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2011-49 CONTINUING CONTRACT AND AGREEMENT FOR PROFESSIONAL
MUNICIPAL BROADBAND PLANNING SERVICES
THIS AGREEMENT is entered into as of this eiTK day of A GC.S+ 2011, by
and between the CITY OF CLERMONT, FLORIDA, a municipal corpo'fation under the laws of
the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter
referred to as "CITY" and MAGELLAN ADVISORS, LLC, whose address is
1111 LI hear k 1 y' pL gi hereinafter referred to as "CONSULTANT."
WTNESSETH
WHEREAS, the CITY is in need of qualified professional broadband planning services;
WHEREAS, the City of Ormond Beach, Florida has entered into an agreement with
CONSULTANT, and the CITY, in accordance with its purchasing policy, desires to purchase the
subject services in accordance therewith.
WHEREAS, the CONSULTANT has submitted a proposal dated July 10, 2011 to provide said
services and has represented to CITY that it is qualified and desires to perform said services in
accordance with the terms and conditions contained herein, and all applicable law and professional
standards;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM
1.1 This Agreement is to become effective upon execution by both parties, and shall remain
in effect for a two (2) year term, unless terminated as provided for herein. Additionally,
the parties agree that the term may be extended upon mutual agreement for periods of one
(1) year, but such option to extend may only be utilized three (3) times unless authorized
by the City Council for additional extensions.
1.2 The term of any task authorization/work order, as described in Section 2 hereof shall be
as set forth in such task authorization/work order, and all of the terms and conditions of
this Agreement shall survive until completion of all task authorizations /work orders.
2.0 DESCRIPTION OF SERVICES
2.1 It is expressly understood and acknowledged that nothing herein shall obligate or
guarantee to CONSULTANT any agreement or task authorization and CITY expressly
reserves the nght to exercise its option to issue any such agreements to any qualified firm
or entity in accordance with all applicable laws, ordinances, policies and/or regulations.
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2.2 The CITY shall make request of CONSULTANT to professional engineering and related
and other related consulting services on a task basis. The CITY will communicate with
CONSULTANT, verbally or in writing, a general description of the task to be performed.
The CONSULTANT will generate a detailed Scope of Work document, prepare a
Schedule, add a not -to- exceed - budget to accomplish the task, and send the thus
developed "Task Proposal" to the CITY. If a site visit by CONSULTANT is needed to
generate the scope document, CONSULTANT shall request approval prior to visiting the
site. The CITY will review the proposal, and if the description is mutually acceptable,
the parties will enter into a written task authorization substantially in the form attached
hereto and incorporated herein as Exhibit `A ". The Scope of Services generally to be
provided by the CONSULTANT shall be as provided and contemplated by the CITY in
CONSULTANT's July 10, 2011 proposal attached hereto and incorporated herein as
Exhibit "C ".
CONSULTANT shall not be authorized to proceed until the CITY has issued a Notice to
Proceed to the CONSULTANT. Upon receipt of the signed Task Authorization and a
Notice to Proceed from the CITY, the CONSULTANT shall perform the services set
forth in the task authorization/work order.
2.3 CONSULTANT shall provide CITY'S designated project manager with monthly time
sheets or labor cost statements for services rendered during the preceding month. Each
time sheet shall state the names and classifications of all personnel who performed
services during said month under the task authorization, and the number of hours worked
by each.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 CITY may make changes in the services at any time by giving written notice to
CONSULTANT. If such changes increase (additional services) or decrease or eliminate
any amount of work, CITY and CONSULTANT will negotiate any change in total cost
or schedule of modifications. If the CITY and CONSULTANT approve any change, the
task authorization/work order will be modified to reflect the changes; and
CONSULTANT shall be compensated for said services in accordance with the terms of
Article 5.0 herein. All change orders shall be authorized in writing by CITY'S and
CONSULTANT'S designated representatives.
3.2 All of CITY'S said task authorizations /work orders and amendments thereto shall be
performed in strict accordance with the terms of this Agreement insofar as they are
applicable.
4.0 SCHEDULE
4.1 CONSULTANT shall perform services in conformance with the mutually agreed upon
schedule set forth in the negotiated task authorization. CONSULTANT shall complete
all of said services in a timely manner and will keep CITY fully informed of the status of
work on a reasonable basis in relation to the scope ofthe project or at least monthly.
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Should CONSULTANT fall behind the agreed upon schedule, it shall employ such
resources so as to comply with the agreed upon schedule at no additional cost to the
CITY.
4.2 No extension for completion of services shall be granted to CONSULTANT without
CITY'S pnor written consent, except as provided in Sections 3.1 and 20.0 herein.
5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES
5.1 DEFINITIONS:
5.1.1 The fee schedule set forth in the July 10, 2011 proposal in Exhibit "A ", attached
hereto and incorporated herein, are used as a basis for payment for services
pursuant to Paragraphs 2.0 and 3.0. These fee schedules shall include wages,
salaries, taxes, insurance, overhead and profit. The hourly salary rates set forth in
the Fee Schedule are firm for the initial term, but are subject to an equitable
adjustment that is to be negotiated prior to the renewal of the Agreement. Any
adjustments to the Fee Schedule must be mutually agreed to by the CITY and
CONSULTANT.
5.1.2 The "Deliverables" are defined as plans, reports, findings, specifications, or
anything else that is the end product or work performed by the CONSULTANT or
the CITY. CONSULTANT shall, within such time constraints as may be set forth
in the work order, submit to CITY the deliverables as identified in the work order;
and CONSULTANT shall, upon completion of all work, submit to the CITY all
information developed'in the course of the consulting services. CONSULTANT
shall, upon request by CITY and upon completion or termination of this
Agreement, deliver to CITY all material furnished to CONSULTANT, provided
the CITY identifies those materials in writing.
5.2 PAYMENT /COMPENSATION:
CITY agrees to pay or compensate the CONSULTANT for the professional services
performed on each task authorization/work order in accordance with one of the following
methods, unless otherwise provided herein or in the task authorization/work order.
5.2.1 Not to exceed cost based upon the "Consultant's Professional Services Fee
Schedule."
5.2.2 Lump sum cost based upon the "Consultant's Professional Services Fee
Schedule."
5.3 Times of Payments: At monthly intervals, CONSULTANT shall submit statements for
services, additional services rendered and for reimbursable expenses incurred. The statements
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will be based upon CONSULTANT'S actual manpower expended and actual expenses incurred
within the billing period.
5.3.1 As a condition precedent to receiving payment, CONSULTANT shall have been
authorized to proceed by CITY, shall not be in default of any of the terms and
conditions of this Agreement and shall provide to CITY an invoice. The invoice
shall be forwarded to CITY, no more frequently than once per month, and signed
by an authorized representative of CONSULTANT related to the applicable
monthly installment payment. The invoice shall include a statement identifying
the period for which it applies and the sub -tasks or portions thereof, completed by
the specific task authorization/work order, and specifically set forth the percent of
completion of each sub -task for which compensation is being requested.
5.3.2 All invoices submitted for compensation shall include a statement by
CONSULTANT that states as follows:
"This statement sets forth only actual time spent by the firm's employees and
does not contain any unit billing, multipliers, or other devices that permit payment
for more than actual time spent."
5.3.3 CITY shall pay all valid, approved, and undisputed invoices within thirty (30)
days of receipt from CONSULTANT. In the event that CITY disputes any
invoice submitted, it shall advise CONSULTANT, in writing, and said invoice
shall not be deemed due and payable under this agreement. Neither the CITY'S
review, approval or acceptance of, nor payment for, any services provided
hereunder shall be construed to operate as a waiver of any rights under this
Agreement and the CONSULTANT shall be liable to CITY for any and all
damages to CITY caused by the CONSULTANT'S negligent or wrongful
performance of any of the services furnished under this Agreement.
5.4 Other Provisions Concerning Payments:
5.4.1 In the event of termination by CITY under Section 14.0 during the performance of
the services, payments due CONSULTANT up to the point of termination, including
payments for services rendered, and all costs incurred shall constitute total payment for
such services.
5.4.2 Records of Consultant's Salary Costs and Expenses pertinent to
CONSULTANT'S compensation under this Agreement will be kept in
accordance with generally accepted accounting principles. These records will be
made available to CITY for audit upon request by CITY. Copies will be made
available to CITY on request prior to final payment for CONSULTANT'S
services.
5.4.3 A separate invoice must be submitted for each individual task authorization.
Invoices must show a breakdown of the number of hours worked by each person
4
charging time to the task authorization, hourly salary cost and any reimbursable
expenses.
6.0 INSURANCE AND HOLD HARMLESS /INDEMNIFICATION
CONSULTANT shall maintain in force during the term of this Agreement, at its own
expense, insurance as set forth in Exhibit `B ", attached hereto and incorporated herein
and shall be bound by the terms of the Hold Harmless /Indemnification provisions
expressed therein.
7.0 COMPLIANCE WITH LAWS AND REGULATIONS
CONSULTANT shall comply with all requirements of federal, state and local laws, rules,
regulations, standards, and /or ordinances applicable to the performance of this
Agreement.
8.0 REPRESENTATIONS
8.1 CONSULTANT represents that the services provided hereunder shall conform to all
requirements of this Agreement and Exhibit A hereto and shall conform to the customary
standards of care, skill, and diligence appropriate to the nature of the services rendered.
8.2 CONSULTANT represents that the personnel furnishing such services shall be qualified
and competent to perform the services assigned to them and that such guidance given by
and the recommendations and performance of such personnel shall reflect their best
professional knowledge and judgment.
9.0 GUARANTEE AGAINST INFRINGEMENT
CONSULTANT guarantees that all services provided under this Agreement shall be free from
claims of patent, copyright, and trademark infringement. Notwithstanding any other provision of
this Agreement, CONSULTANT shall indemnify and hold harmless CITY, its officers, directors,
employees, agents, assigns, and servants from and against any and all liability, including
expenses, legal or otherwise, for actual infringement of any patent, copyright, or trademark
resulting from the use of any goods, services, or other items provided under this Agreement.
Notwithstanding the foregoing, CONSULTANT may elect to provide non - infringing services.
10.0 DOCUMENTS
10.1 Upon CITY'S or its designated Project Manager's request, at any time during the term of
this Agreement or upon completion or termination of this Agreement, CONSULTANT
shall provide CITY or its designated Project Manager with a copy of all documents and
electronic files prepared by CONSULTANT under this Agreement or any Task
Authorization hereunder. CITY understands that re -use of any documents for any other
purposes, shall be at the CITY'S own risk.
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10.2 The parties acknowledge that the CITY is a Florida municipal corporation and subject to
the Florida Public Records Law, therefore, to the extent applicable to it, CONSULTANT
agrees to comply with the terms thereof with regard to any and all documents related to
the CITY.
11.0 ASSIGNMENT
CONSULTANT shall not assign or subcontract this Agreement, any task authorization
hereunder, or any rights or any monies due or to become due hereunder without the pnor, written
consent of CITY.
12.0 INDEPENDENT CONSULTANT
At all times during the term of this Agreement, CONSULTANT shall be considered an
independent CONSULTANT.
13.0 DEFAULT
If during the term of this Agreement, CONSULTANT shall be in default of any of the material
provisions of this Agreement, CITY may suspend its performance hereunder until such
delinquency or default has been corrected; provided, however that no suspension shall be
effective unless and until CITY gives written notice of the default to CONSULTANT with at
least ten (10) days to cure such default. If CONSULTANT fails to correct such delinquency or
default within thirty (30) days of suspension by CITY, CITY may terminate this Agreement.
14.0 TERMINATION
Notwithstanding any other provision of this Agreement, CITY may, upon written notice to
CONSULTANT, terminate this Agreement if: a) without cause and for convenience upon thirty
(30) days written notice to CONSULTANT b) CONSULTANT is adjudged to be bankrupt; c)
CONSULTANT makes a general assignment for the benefit of its creditors; d) CONSULTANT
fails to comply with any of the conditions of provisions of this Agreement; or e) CONSULTANT
is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon
performance of this Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement,
for work, properly performed and accepted prior to the effective date of termination.
15.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God: fire; flood; windstorm; explosion; riot;
war; sabotage; strikes; extraordinary breakdown of or damage to CITY'S affiliates' generating
plants, their equipment, or facilities; court injunction or order; federal and/or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of
6
the party affected; provided that prompt notice of such delay is given by such party to the other
and each of the parties hereunto shall be diligent in attempting to remove such cause or causes.
If any circumstances of Force Majeure remain in effect for sixty (60) days, either party may
terminate this Agreement.
16.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue shall be Lake County, Florida, or the
United States District Court in and for the Middle District of Florida.
17.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part
of this Agreement.
18.0 SEVERABILITY
In the event any portion or part of this Agreement is deemed invalid, against public policy, void,
or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment
in the affected provision of this Agreement. The validity and enforceability of the remaining
parts thereof shall otherwise be fully enforceable.
19.0 WAIVER AND ELECTION OF REMEDIES
19.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not
be considered a waiver of that term, condition, or provision in the future.
19.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party
hereto.
20.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
CITY and CONSULTANT.
21.0 PROHIBITION AGAINST CONTINGENT FEES
CONSULTANT warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the CONSULTANT, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement.
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22.0 ENTIRE AGREEMENT
Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and
exhibits attached hereto, constitutes the entire agreement between CITY and CONSULTANT
with respect to the services specified and all previous representations relative thereto, either
written or oral, are hereby annulled and superseded
23.0 SOVEREIGN IMMUNITY
Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to
sovereign immunity under Section 768 28, Florida Statutes, or other limitations imposed on the
CITY'S potential liability under state or federal law
24.0 NOTICE
Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to
CITY City Manager
City of Clermont
685 West Montrose Street
Clermont, Florida
CONSULTANT Courtney Violette, Managing Partner
Magellan Advisors
1111 Lincoln Road, 4 Floor
Miami Beach, Florida
Either party may change the name of the person receiving notices and the address at which
notices are received by so advising the other party in writing
IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated
below
CITY OF " ONT, FLORIDA MAGELL;I 0 VISORS
arold Turville, Jr , Mayor ' Co. ey S Violette, anag Partner
DATE pu 15 }- q a DATE 1A0
Attest Attest Attest / //
Tracy Ackroy , City Clerk
8
Exlubit "A"
TASK AUTHORIZATION FOR
CONTINUING CONTRACT AGREEMENT
BETWEEN THE CITY OF CLERMONT FLORIDA AND
MAGELLAN ADVISORS, LLC
This Task Authorization is by and between MAGELLAN ADVISORS, LLC,
1111 2.a t1colh ?d q j / f, km; ae / , hereinafter referred to as "CONSULTANT" and the CITY OF
CC. RMO jj heremafter referred to as "CITY" and is to that certain agreement between the parties dated
GL aas't" 9 , c9 )// , and any amendments thereto, heremafter collectively referred to as "the
Agre ent" The Parties, m exchange for the mutual covenants contamed herein and in the Agreement,
agree as follows
1. This agreement expressly modifies the Agreement and in the event of a conflict, the
terms and conditions of this Task Authonzation shall prevail.
2. In addition to all other terms and conditions contained m the Agreement,
CONSULTANT shall provide services relatmg to
as more particularly descnbed in the Scope of
Services attached hereto and incorporated herein as Task Authorization Exhibit "A ".
In consideration for, and upon, the satisfactory completion of said services, the CITY
shall pay to CONSULTANT the amount set forth in Task Authonzation Exhibit `B"
attached hereto and incorporated herein.
3 CONSULTANT shall complete the services to be provided herem within
days of the date of issuance of a Notice to Proceed by CITY.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes
herein expressed on the dates set forth below.
CITY OF C
Date 11 U3U t q r o t
MAGELLAN ADVISORS, LLC.
By:
Signature
(Name/Title Prmted or Typed)
Date:
Exhibit `B"
INSURANCE REQUIREMENTS
Continuing Services Agreement
SPECIAL PROVISIONS
Where available all policies shall be of an occurrence type and provide a forty -five (45)
day notice of cancellation or modification of coverage. Prior to commencement of work,
the proper insurance certificates shall be provided to, and approved by the CITY.
DEDUCTIBLES: Given that the indemnification agreement is intended to be
supported by first dollars insurance policies, which require full disclosure of any and all
deductible for all coverage required by this specification or Contract, the only exception
will be the area of Workers' Compensation. The CITY reserves the right to determine
acceptable limits of such deductibles.
FIRST DOLLAR COVERAGE: To the extent that the CONSULTANT may elect to
purchase insurance, which provides a deductible or (SIR) self insure retention, the
CONSULTANT will assume liability to personally indemnify the CITY to the same level
of coverage required of their insurance carrier.
COVERAGE'S & LIMITS
COMMERCIAL GENERAL LIABILITY: This insurance shall be an "occurrence" type
policy written in comprehensive form and shall protect the CONSULTANT and the
additional insured against all claims arising from bodily injury, sickness, disease, or death
of any person other than the CONSULTANT'S employees or damage to property of the
CITY or others arising out of any act or omission of the CONSULTANT or his agents,
employees, or subcontractors. This policy shall also include protection against claims
insured by usual personal injury liability coverage, and to insure the Agreementual
liability assumed by the CONSULTANT under the article entitled INDEMNIFICATION
and COMPLETED OPERATIONS AND PRODUCTS LIABILITY coverage.
The liability limits shall not be less than:
Personal Injury and $1,000,000 Combined
Property Damage Single limit each occurrence
BUSINESS AUTOMOBILE LIABILITY: This insurance shall cover "any auto" type
for bodily injury and property damage. This shall include owned vehicles, hired and non-
owned vehicles, and employee non - ownership.
The liability limits shall not be less than:
Bodily Injury and $1,000,000 Combined
Property Damage Single limit each occurrence
WORKERS' COMPENSATION INSURANCE: The CONSULTANT shall take out and
maintain during the life of this agreement, workers' compensation insurance for all of his
employees connected with the work of this project and in case any work is sublet, the
CONSULTANT shall require the subcontractor similarly to provide workers'
compensation insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONSULTANT. Such insurance shall comply
fully with Florida Statutes, Chapter 440 and the Florida Workers' Compensation Law. In
case any class of employees engaged in hazardous work under this contract at the site of
the project is not protected under the workers' compensation statute, the CONSULTANT
shall provide adequate insurance, and cause such subcontractor to provide adequate
insurance, satisfactory to the owner, for the protection of his employees not otherwise
protected.
PROFESSIONAL LIABILITY: CONSULTANT shall carry professional
malpractice insurance in the amount of $1,000,000 throughout The term of this Agreement
and shall maintain such coverage for an extended period of three (3) years after
completion and acceptance of any work performed hereunder. At all times throughout
the period of required coverage, said coverage shall insure all claims accruing from the
first date of the Agreement through the expiration date of the last policy period. In the
event that CONSULTANT shall fail to secure and maintain such coverage,
CONSULTANT shall be deemed the insurer of such professional malpractice and shall
be responsible for all damages suffered by the CITY as a result thereof, including
attorney's fees and costs.
HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by laws and regulations, the CONSULTANT shall defend,
indemnify, and hold harmless the CITY, its officers, directors, , and employees from and
against all claims, damages, , and expenses, direct, indirect, or consequential
(including but not limited t reasonable fees and charges of engineers, architects,
attorneys, and other professionals and court and arbitration costs) arising out of or
resulting from any acts of omission or negligence in the performance of the work by the
CONSULTANT, any subcontractor, or any person or organization directly or indirectly
employed by any of them to perform or furnish any of the work or anyone for whose acts
any of them may be liable.
In any and all claims against the CITY, or any of its officers, directors, agents, or
employees by any employee of the CONSULTANT, any subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of
the work or anyone for whose acts any of them may be liable, this indemnification
obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for the CONSULTANT or any such
subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts, or other employee benefit acts, nor shall this
indemnification obligation be limited in any way by any limitation on the amount or type
of insurance coverage provided by the CITY, the CONSULTANT, or any subcontractors
APPLICABILITY It is the express intent of the CONSULTANT that this Agreement
shall apply to all work or purchase orders incidental to the professional
graphical /geographical systems (GIS) and computer aided design (CAD) services
agreement
SUBROGATION The CONSULTANT and any subcontractors shall require their
insurance carriers, with respect to all insurance policies, to waive all rights of subrogation
against the CITY, except for "Professional Liability" and workers' or workmens'
compensation In the case of "Professional Liability," the Engineer /Architect and any
subcontractors shall waive all rights of subrogation except in situations where gross
negligence is shown on the part of the CITY
RELEASE OF LIABILITY Acceptance by the CONSULTANT of the last payment
shall be a release to the CITY and every officer and agent thereof, from all claims and
liability hereunder for anything done or furnished for, or relating to the work, or for any
act or neglect of the CITY or of any person relating to or affecting the work, unless
expressly reserved in writing at the time that CONSULTANT submits its request for final
or last payment
COMPANIES ISSUING POLICIES Each insurance policy issued hereunder shall be
issued by a company or companies authorized to do business in the State of Florida and
which have an A ■ _ • •any rating of "A" or better and a Financial Size category
of "VIP' or as • • rwi - approve. by CITY, in its sole discretion
c • r Violette, Man.t : ' . rtner
DATE '7 /
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Municipal Broadband Design /Technical Plan
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Proposal to The City of Clermont
Prepared For: Don Dennis, IT Manager
Prepared: 7/10/2011
MageIIan.
ADVISORS
Magellan.
ADVISORS
Table of Contents
Executive Summary 3
Opportunity for The City of Clermont ... 3
Magellan Advisors, Your Municipal Broadband Partner 4
Projects and References 6
Project Objectives 7
Project Deliverables 9
Project Timeline... 9
Project Pricing ... ......... 10
Client Responsibilities 10
Signature and Acceptance 11
Munwpal Broadband Planning Services 2011 Magellan Advisors LLC Page 2 of I I
Magellan.
ADVISORS
Executive Summary
Broadband and Our Communities
The future of our communities is determined increasingly on their "connectedness" to the digital
world. Broadband superhighways have become a critical factor in measuring their capabilities to
succeed in the new world economy. infrastructure that enables these superhighways is essential,
enabling businesses, residents and local governments to connect with one another.
Through municipal broadband, communities have the opportunity to have greater control over their
economic futures Investment in broadband infrastructure can have significant impact on how local
economies are developed and sustained , Businesses are increasingly reliant on broadband
telecommunications as part of their day -to -day operations. Resultantly, local broadband has become
one of the key factors in selecting a location to start or re- locate a business Similarly, the percentage
of teleworkers and home -based businesses has skyrocketed in recent years, in part due to broadband
access in our communities The importance of this resource cannot be underscored and local
governments now have the opportunity to become the driving force to secure broadband in their
communities.
Local governments are charged with making wise Investments in infrastructure that will benefit their
communities Where local roadways have provided transit systems that allow residents and
businesses to connect with one another, broadband provides the communications systems that allow
residents and businesses to connect with the rest of the world. In areas where broadband has been
slow to develop, local governments have taken it upon themselves to strengthen their communities
by investing in municipal broadband. in doing so, they have leveled the playing field for their
residents and businesses, allowing their communities to compete in the connected world.
These investments provide long -term benefit to local governments and their communities Municipal
broadband supports economic and community development, enabling local job growth, supporting
development of high -tech and high -wage industries and attracting new businesses to the local area.
Broadband can enable Internet access in public facilities, parks, and other community centers. It can
enable new public services, such as local online advertising for business, community bulletin boards
and online community alert systems.
Internally to government, municipal broadband benefactors include public safety, environmental
services, utilities, public works and information technology, among others. Wireless services for
police and fire rescue, fiber connectivity for intelligent traffic systems and high -speed connections
between facilities can all be realized through broadband initiatives. Additionally, school districts,
trade schools, colleges and universities can all make use of municipal broadband systems to improve
their communications and collaboration while reducing cost. The foundation of broadband allows for
many immediate benefits and creates a platform to secure future community and local government
needs.
Opportunity for The City of Clermont
From an initial analysis, we have determined that the City of Clermont has strong potential to
evaluate a municipal broadband project, for the following reasons:
• The City has already made the conscious effort to deploy communications conduit alongside
other capital improvement projects throughout the city
• The City has an opportunity to offset existing and future telecommunications costs A
municipal broadband project can achieve this goal with a relatively short payback period
and permanently offset these recurring costs.
• The City is currently experiencing several technical issues with its current network (WAN)
Infrastructure, including outages and bandwidth constraints. A municipal owned fiber
network would resolve these limitations while "futureproofing" its ability to deploy other
bandwidth intensive technologies
Municipal Dr oadhand Planning Services 2011 Magellan Advisors LLC Page 1 of 1 1
Magellan.
ADVISORS
These factors together present a strong case for the City of Clermont to develop a broadband
design /technical plan.
Magellan Advisors, Your Municipal Broadband Partner
Magellan Advisors provides consulting and project management services to local governments who
wish to bring municipal broadband into their communities. We use a comprehensive approach to
understand, document, develop and implement our clients' most challenging municipal broadband
projects. Our consultants understand the goals of local government and have extensive experience
creating effective solutions, organizationally, operationally and technically.
We are a true advocate and partner in helping you achieve your municipal broadband goals. Our
services focus heavily on strategic planning for municipal broadband, aligning telecommunications
initiatives with community goals of civic leaders and the management team. As these projects have
long -term impact on community and economic development, we provide guiding principles and
insight that help decision makers use municipal broadband most effectively in their communities.
We focus on the complete picture of municipal broadband planning, incorporating the organizational,
operational, financial and technical aspects of these systems into your community We have assisted
numerous cities and counties with their municipal broadband needs, always focused on exceeding
their project goals.
We are a full -cycle consulting firm, partnering with our clients from project inception through
implementation and into continuing operations. We are a "hands -on" firm with strong project
management abilities and implementation skills to see our client's projects through from concept to
completion. Our wide spectrum of services provides unmatched value to our client's projects,
resulting in success in achieving business, government and community goals.
We provide you with a single - point -of- contact in our organization, a resource who is well equipped
to manage the entire project and interface with many diverse groups within your organization. This
gives our clients the attention and resource needed to see a project from concept to completion,
while simplifying the flow of information between groups.
Municipal Bi oadband Planning Services 2011 Magellan Adviso■ ti LLC Page 4 of 11
Mage / /an.
ADVISORS
Magellan's Municipal Broadband Services Portfolio
Strategic & Economic & Community Financial Network End - to-End
Needs Network Design Network
Assessments Business Community Marketing & Modeling & & Engineering Construction Operations Project
Planning Development Communications Analysis Management Management
Municipal Broadband Development for Local Government
Needs Assessments Financial Modeling and Analysis
• Demographics of existing, adjacent and overlapping • Financial planning tailored to specific business models
markets and organizational requirements
• Market sizing, take -rates and demand aggregation • TCO, RO1 and Cost of Capital analysis
• Competitive analysis of existing service providers in • Capital budgeting process including initial builds,
the market expansions and other capital outlays
• Regional /national trends and emerging technologies • Operational budgeting process including staff, O &M
• Bandwidth growth /usage and the applications that are and other operational outlays
driving this growth • Financing and leasing options and their impact on the
• Product mix, complements and substitutes in the project
market
Network Design and Engineering
Strategic & Business Planning • Outside /Inside plant design and engineering
• Analysis of structuring options and business models • TDM /DWDM /SONET /Ethernet /MPLS /IP
• Regulatory requirements of various business models infrastructure design and engineering
• Operational planning and management for the • Core, distribution and access network design and
organization
engineering
• Financial modeling and analysis of various business • Convergence planning and integration on multi- service
models IP networks
• • Capacity planning and network expansion
Alignment with community and organizational goals
Economic & Community Development Network Construction
• Impact of technology and telecommunications projects • Construction of outside plant, inside plant, facilities
on the greater community • Construction of fiber, copper, wireless and systems
• Job creation studies through technology and • Systematic evaluation of competing vendors and
telecommunications projects balanced scorecards
• High -Tech business park development /Technology • Cost /benefit analysis of disparate vendor solutions
incubator development • Integration testing and pilot projects
• Technology and telecommunications programs for low • Vendor negotiations and performance management
income and disadvantaged groups • Requirements planning for RFx releases
• Marketing municipal telecommunications to high -tech • Evaluation of qualified bids for compliance
and adjacent industries
• Pre -bid meeting presentations
Community Marketing and Communications Network Operations and Management
• Development of educational materials for community • Determining operational support requirements and
stakeholders staffing needs
• Development of direct marketing for local businesses • Operations support systems, network management
and residents systems
• Press release management • Defining standard operating procedures
• Service provider marketing and communications • Creating service level agreements
Municipal Broadband Planning Services 2011 Magellan Advisor s LLC Page 5 of 11
a eII n *
ADVISORS
The Municipal Broadband Planning Process
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Projects and References
We have significant experience assisting local governments with their municipal broadband,
telecommunications and technology projects In Florida alone, we have worked with many City and
County governments as a strategic partner to assist them with such projects For Clermont, this
provides additional value, as we are intimitely familiar with Florida governments, statutes and the
regulatory environment. Just a few of our customers include.
Seminole County, FL
Services Provided: Municipal broadband master planning, fiber -optic network engineering,
inside /outside plant design, economic and community development planning, financial and
operational telecommunications planning
Contact. Steve Fussell
Title. Director, Project Management Office
Office. 407 - 665 -1111
Email: sfussell @seminolecountyfl gov
Web: http / /www seminolecountyfl gov
City of Bartow, FL
Services Provided. Municipal broadband planning, fiber - optic network engineering, inside /outside
plant design, financial and operational telecommunications planning, federal grant preparation
Contact. Frank Canovaca
Title: Information Technology Manager
Office. 863 - 534 -0252
Email: fcanovaca cis @cityofbartow net
Web: http / /www cityofbartow net
Municipal Bi oadband Planning Services 2011 Magellan Advtsot s LLC Page 6 of 1 1
Magellan.
ADVISORS
City of Palm Coast, FL
Services Provided. Municipal broadband planning, fiber -optic network engineering, inside /outside
plant design, economic and community development planning, financial and operational
telecommunications planning, government technology /communications sharing programs
Contact. James Majcen
Title. Director of Information Technology & Communications
Office: 386 - 986 -4752
Email: jmajcen @ci palm -coast fl.us
Web. http / /www ci palm -coast fl us
City of Cocoa, FL
Services Provided: Municipal broadband planning, fiber -optic network engineering, inside /outside
plant design, financial and operational telecommunications planning, government
technology /communications sharing programs
Contact. John Forzetting
Title: Information Technology Manager
Office. 321 - 433 -8550
Email. jforzetting @cocoafl.org
Web: http. / /www cocoafl org
City of Winter Garden, FL
Services Provided. Municipal broadband planning, fiber -optic network engineering, inside /outside
plant design, financial and operational telecommunications planning, federal grant preparation
Contact. Bob Reilly
Title: Chief information Officer
Office: 407 - 656 -4111
Email• breilly @cwgdn com
Web: http. / /www cwgdn com
Project Objectives
This project will create a comprehensive Municipal Broadband Design /Technical Plan that will allow
the City of Clermont to expand its existing broadband infrastructure and provide new services to the
community, government, citizens and businesses. This plan will provide The City of Clermont with a
broadband network design that will be used to interconnect all municipal sites and any other
locations of community interest. This project will include a high level design and fiber routing plan
which will show all fiber routes that currently exist in the city and proposed routes that would have
to be constructed to complete the network segments. This will also include all segment lenghts,
materials and labor breakdown, and budgets to design /construct.
The techical plan will provide standards for the city as it relates to all backbone and lateral segments
It will also include inforamtion regarding current equipment owned by the city, equipment that will
be required to 'light up" the network and any network management practices or software packages
that could be utilized.
The financial plan will include all captial costs that will be requried to design /constuct the network
Magellan will use its relationships with material suppliers and construction firms to accuratey
estimate the capital costs of the network The plan will also provide any annual operating and
maintenance costs. Finally, we will work with the City of Clermont IT staff to develop a business case
for the network which will show return on investment of the network, to include direct replacement
costs from leasing access on carrier networks and additional government uses that will reduce the
cost of doing business for the City of Clermont.
This project will focus on the following key aspects of municipal broadband planning for the City•
Municipal Broadband Planning Services 2011 Magellan Advisors LLC Page 7 of I I
Magellan.
ADVISORS
1 Technical Planning
a Develop a comprehensive engineering design for the Clermont broadband network
that accomodates the municipal needs while taking into account future uses for
service providers and their customers, local businesses and residents
1 Backbone network
11. Last -mile network
111. Equipment
iv. Network management
b. Create technical specificiations required for new broadband infrastructure in the
City of Clermont, to ensure that new infrastructure that is developed meets technical
guidelines and interoperability.
c Ensure that the Clermont network can provide an adequate level of service to its
internal customers and deliver a standardized Service Level Agreement
2. Financial Planning
a Provide a package of financials that shows the financial performance of the
Clermont broadband network over a 10 -year period. This packagre will include.
1 Comprehensive budget forecasts for the Clermont broadband network,
including:
1 Capital budgets
2 Operating budgets
3. Financing budgets
The core components of Clermont's Municipal Broadband Design /Technical Plan include the
following:
Network Assessment
The network assessment provides a thorough evaluation of the current fiber -optic infrastructure,
including outside plant, inside plant, equipment, facilities, operations and maintenance. The goal of
this section is to determine the capabilities of the current network to ensure the City can provide
quality and cost - effective services to the market. It will determine the types and capacities of the
municipal broadband network. Broadband mapping is completed in this section as well, to identify
the coverage of the City's network in the existing community.
Broadband Technical Plan
This section provides the technical design of the municipal broadband network, Including outside
plant, inside plant, last -mile, backbone, equipment and network management. This section will also
identify any gaps in the current network from the Network Assessment and recommend necessary
build -out, retrofit and /or conversions. Different technologies and architectures will be identified to
suit existing and future needs Any costs of network expansion and adaptation will be represented in
the Financials section of the plan.
Financials
The financial plan will determine the viability and performance of a municipal broadband project to
allow City leaders to make informed decisions about if and how to invest in municipal broadband We
provide all financial components related to the broadband entity for the period (10 years), including
• Capital and Operation Budgets
Municipal Bi oadband Planning Services 2011 Magellan Advisor LLC Page 8 of 11
Magellan_
ADVISORS
Project Deliverables
All documents for the project will be delivered in paper and electronic copy The deliverables for this
project include.
1. The City of Clermont Broadband Design /Technical Plan
2 Council & management level presentations on municipal broadband
3. Periodic update presentations on the status of the project and next steps
4 Municipal broadband educational materials for City leaders and management to provide the
benefits of broadband to the organization and community
5 Municipal broadband educational materials for the community -at -large to provide a basic
knowledge of the project, benefits and timeline
6. A forward - looking document to determine the next steps after completion of the plan
Project Timeline
In general, municipal broadband projects can range anywhere from three to six months Based on the
size of Clermont we estimate the project to be completed in two months. We are able to begin this
project as early as August 1, 2011. The chart below illustrates the timeline for main components of
the project
Pro'ect Com s onent Month #
1 2
Assessments
• Network assessment
Technical Planning
• Broadband technical plan
• Last -mile network
• Backbone network
• Equipment
• Network management
Business Planning
• Business case development
Financial Planning
• Capex /Opex requirements
Municipal Broadband Planning Services 2011 Magellan Advisor s LLC Page 9 of I I
Magellan.
ADVISORS
Project Pricing
Pricing for the project includes all work completed by Magellan for The City of Clermont as stated
under this Proposal. We estimate that over the two -month duration of the project, approximately 3
days per month of onsite work will be necessary to successfully complete the project. Days are based
on 10 working hours per day.
Project Component
Hourly Rate Hours Total
Assessments
• Network assessment
$125 40 $5,000
Technical Planning
• Broadband technical plan
• Last -mile network $125 60 $7,500
• Backbone network
• Equipment
• Network management
Business Planning
• Business case development
$125 20 $2,500
Financial Planning
g
• Capex /Opex requirements
$125 40 $5,000
Project Total $20,000
Payment Terms
The project pricing as detailed above covers all said deliverables in this proposal. Magellan will bill
monthly for work completed on the project and expenses incurred. Each invoice will be accompanied
by an itemized list of tasks completed during the period. Invoices are payable net 30 days from date
of invoice. Magellan, will charge an initial 30% of the total project cost at the inception of the project.
Magellan charges a 3.0% late fee per month on invoices paid beyond net 30.
Client Responsibilities
The following client responsibilities are geared toward making a municipal broadband project
successful in the timeframe stated and to avoid any delays that may cause the project to run beyond
its allocated timeframe The following client responsibilities follow
• Provide adequate staff resources to Magellan personnel working on project
• Ensure that City staff working with Magellan have suitable knowledge about the subject
matter and understand the project
Municipal Pi oadband Planning Sei vices 2011 Magellan Advisors LLC Page 10 of 11
Magellan.
ADVISORS
• Provide adequate information to Magellan personnel, including, but not limited to the
following data:
o City demographic information, including population information, growth, income
distribution and per capita information (where available)
o City existing, pending and future commercial business and other major planned
developments for the area, including business /technology parks and
residential /commercial
o GIS data from the City's internal systems, including fiber routes, facilities, outside
plant infrastructure and other utility infrastructure
o Network infrastructure and telecommunications inventories
o Other key organizational data (to be determined)
o Financial data on network and telecommunications assets, funding information for
new municipal broadband development
• Provide adequate physical access to Magellan personnel for site visits to City facilities,
outside /inside plant infrastructure and other City owned or operated areas
• Process in timely fashion any changes to the engagement or scope of work between Magellan
and City
Signature and Acceptance
Signature of this Proposal by The City of Clermont, FL warrants that all components of this Proposal
are acceptable to City and that the person(s) signing this Proposal has the right, power and authority
to execute Proposal.
Magellan Advisors, LLC City of Clermont, FL C
Print Name: Print Name: W (Q' d S • 1 U V 1 \ t ( •
Title: Title: MQ
11 I I 1. 111
Si gnature: Si . natur ..
Date: Date: 1'-1 uQt,S4- 9 c o'
P1unu' pal 3 1 od(')nn( Fla ui np, 5eiv ( L ti 20 : 1 PSal;elIa i Adv vi s 1 , L ( P l L I of
TASK AUTHORIZATION FOR
CONTINUING CONTRACT AGREEMENT
BETWEEN THE CITY OF CLERMONT FLORIDA AND
MAGELLAN ADVISORS, LLC
This Task Authorization is by and between MAGELLAN ADVISORS, LLC, 1111 Lincoln Road, 4 Floor,
Miami Beach, Florida hereinafter referred to as "CONSULTANT" and the CITY OF CLERMONT,
hereinafter referred to as "CITY" and is to that certain agreement between the parties dated
_ 9 �© /� , and any amendments thereto, hereinafter collectively referred to as "the
Ag ement" he Parties, in exchange for the mutual covenants contained herein and in the Agreement,
agree as follows
1 This agreement expressly modifies the Agreement and in the event of a conflict, the
terms and conditions of this Task Authorization shall prevail
2. In addition to all other terms and conditions contained in the Agreement,
CONSULTANT shall provide services relating to IT Services as more particularly
described in the Scope of Services attached hereto and incorporated herein as Task
Authorization Exhibit "A" In consideration for, and upon, the satisfactory
completion of said services, the CITY shall pay to CONSULTANT the amount set
forth in Task Authorization Exhibit "B" attached hereto and incorporated herein
3 CONSULTANT shall complete the services to be provided herein within 30 days of
the date of issuance of a Notice to Proceed by CITY
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes
herein expressed on the dates set forth below
CITY OF C T
Date PF L U S+ 9 apt 1
MAGELLA`; 'r ISORS, I
:y / �N■
s g ature
Courtne S Viole e . 4 . . in. Partner
(Name/ itle tinted or Typed)
Date ,� J/
Magellan_
ADVISORS
1000 South Pointe Drive #703
Miami Beach, FL 33139
0: 786.208.8952
F: 786.524.2214
E. infoemaaellan- advisors.cont
August 3, 2011
RE: Task Authorization, City of Clermont Broadband Planning
Project: City of Clermont - Network Assessment
Scope:
The network assessment provides thorough evaluation of the City's current and future
technology /telecommunications needs as a basis for development of a municipally -owned
fiber -optic network. It provides analysis of the current technology infrastructure to ensure
that a municipally -owned fiber -optic network will be able to meet the needs of the City.
This assessment also analyzes current outside plant, inside plant, facilities, network
equipment, technologies and processes in use at the City to optimize the development of
a municipally -owned fiber -optic network.
Deliverables:
- Electronic and paper delivery of the Network Assessment
- Onsite meetings and conference calls as needed to complete Network Assessment
- Presentation of Network Assessment to City of Clermont project representatives
Cost:
$5000.00
