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C:�N1'RACT P�� e
City of Fort Worth 800 MHz Simulcast Rebanding Project
Reconfiguration Planning and Negotiation Phase Agreement
12-15-06Fina1
Motorola, Inc. ("Motorola") and the City of Fort Worth ("Licensee" or "Customer") enter into this Reconfigui•ation
Planning and Negotiation Phase Agreement ("AgreemenY'), putsuant to which Licensee will purchase and Motorola
will sell the Reconfiguration Planning and Negotiation Phase services described below. Motorola and Licensee may be
referred to individually as a"Party" and collectively as the "Parties." Tl�is Agreement is made with reference to the
following recitals.
A. On August 6, 2004, the FCC issued Report and Order FCC 04-168 that modified its rules governing the 800
NIHz band to minimize harinful intei-ference to public safety communications systems. On December 22, 2004, the
FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. The August 6 and December 22, 2004
orders, and any supplemental orders the FCC issues which affect this agreement after the Effective Date of this
Agreement, are collectively refen�ed to as the "Order."
B. Pursuant to the Ordei•, certain liceusees of 800 MHz channels used in public safety or other systems must
relinquish their existing channels and relocate their systems to other licensed channels ("Replacement Charulels"). Also
pursuant to the Order Nextel must relinquish some of its existing chamiels and must provide and pay relocation funds
("Relocation Funds") to enable affected licensees to relocate their systems onto Replaceinent Channels and reconfigure
their systems so that tliey are "Comparable Facilities" (as defined below). Relocation Funds are to be used to pay for
the Licensee's rebanding costs, including reasonable transaction costs.
C. The FCC has appointed a Transition Adminish-ator (as defined in the Order), who is subject to the review and
oversight of the FCC, to ensure that the rebanding initiative proceeds on schedule and in a planned and coordinated
manner so that disruption to a liceusee's system is minimized. On April 21, 2005, the Transition Administrator
published a"Reconfigw-ation Handbook" and a"Quick Reference Guide," both of which describe the administrative
procedures the Transition Admnlistrator will follow to administer the reconfiguration process (including NeYtePs
responsibility to pay the Relocation Funds). In the Reconfiguration Guidebook, which was amended on June 3, 2005,
the two major phases to accomplish the reconfiguration are described as the "Reconfiguration Plamiing and Negotiation
Phase" and the "Reconfiguration Implementation Phase."
D. Licensee is an affected licensee and has selected Motorola to provide Reconfiguration Plaiming and
Negotiation Phase services.
For good and valuable considei•ation, the Parties agree as follo�vs:
Section 1 DEFINITIONS
In addition to the defiued terms above, capitalized tenns in this Agreement have the following meanings:
1.1. "Co�npai•able Facilities"� ai-e those that will provide the same level of sei•vice as the incumbent's existing
facilities, with transition to the nerv facilities as transparent as possible to the end user.''6 Specifically, (1) equivalent
� Footnote references which follow in this paragraph refer to the following clarification text:
''6 See generally, Ainendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systeins
in the 800 MHz Frequency Band, Second Report and Order, 12 FCC Rcd 19079, 19112-19113 ¶ 8995 (1997) (Upper
200 SMR Second Report and Order).
''� Our rules define cliannel capacity as tlle same number of chaunels with the same bandwidth that is cui-rently
available to the end user. See Upper 200 SMR Second Report and Order, 12 FCC Rcd 19079, 19112-li ¶ 92. See also
47 C.F.R. � 90.699(d)(2). For example, if an incumbent's system consists of five 25 kHz channels, the replacement
system must also have five 25 kHz cliamiels. Our rules do not, howevet•, mandate identical chaimel configuration. See
Upper 200 SMR Second Report and Order, 12 FCC Rcd 19079, 19112-13 ¶ 92.
Reconfiguration Planning and Negotiation Phase Servioes Agreement
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City of Fort Worth 800 MHz Simulcast Rebanding Project 12-15-06Fina1
channel capacity; Z' (2) equivalent signaling capability,52S baud rate and access time; (3) coextensive geographic
coverage; 29 and (4) operating costs.'30 If the reconfiguration of a licensee will entail a significant inten-uption of seivice
during the relocation process, Licensee will request that Nextel will fund the installation of a redundant system.'3 �
1.2. "Confidential Information" means any infonnation that is disclosed in written, graphic, verbal, or machine-
recognizable forin, and is marked, designated, labeled or identified at the time of disclosure as being confidential or its
equivalent; or if the information is in verbal fonn, it is identified as confidential or proprietary at the tiine of disclosure
and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any
information that: is or becomes publicly known through no wrongful or negligent act of the receiving Party; is already
known to the receiving Party without restriction when it is disclosed; is, or subsequently becomes, rightfully and
without breach of this Agreement, any other agreement between the Parties or any applicable protective or similar order,
in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the
receiving Party without breach of this Agi•eement; is explicitly approved for release by written autharization of the
disclosing Party; ar is released pursuant to Chapter 552 of the Texas Government Code, or by any other lawful order,
law, iule or regulation.
1.3. "Contract Price" means the price for the selected Reconfiguration Planning and Negotiation Phase services,
excluding any applicable sales or similar taxes, as described in Section 4.11.
1.4. City of Fort Worth "Customer Suitability Assessment — Motorola Products" ineans the initial assessment
services performed by Motorola to determine whether Licensee's System is suitable for updating using the Motorola
Software that has beeri especially modified for puiposes of the 800 MHz band reconfiguration. Motorola will perform a
Customer Suitability Assessment for Motorola-manufactui•ed infrasti•ucture equipment and software, Motorola-
manufactured subscriber equipment and software, or both.
1.5. "Effective Date" means that date upon which all Parties have executed this Agreement.
1.6. "Force Majeure" means an event, circumstance, or act of a third party (including Nextel and the Transition
Administratoi•) that is beyond a Party's reasonable control. An act of God, the public eneiny, a governinent entity, or
anoflier party (including another party's failure to comply with the Order ); strikes or other labor disturbances; general
unavailability of necessaiy materials; hui•ricanes, earthquakes, fires, floods, epidemics, einbargoes, �var, and riots ai-e
examples of a Force Majeure.
1.7. "Motorola Softwai-e" ineans software in object code foilnat that Motorola or its affiliated coinpany o�vns,
including any releases or software kits to reprogram radios. This Agreement does not involve any source code.
1.8. "Propi-ietary Rights" ineans the patents, patent applications, inveutions, copyrights, h�ade secrets, h-adeinarks,
trade names, mask works, know-ho�v, and other intellectual property rights. All Proprietary Rights owned by or liceused
to Motorola are and shall reinain the pi•operty of Motorola or its licensors. In addition, with respect to Motorola, this
definition specifically includes any docuinents delivered by Motorola under this Agreement or any Motorola Software
or equipment. All Proprietary Rights owned by or licensed to the Licensee and all of its vendors and subcontractors ai•e
and shall remain the property of such parties or their licensors. With respect to any documents delivered by Licensee or
its respective vendors or subconti•actors to Motorola, other than those originally provided by Motorola, Licensee oi• its
respective vendors or subcontractors shall retain any Proprietaiy Rights.
''`s See Uppei• 200 SMR Second Report and Order, 12 FCC Rcd 19079, 19ll2-13 ¶ 92. See also 47 C.F.R. ,��'
90.699(d)(2).
''9 Id.
'3o See Upper 200 SMR Second Report and Order, 12 FCC Rcd 19079, 19ll3 ¶ 94. See also 47 C.F.R. � 90.699(d)(4).
These costs will be estimated and paid as part of the relocation costs..
';� In this regard we observe that oui• definition of comparable facilities is limited to already existing facilities.
Reconfiguration Planning and Negotiation Phase Servioes Agreement
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City of Fort Worth 800 MHz Simulcast Rebanding Project 12-15-06Fina1
1.9. "Reconfiguration Planning and Negotiation Phase Services" means those services to be provided by Motorola
to Licensee pursuant to and in accordance with this Agreement, including the Statement of Work (Attachment A).
1.10. "Systetn" means the Licensee's existing 800 MHz radio communications systetn.
Section 2 SCOPE OF PLANNING AND NEGOTIATION PHASE SERVICES
2.1. SCOPE OF WORK. The Parties will perform their i•espective conh-actual responsibilities in accordance with
this Agreement. Any changes to this Agreement, including changes to the Statement of Work, must be in writing and
executed by both Parties. This Agreement sets forth the Parties' rights and responsibilities with respect to each other
concerning the agreed Reconfiguration Planning and Negotiation Phase activities only, and not the Reconfiguration
Implementation Phase activities (which, if applicable, will be governed by a separate Reconfiguration Implementation
Phase Agreement). Specifically, this Agreement does not involve the provision by Motorola of any hardware, sofrivare,
or se�vices to reconfigure the System or any part of it. Also, this Agreement sets forth the Parties' rights and
responsibilities with respect to each othei• conceining only those Reconfiguration Planning and Negotiation Phase
activities covered by the Order, and not the sale of products oi• se�vices (or any other activities) that are not part of the
800 MHz Band Reconftguration process. If the Parties wisll to conh•act for these other activities, they will do so
pursuant to a separate contract.
2.2. MOTOROLA RESPONSIBILITIES. Motorola will provide the Reconfiguration Planning and Negotiation
Phase Services as described in Attachment A, "Statement of Work."
2.3. LICENSEE RESPONSIBILITIES. Under the Report and Order, Licensee is responsible to perform or cause to
be performed all of the Reconiiguration Planning and Negotiation Phase activities, and all of the Reconfiguration
Implementation Phase activities, that are reasonable, necessary and prudent to make the Licensee's system Coinparable
Facilities. Licensee has selected Motorola to assist it ni performing the Reconfiguration Plannuig and Negotiation
Phase activities. At the appropriate time, Licensee will submit its Request for Planning Funding, any required
certifications, and any amendments thereto (if applicable) to the Ti•ansition Administrator. When Licensee sub�nits its
Request for Planning Funding to the Ti•ansition Administi•ator, it �vill also submit the Statement of Work attached to this
Agreement and the Conh-act Price infonnation. Licensee will employ commercially reasonable efforts to assist
Motorola in its provision of the Reconfiguration Planning aud Negotiation Phase Services, including providing access to
Licensee's equipment, facilities, personnel and relevant information. Licensee �vill designate a point of contact person.
Licensee has sole responsibility to detennine ��vhether the Reconfiguration Planning and Negotiation Phase activities
provided by Motorola and the Reconfiguration Implementation Phase activities satisfy the Comparable Facilities
standard.
2.4. LICENSEE-NEXTEL RELATIONSHIP. The Reconfiguration Handbook indicates that the Licensee and
Nextel will form a"Planning Funding Agreeinent and/or a"Frequency Reconfiguration Agree�nenY' collectively
referi•ed to as the Nextel Agreement which, among othei• things, sets forth Nextel's obligation to pay the Relocation
Funds. The Reconfiguration Handbook encourages a payment process by which Nextel pays Relocation Funds directly
to a Licensee's selected vendors. Licensee will ensure that the Nextel Agreeinent provides for the direct payment by
Nextel to Motorola for the Reconfiguration Planning and Negotiation Phase Seivices. Promptly after execution of the
Nextel Agreement, Licensee will provide to Motorola a copy of those portions of the contract that pertain to Motorola's
services, products, pricing and payment.
2.5. OTHER SERVICES. Nothing in this Agreement is intended to prevent or hinder Motorola fi�om contracting to
perform or perfortning for Licensee any Reconfiguration Implementation Phase services, oi• any other kind of services,
or selling any equipment or software. Nothing in this Agreement is intended to prevent or hinder Motorola fi�om
contracting to perform or pei•forming for other Licensees Reconfiguration Planning and Negotiation Phase seivices,
Reconfiguration Implementation Phase services, or any other kind of services, or selling any equipment or software.
Section 3 P�RFORI�LANCE SCHEDULE
The Parties �vill perform their respective responsibilities, taking into consideration the procedures and processes
established in the Reconfiguration Handbook. The Parties acknowledge that any scheduled performance dates are
Reconfiguration Planning and Negotiation Phase Services Agreement Page 3
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City of Fort Worth 800 MHz Simulcast Rebanding Project 12-15-06Fina1
estimates only, and various factors (such as resource availability, assistance from other parties, and product
development) may cause the scheduled perfoimance dates to change or be delayed. No Pariy will be liable for its non-
perfonnance or delayed performance if caused by a Force Majeure. A Party will notify the other if it becomes aware of
a Force Majeure that will significantly delay perfonnance. The notifying Party will give the notice promptly after it
discovers the Force Majeure. The notifying party will also make every reasonable effort to resume performance upon
the curing of the Force Majeure event.
Section 4 CONTRACT PRICE, PAYMENT AND INVOICING
4.1. CONTRACT PRICE; NON-RECOURSE TO LICENSEE.
4.1.1. Contract Price. The Conh�act Price for Reconfiguration Planning and Negotiation Phase Services in U.S.
dollars is the amount of Four Hundred Forty-Four Thousand Four Hundred Nine U.S. Dollars ($444,409.00); this price
is a firm, fixed price, subject to atry changes to the Reconfiguration Planning and Negotiation Phase Services caused by
mutually executed change orders. The Conti•act Price excludes any sales oi• other taxes, all of which will be added to the
invoices and paid except as exempt by law. Motorola is responsible for federal, state, and local taxes based on its
income or net worth.
4.1.2. Payment Non-Recow-se to Licensee. Payment of the Contract Price (and any applicable taxes and interest for
ovei•due payments) is to co�ne from Nextel; therefore, this obligation is non-recourse to Licensee. If Nextel fails to pay
Motorola, Licensee shall not be liable to pay Motorola the Contract Price (and applicable taxes or interest for overdue
payinents). Nori�ithstanding the above, if Nextel pays the Conh•act Price (and any applicable taxes and interest for
overdue payments) to Licensee rather than to Motorola, Licensee will immediately forward the payment to Motorola.
Motorola agrees to accept direct payments froin Nestel if they are unconditionally made and if Nextel clearly identifies
the applicable Motorola invoice for services provided to the City of Fort Worth. Motorola further agrees to apply these
direct payments fiom Nextel to the Conh•act Price for Planning and Negotiation Phase Services delivered to the City of
Fort Worth.
4.13. Motorola's Protections Concerning Payment by Nextel. Licensee hereby assigns to Motorola all of Licensee's
rights (including those undei• the Nextel Agreement, as applicable) to receive payment fi•om Nextel for the
Reconfiguration Planning and Negotiation Phase Services, and any applicable taxes or interest for overdue payments as
described in Section 4.1.1 of tliis Agreement; the foregoing assignment includes Licensee's rights to make a claim
against the Letters of Credit that Nextel has obtained to secure its obligations to pay Relocation Funds. Licensee retains
all rights not assigned by this Agreement. If requested by Motorola, Licensee will execute necessary documents to
effectuate this assignment provision and will take all such actions that are reasonable or necessary to promote the
proinpt payinent by Nextel to l�Iotorola. Motorola's obligation to coimnence or continue performance of t11e
Reconfiguration Plaiming and Negotiation Phase Services is contingent upon Motorola's actual receipt fi•oin NeYtel of
all payments when due. If NeYtel fai(s to make a payment when due or if Motorola reasonably believes that Ne:ctel will
fail to make a payment when due, then Motorola may stop some or all of the work upon written notice to Licensee.
Either Motorola or Licensee may provide a copy of any srop work notice to Nextel and the Transition Administrator. If
Motorola stops work under this provision, Motorola may request a change order, which changes must be approved by
Nextel, to cover the added costs attributable to stopping and re-starting the work.
4.2. INVOICING, PAYMENT MILESTONES, AND PAYMENT.
4.2.1. Invoicing. Motorola will submit correct invoices to Licensee, with a copy to Nextel, in accordance with the
following payinent milestones: 40% of the Contract Price on the Effective Date, and 40% of the Contract Price on
completion of Customer Suitability Assessment, and 20% of the Contract Price on completion of the Reconfiguration
Planning and Negotiation Phase Services. Licensee's address for invoice purposes is: Licensee may change this
address by written notice to Motorola. Upon receipt of an invoice, Licensee will promptly (but in no event longer than
7 calendar days) inspect the invoice, verify whether it correctly states the work performed, the submission of all
Documentai•y Deliverables (as defined in Section 9.1), and the Contract Price and any applicable taYes, and notify
Nextel in writing (via facsimile or priority overnight cai-rier) that Licensee approves the invoice aud accepts the
Reconfiguration Plamling and Negotiation Phase Seivices milestone (the "Approval Notification"). Licensee �vill attach
a copy of the invoice ro the Approval Notification. W11en Licensee sends to Nestel the Approval Notification, Licensee
�vill concun-ently provide to Motorola a copy of the Appi•oval Notification so that Motorola may know approxiinately
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City of Fort Worth 800 MHz Simulcast Rebanding Project 12-15-06Final
when Nextel receives it. If for any reason Licensee disapproves the invoice, Licensee will give written notice to both
Motorola and Nextel; the notice will explain the reasons for Licensee's disapproval. Motorola will promptly correct
any inaccurate invoice that Licensee disapproves, and resubmit the con•ected invoice using the same process as
described above in this paragraph.
4.2.2. Pavinent Due Date. Payment to Motorola by Nextel for approved invoices is due thirty (30) days fi•oin the date
Nextel receives the Approval Notification fi•om Licensee. Payments will be inade in the fo�-�n of a wire transfer, check,
or cashier's check fi•om a U.S. fmancial institution. Motorola's Federal Tax Identification Number is 36-1115800.
4.2.3. Mutual Cooperation. Because payment for the Reconfiguration Plamiing and Negotiation Phase Se�vices will
be made by Nextel, the payment process will require greater cooperation by the Parties than normal circumstances
would require. The Parties will cooperate with each other and provide to each other, and to Nextel and the Transition
Administrator, such information (other than Confidential Information, which is governed by Section 9.1) as is
reasonable or necessary to facilitate the prompt payment of the Contract Price to Motorola.
Section 5 REPRESENTATIONS AND WARRANTIES
5.1. RECONFIGURATION PLANNING AND NEGOTIATION PHASE SERVICES WARRANTY. For thirty
(30) days fi•oin the completion of the Reconfiguration Plaiming and Negotiation Phase Se�vices, Motorola wacrants that
these services were perfoi•med in a good and �vorkmanlike manner in accordance with standards prevailing in the
indushy. This Reconfiguration Planning and Negotiation Phase Services warranty does not cover any services or duties
perFormed or owed by Nextel, Licensee, ar any other contractor hired by thein, and it does not guaranty that Licensee's
System will be Comparable Facilities after the reconiiguration work is completed.
5.2. WARRANTY CLAIMS. To assert a warranty claiin, Licensee must notify Motorola in �vriting of the claim
before the e�piration of the �varranty period. Upon receipt of this notice, Motorola will investigate the warranty claim.
If this investigation conflnns a valid warranty claim, Motorola will (at no additional charge to Licensee) re-perform the
Reconfiguration Planning and Negotiation Phase Services. This action �vill be the full extent of Motorola's liability
hereunder and constitutes Licensee's sole remedy. If this investigation indicates the wa�Tanty claim is invalid or "out of
scope," then Motorola may invoice Licensee for responding to the claim on a ti�ne and materials basis using Motorola's
then current labor rates. Notwithstanding any reimbursement claim Licensee may have against tl�e Relocation Funds,
Licensee will pay the invoice for invalid wan•anty claims within thirty (30) days from tlie invoice date, subject to an
appropriation by the City of Fort Worth City Council.
5.3. ORIGINAL END USER IS COVERED. These express limited wan•anties are extended by Motorola to the
original end user and are not assignable or transferable.
5.4 POTENTIAL DAMAGE TO EXISTING EQUIPMENT. Licensee acknowledges that Motorola, Licensee's
einployees, or others �night unintentionally cause damage to equipment that is part of Licensee's Systein when
performing the Reconfiguration Plaru�ing and Negotiation Phase Services (the inventory, inspection or assessment
services, etc.). Other than damage to equipment caused by Motorola's intentional wrongdoing or negligence, Licensee
bears this risk of damage to equipment (unless Motorola damages the equipment and the equipment is covered by a pre-
existing Motorola wan-anty or maintenance agreement, in which case the applicable wan•anty or maintenance agreement
will govern).
5.5. DISCLAIMER OF OTHER WAR.RANTIES. THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE RECONFIGURATION PLANNING AND NEGOTIATION PHASE SERVICES
PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT
FOR THE FOREGOING WARR.ANTIES, THE SERVICES ARE PROVIDED "AS IS" AND MOTOROLA
DISCLAIMS ALL OTHER WARRf1NTIES OR CONDITIONS, EXPRESS OR IMPLIED, 1NCLUDING THE
IMPLIED WARR.ANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSEE IS RESPONSIBLE FOR, AND MOTOROLA NIAKES NO WAIZRANTY CONCERNING, THE BACK-
UP AND DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPI�IENT, OR DATA ENTRY AND
LOADING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT.
Reconfiguration Planning and Negotiation Phase Services Agreement Page 5
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City of Fort Worth 800 MHz Simulcast Rebanding Project
Section 6 DISPUTES
12-15-06Fina1
The Parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement
(except for a claim relating to intellectual property or breach of confidentiality provisions through consultation and good
faith negotiation. The dispute will be escalated to appropriate higher level managers of the Parties, if necessary. For
matters within the jurisdiction of the Transition Administrator, this procedure will be subject to the Alteinative Dispute
procedures of the Transition Adminish•ator. Each party reserves the right to obtain judicial relief for all disputes relating
to claims arising out of ar involving Proprietary Rights, Confidential Information, or breaches of contract provisions
regarding such matters. Venue for any action arising under or related to the terms and conditions of this Agreement
shall lie in state courts located in Tarrant County, Texas or in the United States District Court far the Northern Dish�ict
of Texas, Fort Worth Division
Section 7 DEFAiTLT AND TERMINATION
If a Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing
Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-
performing Party a written and detailed notice of default. The defaulting Party will have thirty (30) ca(endar days after
receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) calendar days,
to provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of
notice by the other Party that it approves the plan. If Licensee is the defaulting Party, Motorola may stop work on the
Agreement until it approves the cure plan. If a defaulting Party fails to cw�e the default, unless otherwise agreed in
writing, the non-defaulting Party may terminate auy unfulfilled portion of this Agreement and the defaulting Party will
pi-omptly return to the non-defaulting Party any of its Confidential Information. The non-defaulting Party will mitigate
damages.
Section 8 LIMITATION OF LIASILITY /INDEMNIFICATION
8.1.1 Licensee acknowledges that the limitations in this Section are integral to the Contract Price being charged by
Motorola under this Agreetnent, and that if Motorola assumed further liability other than as set forth in this Section 8,
the Conh-act Price would be substantially higher. This liinitation of liability provision applies notwithstanding any
contrary provision in this Agreement. Licensee acknowledges and agi•ees that pursuant to certain previous agi•eeinents
between Motorola and Licensee, Motorola's liability for direct damages has been limited to tlle Contract Price in their
system, equipment and services contracts witl� each other; at Licensee's request for this specific Agreement , Motorola
has agreed to make a non-precedent setting exception as follows.
8.1.2 Except for personal injw-y or death, Motorola's total liability, whether for breach of contract, warranty,
negligence, strict liability in tort, i�ldemnification, conh�ibution, or otherwise, will be liinited to:
a) other than as specified in (b) below, the direct damages incurred by Licensee and recoverable under
law, but not to exceed One Million Five Hundred Thousand Dollars (US$1,500,000), and
b) for direct damage to Licensee's tangible property to the extent caused by Motorola's negligence in the
perfonnance of this Agreement, not to exceed Four Million Dollars (US$4,000,000).
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY
AGREE THAT MOTOROLA (AND ITS SUBCONTRACTORS AND SUPPLIERS, AND THEIR OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE
TO LICENSEE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD
WILL, REVENUES, PROFITS, OPPORTUNITIES OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS
AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF PRODUCTS, EQUIPMENT
OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS
AGREEMENT. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for
incidental or consequential damages, so the above limitations or exclusions may not apply in those states.
Reconfiguration Planning and Negotiation Phase Services Agreement
Rev.10.20.05 revision
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8.2 Subject to Section 8.1, MOTOROLA SHALL BE RESPONSIBLE FOR ANY AND ALL TANGIBLE
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJ[JRY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF MOTOROLA, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND/OR SUBCONTRACTORS, IN THE PERFORMANCE OF
OR RELATED TO THE PERFOR.MANCE OF THIS AGREEMENT. IN ADDITION, MOTOROLA SHALL
DEFEND, INDEMNIFY AND HOLD CUSTOMER HARMLESS FROM AND AGAINST ANY AND ALL
LAWSUITS, CLAIMS, ACTIONS, DEMAND, LIABILITIES OR OTHER COSTS AND EXPENSES WHICH MAY
ACCRUE AGAINST CUSTOMER TO THE EXTENT THAT THE SAME ARE CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF MOTOROLA, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, AND/OR SUBCONTRACTORS. THE TERMS, CONDITIONS AND PROVISIONS OF
THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
Section 9 CONFIDENTIALITY AND PROPRIETARY RIGHTS
9.L CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide each other
with Confidential Infonnation. Any inventory report or Custoiner Suitability Assessment — Motorola Products
concerning Licensee's System, and any other document concerning the reconfiguration of Licensee's Systein that
Motorola prepares specifically for and is a promised deliverable to Licensee wider this Agreement (collectively,
"Documentary Deliverable") shall be the Confidential Infonnation of Licensee unless otherwise agreed by the Parties in
writing.
9.1.1. Non-Disclosure. Each Party will: maintain the confidentiality of the other Party's Confidential Inforination and
not disclose it to any third party, except as authorized by the disclosing Party in writing or as requu•ed by a court of
competent jurisdiction; restrict disclosure of Confidential Infonnation to its employees who have a"need to know" and
not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the
confidenriality of the Confidential Infonnation, including informing its employees �vho have access to it that it is
confidential and not to be disclosed to others, but those precautions will be at least the same degee of care that tlle
receiving Party applies to its own confidential infonnation and will not be less than reasonable care. The confidentiality
restrictions and obligations contained herein shall be in addition to any confidentiality restrictions or obligations
contained in any other agreement (whether prior to, conteinporaneous or subsequent to the date of this Agreement)
between Motorola on the one hand and tlle Transition Adininish•ator, Nextel or Licensee on the otller hand, as well any
protective order or confidentiality restrictions or rules issued by the FCC or the Transition Administrator.
9.1.2. Use. Unless otherwise provided in this Agreement, a Party may use the Confidential Information of the other
Party only in furtherance of the performance of this Agreement or any other agreement between the Parties.
Notwithstanding the pi-eceding sentence, Motorola may use the infoi•ination in auy Documentary Deliverable for its own
business purposes or to assist Licensee or its other contractors or consultants in the overall effort to plan and reconfigure
Licensee's Systein. Confidential Inforination is and will at all times remain the pi•operty of the disclosing Party, and no
grant of any propi-ietary rights in the Confidential Information is hereby given or intended, including any express or
implied license, other than the limited right of the recipient to use the Confidential Inforination in the manner and to the
extent pennitted by this Agreement or any other agreement between the Parties.
9.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Eadl party owns and retains all of its
Proprietary Rights, and nothing in this Agreement is intended to restrict, or to grant any license, to its Proprietary
Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to
Licensee the seivices retnain vested exclusively in Motorola, and this Agreement does not grant to Licensee any shared
development rights of intellectual property. This Agreement does not involve the license of any software.
9.3 Notwithstanding the foregoing, Motorola understands and acknowledges that the Customer is a public entity
under the laws of the State of Texas, and as such, all infonnation held by Customer or that customer has a right of
access to is subject to public disclosure under Chapter 552 of the Teras Government Code. Customer may be required
to disclose information that may reveal Motorola proprietary information to third parties under the Texas Government
Code or by any other legal process, law, rule or judicial order by a court of competent jurisdiction. If either Customer or
Motorola is required by law to disclose such material or information, the disclosing party will notify the other party
prior to such disclosure.
Reconfiguration Pianning and Negotiation Phase Services Agreement Page 7
Rev.10.20.05 revision
City of Fort Worth 800 MHz Simulcast Rebanding Project 12-15-06Fina1
Section 10 GENERAL
10.1 ASSIGNABILITY AND SUBCONTRACTING; WAIVER. No Party may assign this Agreement without the
prior written consent of the other Pariy. Motorola may subcontract any part of the work, but subcontracting will not
relieve Motarola of its duties under this Agreement. Motorola may not subcontract with a third party for the provision
of any services or materials whose value or cost exceeds $25,000.00 without the advance written consent of Custoiner
which consent will not be um-easonably withheld. Failure or delay by a Party to exercise a right or power under this
Agreement will not be a waiver of the right or power. An effective waiver of a right or power must be in writing signed
by the waiving Party and will not be construed as either a future or continuing waiver of that same right or power, or the
waiver of any other right or power. Any and all of Motorola's officers, agents, employees, and subcontractors inay, at
the option of Customer, be subject to a security check at any time. Customer shall have the right to require the removal
from Customer's premises any of Motorola's officers, agents, employees or subcontractors if Customer reasonably
deteimines, such individual's presence is inappropriate under the circumstances, and Motarola agrees that it will
immediately comply with and assist Customer in such removaL At Customer's request, Motorola shall promptly
provide Customer with the names, dates of birth, drivers' license numbers and other identification documents required
by Customer of Motarola's officers, agents, employees or subcontractors that will be present on Customer's premises in
order for Motorola to fulfill its obligations under this Agreement.
10.2 INDEPENDENT CONTRACTORS. Each Party is an independent contractor with respect to the other Party,
and a Party and its personnel will not be considered to be employees or agents of the other. Nothing in this Agreement
grants a Pai-ty the right oi• authority to make coimnitments of any kind for the other Party. This Agreement will not
constitute, create, or in any way be inteipreted as a joint venture, pai•tnersl�ip or fonnal business orgailization of any
kind.
10.3 INTERPRETATION OF AGREEMENT. This Agreement, including any attachments, constitutes the entire
agreement of the Parties regarding the subject inatter of this Ab•eeinent and supei•sedes all previous agreements,
proposals, and understandings, whether written or oral, relating to that subject matter. This Agreement may be ainended
or modified only by a written instrument signed by authorized representatives of the Parties. The preprinted terms and
conditions found on any Licensee purchase order, acknowledgment or other form will not be considered an amendment
or modification of this Agreement, even if a representative of each Party signs the document. The attachments are
incoiporated into and made a part of this Agreeinent. In inteipreting this Agreement and resolving any ambiguities, the
inain body of this Agreeinent takes precedence over the attachments. Section headings in this Agreement are inserted
only far convenience and are not to be construed as part of this Agreeinent or as a limitation of the scope of the
particular section to which the heading refers. This Agreement is an arm's length transaction and will be fairly
inteipreted in accordance with its terms and conditions and not far ar against a Party. If a court of competent
jurisdiction renders any pat�t of this Agreement to be invalid or otherwise unenforceable, it will be severed and the
remainder of this Agreement will continue in full force and effect as if the invalid part was not part of this Agreement.
This Agreement and the rights and duties of the parties will be governed by and inteipreted in accordance with the laws
of the State in which the Systein is installed.
10.4. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with the Order and all other applicable
federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System.
Licensee will obtain and comply with all FCC licenses and authorizations required far the installation, operation and use
of the System.
10.5. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary
approvals, consents and authorizations to enter into this Agreement and perfonn its duties under this Agreement; the
peison executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement
by the Parties, it is a valid and binding contract, enforceable in accoi•dance with its terms; and the execution, delivery,
and performance of tliis Agreement does not violate any bylaw, charter, i•egulation, la�v or any other governing authoi•ity
of the Party. Each Party i•epresents that it is fully a��vare of the terms contained in this Agreement and has voluntai-iLy
and without coercion or duress of any kind entered into this Ab-eement, having had a full and fair opportunity to seek
the advice of counsel and other professionals or consultants as its considers necessary. This Agreement may be
executed in separate counterparts, which together constitute a single agreement.
Reconfiguration Planning and Negotiation Phase Services Agreement Page 8
Rev.10.20.05 revision
City of Fort Worth 800 MHz Simulcast Rebanding Project
12-15-06Fina1
10.6. SURVIVAL OF TERMS. The following provisions suivive the expiration or tennination of this Agreement
for any reason: if any payment obligations exist, all of Section 4(Contract Price, Payment and Invoicing); Section 6
(Disputes); Section 8(Liinitation of Liabiliry); and Section 9(Confidentiality and Proprietary Rights); and all of the
General provisions in Section 10.
10.7 INSURANCE. From the Effective Date of this Agreement until completion of the project, Motorola shall
maintain, in full force and effect, a policy or policies of insurance as specified in this Section to cover risks related to
Motorola's scope of work under this Agreement. At a minimum, Motorola shall provide coverage of the types and at
the liinits specified herein:
a. Commercial General Liability: $1,000,000.00 per occurrence; $2,000,000 annual aggregate;
b. Business Automobile Liability: $1,000,000 coinbined single limit; and
c. Worker's Co�npensation: Applicable Statuto�y Limits
The insurers for all policies must be approved to do business in the Sate of Te:cas. Certificates of Insurance provided by
Motorola under this Agreement shall (i) list Custoiner as an additional pi•imaiy insured and (ii) provide that the
respective policy shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior
written notice has been give to the Risk Manager, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Tesas
76102. Motorola shall provide Custoiner with a copy of its Cei�tificate(s) of Insurance prior to the effective date of this
Agreeinent.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola
Licensee
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Reconfiguration Planning and Negotiation Phase Services Agreement
Rev.10.20.05 revision
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Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Summary of All Costs
Pursuant to the FCC's mandated 800 MHz band reconfiguration, the incumbent
licensee is required to reconfigure its Simulcast, Single Site and DataTAC systems
and requests that Sprint Nextel fund its estimated system reconfiguration planning
costs, as outlined in the table below:
Summary of All Costs
Planning Cost Name of Total Total Vendor ` Totai
Category Internal and Internal Costs Expenses
Vendor Service Costs
Provider(s)' �not ta {not to
exceed) exceed/firm
fixed price in
USD
Frequency Motorola
Analysis 46,550.00 -
System Inventory Motorola
�2,�09.00 -
Engineering and Motorola
Implementation
Planning 226,ioo.00 -
Legal Motorola
o.00 -
Project Motorola
Management 36,oso.00 -
Other Motorola
63,000.00 -
Total Estimated
Planning Costs $444,409.00 $0.00
Licensee Organization Name: Fort Worth, City of
Licensee City, State and Zip: Fort Worth, TX 76102
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Motorola 800 MHz Rebanding Project
Ciry of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Statement of Work (SOW) Supporting Request for Planning Funds
City of Fort Worth 800 MHz Public Safety Simulcast, Single Site and
DataTAC Systems
Overview
This Statement of Work consists of two major parts. The first part consists of Sections
1.0 through 6.0 which describe the work associated with planning the reconfiguration of
all three of your systems, which include Simulcast, Single Site and DataTAC. These
sections, along with the system description table may be included with your Request for
Planning Funds submittal to Nextel and the Transition Administrator. The second part
consists of Sections 7.0 through 12.0 which supports the Agreement between City of Fort
Worth and Motorola and is not required to be submitted as part of the license holders
Request for Planning Funds (RFPF).
Motorola has assembled this document, called a Statement of Work (SOW), which
provides an overview of activities performed during the initial customer interview, the
equipment assessment and the execution of the design phase of the rebanding project.
This Statement of Work describes the Reconfiguration Planning and Negotiation Phase
Services that Motorola proposes to provide to the City of Fort Worth. This SOW is not a
detailed reconiiguration speciiication and is not intended for use in a solicitation for
services by the City of Fort Worth. The specific details of the City of Fort Worth's 800
MHz Simulcast, Single Site and DataTAC systems are in the System Description below.
1.0 Svstem Description
Citv of Fort Wortl: nrovi�le�l svstem �escrintion c�ncl nl�cnrrina f•epzrirefnents for
the 800MHz Sinzcrlcast and Sin,�le Site svstems
The City of Fort Worth has a relatively large and complex trunked radio system
with approximately 9,000 iield users that supports over 18 other Cities and
agencies in and around the Tarrant County area.
The City of Fort Worth System consists of two NPSPAC voice radio systems: the
Public Safety Trunked Radio System is a five site 20 channel simulcast system,
and the Local Government Trunked Radio System is a single site 20 channel
system. Each of these systems provides back-up to the other. Additionally, these
systems connect to 49 radio consoles located in six separate dispatch centers.
These consoles connect to the five conventional mutual aid channels. The City of
Fort Worth employs a Mobile Emergency Communications Trailer to provide
support for mission critical needs in and around the Tarrant Counry area.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Sfatement of Work 12. 95.06
The City of Fort Worth Public Safety Community currently demands and receives
a very high level of system reliability and performance. The City has very
consciously invested a considerable amount of money, time and resources to
make the Public Safety Communications Systems as robust and reliable as
possible, including but not limited to:
• A complete redundant hot standby communications operations center
• Two prime site controllers with automatic switching capability taking
approximately five seconds
• Full digital microwave radio interconnect system in a ring configuration
with demonstrated greater than five 9's performance
• SIMS/CAD interface that allows for radio emergency button activations to
be passed along to the CAD operators
Due to the reliability and performance of the Public Safety Communications
Systems, the rypical end field user is not used to dealing with system outages or
failures.
In addition to the reliability and performance of the City of Fort Worth Public
Safety Communications Systems, the City of Fort Worth also has a tremendous
level of interoperabiliry. This interoperability is not only amongst the various
cities and agencies using the City of Fort Worth Public Safety Communications
Systems but also with other local Public Safety Communications Systems such as
Arlington, NETCO (North East Tarrant County Consortium consisting of the
Cities of Colleyville, Euless, Southlake, Keller, Grapevine, Bedford), Mansfield,
Grand Prairie, Denton County, City of Denton, DFW International Airport, and
City of Irving. This level of interoperability must be fully maintained at all times.
Because of the mission critical need to maintain full operational status, system
availability levels and standards, interoperability, Mutual Aid Agreements,
Automatic Aid Agreements, etc., the City of Fort Worth has determined that
Motorola must examine the option of implementing rebanding through an
overbuild solution. The overbuild may provide the features and capabilities of the
current system, allowing the various cities and agencies to transition to the new
spectrum over a period of weeks after the infrastructure has been implemented
and commissioned.
The purpose of this initial assessment is to determine whether an overbuild is
needed in order to meet operational requirements and comparable facilities during
the reconfiguration process. This assessment should take into account, at the
minimum, the current radio system configuration, layout, operational
characteristics; interoperability requirements, redundancy, and other factors
required to reasonably make this determination.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12. 95.06
Table 1- Citv of Fort Worth's 800 MHz Simulcast Svstem Frequencies and Call
Si�ns
TX Fre Rx Fre Call Si n CntWoice
867.8375 822.8375 WNXE704 CntlNoice
867.7125 822.7125 WNXE704 CntlNoice
867.8875 822.8875 WNXE704 Cntl/Voice
867.7625 822.7625 WNXE704 CntlNoice
867.6625 822.6625 WNXE704 Voice
867.3375 822.3375 WNXE704 Voice
867.2125 822.2125 WNXE704 Voice
8673875 822.3875 WNXE704 Voice
867.2625 822.2625 WNXE704 Voice
8671625 822.1625 WNXE704 Voice
866.8375 821.8375 WNXE704 Voice
866.7125 821.7125 WNXE704 Voice
866.8875 821.8875 WNXE704 Voice
866.6875 821.6875 WNXE704 Voice
866.6625 821.6625 WNXE704 Voice
866.3625 8213625 WNXE704 Voice
866.2125 821.2125 WNXE704 Voice
866.3875 8213875 WNXE704 Voice
866.2875 821.2875 WNXE704 Voice
866.1625 821.1625 WNXE704 Voice
866.0125 821.0125 WNXE704 Conv
866.5125 821.5125 WNXE704 Conv
867.0125 822.0125 WNXE704 Conv
867.5125 822.5125 WNXE704 Conv
868.0125 823.0125 WNXE704 Conv
Table 1 A- Citv of Fort Worth's 800 MHz Single Site Svstem Frequencies and Call
Si�ns
Tx Fre R1c Fre Call Si n CntWoice
867.8625 822.8625 WNXE704 CntlNoice
867.8125 822.8125 WNXE704 CntlNoice
867.7875 822.7875 WNXE704 CntUVoice
867.7375 822.7375 WNXE704 CntlNoice
867.6875 822.6875 WNXE704 Voice
867.3625 8223625 WNXE704 Voice
867.3125 8223125 WNXE704 Voice
867.2875 822.2875 WNXE704 Voice
867.2375 822.2375 WNXE704 Voice
867.1875 8221875 WNXE704 Voice
866.8625 821.8625 WNXE704 Voice
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
866.8125 821.8125 WNXE704 Voice
866.7875 821.7875 WNXE704 Voice
866.7375 821.7375 WNXE704 Voice
866.7625 821.7625 WNXE704 Voice
8663375 8213375 WNXE704 Voice
8663125 821.3125 WNXE704 Voice
866.2625 821.2625 WNXE704 Voice
866.2375 821.2375 WNXE704 Voice
866.1875 821.1875 WNXE704 Voice
Table 2. City of Fort Worth's 800 MHz Simulcast System Description
Type of Technology Simulcast
Nuinber of RF Sites impacted by 6
Rebanding
Number of Dispatch Sites impacted by 6
Rebanding
Number of Network Management Sites 5
impacted by Rebanding
Total Quantity of Channels in Simulcast 20
System
Total Quantity of Conventional Channels 5
Total Quantity of RF Base Stations 119
Number of Control Channels impacted 4
by Rebanding
Number of Failsoft Channels impacted 20
by Rebanding
Nuinber of subscriber units on impacted 8014
Failsoft Channels
What is the transmitter combining 5 Combiners per site; size varies by site, 4
scheme and 6 channel combiners
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Table 2 A. City of Fort Worth's 800 MHz Sin�le Site Svstem Description
Type of Technology Single Site
Number of RF Sites impacted by 1
Rebanding
Number of Dispatch Sites impacted by 6
Rebanding
Number of Network Management Sites 5
impacted by Rebanding
Total Quantity of Channels in Single Site 20
System
Total Quantity of RF Base Stations 22
Number of Control Channels impacted by 4
Rebanding
Number of Failsoft Channels impacted by 20
Rebanding
Number of subscriber units on impacted 8014
Failsoft Channels
What is the transmitter coinbining scheme 5 Combiners per site; size varies by site, 4
and 6 channel combiners
Table 3. City of Fort Worth's S00 MHz Simulcast Subsystem Descriptions
MOSCAD Fire Alerting / Waste Water Management / Other Not Applicable
applications
NPSPAC Conventional Repeaters 5
Underground sub system networks (Beyond the scope of normal BDA 0
applications such as mines, railway systems, emergency
communications facilities)
Other 0
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Table 3 A. City of Fort Worth's 800 MHz Single Site Subsystem Descriptions
MOSCAD Fire Alerting / Waste Water Management / Other Not Applicable
applications
NPSPAC Conventional Repeaters 5
Underground sub system networks (Beyond the scope of normal BDA 0
applications such as mines, railway systems, emergency
communications facilities)
Other 0
Table 4. CitY of Fort Worth's 800 MHz Simulcast Interoperability Descriptions
Other non-licensee users and subscriber quantities ,
This is a ca�stomer• provi�led, non-ar�clited, i�zventory estimate for purposes of qacoting.
Mobile Portable Cntl Sta
Bureau of En avin & Printin 0 5 1
Burlin ton Northem Santa Fe RR 5 1 0
Care Flite 8 2 0
Forest Hill Fire 11 11 0
Forest Hill Police 13 31 0
Fort Worth Inde endent School Dist. 0 38 1
Haltom Ci Fire/Police De t. 62 125 14
Hurst 0 0 1
Kennedale Police / Fire 18 51 8
Medstar & EPAB 48 116 12
North Richland Hills Police / Fire 108 202 8
Richland Hills Police / Fire 18 33 3
Southlake 0 8 0
Tarrant County Sheriff and Others 194 1086 24
Media FOX TV 4 6 2 0
Media KV I'V 11 5 5 0
Media WFAA 8 7 0 0
Media KRLD RADIO 1 0 0
Media STAR TELEGRAM 0 4 1
TXU Texas Christian Universit Police 7 30 2
Texas Alcohol Bevera e Commission 0 12 0
UNT Health Science Center 7 20 0
Watau a 1 0 0
White Settlement Police / Fire 1 0 0
The "T" Trans ortation Authori 268 54 0
Total 788 1836 75
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Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Table 4 A. City of Fort Worth's 800 MHz Single Site Interoperabilitv Descriptions
Other non-licensee users and subscriber quantities
This is a customer provided, non-attclited, inventory estimate for pttrposes of qtioting.
Mobile Portable Cntl Sta
Bureau of En avin & Printin 0 5 1
Burlin ton Northern Santa Fe RR 5 1 0
Care Flite 8 2 0
Forest Hill Fire 11 11 0
Forest Hill Police 13 31 0
Fort Worth Inde endent School Dist. 0 38 1
Haltom Cit Fire/Police De t. 62 125 14
Hurst 0 0 1
Kennedale Police / Fire 18 51 8
Medstar & EPAB 48 116 12
North Richland Hills Police / Fire 108 202 8
Richland Hills Police / Fire 18 33 3
Southlake 0 8 0
Tarrant Count Sheriff and Others 194 1086 24
Media FOX TV 4 6 2 0
Media KVTV 11 5 5 0
Media WFAA 8 7 0 0
Media lCRI..D RADIO 1 0 0
Media STAR TELEGRAM 0 4 1
TXU Texas Christian Universit ) Police 7 30 2
Texas Alcohol Bevera e Corrunission 0 12 0
iJNT Health Science Center 7 20 0
Watau a 1 0 0
White Settlement Police / Fire 1 0 0
The "T" Trans ortation Authori 268 54 0
Total 788 1836 75
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Table 5. Simulcast Svstem Inventory
This is a czrstomer provided, non-auclitecl, inventory estimate for purposes of c�uoting.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Table 5 A. Sin�le Site System Inventory
This is a cz�stomer provided, fZon-attdited, inve�atory estimate for pzcrposes of qtioting.
Citv of Fort Wortlz providecl DataTAC svstem description and plannin�
repuirements
The City of Fort Worth has a Motorola DataTac Mobile Data System that is utilized by
the City of Fort Worth Police Department, City Marshals, and Fire Department for the
purpose of Computer Aided Dispatching, unit-to-unit messaging, TLETS/NCIC access,
AVL tracking, etc. One of the channels for the Data System is in the expansion band and
the City has elected to include this channel in the rebanding effort that will already be
occurring at the City.
The system is an eight-channel MFR RDLAP system operating from five sites. The City
also has a Mobile Emergency Communications Trailer that is capable of being deployed
to support any one of the iive sites. The system design took into consideration the need
for reliability and redundancy, and includes two Radio Network Controllers that operate
in hot-standby mode even though their locations are physically separated by several
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 92.15.06
miles. There are 10 data base stations in the system, and approximately 1,270
MDCsNRMs.
It is expected that the inventory/reprograrnming of the MDCs/VRMs would occur at the
same time the vehicles are processed for the rebanding of the mobile voice radios in order
to minimize the operational impact of the PD, Marshals and FD equipment and
personnel.
Table 1 B- Citv of Fort Worth's 800 MHz DataTAC Svstem Frequencies and Call
S1ariS
TX Fre Rlc Fre Call Si n CntUVoice
860.4375 815.4375 KNGD801 DataTAC
Table 2 B. Citv of Fort Worth's 800 MHz DataTAC System Description
Type of Technology DataTAC
Number of RF Sites impacted by
Rebanding 6
Total Quantity of Channels in
DataTAC System 10
What is the transmitter combining 5 Coinbiners per site; size varies by site, 4 and 6
scheme channel combiners
Table 3 B. City of Fort `Vorth's 800 MHz DataTAC Subsystem Descriptions
MOSCAD Fu•e Alerting / Waste Water Management / Other Not Applicable
applications
NPSPAC Conventional Repeaters 5
Underground sub system networks (Beyond the scope of normal BDA 0
applications such as mines, railway systems, emergency
communications facilities)
Other 0
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12. 95.06
Table 4 B. DataTAC System Inventory
This is a ctrstomer providec� non-audited, inventory estimate for purposes of qacoting.
Total number of Tx/R�c sites in the s stem 6
Total number of Base Stations / Re eaters in S stetn to be rebanded includin conventional 10
Total number of Transmit Combiners in S stem 6
Number of Antennas that need re laced 0
Number of mobile / ortable data devices 1270
Number of Intero erabilit Users - Devices 0
Total number of R�c Multicou lers in S stem 6
Number of RNCs 2
Number of WNGS 0
Number of Host API connections 6
Total Number of all other Stations (not including rebanded stations) on ALL sites for IM/TNRD
Stud 300
1.1 Performance Schedule
Motorola will begin the reconfiguration planning and schedule the first
lcick off meeting with the City of Fort Worth within 21 calendar days after
receipt of a Purchase Order and/or a signed contract authorizing the work.
A detailed schedule to complete the planning and deliver a fixed price
proposal to do the system reconf'iguration will be developed as a result of
the initial project meetings. Once this schedule is completed it will be
agreed to by the City of Fort Worth and Motorola and it can be submitted
as an addendum to the Request far Planning funding to Sprint-Nextel and
the Transition Administrator. Provided there are no significant delays it is
estimated that the work will be completed in 3.7 months after the kickoff
meeting. Motorola will malce every attempt to use local resources but
maintains the option of utilizing external resources.
2.0 Frequency Analysis
2.1 Co-channel Analvsis
A Co-ChanneUAdjacent Channel Study will be performed based on
Region 40 requirements. That requirement is a 50 mile perimeter study.
The study will cover the City of Fort Worth's 5 site system. Motorola will
produce calculations and a report based on regulatory contours. This
report will contain the site engineering calculations, adjacent channel
interference calculations, etc. per the Region 40 guidelines.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
2.2 Combiner and Receiver Multi-couUler Suitabilitv
Motorola will review and evaluate the proposed new frequencies to
determine if they will operate in the existing combiner and multi-coupler.
If it is found that modifications (retuning and/or replacement with new
cables) or replacements are needed, Motorola will determine the cost for
those modifications or replacements.
2.3 Intermodulation Study
IM/TNRD Study - Motorola will perform inter-modulation, transmitter
noise and receiver desensitization studies to identify harmful RF emissions
and interactions at each RF site. Motorola will provide a report and
recommendation to the City of Fort Worth. If the proposed frequencies
cannot be effectively used at the appropriate sites, Motorola will notify the
City of Fort Worth.
The IM/TNRD studies performed and provided by Motorola system
engineering will be �erformed in context of a paper study. Analysis will
be provided up to 5` harmonic. IM analysis will be conducted utilizing all
known transmit frequencies at each location. Motorola will determine if
TNRD calculations are necessary based on the results of the detailed
rebanding equipment inventory.
Further detail will be provided as part of the Planning effort.
Frequency Analysis deliverables include:
Deliverables Estimated Date of ;
Com letion
Co-channel analysis report for reconfiguration proposal 3.7 months after kick-
off ineeting
Combiner and Receiver Multicoupler Suitability report for 3.7 months after kick-
reconfiguration proposal off ineeting
Intermodulation and transmitter noise/receiver desensitization 3.7 months after kick
analvsis renort for reconii�uration proposal meetine
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Vendor Labor Table
3.0 Svstem Inventory
3.1 Infrastructure Inventorv
Motorola will conduct the FNE inventory as required to perform an
accurate Suitability Assessment. The 800 MHz fixed network equipment
(FNE) must be audited and current-state suitability assessments made to
determine if software/hardware/firmware/etc, upgrades are necessary prior
to reconfiguration. The assessment includes manufacturer information,
software versions, system platform release versions and hardware
coniiguration. Results of the suitability assessment and audit will
determine what FNE will be retuned, reprogrammed, or replaced and the
effort required performing this work. Additionally, Motorola will analyze
the impact the new frequency plan will have on the City of Fort Worth's
existing multi-coupler and combiner systems and determine if retuning or
replacement, of any frequency sensitive components, is necessary. The
inventory/audit will be comprehensive and all-inclusive, including all
equipment potentially impacted by the rebanding effort. Furthermore,
because of the anticipated overbuild, this inventory/audit will include, but
not be limited to the assessment of: combiners, multi-couplers, tower
capacity, shelter capacity, power capacity, etc. The proposed
solution/configuration when implemented must meet ar exceed Motarola's
R56 Standards and Guidelines for Communication Sites regarding
tower/site construction.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
3.2 Subscriber Inventory
Subscriber device inventories must similarly be examined to determine
reconfiguration requirements. Motorola will inventory subscribers to
elicit necessary information. Motorola will evaluate the inventory and if
necessary, examine a sample of the fleet to determine which units will
require retuning, reprogramming or replacement. Customer provided
inventories must include unit family name and model number for
evaluation. Non Motorola subscribers must also be identified and
inventoried by model and serial number only.
Motorola will provide the product of the inventory in EXCEL format. The
inventory process will be identified during initial meetings of the planning
phase.
Motorola understands the detailed inventory and design effort will take
place on an operational radio communications system and that unplanned
interruptions to dispatch operations ar radio system functionality are not
acceptable. Motorola, with its networlc of authorized service centers and/or
third-party subcontractors will do everything possible to minimize
disruption to dispatch operations or radio system functionality. Any
required changes to daily operations will be planned in advance and
agreed upon by the City of Fort Worth and all applicable parties.
Based on this preliminary information about your system inventory listed
below, a price was developed for planning the system Rebanding process.
This information is based on Motorola's understanding of the Ciry of Fort
Worth's system. Any variance to subscriber count above 5% to this
inventory information which results in a scope of work or schedule change
will need to be addressed via a change order.
The inventory services are limited to the equipment impacted by
rebanding for the City of Fort Worth's system. Please refer to the System
Description for unverified inventory estimates.
System Inventory deliverables include:
`Deliverables Estimated Date of
Com letion
Infrastructure inventory report for reconfiguration 3.7 months after kick-off
ro osal meeting
Subscriber inventory report for reconfiguration 3.7 months after kicic-off
ro osal meeting
Subscriber assessment report for reconfiguration 3.7 months after kick-off
ro osal meeting
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Vendor Labor Table
4.0 Engineerin�/Implementation Plannin�
4.1 Interoperability Plannina
Interoperability partners are identified in the table below. The interoperability
requirements will be defined as a product of this planning.
Table 6. City of Fort Worth's 800 MHz Simulcast and Single Site Interoperability
A�encies
Arlin ton
Azle
Bedford
Benbrook
Blue Mound
Bureau En avin & Printin
Burleson
Burlin ton Northem RR
Care Flite
Colle ville
Crowle
Denton Cit
Denton Count
Dalworthin on Gardens
DFW International Ai ort
Ed�ecliff VillaQe
Euless
Evennan
Flower Mound
Forest Hill
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Fort Worth
FW ISD
FW The "T" Trans ortation
Grand Prairie
Gra evine
Haltom Cit
Haslet
Hurst
Irving
Keller
Kennedale
Lakeside
Lake Worth
Mansfield
Medstar
Newark
North Richland Hills
Pante o
Pelican Ba
Reno
Richland Hills
River Oaks
Roanoke
Sa inaw
Sansom Park
Southlake
Tarrant County
TCU PD
Tro h Club
UNT PD
UTA-Arlin ton
Watau a
Westlake
Westover Hills
Westworth Villa e
White Settlement
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Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
Table 7. City of Fort Worth's 800 MHz Simulcast and Sin�le Site Interoperabilitv
Table
Adjacent jurisdictions / other licensees with Preliminary Estimate is 8 systems
interoperable agreements with this system with 14,500 users
owner. Quantities of radios in use on the
adjacent system impacted by the change of
frequencies on this system
Any special customer requirements we are City of Fort Worth wants to have the
aware of that the customer would want interoperable area with multiple
included. systems rebanded as one effort to
avoid multiple reprogramming efforts.
Any additional information that is relevant to City of Fort Worth wants to have the
calculate a cost for retuning the system. interoperable area with multiple
systems rebanded as one effort to
avoid multiple reprogramming efforts.
4.2 Site Reconfiauration
Motorola will generate a Reconfiguration Design and Detailed Plan which
will consist of at a minimum Methods of Procedures, cut over plans and
system test plans.
Motorola will review plans with the City of Fort Worth. The plans will
adhere to the City of Fort Worth's change management and change control
policies, procedures, and methodologies. These procedures with full definition
will be made available to Motorola prior to the actual planning effort.
o Generate Methods of Procedures (MOP)
Methods of Procedures are the process steps, timeline, measurable
deliverables, resources needed and cutover steps. Contingency planning
required to effectively reband the City of Fort Worth system in the least
disruptive manner will be provided. The MOP also includes the
cutover plan from the current frequencies to the new ones, and includes
the process for the tracking of reprogramming, retuning, and replacing
impacted equipment. Motorola will develop the Method of Procedures
agreeable to the City.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
o Cutover and Fall-back Plan
Develop and define the cutover plan to ensure consistent operation of
all system functionality including backup, redundancy,
interoperability, etc. throughout the rebanding reconfiguration.
o Baseline and Acceptance Test Plan
• Develop with the City of Fort Worth baseline and acceptance test
plans to demonstrate comparable facilities while maintaining full
operational status in the opinion of the City of Fort Worth.
• Baseline Test Plan includes the initial testing to determine system
functionality prior to the start of rebanding.
• Motorola will collect and provide baseline RF data on the equipment
which will be rebanded. This data will be collected before and after
rebanding.
• Motorola will collect coverage baseline data before rebanding, and
will collect verification data after rebanding is completed. The details
of this test will be developed with the City of Fort Worth during the
rebanding design phase.
• Motorola will conduct a functional verification test of system features
to confirm that all features presently available to the City of Fort
Worth function properly after rebanding.
• Motorola will conduct an interoperability verification test to determine
that the existing level of interoperability with other agencies is
maintained after rebanding.
4.3 Retune/Reproaram/Replace Determination
Suitability Assessment - Motorola will conduct a detailed inventory of the
City of Fort Worth's equipment. This inventory will be used to determine
the suitability of the equipment for rebanding. This inventory will become
property of the City of Fort Worth. This evaluation of the infrastructure
and subscriber equipment will provide a retune, reprogram, upgrade or
replace decision for each piece of equipment in the system that is affected
by rebanding. Activities include:
➢ Formatting the Motorola provided inventory data
for assessment. Motorola will provide the Inventory Data
in Microsoft Excel Format.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 92.15.06
➢ Engineering analysis of Suitability Assessment
report.
➢ Equipment list generation of required kits, software and
or upgrades required by each piece of equipment to be
reconfigured
➢ Equipment list generation along with configuration of
equipment to be replaced
Engineering/Implementation Planning deliverables include:
Deliverables Estimated Date of
Com letion '
Interoperability plan section of reconfiguration proposal 3.7 months after kick-
off ineetin
Develop Methods of Procedures far equipment to be 3.7 months after kick-
reconfigured for reconfi uration ro osal off ineetin
Develop and document cutover and fallback plans to be 3.7 months after kick-
included in the reconfiguration proposal off ineeting
Develop and document baseline and acceptance test plans to be 3.7 months after kick-
included in the reconfi uration ro osal off ineetin
Suitability assessment report for inclusion in the 3.7 months after kick-
reconfi ration ro osal off ineeting
Vendor Labor Table
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
5.0 Proiect Management
5.1 Plannin� SupUort
Motorola shall assign a project manager acceptable to Customer, who is
authorized to exercise technical direction of all duties and obligations of
Motorola and Motorola's subcontractors under this Agreement. Motorola
agrees to meet and consult with Customer before designating a new or
alternate proj ect manager. Motorola's proj ect manager shall have authority
to negotiate changes in or amendments to this Agreement on behalf of
Motorola. In addition, any and all of Motorola's officers, agents,
employees, and subcontractors may, at the option of Customer, be subject
to a security check at any time. Customer shall have the right to require
the removal from Customer's premises any of Motorola's officers, agents,
employees or subcontractors if Customer reasonably determines, such
individual's presence is inappropriate under the circumstances, and
Motorola agrees that it will immediately comply with and assist Customer
in such removal. Motorola may request a reasonable time extension if such
a change is required. At Customer's request, Motorola shall promptly
provide Customer with the names, dates of birth, drivers' license numbers
and other identification documents required by Customer of Motorola's
officers, agents, employees or subcontractors that will be present on
Customer's premises in order for Motorola to fulfill its obligations under
this Agreement.
Motorola Project Manager will oversee the project plan for the rebanding
effort to ensure a smooth execution of all deliverables and that the
requirements of the Ciry of Fort Worth are fully met. The project
manager will participate in all major activities associated with the
reconiiguration planning activities described in this Statement of Work.
The Project Manager will coordinate with the City of Fort Worth,
Motorola's MSS (Motorola Service Station) and any subcontractor or
other third-party arganization participating in this work to keep this effort
within the agreed upon schedule. Activities such as project meetings,
obtaining and evaluating subcontractor quotes, monitoring subcontractor
and project team performance will be performed by the Motorola Project
Manager.
5.2 Ne�otiations Support
Where needed, Motorola will review the details of the (rebanding)
reconfiguration design and plan and subsequent Statement of Work which
may be required from Nextel or the Transition Administrator.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15. 06
Project Management deliverables include:
Deliverables Estimated Date of Completion
Execute Project Plan 3.7 months after kick-off ineeting
Vendor Labor Table
6.0 Other
Deliverables listed below are related to special considerations and / or related sub-
systems impacted by the reconfiguration of the licensee's system.
Motorola and the City will gather data and perform an analysis aimed as assessing
whether a system overbuild will be required to implement reconfiguration. The
assessment and analysis together with supporting data will be provided to the Ciry in
written Form. If a system overbuild is recommended, the written assessment and analysis
will be used to support a change order, pursuant to Section 5 of the Planning Funding
Agreement, aimed at funding the development of a system overbuild plan.
Other deliverables include:
Deliverables ' Estimated
Date of
Com letion
Provide Design hours and PM hours to specifically develop an 3.7 months
Overbuild System Design. after kick-ofF
meeting
Provide Design hours and PM hours to specifically develop an 3.7 months
Overbuild System Design. after lcick-off
meeting
Provide a written technical assessment together with supporting data 2 months after
that analyzes the issue of whether an Overbuild System will be kick-off
required meeting
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statemenf of Work 12.15.06
Vendor Labor Table
Planning Cost Start �nd Lahor Labor Cosf Expenses Vendor
Category/Tasks Date Date Hours Rate (Hrs s Name
Rate
ot����� t�Y ���,�j
Overbuild System
Design Engineer 80.00 $175 14,000.00 Motorola
Overbuild System
Design Project
Mana er 280.00 $175 49,000.00 Motorola
Total Vendor Cost 360.00 �63,000.00
7.0 The Citv of Fort Worth Schedulin� and Access Requirements
The City of Fort Worth operates on a 24-hour, 7-day per week basis. Diligent
coordination to gain access to radio equipment will be required. It is understood
that the effort required to prepare the inventory and design may occur on different
shifts and/or times during the week, other than a normal 7:30 AM to 4:00 PM
business day. Weekend worlc may also be a component of this effort. Working
with the City of Fort Worth to ensure optimum cooperation will be essential to
effectively and efficiently execute the rebanding project.
The City of Fort Worth must provide reasonable access to all City of Fort Worth
remote site locations where fixed station equipment is located. City of Fort Worth
will act as a liaison to facilitate reasonable access to any non-City of Fort Worth
site locations. Any escort-required locations must be coordinated in advance by
the City of Fort Worth to facilitate access to restricted areas. Any required
identification cards must be provided by the City of Fort Worth to rebanding
personnel as needed to work in any area in which an authorized ID card is
required. Motorola must provide full names, date of birth, and driver's license
numbers with the understanding that the City will run a limited background check
before authorized ID cards are provided. ID cards must be surrendered to the
City on the City's demand or upon completion of the project.
8.0 Motorola En�ineerin� & Technical Services
Throughout the effort required to correctly assess the system requirements for
rebanding, Motorola will support the requirements employing the experience of
its iield and systems engineering resources. In addition, many of Motorola's
product organizations and upgrade operations team will support the project with
specific knowledge on products and procedures to ensure the success of the
project.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
9.0 Local Service Support
Motorola will utilize its authorized service center network and/or approved third
pariy contractors to assist in Preparation of Estimate Inventory and evaluation of
fixed infrastructure and other related system equipment. All service center and
third party contractors will be approved by the City.
9.0 Notification and Conditions for Work
Motarola will notify the City of Fort Worth's assigned point of contact a
minimum of five (5) business days prior to starting any work on the system which
may cause an expected or possible disruption. Motorola will commence work at
the designated location only after the City of Fort Worth has notified Motorola
with instructions to proceed.
9.1 Delays
Successful project implementation will require cooperation and fairness
between the parties. Because it is impractical to provide for every
contingency that may arise during the course of performance of this
Agreement, the parties agree to notify the other in writing if they become
aware that any condition will significantly delay performance. The parties
will agree to reasonable extensions of the project schedule by executing a
written change order that may, or may not, have a fmancial unpact.
Under no circumstances will either party be responsible for delays or lack
of performance resulting from events beyond the reasonable control of that
party (excusable delays). Such events include, but are not limited to, acts
of God, weather conditions, compliance with laws and regulations
(excluding Customer's failure to properly and timely apply far all required
FCC licenses), governmental action, bid protests, fire, strikes, lock-outs,
and other labor disruptions, material shortages, riots, acts of war, and an
excusable delay of a Motorola subcontractor.
Customer will make available to Motorola the sites when scheduled and
Customer will not otherwise unreasonably delay ar prevent Motorola's
performance of its responsibilities. If either party materially delays
performance under this Agreement, Motorola and Customer shall discuss
the reasons for the particular delay and negotiate in good faith a solution
to address such delay and will execute a written change order that may, or
may not, have a financial impact, if appropriate.
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15. 06
10.0 Motorola and the City of Fort Worth Responsibilities
Motorola Responsibilities
Motorola will be responsible for the following:
• Providing a� designated Project Manager to coordinate all the resources
and work to be performed by Motorola and to be the primary point of
contact for the City of Fort Worth.
• Scheduling project meetings with the City of Fort Worth at the project's
start execution of the project contract deliverables and to coordinate
ensuing project activities with all Motorola and the City of Fort Worth
resources.
• Providing engineering services in designing the agreed upon deliverables
as developed in this proposal.
• Providing the City of Fort Worth with regular schedule and progress
updates.
• Motorola will provide a detailed design and transition rebanding plan
that will include at a minimum:
➢ Fixed Network Equipment Inventory and Requirements
➢ Subscriber Inventory and Requirements
➢ Suitability Assessment Results
➢ Sample Templates
➢ Cutover Plan
➢ Finalized Design, Plan and Equipment List
➢ Scope of Work
➢ Frequency Analysis
➢ Detailed Design Review
The Citv of Fort Worth Responsibilities
The City of Fort Worth will be responsible for the following:
• Provide a signatory who has authority to sign all appropriate project
documents required for this project and any other agreements required.
• Upon receipt, provide Motorola with a full copy of the Transition
Administrators Frequency Proposal Report (FPR) for the affected licenses.
• Schedule and participate with Motorola and its subcontractors in any
potential required meetings with landlords, public agencies, and
;; ��J��,i:�; ,l �,,,�� ;^ �
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Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
government agencies to provide site access for the purpose of assessing
the equipment located at that site.
• The City of Fort Worth will provide site access to their sites for Motorola
personnel and Motorola's subcontractors for the purpose of assessing the
equipment located at that site.
• Notwithstanding any deliverables listed elsewhere in this document, the
City of Fort Worth and Motorola shall identify outstanding Motorola
deliverables and formally request their completion through the mutual
development of a project punch list.
• The City of Fort Worth shall grant fmal acceptance upon completion of all
contractual deliverables.
• The City of Fort Worth will work with Motorola to develop methodology
to complete the comprehensive and all inclusive inventory of subscriber
units. The City of Fort Worth will act as a liaison between Motorola and
non-City of Fort Worth entities to facilitate an agreement upon the
methodology to complete the inventory for non-City of Fort Worth
entities.
• Where possible, provide adequate shelter, space, heat, light and power at
the designated customer facilities to perform the inventory
11.0 Risks
Motorola is committed to mitigating all known risks and will engage the City of
Fort Worth whenever situations are identified in which a risk situation presents
itself. A decision will be jointly made between Motorola and the City of Fort
Worth to consider the options and establish a mutually agreeable solution.
With projects of this magnitude there are rislcs associated with the work that needs
to be performed on each piece of equipment. It is conceivable that a particular
piece of equipment can be functional at the time of inventory but when taken off
line to have board or software versions read and confirmed that failures may
occur when re-initializing the unit. Motorola will make every effort to ensure that
any failure occurring in this situation be rectified unmediately. In some cases
adequate spares may not be available and could lead to a prolonged outage of
equipment while obtaining replacement parts. Any damage to the existing system
caused by Motorola and its subcontractors will be immediately brought to the
attention of the City of Fort Worth and at the City's option, Motorola will repair
or replace any damaged equipment and system operation will be restored. Any
costs shall be the responsibility of Motorola, who may then initiate the change
Motorola 800 MHz Rebanding Project
City of Fort Worth Simulcast, Single Site, DataTAC System
Statement of Work 12.15.06
order process with the understanding that Nextel must approve such change order
and payment thereof.
12.0 The Citv of Fort Worth Acceptance
Upon submission of Motorola's rebanding . plan to the City of Fort Worth, a
certi�cate of acceptance document will be provided for customer signature (see
reference document attached). This certificate acknowledges that all the effort
necessary in identifying the detailed requirements and plans to reband the City of
Fort Worth 800MHZ system has been completed.
Acceptance of the Rebanding Plan will occur upon the successful completion of
all documentary deliverables as outlined in and in accordance with the Statement
of Work, at which time both parties shall promptly document any deficiencies,
failures, or problems, in the form of a Punch List. The Certificate of Acceptance
of Rebanding Plan will not be issued by the City of Fort Worth until all issues on
the Punch List have been resolved to the sole satisfaction of the City of Fort
Worth. Customer shall not unreasonably delay the issuance of The Certificate of
Acceptance of Rebanding Plan. Customer and Motorola will jointly prepare a list
of such omissions and variances which Motorola will correct according to an
agreed upon schedule with clearly defined and agreed to due dates.
Consent to Release Information
By Rebanding Licensee
City of Fort Worth ("Licensee") is in the process of reconfiguring its 800 MHz
communications system as required by the FCC pursuant to its August 6, 2004, Report
and Order FCC 04-168, and related supplemental orders. In furtherance of Licensee's
reconfiguration activities, it has received information from (or shared information with)
Motorola, Inc., Sprint Nextel, and the Transition Administratar. To promote efficiencies
in completing Licensee's reconfiguration process, Motorola, Sprint Nextel and/ar the
Transition Administratar may need to communicate with each other. Therefore, Licensee
hereby consents to Motarola, Sprint Nextel and/or the Transition Administrator
communicating in writing directly with each other about Motorola's proposed or actual
involvement in reconfiguring Licensee's system, provided that Licensee receives a copy
of each communication. By way of example, this consent would apply to questions from
Sprint Nextel or the Transition Administrator about reconfiguring Licensee's system, and
Motorola's answers to the questions.
I:
Title:
Date:
��������
CERTIFICATE OF ACCEPTANCE OF REBANDING PLAN
Customer Name: City of Fort Worth
The City of Fort Worth agrees that all items detailed in the Statement of
Work for preparation of estimate for planning funding have been complete�l
and the Rebanding Plan has been accepted by customer representative
below.
Customer Representative:
Print Full Name
Title
Signature
Date / /
Motorola Representative:
Print Full Name
Title
Signature
Date
1301 E. Algonquin Road, Schaumburg, IL 60196
G�iy of Fort Worth, Texas
Mayor anci Councii Gommunicatlon
COUNCIL ACTION: Approved on 5123/2006 - Resolution No. 3352-05-2006 & Ordinance No.
16962-05-2006
DATE: Tuesday, May 23, 2006
LOG NAME: 04REBAND RFPF REFERENCE NO.: C-21467
SUBJECT:
Authorize Submission of Request for Planning Funding to the 800 MHz Transition
Administrator; Authority to Enter into a Planning Funding Agreement with Sprint Nextel; Authority to
Enter into a Reconfiguration Planning and Negotiation Phase Agreement with Motorola, Inc.;
Authority to Hire Outside Counsel; Adopt a Resolution for Outside Counsel Fees and Adopt
Appropriation Ordinance for the Frequency Reconfiguration Project for the Ciiy's 800 MHz Public
Safety Radio Systems
RECOMMENDATION:
It is recommended that the City Council:
� Authorize the Cify Manager to submit a Request for Planning Funding to the 800 MHz Transition
_,dministrator for frequency reconfiguration of the Ciiy's 800 MHz Public Safety Radio Systems;
2. Authorize the City Manager to enter into a Planning Funding Agreement with Sprint Nextel Inc., for the
frequency reconfiguration of the City's 800 MHz Public Safety Radio Sysfe�s;
3. Authorize the City Manager to enter into a Reconfiguration Planning and Negotiation Phase Agreement
with Motorola, Inc., for the frequency reconfiguration of the City's 800 MHz Public Safefy Radio Systems;
4. Authorize the City Manager to retain Rosalind Allen and the law firm of Holland and Knight, LLP, as
outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in
negoiiating and implementing a Frequency Reconfiguration Agreement for the 800 MHz Public Safety
Radio Sysfems;
5. Adopt the attached resolution fixing in advance, as far as practicable, the amount to be paid to Rosalind
Allen and the law firm of Holland and Knight, LLP, in an amount estimated not to exceed $85,000.00; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$685,200.00 in the Information System Capital Projecis Fund.
DISCUSSION:
The City of Fort Worth holds 800 MHz licenses issued by the Federal Communications Commission ("FCC")
to operate public safety radio systems on the 800 MHz frequency band. The FCC has recently ordered the
�econfiguration of the 800 MHz band to minimize increasing levels of interference to critical public safety
ommunications systems from commercial wireless carriers. The 800 MHz interFerence problem surFaced in
large part because the FCC's original 800 MHz Band plan did not anticipate the development and explosive
growth of the cellular systems. The FCC appointed the 800 MHz Transition Administrator, LLC (TA) as an
independent party to serve as the administrator of the project. The TA's primary obligation is to facilitate
Logname: 04REBAND RFPF Page 1 of 3
timely band reconfiguration in a manner that is equitable to all concerned. The TA will establish guidelines,
�eview/approve funding requests and reconfiguration agreements, manage the relocation schedule and
�ifitate issue resolution.
Sprint Nextel, as the primary spectrum holder and commercial cellular-type service provider, is obligated to
cover all reasonable reconfiguration costs of the license holder. Sprint Nextel has obtained Letters of Credit
in the amount of $2.5 billion for its funding obligation. The City, as a license holder, must enter into a
Planning Funding Agreement wiih Sprint Nextel to complete the first phase of the process. The agreement
allows the City the right to obtain comparable facilities and have reasonable and prudent expenses directly
related to its 800 MHz reconfiguration agreed to and covered by Sprint Nextel. The City also has the right
to have assistance from experts such as spectrum consultants, inventory consultants, relocation planners,
engineers, legal counsel and equipment suppliers.
The TA has organized the reconfiguraiion process and all associated activities into finro phases: a Planning
and Negotiation Phase and a Reconfiguration and Implementation Phase. The objectives of the 1 st phase
are to develop a Plan for implementation of ihe frequency reconfiguration and to execute a Frequency
Reconfiguration Agreement with Sprint Nextel. For this phase of the project, the Ciiy will have iwo primary
vendors to help facilitate the planning process. The Ciiy will use Motorola and the outside counsel services
of Rosalind Allen (Holland and Knight, LLP) to ensure the successful completion of the planning phase for
the frequency reconfiguration project.
The frequency reconfiguration project is challenging, because approximately 18 governmental entities and
other private safety agencies use the City's public safety radio infrastructure system. In addition to City
departments, nine cities, Tarrant County, two universities, the Fort Worth Transportation Authority, Medstar
and other customers use the City's 800 MHz infrastructure for public safety communication purposes. Each
entity has an existing agreement with the City and each pays their share of the annual operating
�sts. The frequency reconfiguration end product must meet the needs of all of these agencies.
Motorola is recommended as the primary vendor for this project because the existing public safety trunked
radio system, the local government system and the mobile data system infrastructure is
proprietary. Additionally, Motorola is the only vendor fully qualified to assess the City's 800 MHz radio
communication system and specialized hardware, software and infrastructure. The City and Motorola will
enter into a contract to perForm reconfiguration or related planning activities. Motorola, in conjunction with
City staff, will document subscriber equipment and infrastructure facility inventories, evaluate proposed
frequencies and prepare cosi estimates and statements of work. Additionally, Motorola will be required to
retain and produce documentation for the TA or any awditor related to vendor performance of
reconfiguration services. �
Sprint Nextel is required to directly pay approved reconfiguration costs. If Sprint Nextel fails to do so in a
timely manner as defined in the TA's Report and Order document, the TA is authorized to use funds from
Sprint Nextel's Letters of Credit to cover such cosfs.
The cost of the first phase of the project is estimated to be $1,154,000.00. The funds to pay for this project
will �be realized from the FCC's requirement that Sprint Nextel pay for the cost of the City's 800 Mhz
frequency reconfiguration process. Upon approval of this M8�C and adoption of the attached appropriation
ordinance, the City will be able to submit a reimbursement request for current and anticipated expenditures
for planning activities amounting to $685,200.00. The final reimbursement amount is subject to negotiation
with Nextel and the TA.
Logname: 04REBAND RFPF Page 2 of 3
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, adoption of the attached
appropriation ordinance, the acceptance of the Request for Planning Funding by the 800 MHz Transition
Administrator and the contract execution of the Planning Funding Agreement with Sprint Nexte(, funds will
be available in the Information Systems Capital Projects Fund.
TO Fund/AccountlCenters
P251 488100 041030042910
P251 488100 041030042920
P251 488100 041030042930
P251 488100 041030D42950
P251 511010 041Q30042930
P251 511010 041030042920
P251 539120 041030042920
P251 539120 041030042930
P251 539120 041030D42950
$205.072.00
$159.826.00
$65,291.00
$255, 011.00
$205.072.OQ
$74.826.00
$85.000.00
$65291.00
$255.011.00
FROM Fund/AccountJCenters
P251 539120 041030042930
P251 511010 041030042920
P251 539120 041030042920
P251 511010 041030D42930
P251 539120 04103D042950
��ibmitted for City Manager's Office bv: Richard Zavala (Aciing) (6222)
____ iainating Department Head: PeterAnderson (8781)
Additional Information Contact: Pete Anderson (8781)
Peter Ungar (7889)
�•�.n- 1'' :• � . .
$65291.00
$74.826.00
$85,000.00
$205.072.00
�255.011.00
Page 3 of 3