensee for reasonable legal ard
consulting expenses incurred by OFM Licensee and for any other expenses as provided in ar d
pursuant to the Agreement, as amended. This provision shall not limit the remedies thatna V
otherwise be available in law or equity to OFM Licensee.
7. The parties acknowledge that all conditions of the Agreement, as amended, remain the s,ml :,
except as modified by this Second Amendment. In the event of any conflict between this See on i
Amendment and the First Amendment and/or the Agreement, this Second Amendment shall contro I.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment t,) l:e
executed by a duly authorized officer as of the day and year first above written.
CITY OF MIAMI BEACH, FLORIDA
PRIME CO PERSONAL
COMMUNICATIONS, L.P.
eymour Gelber
: Mayor
BY: Michael Simkin
TITLE: V.P., General Manager
Kolu-tf ~~
BY: Robert Parcher
TITLE: City Clerk
APPROVED}.S TO
FORM&I.ANGUAGE
&fOREXECU'nON
111M
'l -3 - ~
Dcma