Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
A. MOTION TO DISCUSS communication from the City of Hollywood indicating the City no longer objects to utilization of the West Lake Park site for the 16th and final tower site for the County’s P25 public safety radio communication system (“P25 System”), and to provide direction and authorization to the County Administrator and the Office of the County Attorney regarding related financial and contract issues.
(Item Numbers 39 and 40 were heard concurrently and voted on separately.)
ACTION: (T-2:51 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
B. MOTION TO AUTHORIZE County Administrator to negotiate and execute amendments and change orders to the Broward County P25 System and Services Master Agreement with Motorola Solutions, Inc., dated May 23, 2017, to complete the P25 System on a 16-site basis, including to modify acceptance criteria, testing procedures, and payment milestones to accept the current 15-site solution for the P25 System subject to certain conditions, to provide for subsequent testing, approval, and payment in connection with the 16-site solution, to modify the scope of services and payment obligations regarding the additional requirements at the West Lake Park site, and to negotiate the amounts due from the vendor for liquidated damages, subject to review by the Office of the County Attorney as to legal sufficiency; and to take any necessary budgetary and administrative actions to effectuate same.
(Item Numbers 39 and 40 were heard concurrently and voted on separately.)
ACTION: (T-2:51 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
C. MOTION TO AUTHORIZE County Administrator to negotiate and execute any agreements, amendments, change orders, or work authorizations necessary to complete the 16-site P25 System, including any necessary work at West Lake Park, with vendors other than Motorola Solutions, Inc., to the extent negotiations pursuant to Motion B are unsuccessful, subject to review by the Office of the County Attorney as to legal sufficiency; to waive application of the Broward County Procurement Code to permit any required procurements, provided that they include as much competition as the County Administrator determines prudent in light of the expedited timeline, subject to any applicable legal requirements; and to take any necessary budgetary and administrative actions to effectuate same.
(Item Numbers 39 and 40 were heard concurrently and voted on separately.)
ACTION: (T-2:51 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
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Why Action is Necessary
Necessary to permit Board discussion, provide required direction, and authorize various required actions.
What Action Accomplishes
Permits Board discussion as stated above, provides required direction, and authorizes various actions.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
Due to a prolonged dispute with the City of Hollywood, the P25 System currently operates based on 15 sites. The City of Hollywood has now expressed its willingness to accept a 16th tower site at West Lake Park. Please see the February 4, 2021, letter from the City Manager (Exhibit 1), and the March 23, 2021, e-mail from the City Mayor (Exhibit 2). The City of Hollywood has conditionally approved the building permit for the West Lake Park site.
MOTION A: This item permits discussion of the City of Hollywood communications and allows the Board to provide direction and authorization regarding West Lake Park as the 16th and final site for the P25 System.
MOTION B: This item, if approved, would permit the County Administrator to negotiate and execute change orders and amendments to the agreement with the P25 System contractor, Motorola Solutions, Inc. (“Motorola Solutions”), for the completion of a 16-site solution, including to address the West Lake Park site and certain other outstanding items. The current agreement provides for liquidated damages if certain deadlines are not met, and the County’s most recent calculation of such damages exceeds the contractual maximum amount of $3.5 million. Motorola Solutions’ quotation for the additional work required for the 16-site solution is $3,857,478 (Exhibit 3). This item would also permit inclusion of certain additional or outstanding work in the negotiated amendment, including certain work on the Channel 2 tower, decommissioning of legacy equipment, additional training, and other work deemed necessary for the completion and implementation of the P25 System on a 16-site basis.
MOTION C: This item would authorize the County Administrator to procure any or all of the additional work necessary for the 16-site implementation of the P25 System, as described in Motion B, from vendors other than Motorola Solutions, if the County and Motorola Solutions are unable to negotiate an acceptable amendment to the current agreement and any required related agreements.
An additional agenda item is scheduled to be presented to the Board on May 18, 2021, to authorize certain actions in connection with a property exchange with the City of Tamarac that would enable placement of emergency public safety communications equipment in West Lake Park (the property exchange is required due to County Charter restrictions on the use of park property).
Source of Additional Information
Deputy County Attorneys Rene D. Harrod and Annika E. Ashton, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Not determined at this time.