R07-073
r r
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2 RESOLUTION NO. R07- 073
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 EXECUTION OF A PLANNING FUNDING AGREEMENT
7 WITH NEXTEL OPERATIONS, INC; AND PROVIDING AN
8 EFFECTIVE DATE.
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10 WHEREAS, in 2004 the Federal Communication Commission issued an order that
11 frequency allocations in the 800 MHz band be reconfigured in order to insure that cell phone
12 companies using the frequency do not interfere with public safety and local government
13 subscribers using adjoining frequencies in the same band; and
14 WHEREAS, the Order requires that cell phone companies assume the cost of "re-
15 banding", replacement of the government radios in order to provide a larger separation of
16 frequencies within the band; and
17 WHEREAS, Nextel is responsible to pay the expenses associated with the re-banding;
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19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
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22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize execution of the Planning Funding Agreement with Nextel Operations, Inc.,
26 to provide for funding a plan of action that will be formulated by Motorola and will include
27 the re-banding of public safety radios and the replacement of those hand-held units utilized by
S:ICAIRESOlAgreementslPlanning Funding Agreement - Nextel.doc
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other components of city government, a copy of which is attached hereto as Exhibit "A".
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Section 3.
This Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED this ~ day of July, 2007.
ATTEST:
S:ICAIRESOlAgreementslPlanning Funding Agreement - Nextel.doc
CITY OF BOYNTON BEACH, FLORIDA
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CONFIDENTIAL
R07-D73
PLANNING FUNDING AGREEMENT
[800 MHZ RECONFIGURATION]
This PLANNING FUNDING AGREEMENT ("Agreement") is made this ~ day of..Julll ,2007,
by and between The City of Boynton Beach, a political subdivision of the State of Florid~bent"),
and Nextel Operations, Inc., a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas
corporation ("Nextel") having an address of 2001 Edmund Halley Drive, Reston, V A 20191. Nextel and
Incumbent may be referred to collectively in this Agreement as the "Parties."
RECIT ALS:
A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report
and order to reconfigure the frequency allocations in the 800 MHz band ("Reconfiguration"), including
frequency allocations on which Incumbent and Nextel are currently authorized to operate (respectively,
the "Incumbent Frequencies" and "Replacement Frequencies").
B. On December 22, 2004, the FCC issued a Supplemental Order and Order on
Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by
the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any
supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this
Agreement, are collectively referred to as the "Order."
C. Pursuant to the Order, Nextel and Incumbent intend to enter into a 800 MHz Frequency
Reconfiguration Agreement ("Reconfiguration Agreement") that will define the Parties' respective
obligations regarding the Reeonfiguration, including without limitation Nextel's obligation to pay for
reasonable costs incurred in effecting the Reconfiguration.
AGREEMENT:
1. Plannine Cost. In order to facilitate negotiation of the Reconfiguration Agreement involving
the licensees) for the Incumbent Frequencies granted by the FCC as identified in Schedule A
(the "Incumbent Licenses") and in accordance with the work described in the Statement of
Work attached to this Agreement as Schedule B, Nextel will pay the cost of the planning
activities identified on Schedule C attached hereto ("Planning Cost") in an amount not to
exceed the Planning Cost estimate set forth on Schedule C ("Planning Cost Estimate"). All
Planning Costs incurred for internal labor must be consistent with the Transition
Administrator Incumbent Labor Rate Reimbursement Policy as set forth at www.800TA.org.
The planning activities and deliverables identified in Schedule B will commence upon
execution by both Parties of this Agreement ("Agreement Execution") and will be completed
no later than one hundred and twenty ( 120) days following Agreement Execution.
2. Payment Terms. Nextel will make payments in accordance with the payment terms
identified on Schedule C for both payments made directly to Incumbent and payments made
on behalf of Incumbent directly to each third party vendor or service provider identified on
Schedule C ("Planning Vendor").
3. Confidentiality. The terms of this Agreement. any confidential information disclosed in
connection with this Agreement and any proprietary, non-public information regarding the
Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's
business must be kept confidential by the Parties and their employees, shareholders, agents,
attorneys and accountants (collectively, "Agents"), which confidential ity wi! I survive the
DC-913871 vi 030740]-0]23
Closing or termination of this Agreement for a period of two (2) years. The Parties may
make disclosures as required by lavv, to the Transition Administrator and to a Planning
Vendor (but only to the extent that such disclosure specifically relates to that Planning
Vendor's work and costs under this Agreement (as identified on Schedule C)) as required to
perform obligations under this Agreement, provided, however, that each Party will cause all
of its Agents to honor the provisions of this Section. Nextel, Incumbent and their respective
Agents may make disclosures regarding the terms of this Agreement to other public safety
licensees and their Agents. Each party involved in such disclosures shall cause all of its
Agents to confine the disclosure of the terms of this Agreement to only public safety
licensees and will advise the party to whom the disclosure was made, to limit further
disclosure to only public safety licensees in accordance with the FCC Order, WT Docket No.
02-55, adopted January 8, 2007.
4. Review Riehts. In order to enable the Transition Administrator to comply with its audit
obligations under the Order, Incumbent agrees to maintain records and other supporting
evidence related to the costs that Incumbent has expended in connection with planning
activities related to the Reconfiguration and that Nextel has paid or will pay to Incumbent
pursuant to this Agreement. Incumbent agrees to maintain such records and make them
reasonably available to the Transition Administrator for review or reproduction until twenty-
four (24) months after Closing, as defined in Section 7, or for a longer period if Incumbent,
for its own purposes, retains such records for a longer period of time. As used in this
provision, "records" includes books, documents, accounting procedures and practices and
other data regardless of type and regardless of whether such items are in written form, in the
form of computer data or in any other form.
5. Chanees. If either Party believes that a change to the planning activities contemplated by the
Planning Cost Estimate is required (including changes by Planning Vendors), such Party will
promptly notify the other Party in writing. Such written notice (the "Planning Funding
Change Notice") shall set forth (i) a description of the scope of the change believed to be
necessary and (ii) an estimate of any increase or decrease in the Planning Cost Estimate and
in the time required to finish planning for the reconfiguration of Incumbent's existing
facilities. A Party receiving a Planning Funding Change Notice shall immediately perform its
own analysis of the need for and scope of the change and its impact on the Planning Cost
Estimate and schedule and negotiate the change in good faith with the other Party. After the
Parties have agreed upon a change to this Agreement, they shall prepare a proposed
amendment to this Agreement pursuant to Section 13 and submit to the Transition
Administrator a copy of the proposed amendment together with a written request for its
approval. Such request shall be accompanied by reasonable documentation supporting the
need for and scope of the change and any proposed increase or decrease in the Planning Cost
Estimate and in the time required to finish planning for the reconfiguration of Incumbent's
existing facilities. Incumbent is responsible for all changes necessary as it relates to work
performed by a Planning Vendor on behalf of Incumbent. No change to the Planning Cost
Estimate, the planning activities contemplated by the Planning Cost Estimate or the time
required to finish planning for the Reconfiguration of Incumbent's existing facilities shall
become effective until the Transition Administrator has approved the change in writing and
both Parties have signed an amendment incorporating such approved change into this
Agreement pursuant to Section 13.
6. Disputes. The Parties agree that any dispute related to Nextel's obligation to pay the cost of
any planning activities related to the Reconfiguration of Incumbent's system contemplated by
Page 2 of 2 I
this Agreement, which is not resolved by mutual agreement, shall be resolved in accordance
with the dispute resolution provisions of the Order, as it may be amended from time to time.
7. Closine. The closing ("Closing") of the transactions contemplated by this Agreement wi II
take place after delivery by Incumbent to Nextel of: (i) all receipts, invoices and other
documentation required to substantiate the actual costs of the planning activities
contemplated by the Planning Cost Estimate ("Actual Planning Costs"), and certification that
any Actual Planning Costs incurred for internal labor are consistent with the Transition
Administrator policy on Incumbent Labor Rate reimbursement as identified at
www.800TA.org; and (ii) a copy of all deliverables required to be delivered pursuant to the
Statement of Work. Prior to Closing, Incumbent will submit to Nextel documentation
(including without limitation invoices, receipts, and timesheets or equivalent documentation)
demonstrating the Actual Planning Costs. Upon receipt by Nextel of documentation of the
Actual Planning Costs, Nextel and Incumbent will reconcile the Actual Planning Costs
against the payments made by Nextel to Incumbent pursuant to this Agreement and the
Parties will agree upon the amount of any additional payments due to Incumbent or any
refunds due to Nextel.
8. Reconciliation. The effective date of agreement on reconciliation of the Actual Planning
Costs and signing of the Closing documents by both Parties is considered the "Planning
Funding Reconciliation Date." Any additional payments due to Incumbent from Nextel will
be disbursed to Incumbent within thirty (30) days of the Planning Funding Reconciliation
Date, provided the additional payments do not result from Actual Planning Costs that exceed
the Planning Cost Estimate. Any refunds due to Nextel from Incumbent will be made within
thirty (30) days of the Planning Funding Reconciliation Date. In the event Incumbent's
Actual Planning Costs exceed the Planning Cost Estimate, Incumbent must submit a Planning
Funding Change Notice pursuant to Section 5 of this Agreement describing the change in
scope of work that resulted in Incumbent's Actual Planning Costs exceeding the Planning
Cost Estimate. Approval of any Planning Funding Change Notice will not be automatic but
will be processed in accordance with Section 5 of this Agreement. Additional payments due
to Incumbent, which result from an excess of Actual Planning Costs over the Planning Cost
Estimate, as agreed on the Planning Funding Reconciliation Date, will be disbursed to
Incumbent within thirty (30) days of the Transition Administrator's approval of a Planning
Funding Change Notice and execution by both Parties of an amendment incorporating such
approved change into this Agreement pursuant to Section 13.
9. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or
service provider performing the planning activities. Neither the Transition Administrator nor
Nextel will be responsible for. or assume the risk of any failure of that Planning Vendor to
perform its obligations under any contract entered into between Incumbent and such Planning
Vendor in connection with this Agreement.
10. Termination. This Agreement may be terminated and the transactions contemplated by this
Agreement abandoned: (i) by mutual consent of the PaI1ies provided in writing; (ii) for cause
by either Party upon material breach of the other Party, following a thirty (30) day period for
cure by the breaching Party following written notice of the breach or (iii) by Nextel in the
event of any Adverse Decision by any governmental entity of competent jurisdiction
affecting the Order. For purposes of th is Agreement, an "Adverse Decision" means an order,
decree, opinion, report or any other form of decision by a governmental entity of competent
jurisdiction that results. in whole or part. in a stay, remand. or reversal of the Order, or
otherwise in any revision to the Order that Nextel determines. in its sole discretion. to be
Page 3 of 21
adverse to its interests. In the event of termination due to an Adverse Decision, Nextel wi II
pay Incumbent for all costs incurred up to the date of termination.
I I. Notices: All notices and other communications under this Agreement must be in writing and
will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the
next business day if sent by overnight delivery via a reliable express delivery service; or (iii)
after five (5) business days if sent by certified maiL return receipt requested, postage prepaid.
All notices are to be delivered to the Parties at the following addresses:
If to Incumbent, to:
If to Nextel, to:
City of Boynton Beach
G. Matthew lmmler
100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
561-742-6101
immlerm@ci.boynton-beach.fl.us
With a copy that shall not constitute Notice:
Gary Resnick
Attorney at Law
40 I E. Las Olas Boulevard
Suite] 850 P.O.BOX 2328 (33303-9998)
Fort Lauderdale, Florida 33301
Phone: (954) 761-8111
Fax: (954) 761-8112
G Resn ick@Gray-Robinson.com
Nextel Operations, Inc.
c/o Sprint Nextel Corporation
?OOO Edmund Halley Drive
Reston, VA 20191
Attn: Heather P. Brown, Esq.
Phone: (703) 433-4000
Fax: (703) 433-4483
With a copy that shall not constitute Notice:
Sprint Nextel Corporation
6575 The Corners Parkway
Norcross, GA 30092
Attn: William Jenkins, VP, Spectrum
Resources
Phone: (770)326-7484
Fax: (678) 405-8252
And a copy that shall not constitute Notice
to:
Sprint Nextel Corporation
Attn: Rob Easton, Director, Spectrum
Development
I 14 Coronation Circle
Bountiful, UT 840 I 0
Fax: (80 I) 296-6556
Phone: (801) 294-4810
Page 4 of 2 I
12. Assi2nment: This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and permitted assigns. Either Party may assign this Agreement to
any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the
other Party.
13. Amendments: This Agreement, including without limitation the scope of the planning
activities contemplated hereby and the Planning Cost Estimate thereof to be paid by Nextel,
may be amended or modified only by a written instrument signed by authorized
representatives of both Parties, provided, however, no amendment or modification to this
Agreement shall become effective until approved by the Transition Administrator.
14. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted
assigns, and nothing in this Agreement gives or should be construed to give any legal or
equitable rights under this Agreement to any person or entity, other than (i) the successors
and assigns of the Parties, and (ii) the Transition Administrator as specifically provided for in
Sections 3, 4, 5, 8,9 and 13.
15. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid,
void or unlawful by any administrative agency or court of competent jurisdiction, then such
provision(s) will be deemed severable from the remainder of this Agreement, will in no way
affect, impair or invalidate any other provision contained in the Agreement and the Parties
will use their commercially reasonable efforts to amend this Agreement to make the unlawful
provision compliant with applicable law so as to preserve the rights and obligations of the
Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver
of compliance with any representation, warranty, covenant or agreement contained in this
Agreement and will not operate or be construed as a waiver of any subsequent breach,
whether of a similar or dissimilar nature. This Agreement, together with the Schedules,
constitutes the entire understanding and agreement between the Parties concerning the subject
matter of this Agreement, and supersedes all prior oral or written agreements or
understandings. This Agreement is governed by the laws of the State of Florida without
regard to conflicts of law principles thereof. This Agreement may be executed in one or more
counterparts, including by facsimile, which will be effective as original agreements of the
Parties executing the counterpart.
In consideration of the mutual consideration set forth herein, this Agreement is effective as a
legally binding agreement between the Parties upon execution by the Patties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives.
INCUMBENJ City of Boynton Beach, FL
By ~
Name: Kurt Bressner
NEXTEL: Nextel Operations, Inc.
By:
Name:
Title:
City Manager
Title:
APPROVED AS
Page 5 of 2 I
SCHEDULE A
INCUMBENT LICENSE(S) INVOLVED IN PLANNING ACTIVITIES
Page 6 of 2 ]
SCHEDULE B
STATEMENT OF WORK
Start Date
End Date
Upon Agreement Execution
120 days from Agreement Execution
1.0 System Description
The City of Boynton Beach has been operational since 1999 on the Motorola 800 MHz Smart Zone 3.0
system. The (City) provide Public Safety and Public Services voice radio system communications through
the 800 MHz spectral band; under authorization from the Federal Communications Commission (FCC).
The City of Boynton Beach currently has 5 channels and one radio frequency that require rebanding. The
City of Boynton is unique in the rebanding project, so much that we do not own NPSP AC channels, but
can access through Palm Beach County.
The City of Boynton Beach radio System supports approximately 750 active subscriber units (please note
that this unit projection is estimated and subject to the final inventory assessment).
Table System Description:
System Description
Number of mobile units used for day-to-day communications covered by this RFPF (used to calculate per
unit cost); include control stations and SCADA units 70
Number of portable units used for day-to-day communications covered by this RFPF 718
Number of channels covered by this RFPF (exclude channels not to be reconfigured) I
Number of sites to be inventoried under this RFPF I :2
I
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Page 7 of 2 I
2.0 FreQ uencv Analysis
2.1 Co-channel Analysis
Motorola will quote and provide co-channel analysis as requested by City of Boynton Beach.
2.2 Combiner and Receiver Multi-coupler Suitabilitv
Motorola will evaluate the suitability of the licensee's existing combiner equipment impacted by
rebanding. Some combiners can readily be adjusted to the new rebanded frequencies, others
cannot. Depending on the condition of the equipment, readjustment may not be possible without
risking damage to the combiner. In addition, signal loss (decreased coverage) may occur if the
new rebanded frequencies are spaced closer than the original frequencies. Combiner cable
requirements also need to be considered based on the Licensee's cutover plan.
Additionally, Motorola will analyze the impact the new frequency plan will have on City of
Boynton Beach's existing multi-coupler systems and determine if retuning or replacement is
necessary. Motorola will evaluate these potential issues as part of the combiner suitability
assessment.
2.3 Intermodulation Study
Motorola will perform inter-modulation study to identify possible harmful RF emiSSIOns and
interactions at each site affected by rebanding. Motorola will provide a report and
recommendation to City of Boynton Beach. M If the proposed frequencies cannot be effectively
used at the appropriate sites, Motorola will notify City of Boynton Beach.
2.4 Other Frequency and Interference Analysis
Motorola will quote and provide additional frequency analysis services as requested by City of
Boynton Beach.
Frequency and Interference Analysis deliverables include:
Deliverables Estimated Date of Completion
Channel Analysis report for reconfiguration proposal N/A
Combiner Suitability report for reconfiguration proposal 1.6 months after kick-off meeting
lntermodulation analysis report for reconfiguration proposal 1.6 months after kick-off meeting
Page 8 of 2 I
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
( H rs x
Rate)
Frequency and
Interference Analysis
Co-channel Analysis
Combiner Suitability 4 $175.00 $700.00 Motorola
Intermodulation Study 10 $175.00 $1,750.00 Motorola
Other Frequency and
Interference Analysis
Total Vendor Cost 14 $2,450.00
3.0 System Inventory
3.1 Infrastructure Inventory
Motorola will conduct an inventory of City of Boynton Beach's equipment. This inventory will
be used to determine the suitability of the equipment and system design effort for rebanding.
Motorola understands the inventory and design effort will take place on an operational radio
communications system and that unplanned interruptions to dispatch operations are not
acceptable. Motorola, with its network of authorized service centers and/or third-party
subcontractors, will do everything possible to minimize disruption to dispatch operations. Any
required changes to daily operations will be planned in advance and agreed upon by City of
Boynton Beach 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 City of Boynton Beach's system. Any significant variance 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 specifically affected by rebanding for City of
Boynton Beach's system. Please refer to the System Description for unverified inventory
esti mates.
3.2 Subscriber Inventory
Subscriber device inventories must similarly be examined to determine reconfiguration
requirements. If inventories are required, Motorola will inventory subscribers to elicit necessary
information. Customer provided inventories must also be able to provide the information outlined
below.
Page 9 of 2 I
For systems that only require Retuning, unit count and model families need to be specified to
insure proper programming equipment and if any frequency determining elements need to be
ordered and priced.
For systems that require Reprogramming, quantities of subscriber in each family must be
determined (i.e. 25ea XTS2500, 22ea XTS5000) and the number of programming stations must
be delineated to ensure proper number of Flash upgrade kits are specified.
For Replacement units, the number of units to be replaced must be identified, along with their
corresponding replacement unit. In addition options such as battery type, dash or remote mount
and cable length must be specified. An accurate count of any accessories (six unit chargers,
speaker mics, etc.) will be required since they are exchanged on a one for one basis. A sample
audit will be performed when necessary on certain subscribers units (MTS 2000, Astro Spectra
and Astro Saber) to determine the need for replacement.
System Inventory deliverables include:
Deliverables Estimated Date of Completion
Infrastructure inventory for reconfiguration proposal 1.6 months after kick-off meeting
Subscriber inventory report for reconfiguration proposal ] .6 months after kick-off meeting
Internal Labor Table
Planning Cost Start End Labor Labor Cost Expenses Labor
Category/Tasks Date Date Hours Rate Name
(H rs x
Rate)
System Inventory
Infrastructure Inventory
Subscriber Inventory City of
Boynton
Total Internal Cost 3.5 $62.44 $218.54
Page 10 of 21
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor Name
Category/Tasks Date Date Hours Rate
(Hrs x Rate)
System Inventory
Infrastructure Inventory
Subscriber Inventory 15 $148.00 $2,220.00 Motorola
Total Vendor Cost 26 $4,145.00
4.0 Eneineerine/Imolementation Plan nine
4.1 Interoperabilitv Plan nine
The interoperability requirements are included in the System Description attachment at the end of
this document.
4.2 Site Reconfieuration Plannine
Motorola will generate a Reconfiguration Design which will consist of at a minimum method of
Procedures, cut over plans and system test plans.
4.3 RetunelReoroeram/Replace Determination
The 800 MHz fixed network equipment (FNE) and subscriber inventory must be audited to
determine if upgrades are required to the software, hardware and firmware in order to support the
new rebanding software. The assessment includes manufacturer information, software versions,
system platform release versions and hardware configuration. Results of the suitability
assessment and audit will determine what FNE will be retuned or reprogrammed or replaced and
the effort required performing this work.
Page I I of 21
Engineering/Implementation Planning deliverables include:
Deliverables Estimated Date of Completion
lnteroperability plan section ofreconfiguration proposal 1.6 months after kick-off meeting
Develop Methods of Procedures for equipment to be reconfigured for 1.6 months after kick-off meeting
reconfiguration proposal
Develop and document cutover and fallback plans to be included in the 1.6 months after kick-off meeting
reconfiguration proposal
Develop and document baseline and acceptance test plans 1.6 months after kick-off meeting
Suitability assessment report for inclusion in the 1.6 months after kick-off meeting
Internal Labor Table
Planning Cost Start End Labor Labor Cost Expenses Labor Name
Category/Tasks Date Date Hours Rate
(Hrs x
Rate)
Engineering/
Implementation Planning
Interoperability Planning
Site Reconfiguration 60 $62.44 $3,746.40 City of Boynton
Planning
Retune/Reprogram/ 12 $62.44 $749.28 City of Boynton
Replace Determination
Total Internal Cost 922 $5,744.48
Page 12 of 21
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor Name
Category/Tasks Date Date Hours Rate
(Hrs x Rate)
Engineering/
Implementation Planning
Interoperability Planning
Site Reconfiguration Planning 34 $175.00 $5,950.00 Motorola
Retune/Reprogram/ Replace 19 $175.00 $3,325.00 Motorola
Determination
Total Vendor Cost 58 $10,150.00
....
$875.00
Motorola
--
5.0 Leeal Costs (Limited to attorney's fees, no proiect manaeement costs)
The law firm of Gray Robinson, P A will perform the following tasks to assist with the RFPF
development and negotiations:
· Assist City staff with procedural issues related to completing and filing the RFPF
. Review and revise Sprint-Nextel's PF A template
· Legal consultation with the City related to the PF A
· Assist City with negotiations with Sprint-Nextel
· Negotiate terms of PF A with Sprint-Nextel
· Finalize PF A Agreement
· Work with City Attorney to present PF A to City Commission
Page 13 of 2 I
Internal Labor Table - PF A
Planning Cost Start End Labor Labor Cost Expenses Labor Name
Category/Tasks Date Date Hours Rate
(Hrs x
Rate)
Legal (PF A)
Legal work Re RFPF Goren, Cherof
Doody & Ezrol,
4 $80.00 $320.00 City Attorney
PF A Negotiations ]6 $80.00 Goren, Cherof
Doody & Ezrol,
City Attorney
PF A Contract Review and 4 $80.00 $320.00 Goren, Cherof,
Finalize for City Approval Doody & Ezrol,
City Attorney
Total Internal Cost 24
Vendor Labor Table - PFA
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
(Hrs x
Rate)
Legal (PFA)
Assist City legal and
Procedural Issues with RFPF
PF A Negotiations 15 $350.00 $5,250.00
PFA Review, Revise and 15 $350.00 $5,250.00
Finalize
Total Vendor Cost 38
6.0 Proiect Manaeement
In the event City of Boynton Beach operates on a 24-hour. 7-day per week basis. then diligent
coordination to gain access to radio equipment will be required. It is understood that the effOli
required to prepare the inventory and design may occur on different shifts and/or times during the
week, other than a normal 8:00 AM to 5:00 PM business day. Weekend work may also be a
Page 14 of 2 I
component of this effort. Working with City of Boynton Beach to ensure optimum cooperation
will be essential to effectively and efficiently execute the rebanding project.
City of Boynton Beach must provide reasonable access to all remote site locations where fixed
station equipment is located. Any escort-required locations must be coordinated in advance by
City of Boynton Beach to facilitate access to restricted areas. Any required identification cards
must be provided by City of Boynton Beach to rebanding personnel as needed to work in any area
in which an authorized ID card is required.
6.1 PFA Neeotiations
The Motorola Project Manager will oversee the project plan for the rebanding effort to ensure a
smooth execution of all del iverables and that the requirements of City of Boynton Beach are fully
met. The Project Manager will participate in all major activities associated with the
reconfiguration planning activities described in this Statement of Work.
The Project Manager will coordinate with City of Boynton Beach, Motorola's MSS (Motorola
Service Station) and any subcontractor or other third-party organization 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.
6.2 Neeotiations Support
Where needed, Motorola will review the details of the rebanding plan and assist with
clarifications which may be required from Sprint Nextel or the Transition Administrator.
Project Management deliverables include:
Deliverables Estimated Date of Completion
Supplemental report for channel 69 RF interference analysis 1.6 months after kick-off meeting
Execute Project Plan At the end of the project schedule
Page 15 of21
Internal Labor Table
Planning Cost Start End Labor Labor Cost Expenses Labor
Category/Tasks Date Date Hours Rate Name
(Hrs x
Rate)
Project Management
Planning Support
Negotiations Support 40 $62.44 $2,497.60 City of
Boynton
Total Internal Cost 52 $3,246.88
------ ','
City of
Boynton
-
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
(Hrs x
Rate)
Project Management
Fixed Project Support
Variable Project Support 22 $175.00 $3,850.00 Motorola
Negotiations Support 18 $175.00 $3,150.00 Motorola
Total Vendor Cost 64
7.0 Other DeIiverables include:
Deliverables listed below are related to special considerations and / or related sub- systems
impacted by the reconfiguration of the licensee's system.
Deliverables
Estimated Date of Completion
1.6 months after kick-off meeting
Supplemental report for Channel 69 RF interference
Page 16 of21
Internal Labor Table
Planning Cost
Category/Tasks
Start
Date
End
Date
Labor
Hours
Labor
Rate
Cost
Expenses
Labor
Name
(Hrs x
Rate)
Other (explain)
Channel 69 RF interference
analysis
Total Internal Cost
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
(Hrs x
Rate)
Other (explain)
Channel 69 RF
interference analysis
Total Vendor Cost 8 $1,400.00
Vendor Contact Information:
Motorola
c/o Robyn Meceij
lL02-SW A2
130 I E. Algonquin Rd
Schaumburg, IL 60196
Phone: (847) 725-4850
Page I 7 of 2 I
SCHEDULE C
800 MHZ RECONFIGURA TION
PLANNING COST ESTIMATE - CERTIFIED REQUEST
Incumbent's Name: City of Boynton Beach. FL
Request for Plan nine Fundine
Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to
fund the following estimated planning costs:
Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Planning Cost
Estimate for Incumbent with respect to each category of work, as set forth below. Nextel will pay
Incumbent Five Thousand Eight Hundred Seventy-Seven Dollars and Fifteen Cents ($5,877.15) within 15
days (30 days if Incumbent elects to be paid by check rather than electronic funds transfer) after receipt
by Nextel of the fully executed Agreement and fully completed Incumbent Information Form (as set forth
on Exhibit I). Nextel will pay any outstanding balance of the Actual Planning Costs due to Incumbent
within 30 days after the Planning Funding Reconciliation Date (as "Actual Planning Costs" and "Planning
Funding Reconciliation Date" are defined in this Agreement).
Vendor Payment Terms: Nextel will pay each Planning Vendor an amount not to exceed the Planning
Cost Estimate for that Planning Vendor with respect to each category of work, as set forth below. Nextel
will pay each Planning Vendor within 30 days after receipt by Nextel of (A) an invoice from the Planning
Vendor and (B) Incumbent's approval of receipt of goods and services and approval of associated costs
included on the Planning Vendor invoice.
Description of Planning Work To Be Performed Payee (separately identify Planning Cost Estimate for
Incumbent and each Incumbent and each
Planning Vendor being Planning Vendor (Not to
paid for work performed) exceed listed amount)
Legal- See Statement of Work Schedule B City of Boynton Beach, FL $1,920.00
Gray Robinson, P A $13,300.00
Frequency Analysis - See Statement of Work Motorola $2,450.00
Schedule B
System Inventory - See Statement of Work City of Boynton Beach, FL $218.54
Schedule B
Motorola $4.145.00
Engineering and Implementation Planning - See City of Boynton Beach, FL $5,744.48
Statement of Work Schedule B
Motorola $12,486.00
Page I 8 of 2 I
I Description of Planning Work To Be Performed
Payee (separately identify
Incumbent and each
Planning Vendor being
paid for work performed)
Planning Cost Estimate for
Incumbent and each
Planning Vendor (Not to
exceed listed amount)
Project Management See Statement of Work I City of Boynton Beach. FL 53.24688
I Schedule B i
I Motorola 5 I 120000 I
I
I
~Other Costs (provide detailed description of nature -!-
City of Boynton Beach. FL $62440
of cost) - See Statement of Work Schedule B I
, Motorola SIAOOOO
I
Total Estimated Planning Costs $56,735.30
Certification
Pursuant to the Order, Incumbent hereby celtifies that the funds requested are the minimum necessary to
support the planning activities to provide facilities comparable to those currently in use. Incumbent
fUlther certifies, to the best of Incumbent's knowledge, that any Planning Vendor costs I isted on Schedule
c: ace compamble to co~ts )~i,:~vcndO' pceviou,ly chacgcd Incumbent foe ,imilac wack.
Sigl1atLlre: ~""'~
Print Name:
Title:
Phone Number:
E-mail :
Date:
KURT BRESSNER
CITY MANAGER
BOYNTON OEACH, fl
Page !9of21
EXHIBIT 1
Incumbent Information
THE FOLLOWING QUESTIONS ARE REQUIRED FOR PROCESSING ELECTRONIC FUNDS
TRANSFERS. ALL INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY
CONFIDENTIAL AND WILL BE USED ONLY IN COMPLETION OF THE PLANNING FUNDING AND
FREQUENCY RECONFIGURATION TRANSACTION.
I. INCUMBENT INFORMATION
Please provide the following information:
Company/N ame:
Contact: Title:
Address:
City/State/Zip:
Phone:
Fax:
If not identified in the contract, please provide the following:
If Incumbent is a Partnership, please provide name, address and phone numbers of all other partners:
Name: Name:
Address: Address:
City/State/Zip: City/State/Zip:
Phone: Phone:
II. BANK ACCOUNT INFORMATION (Required for payment via electronic funds transfer.)
Name of Bank:
Address of Bank:
City/State/Zip:
Bank Phone #:
ABA (Routing #):
Account #:
Name on Account:
Federal, State or Individual SS #:
Name of Brokerage Firm (if applicable):
Brokerage Account # (if applicable):
In tile event Incumbent will not provide information for electronic funds transfer, Incumbent acknowledges tllat
all payments made by clleck will be mailed within thirty (30) days of the date of performance required by
Incumbent (for each payment) as stipulated in the Agreement.
Acknowledged by Incumbent:
only ~f Incumbent does not want all electronic funds transfer)
(signature required
Page 20 of21
III. TAX INFORMATION
The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the
transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange).
Therefore, it is necessary for Nextel to collect the information below. rf you have specific questions
about your tax implications in this transaction, you should consult your own accountant or financial
advisor.
Incumbent's Federal, State or Individual Tax ID #,
FEIN (Federal) or SSN (individuals):
State(s) - sales tax license, resale permit,
employment, etc.):
Local (if applicable):
Current State and County location for your
principal executive office:
If there has been more than one location for the
principal executive office within the past five (5)
years, list each such City/County/State location:
I hereby acknowledge that all of the information provided herein is true and correct as of the date
signed below.
Incumbent Signature:
Print Name.'
Title:
Date.'
Page 2 I of 2 I