HomeMy WebLinkAboutResolution - 2007-R0340 - Agreement - Nextel Operations - Reconfigure 800Mhz Radio Frequencies - 07/26/2007Resolution No. 2007-RO340
July 26, 2007
Item No. 5.29
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Planning Funding
Agreement by and between the City of Lubbock and Nextel Operations, and related
documents, to provide professional services in connection with the FCC -mandated
reconfiguration of the 800Mhz radio frequencies. Said Planning Funding Agreement is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 26th day of Jul , 2007•
f
DAVID A. MlftER, MAYOR
ATTEST:
Rebe�cc,a GarzACiecretary �
APPROVED AS TO CONTENT:
-<'_J
Mar Ye od, sststant City Manager,
Chi Information Officer
APPROVED AS TO FORM:
X"
Matthew J. Plache
Catalano & Plache, PLLC
gs/ccdocs/res-Agrmnt-Nextel Operations-800Mhz radio frequencies
07/19/07
CONFIDENTIAL
Resolution No. 2007-RO340
PLANNING FUNDING AGREEMENT
[800 MHZ RECONFIGURATION]
This PLANNING FUNDING AGREEMENT ("Agreement") is made this 26th day of July, 2007, by and between
the City of Lubbock, a political subdivision of the state of Texas ('Incumbent'), having an address of 302 Municipal
Drive, Lubbock, TX 79457, and Nextel Operations, Inc., a wholly owned indirect subsidiary of Sprint Nextel
Corporation, a Kansas corporation ("Nextel") having an address of 2001 Edmund Halley Drive, Reston, VA 20191.
Nextel and Incumbent may be referred to collectively in this Agreement as the "Parties."
RECITALS:
A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report and order to
reconfigure the frequency allocations in the 800 MHz band ("Reconfiguration"), including frequency allocations on
which Incumbent and Nextel are currently authorized to operate (respectively, the "Incumbent Frequencies" and
"Replacement Frequencies").
B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The
August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator
pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the
Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the
"Order."
C, Pursuant to the Order, Nextel and Incumbent intend to enter into an 800 MHz Frequency
Reconfiguration Agreement ("Reconfiguration Agreement") that will define the Parties' respective obligations
regarding the Reconfiguration, including without limitation Nextel's obligation to pay for reasonable costs incurred in
effecting the Reconfiguration.
AGREEMENT:
1. Planning Cost. In order to facilitate negotiation of the Reconfiguration Agreement involving the
license(s) for the Incumbent Frequencies granted by the FCC as identified in Schedule A (the
"Incumbent Licenses") and in accordance with the work described in the Statement of Work attached
to this Agreement as Schedule B, Nextel will pay the cost of the planning activities identified on
Schedule C attached hereto ("Planning Cost") in an amount not to exceed the Planning Cost estimate
set forth on Schedule C ("Planning Cost Estimate"). The planning activities and deliverables
identified in Schedule B will commence upon execution by both Parties of this Agreement
("Agreement Execution") and will be completed no later than two hundred twenty-five (225) days
following Agreement Execution.
2. Payment Terms. Nextel will make payments in accordance with the payment terms identified on
Schedule C for both payments made directly to Incumbent and payments made on behalf of
Incumbent directly to each third party vendor or service provider identified on Schedule C
("Planning Vendor").
3. Confidentiality. The terms of this Agreement and any proprietary, non-public information
regarding the Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's
business must be kept confidential by the Parties and their employees, shareholders, agents,
attorneys and accountants (collectively, "Agents"), which confidentiality will survive final payment
or termination of this Agreement for a period of two (2) years. The Parties may make disclosures as
required by law and to the Transition Administrator and to a Planning Vendor [but only to the extent
that such disclosure specifically relates to that Planning Vendor's work and costs under this
Page 1 of 21
CONFIDENTIAL
Agreement (as identified on Schedule C)] as required to perform obligations under this Agreement,
provided, however, that each Party will cause all of its Agents to honor the provisions of this
Section. Nextel, Incumbent and their respective Agents may make disclosures regarding the terms
of this Agreement to other public safety licensees and their Agents in accordance with the FCC
Order, WT Docket No. 02-55, adopted January 8, 2007. Each party involved in such disclosures
shall cause all of its Agents to confine the disclosure of the terms of this Agreement to only public
safety licensees and will advise the party to whom the disclosure was made, to limit further
disclosure to only public safety licensees in accordance with the FCC Order, WT Docket No. 02-55,
adopted January 8, 2007.
4. Review Rights. In order to enable the Transition Administrator to comply with its audit obligations
under the Order, Incumbent agrees to maintain records and other supporting evidence related to the
costs that Incumbent has expended in connection with planning activities related to the
Reconfiguration and that Nextel has paid or will pay to Incumbent pursuant to this Agreement.
Incumbent agrees to maintain such records and make them reasonably available to the Transition
Administrator for review or reproduction until eighteen (18) months after Closing, as defined in
Section 7. As used in this provision, "records" includes books, documents, accounting procedures
and practices and other data regardless of type and regardless of whether such items are in written
form, in the form of computer data or in any other form. All reasonable, prudent, and necessary
documented costs incurred by the Incumbent associated with any audit conducted by the Transition
Administrator shall be reimbursable costs of reconfiguration pursuant to the Order and will be
payable within thirty (30) days after Nextel's receipt of the documented costs and all requirements
under the Order have been satisfied.
Changes. If either Party believes that a change to the planning activities contemplated by the
Planning Cost Estimate is required (including changes by Planning Vendors), such Party will
promptly notify the other Party in writing. Such written notice (the "Planning Funding Change
Notice") shall set forth (i) a description of the scope of the change believed to be necessary and (ii)
an estimate of any increase or decrease in the Planning Cost Estimate and in the time required to
finish planning for the reconfiguration of Incumbent's existing facilities. A Party receiving a
Planning Funding, Change Notice shall immediately perform its own analysis of the need for and
scope of the change and its impact on the Planning Cost Estimate and schedule and negotiate the
change in good faith with the other Party. After the Parties have agreed upon a change to this
Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 13 and
submit to the Transition Administrator a copy of the proposed amendment together with a written
request for its approval. Such request shall be accompanied by reasonable documentation
supporting the need for and scope of the change and any proposed increase or decrease in the
Planning Cost Estimate and in the time required to finish planning for the reconfiguration of
Incumbent's existing facilities. Incumbent is responsible for all changes necessary as it relates to
work performed by a Planning Vendor on behalf of Incumbent and increased costs, if any, associated
with such changes are subject to approval pursuant to this paragraph. No change to the Planning
Cost Estimate, the planning activities contemplated by the Planning Cost Estimate or the time
required to finish planning for the Reconfiguration of Incumbent's existing facilities shall become
effective until the Transition Administrator has approved the change in writing and both Parties have
signed an amendment incorporating such approved change into this Agreement pursuant to Section
13.
6. Disputes. The Parties agree that any dispute related to Nextel's obligation to pay the cost of any
planning activities related to the Reconfiguration of Incumbent's system contemplated by this
Agreement, which is not resolved by mutual agreement, shall be resolved in accordance with the
dispute resolution provisions of the Order, as it may be amended from time to time.
Page 2 of 21
CONFIDENTIAL
7. Cly. The closing ("Closing") of the transactions contemplated by this Agreement will take
place after delivery by Incumbent to Nextel of: (i) all receipts, invoices and other documentation
required to substantiate the actual costs of the planning activities contemplated by the Planning Cost
Estimate ("Actual Planning Costs"), and other documents required to complete the Reconciliation
similar to those identified on Exhibit 2; and (ii) a copy of all deliverables required to be delivered
pursuant to the Statement of Work; provided that Closing shall not occur until after payment of all
monies due either Party pursuant to Section 8 below. Prior to Closing, Incumbent will submit to
Nextel documentation (including without limitation invoices, receipts, and timesheets or equivalent
documentation) demonstrating the Actual Planning Costs. Upon receipt by Nextel of documentation
of the Actual Planning Costs, Nextel and Incumbent will reconcile the Actual Planning Costs against
the payments made by Nextel to Incumbent pursuant to thus Agreement and the Parties will agree
upon the amount of any additional payments due to Incumbent or any refunds due to Nextel.
8, Reconciliation. The effective date of agreement on reconciliation of the Actual Planning Costs is
considered the "Planning Funding Reconciliation Date." Any additional payments due to Incumbent
from Nextel will be disbursed to Incumbent within thirty (30) days of the Planning Funding
Reconciliation Date, provided the additional payments do not result from Actual Planning Costs that
exceed the Planning Cost Estimate. Any refunds due to Nextel from Incumbent will be made within
thirty (30) days of the Planning Funding Reconciliation Date. In the event Incumbent's Actual
Planning Costs exceed the Planning Cost Estimate, Incumbent must submit a Planning Funding
Change Notice pursuant to Section 5 of this Agreement describing the change in scope of work that
resulted in Incumbent's Actual Planning Costs exceeding the Planning Cost Estimate. Approval of
any Planning Funding Change Notice will not be unreasonably withheld or automatic but will be
processed in accordance with Section 5 of this Agreement. Additional payments due to Incumbent,
which result from an excess of Actual Planning Costs over the Planning Cost Estimate, as agreed on
the Planning Funding Reconciliation Date, will be disbursed to Incumbent within thirty (30) days of
the Transition Administrator's approval of a Planning Funding Change Notice and execution by both
Parties of an amendment incorporating such approved change into this Agreement pursuant to
paragraph 13.
9. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or
service provider performing the planning activities. Neither the Transition Administrator nor Nextel
will be responsible for, or assume the risk of any failure of that Planning Vendor to perform its
obligations under any contract entered into between Incumbent and such Planning Vendor in
connection with this Agreement.
10. Termination. This Agreement may be terminated and the transactions contemplated by this
Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by
either Party upon material breach of the other Party, following a thirty (30) day period for cure by
the breaching Party following written notice of the breach or (iii) by Nextel in the event of any
Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For
purposes of this Agreement, an "Adverse Decision" means an order, decree, opinion, report or any
other form of decision by a governmental entity of competent jurisdiction that results, in whole or
part, in a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel
determines, in its sole discretion, to be adverse to its interests. In the event of termination due to an
Adverse Decision, Nextel will pay Incumbent for all costs incurred up to the date of termination.
11. Notices: All notices and other communications under this Agreement must be in writing and will be
deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day if
sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if
sent by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the
Parties at the following addresses:
Page 3 of 21
CONFIDENTIAL
If to Incumbent, to:
If to Nextel, to:
City of Lubbock
Nextel Operations, Inc.
302 Municipal Drive
c/o Sprint Nextel Corporation
PO Box 2000
2000 Edmund Halley Drive
Lubbock, TX 79457
Reston, VA 20191
Attention: Jack Morrison
Attn: Heather P. Brown, Esq.
Phone: (806) 775-2326
Phone: (703) 4334000
Fax: (703) 433-4483
With a copy that shall not constitute
Notice:
With a copy that shall not constitute Notice:
Catalano & Plache, PLLC
Attn: Matthew Plache
1054 31" Street, NW, Suite 425
Sprint Nextel Corporation
Washington, DC 20007
6575 The Corners Parkway
Phone: (202) 338-3200
Norcross, GA 30092
Fax: (202) 338-1700
Attn: William M. Jenkins, VP Spectrum Resources
Email: mjp��a eatalanoplache.com
Phone: (770) 326-7484
Fax: (678) 405-8252
And a copy that shall not constitute Notice to:
Sprint Nextel Corporation
Attn: Rob Easton, Director, Spectrum
Development
114 Coronation Circle
Bountiful, LTi 84010
Fax: (801) 296-6556
Phone: (801) 294-4810
12. Assianment: This Agreement is binding upon and inures to the benefit of the Parties and their
respective successors and permitted assigns. Either Party may assign this Agreement to any direct or
indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party.
13. Amendments: This Agreement, including without limitation the scope of the planning activities
contemplated hereby and the Planning Cost Estimate thereof to be paid by Nextel, may be amended
or modified only by a written instrument signed by authorized representatives of both Parties,
provided however, no amendment or modification to this Agreement shall become effective until
approved by the Transition Administrator.
14. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted
assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable
rights under this Agreement to any person or entity, other than (i) the successors and assigns of the
Parties, and (ii) the Transition Administrator as specifically provided for in Sections 3, 4, 5, 8, 9 and
13.
Page 4 of 21
CONFIDENTIAL
15. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid, void or
unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will
be deemed severable from the remainder of this Agreement, will in no way affect, impair or
invalidate any other provision contained in the Agreement and the Parties will use their
commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant
with applicable law so as to preserve the rights and obligations of the Parties. No action taken
pursuant to this Agreement should be deemed to constitute a waiver of compliance with any
representation, warranty, covenant or agreement contained in this Agreement and will not operate or be
construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This
Agreement, together with the Schedules, constitutes the entire understanding and agreement between
the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written
agreements or understandings. This Agreement is governed by the laws of the state of Texas without
regard to conflicts of law principles thereof. This Agreement may be executed in one or more
counterparts, including by facsimile, which will be effective as original agreements of the Parties
executing the counterpart.
In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding
agreement between the Parties upon execution by the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized
representatives.
INCUMBENT: NEXTEL:
City of Lubbock, Texas Nextel Operations, Inc.
By: Y
Name: David Miller Name: WILLIAM M JFNKINT
AUTHORIZED SI GNA i
Title: Mayor Title:
ATTEST:
By: f
Rebecca G rza
City Secretary ~—
APPROVED AS TO FORINT:
By: 7i'
Mark Yea vood
Assistant ity Maaag
APPRC)VED TO F M:
By:
Matthew Plache
Attorney
Page 5 of 21
CONFIDENTIAL
Resolution No. 2007—RO340
SCHEDULE A
INCUMBENT LICENSES INVOLVED IN iPLANNING ACTIVITIES
Licensee Organization Name: City of Lubbock
Licensee City, State and Zip: Lubbock, TX 79457
800 MHz Call Signs
Call Sign Two -Letter Service Cali Sign Expiration
Code 'Date
WPFW709 YP 11/0812014
WPIQ268 I GF 04/16/2010
Page 6 of 21
Licensee Name
LUBBOCK, CITY OF
LUBBOCK, CITY OF
CONMEN TIAL
Resolution. No. 2007—RO340
SCHEDULED
STATEMENT OF WORK
All Planning Deliverables Are Due 225 Days from PFA Execution Date
Licensee Organization Name: City of Lubbock
Licensee City, State and Zip: Lubbock, TX 79457
800 MHz Call Signs
Call Sign
Two -Letter
Call Sign
Licensee Name
(one call sign per
Service Code
Expiration fate
City of Lubbock
cell)
WPFW709
YP
11/08/2014
LUBBOCK, CITY OF
WPIQ268
GF
04/16/2010
LUBBOCK, CITY OF
Summary of All Costs Table
Planning Cost
Category
Name of
internal and
Vendor Service
Provider(s)Total
Total
Internal
Costs
(not to
exceed)
Total
Vendor
Costs
(not to
exceed/firm
fixed price)
Expenses
TOTAL
(Internal
Labor
Costs +
Vendor
Costs +
Expenses)
% of Total
Cost
((Category
f Total
Estimated
Planning
Costs) x 100)
Frequency
City of Lubbock
$760.20
6%
Analysis
$7,700.20
Dailey & Wells
Communications
$6,940.00
Included
System
City of Lubbock
$7,621.89
20%
Inventory
$24,639.89
Dailey & Wells
Communications
$17,018.00
Included
Engineering
Dailey & Wells
$45,280.00
Included
$45,280.00
37%
and
Communications
Implementation
Page 7 of 21
CONFIDENTIAL
Planning
Legal Costs
Catalano &
$14,000.00
$14,000.00
10%
Associated with
Plache
Planning
Funding
Agreement
Project
City of Lubbock
$2,837.30
27%
Management
$32,339-30
Dailey & Wells
Communications
$29,502.00
Included
Total
$123,959.39
Total=100%
Estimated
Planning
Costs
Total Number of Subscriber Units (Guidelines regarding which Subscriber Units should be included in your
count appear in the RFPF Instructions on page 9): #2800
Note: Since the Fast Track Option uses a $55 per subscriber unit rate as a proxy for all other planning funding
costs, licensees are reminded to provide a reliable, good faith estimate of the number of units.
Total Cost Per Unit (Total Estimated Planning Cost/Total # Subscriber Units): $43.65
Contact Information:
Name (print): Jack Morrison
Title: Radio Shop Lead Technician
Phone Number: (806) 775-2326
Email: imorrison@xnai1.ci.lubbock-tx.us
Page 8 of 21
CONFIDENTIAL
1.0 System Description
Narrative SyEtem Descri tion:
The City of Lubbock operates a 24 channel M/A-Com EDACS trunked radio system. There is one primary site and one back
up site. The City may select one site over the other in the event of failure. There is a SCAT Site (Single Channel Autonomous
Trunking). The City operates a total of 48 channels of trunking at three sites tied to their switch.
They also operate a multi site Mutual Aid system located on 2 sites in and around the city. Each of these sites has two repeaters
operational on NPSPAC Mutual Aid frequencies. The City is licensed on FCC Call Sign WPIQ268 for the Mutual Aid sites.
The City of Lubbock also uses one of the affected channels as a single channel Motorola mobile data system. This site and its
260 users are affected by rebanding and will be part of the system change.
There are 23 separate agencies using this system. They utilize technology to allow connection to various fire facilities on VHF
channels that are tied directly to the System Switch.
As a summary;
2 Ea. 24 channel trunking sites
I Ea. Single Channel Autonomous Trunking site
1 Ea. Data site
2 Ea. Mutual Aid sites
of T rnhhnAr evetPm-
LUBBOCK P.D
TEXAS ALCOHOL AND TOBACCO TABC
LUBBOCK F.D
SOUTH PLAINS AUTO TASK FORCE
LUBBOCK PUBLIC WORKS
DEPT PUBLIC SAFETY COUNTY WIDE
CITIBUS MASS TRANSIT
PSAPS 911 DISTRICT
LUBBOCK E.O.0
REGIONAL WIDE INTEROPERABILITY
LUBBOCK COUNTY SHERIFF OFF
IDALOU PD
LUBBOCK EMS
IDALOU FD
SHALLOWATER PD
IDALOU PUBLIC WORKS
SHALLOWATER FD
COOPER ISD
NEW DEAL, PD
LUBBOCK LISD
WOLFFORTH PD
FRENSHIP ISD
WOLFORTH EMS
Table System Description:
S stem Description
Number of mobile units used for day -to -clay
communications covered by this RFPF (used
1400
to calculate per unit cost); include control
stations and SCADA units
Number of portable units used for day -today
communications covered by this RFPF
1400
Number of channels covered by this RFPF
exclude channels not to be reconfigured)
9
Number of sites to be inventoried under this
RFPF
5
Number of entities using the 800 MHz
Page 9 of 21
CONFIDENTIAL
system being reconfigured 123
2.0 Frequency Analysis
2.1 Co -channel Analysis
The City of Lubbock operates on both NPSPAC and 855MHz to 860 MHz channels. While the NPSPAC Channels do
not require a co -channel analysis, the lower channels will. DWC will analyze those proposed frequencies for co -channel
interference and include that data in its findings.
Combiner and Receiver Multi -coupler Suitability
There is legacy equipment operational at the site; these pieces of equipment are frequency sensitive. They must be
checked for compatibility with the new frequencies and this will take some engineering review.
2.2 Intermodulation Study
Dailey & Wells Communications (DWC) will conduct a two-step Intermodulation study. Step one simply considers
the frequencies in use and does not consider antenna placement, transmit powers, etc. If a significant intermodulation
problem is identified, DWC will then perform a more detailed second step to determine the degree and significance of
the interference. This second step usually requires a site survey to establish antenna and base station associations.
Estimated mitigation costs would be established and included in the rebinding scope -of -work. All work will consider
the "as -is" site environment versus the "to -be" environment.
As there is no accurate inventory of other (non -City) transmit and receive frequencies that may be present at each site,
DWC and the City must establish an inventory of frequencies and antennas for the intermodulation study through
telephone contacts and/or site surveys (when necessary). DWC will prepare a report recommending what could be done
to resolve any further performance degradation following rebanding. City personnel will assist DWC in getting to each
site.
Qualifying Scenarios
Suspected (yes/no)
Site(s) Affected
if known
Location with two or more co -site transmitters with
Yes
3
potential to impair base station receivers.
Licensee's fixed receive antenna is proximate to a
Yes
3
transmitting antenna other than your own.
Landlords or site managers of shared transceiver sites
Yes
I
requiring an analysis of the IM environment as part of
site agreements when changing transmitting
frequencies.
2.3 Other Frequency and Interference Analysis
There are no other perceived Frequency Analysis issues as yet identified.
Frequency and Interference Analysis deliverables include:
Deliverables Estimated Date of Completion
Combiner and Receiver Multi -coupler Suitability Assessment 135 days after PFA execution date
Intermodulation Study 135 days after PFA execution date
Other Frequency Analysis NIA
Page 10 of 21
CONFIDENTIAL
Internal Labor Table
Planning Cost
Start
End
Labor
Labor Rate
Cost Expenses Labor Name
Categoryfrasks
Date
Date
Hours
(Hrs x Rate)
Frequency and
Analysis
Interference
$2,637.00 Dailey & Wells
Co -channel
Analysis
Analysis
Combiner
Fixed Price
$2,568.00 Dailey & Wells
Suitability
Co -channel
Analysis
Communications
Intermodulation
Fixed Price
$1,735.00 Dailey & Wells
Combiner
Communications
Other Frequency
Suitability
Intermodulation
0 Dailey & Wells
and Interference
26
$27.15
$760.20 7Lubbck
Stud
Total Vendor Cost
Other Frequency
$6,940.00 $0.00
and Interference
Analysis
$760.20
Total Internal Cost
Vendor Labor Table
Planning Cost
Start End Labor
Labor Rate
Cost Expenses Vendor dame
Categoryrrasks
Date Date Hours
(Hrs x Rate)
Frequency and
Interference
Analysis
Fixed Price
$2,637.00 Dailey & Wells
Co -channel
Analysis
Communications
Combiner
Fixed Price
$2,568.00 Dailey & Wells
Suitability
Communications
Intermodulation
Fixed Price
$1,735.00 Dailey & Wells
Study
Communications
Other Frequency
Fixed Price
0 Dailey & Wells
and Interference
Communications
Analysis
Total Vendor Cost
$6,940.00 $0.00
3.0 System Inventory
Infrastructure Inventory
3.1 The City will use its staff., and DWC to inventory the trunking controller(s), repeaters, antenna systems and report on
the firmware, software and other affected hardware. This will include as -built system documentation and service
manuals, as well as programming hardware and software that may be affected. The City has some historical records,
which will be used when possible. It is probable that site visits will be necessary.
Subscriber Inventor
3.2 The mobile, portable and control station model information was accurate at licensing but with so many participants, a
complete inventory survey will be required to meet the TA's 5% goal. Also, the City's eventual equipment.
reconfiguration vendor (MVA -COM) may require the model and firmware to determine suitability and capability to
be re -used on the system.
System Inventory deliverables include:
Deliverables Estimated Date of Completion
Document Infrastructure Inventory Summary to Client 135 days after PFA execution date
::::]
Page 11 of 21
CONFIDENTIAL
Document Subscriber Inventory Summary to Client 1 135 days after PFA execution date
Internal Labor Table
Planning Cost
Start
End
Labor
Labor Rate
Cost
Expenses Labor Name
Categoryfrasks
Date
Date
Hours
(Hrs x Rate)
(Hrs x Rate)
System Inventory
8
IN
$33.38
$267.04
ANN!
City of Lubbock
Infrastructure
Inventory
$3,403.00 Dailey & Wells
Inventory
7
$27.15
$190.05
City of Lubbock
City of Lubbock
Subscriber
Subscriber
160
$27.15
$4,344.00
Inventory
160
$17.63
$2,820.80
Cq of Lubbock
bT,al Inlemal Cost
$7,621.89
Vendor Labor Table
Planning Cost
start
End
Labor
Labor Rate
Cost Expenses Vendor Name
Categoryffasks
Date
Date
Hours
(Hrs x Rate)
System Inventory
Infrastructure
Fixed Price
$3,403.00 Dailey & Wells
Inventory
Communications
$13,615.00 Dailey & we/is
Subscriber
Fixed Price
Inventory
Communications
$17,018.00
Total Vendor Cost
4.0 Engineerin&111711plementation Plannin
4.1 Interoperability Plannin
It is known that other 800MHz users are in the region. The City also operates on 800 MHz NPSPAC mutual aid
channels, particularly those of the surrounding Counties, and many adjacent jurisdictions. This includes
consideration of both law enforcement and fire/medical operations. Mutual -Aid, Auto -Aid agreements, talk group
assignments, and subscriber programming of all participating agencies will be collected, reviewed and analyzed.
Scheduling, technical and other coordination issues will be identified and planned. City of Lubbock channels may be
programmed into subscribers of these other agencies as well. DWC and the City will work with these other agencies,
however, it is anticipated that re -banding costs for these agencies would he provided by the other agencies.
4.2 Site Reconfiguration Planning
The City of Lubbock will use Dailey & Wells Communications (DWC) as technical support to plan the
reconfiguration and to develop an approach to the reconfiguration. City Staff and DWC will develop the technical
plan and costs for each of the four repeater sites (and system controller location) and for all participants' subscriber
units. DWC will develop a cost-effective implementation methodology to minimise disruption to licensee's and
participant's operations DWC will develop an internal transition plan and schedule. DWC will establish a general
testing plan and procedure specific to customer equipment. DWC will prepare and submit relocation cost estimates.
This estimate is based on the approach that DWC will provide a Reconfiguration Phase quote to the level of detail
and accuracy required by the TA and Sprint/Nextel, given the time available. City staff and Dailey & Wells will
develop an appropriately detailed transition and cutover plan that minimizes disruption to public safety system users.
Efforts include meetings with participating agencies and group presentations/negotiations as required. DWC will
participate in interoperability coordination meetings and is tasked with coordinating the City's reconfiguration plan
with the other cities to insure the systems remain operational and support the interoperability needs during
reconfiguration.
4.3 Retune/Reprogram/Replace Determination
Dailey & Wells will establish whether fixed and subscriber equipment must be reprogrammed, retuned or replaced
Page 12 of 21
CONFIDENTIAL
based on assistance from DWC and the manufacturers of the trunking radio system (MIA -COM) and antenna system
components. DWC will determine the cost to implement the required steps and include this information in the
deliverable. Work will include consideration of radio programming software and any and all affected test equipment.
Engineering/Implementation Planning deliverables include:
Deliverables Estimated Date of Com letion
Interoperability 'Plan 165 days after PFA execution date
Reconfi urationfTransition/Cutover Plan Report 195 days after PFA execution date
RPti mp./RPnmaramlReDlace Determination 165 days after PFA execution date
Internal Labor Table
Planning Cost
Start
End
Labor
Labor Rate
Cost
Expenses Labor Name
Categorylrasks
Date
Date
Hours
(Hrs x Rate)
Engineering/
Implementation Planning
Im lementation Plannin
e
Fixed !Price$29,410.00
$9,400.00
Dailey & Wells
Interoperability Planning
Interoperability Planning
Communications
Site Reconfiguration
Fixed
Site Reconfiguration
7
Fixed Price
$6,470.0.0
Communications
Dailey & Wells
RetunelReprogrami
Plannin
$45,280.00
Communications
Total Vendor Cost
RetuneiReprogram/Replace
Determination
Total Internal Cost
Vendor Labor Table
Planning Cost
Start
End Labor Labor Rate
Cost Expenses
Vendor Name
Categoryfrasks
Date
Date Hours
(Hrs x Rate)
Engineering)
Implementation Planning
e
Fixed !Price$29,410.00
$9,400.00
Dailey & Wells
Interoperability Planning
Communications
Site Reconfiguration
Fixed
Dailey & Wells
Planning
Fixed Price
$6,470.0.0
Communications
Dailey & Wells
RetunelReprogrami
Replace Determination
$45,280.00
Communications
Total Vendor Cost
5.0 Legal Costs (Limited to attorney's fees no project management costs)
5.1 PFA Negotiations
The legal firm of Catalano and Plache will represent the City in negotiation matters pertaining to the PFA.
5.2 PFA Contract Review
The legal firm of Catalano and Plache will represent the City in all legal matters pertaining to the PFA.
Page 13 of 21
CONFIDENTIAL
Internal Labor Table - PFA
Planning Cost
Category/Tasks
Legal (PFA)
Start
Date
End
Date
Labor Labor Rate
Hours
Cost Expenses Labor Name
(Hrs x Rate)
PFA Legal Advice
PFA Negotiations
As required
15
$350.00
PFA Negotiations
PFA Contract
Review
20
$350.00
$7,000
City Attorney
Total Internal Cost
5
$350.00
City Attorney
Vendor Labor Table - PFA
Planning Cost Start
Category/Tasks Date
Legal (PFA)
End
Date
Labor
Hours
Labor Rate
Cost
(Hrs x Rate)
$5,250
Expenses Vendor Name
Catalano & Plache
PFA Legal Advice
As required
15
$350.00
PFA Negotiations
20
$350.00
$7,000
Catalano & Plache
PFA Contract
Review
5
$350.00
$1,750
Catalano & Plache
Total Vendor Cost
$14,000
6.0 Project Management
6.1 Planning Support
DWC will manage its own staff during all phases of the planning phase of this project. DWC has experienced and
dedicated Project Managers who will oversee the entire planning phase and all of its activities.
The City of Lubbock will work with the vendor to create an implementation plan for
reconfiguration.
6.2 Negotiations Support
DWC will be involved in all phases of the negotiations with the TA and Sprint. DWC staff has unique qualifications
to understand the requirements of VIA's radio system and will bring this capability to the table during negotiations
with Sprint and the TA.
The City of Lubbock will participate in all required negotiations for planning.
Project Management deliverables include:
Deliverables
Estimated Date of Com letion
Project Plan
225 days after PFA execution date
Frequency Relocation negotiations support with documentation
reviews and revisions
As required
Planning Funding negotiations support with documentation reviews
and revisions
As required
Page 14 of 21
CONFIDENTIAL
Internal Labor Table
Planning Cost
Start
End
Labor
Labor Rate
Cost Expenses Labor Name
Categoryrrasks
Date
Date
Hours
Hours
(Hrs x Rate)
Project
Project
Management
Planning Support
80
$33.38
$2,670.40 City of Lubbock
Negotiations
Fixed Price
$21,000.00
5
$33.38
$166.90 City of Lubbock
Support
Negotiations
Total Internal Cost
i
Fixed Price
$8,502.00
$2,837.30
Support
Vendor Labor Table
Planning Cost
Start
End
Labor
Labor Rate
Expenses Vendor Name
ICost
CategoryfTasks
Date
Date
Hours
(Hrs x Rate)
Project
Management
Planning Support I
Fixed Price
$21,000.00
Dail,y & WellsCommunications
Negotiations
Fixed Price
$8,502.00
Dailey & Wells
Support
Communications
Total Vendor Cost
$29,502.00
Page 15 of 21
CONFIDENTIAL
Resolution No. 2007—RO340
SCHEDULE C
800 MHZ RECONFIGURATION
PLANNING COST ESTIMATE — CERTIFIED REQUEST
Incumbent's Name: Lubbock, City of
Request for Planning Funding
Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to fund the
following estimated planning costs:
Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Planning Cost Estimate for
Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent within 15 days
$5,609.70 (30 days if Incumbent elects to be paid by check rather than electronic funds transfer) after receipt by
Nextel of the fully executed Agreement and fully completed Incumbent Information Form (as set forth on Exhibit
1). Nextel will pay any outstanding balance of the Actual Planning Costs due to Incumbent within 30 days after the
Planning Funding Reconciliation Date (as "Actual Planning Costs" and "Planning Funding Reconciliation Date" are
defined in this Agreement).
Vendor Payment Terms: Nextel will pay each Planning Vendor an amount not to exceed the Planning Cost
Estimate for that Planning Vendor with respect to each category of work, as set forth below. Nextel will pay each
Planning Vendor within 30 days after receipt by Nextel of (A) an invoice from the Planning Vendor and (B)
Incumbent's approval of receipt of goods and services and approval of associated costs included on the Planning
Vendor invoice.
Description of Planning Work To
Be Performed
Payee (separately identify
Incumbent and each Planning
Vendor being paid for work
performed)
Planning Cost
Estimate for
Incumbent and
each Planning
Vendor (Not to
exceed listed
amount
Legal — PFA
Catalano & Plache (Vendor)
$14,000
(See Schedule B for detail)
1034 313` Street, NW, Suite 425
Washington DC, DC 20007
Attention: Matthew Plache
(202)338-1700
Frequency Analysis
City of Lubbock,TX (Incumbent)
$760.20
(See Schedule B for detail)
302 Municipal Drive
PO Box 2000
Lubbock, TX 79457
Attention: Jack Morrison
(806) 775-2326
Dailey & Wells Communications
$6,940
(Vendor)
Page 16 of 21
CQNFIDI
3440 E. Houston Street
San Antonio, TX 78219
Attention: Ed Gelsone
(210)893-6508
System Inventory
City of Lubbock,TX (Incumbent)
$7,621.89
(See Schedule B for detail)
Dailey & Wells Communications
$17,018
(Vendor)
Engineering and Implementation
Dailey & Wells Communications
$45,280
Planning(See Schedule B for detail)
(Vendor)
Project Management
City of Lubbock,TX (Incumbent)
$2,837.30
(See Schedule B for detail)
Dailey & Wells Communications
$29,502
(Vendor)
Total Estimated Planning Costs
$123,959.39
Certification
Pursuant to the Order, Incumbent hereby certifies that the funds requested are the minimum necessary to support the
planning activities to provide facilities comparable to those currently in use. Incumbent further certifies, to the best
of Incumbent's knowledge, that any Planning Vendor costs listed on Schedule C are comparable to costs that
Planning Vendor previously charged Incumbent for similar work.
Signature:
<---J-
Print Name: Markea o
Title: Assis ant City Manager
Phone Number: 806-775-2355
E-mail: myearwood@ci.lubbock.tx.us
Date: 7/26/2007
Page 17 of 21
CONFIDENTIAL
EXHIBIT 1
Incumbent Information
THE FOLLOWING QUESTIONS ARE REQUIRED FOR PROCESSING ELECTRONIC FUNDS TRANSFERS. ALL
INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY CONFIDENTIAL AND WILL BE USED
ONLY IN COMPLETION OF THE PLANNING FUNDING AND FREQUENCY RECONFIGURATION
TRANSACTION.
L INCUMBENT INFORMATION
Please provide the following information:
Company/Name: City of Lubbock
Contact: Mark Yearwood Title: Assistant City Manager
Address: PO Box 2000
City/State/Zip: Lubbock, TX 79457
Phone: 806-775-2355
Fax: 806-775-2051
If not identified in the contract, please provide thefollowing:
If Incumbent is a Partnership, please provide name, address and phone numbers of all other partners:
Name: Name:
Address:
City/State/Zip:
Phone:
Address:
Phone:
CityfState/Zip:
II. BANK ACCOUNT INFORMATION (Reg uired for ggyment via electronic funds transfer.
Name of Bank: Wells Fargo
Address of Bank: 1500 Broadway
City/State/Zip: Lubbock, TX 79401
Bank Phone #: 806-765-8861
ABA (Routing #): 121000248
Account #: 4000047951
Name on Account: City of Lubbock
Federal, State or Individual SS #: 75-6000590
Name of Brokerage Firm (if applicable): N/A
Brokerage Account # (if applicable): N/A
In the event Incumbent will not provide information for electronic funds transfer, Incumbent acknowledges that
all payments made by check will be mailed within thirty (30) days of the date of performance required by
Incumbent (for each payment) as stipulated in the Agreement.
Acknowledged by Incumbent: N/A
only if Incumbent does not want an electronic funds
Page 18 of 21
(signature required
CONFIDENTIAL
III. TAX INFORMATION
The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the transaction is exempt
from taxation (if so, it will be reported to the IRS as a like -kind exchange). Therefore, it is necessary for Nextel to collect the
information below. If you have specific questions about your tax implications in this transaction, you should consult your own
accountant or financial advisor.
Incumbent's Federal, State or Individual Tax ID #,
FEIN (Federal) or SSN (individuals): 75-6000590
State(s) -- sales tax license, resale permit,
employment, etc.):
Local (if applicable):
Current State and County location for your
principal executive office: TX, Lubbock County
If there has been more than one location for the
principal executive office within the past five (5)
years, list each such City/County/State location:
I hereby acknowledge that all of the information provided herein is true and correct as of the date signed
below. ���`Y.
Incumbent Signature:
Print .Name: Pamela Moon
Title: Director of Accounting_
Date: 712612007
Page 19 of 21
CONFIDENTIAL
EXHIBIT 2
Reconciliation Documentation
Certification of Labor Rates
[This is not signed until time for closing]
[Can use this document or the time sheet that follows]
Incumbent hereby certifies that the information provided above is true and accurate to the best of Incumbent's knowledge.
Incumbent further certifies that the reimbursed rate/s listed above have been determined in accordance with the TA's policy on
Incumbent Labor Rates as documented at
ht ://www,800ta.or /coiitent/PDF/ olic /lncumbentLaborRatePolie df.
The Incumbent acknowledges that all costs incurred and/or charged by the Incumbent are subject to audit and that the
Incumbent is prepared to provide to the TA upon request documentation to support all costs incurred and/or charged. The
Incumbent also certifies i) the rates charged for the reconfiguration of equipment [complete as appropriate] represents
established market based bill rates that the Incumbent currently charges for similar work and ii) the rates charged for other
charges such as [complete as appropriate] represents base hourly rates plus reasonable overhead rates. The Incumbent further
acknowledges that i) the Incumbent is prepared to provide to the TA with invoices issued by the Incumbent to non -related third -
party customers where the Incumbent has charged such market based bill rates for similar work and the Incumbent is prepared
to demonstrate that such invoices have been liquidated and ii) the Incumbent is prepared to provide the TA documentation to
support the actual base hourly rates and overhead rates charged by the Incumbent.
Incumbent Name:
Related Invoice Ws:
Signature:
Name:
Title:
Date:
Page 20 of 21
CONFIDENTIAL.
Time Sheet Documentation
DEAL ID
DEAL NAME
Name
Description of Activities
Actual
Hours
Worked
Actual
Hourly
Rate
$
Benefit
Load $ (if
a licable)
Total Cost $
Total
Certification
Incumbent hereby certifies that the information provided above is true and accurate to the best of Incumbent's
knowledge. Incumbent further certifies that the reimbursed rate/s listed above have been determined in
accordance with the TA's policy on Incumbent Labor Rates as certifies that the reimbursed rate/s listed above
have been determined in accordance with the TA's policy on Incumbent Labor Rates as documented at
http://www.800ta.org/content/PDF/policy/incumbentLaborRatePolicy.pdf. The Incumbent acknowledges that
all costs incurred and/or charged by the Incumbent are subject to audit and that the Incumbent is prepared to
provide to the TA upon request documentation to support all costs incurred and/or charged. The Incumbent also
certifies i) the rates charged for the reconfiguration of equipment represents established market based bill rates
that the Incumbent currently charges for similar work and ii) the rates charged for other charges represents base
hourly rates plus reasonable overhead rates. The Incumbent further acknowledges that i) the Incumbent is
prepared to provide to the TA with invoices issued by the Incumbent to non -related third -party customers where
the Incumbent has charged such market based bill rates for similar work and the Incumbent is prepared to
demonstrate that such invoices have been liquidated and ii) the Incumbent is prepared to provide the TA
documentation to support the actual base hourly rates and overhead rates charged by the Incumbent.
Signature:
** To be completed in
Name: lieu of Incumbent
Invoice AND
Certification of Labor
Title: Rates.
Date:
Page 21 of 21