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HomeMy WebLinkAboutRES 06-381 RESOLUTION NO. 06 - 381 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Planning Funding Agreement between the City of Beaumont, Jefferson County, and Nextel Operations, Inc., for the 800Mhz Reconfiguration, said agreement substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the C' f Beaumont this the 19th day of December, 2006. - Mayor Guy N. Goodson - x 11 s � •r i 11``,\•x, `�—_ CONFIDENTi A i PLANNING FUNDING AGREEMENT [800 MHZ RECONFIGURATION] This PLANNING FUNDING AGREEMENT("Agreement") is made this day of 200 by and between the City of Beaumont,a political subdivision of the state of Texas,having an address of 620 Marina Drive,Beaumont, TX 77704, and Jefferson County, a political subdivision of the state of Texas, having an address of 1149 Pearl Street, Beaumont,TX 77701 (collectively,the"Incumbent"),and Nextel Operations, Inc.,a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Delaware corporation ("Nextel") having an address of 2001 Edmund Halley Drive, Reston, VA 20191. Nextel and Incumbent may be referred to collectively in this Agreement as the"Parties." RECITALS: A. On August 6, 2004, the Federal Communications Commission("FCC") issued a report and order to reconfigure the frequency allocations in the 800 MHz band("Reconfiguration"), including frequency allocations on which Incumbent and Nextel are currently authorized to operate (respectively, the "Incumbent Frequencies" and "Replacement Frequencies"). B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the "Order." C. Pursuant to the Order, Nextel and Incumbent intend to enter into a 800 MHz Frequency Reconfiguration Agreement ("Reconfiguration Agreement") that will define the Parties' respective obligations regarding the Reconfiguration, including without limitation Nextel's obligation to pay for reasonable costs incurred in effecting the Reconfiguration. AGREEMENT: 1. Planning Cost. In order to facilitate negotiation of the Reconfiguration Agreement involving the license(s) for the Incumbent Frequencies granted by the FCC as identified in Schedule A (the "Incumbent Licenses") and in accordance with the work described in the Statement of Work attached to this Agreement as Schedule B, Nextel will pay the cost of the planning activities identified on Schedule C attached hereto ("Planning Cost") in an amount not to exceed the Planning Cost estimate set forth on Schedule C ("Planning Cost Estimate"). 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 thirty-five (135) days following Agreement Execution. 2. Payment Terms. Subject to the terms and conditions herein, 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"). a. Provided however, in the event (i) the Transition Administrator has not provided Incumbent with possible Replacement Frequencies (the "Replacement Frequencies' Proposal") prior to the commencement of planning activities by Incumbent and/or a Page 1 of 18 EXHIBIT `A' CONFIDENTIAL Planning Vendor(as identified in Schedule B), and/or(ii) it becomes apparent to the Parties that Incumbent is not mandated pursuant to the Order to enter into a Reconfiguration Agreement following receipt by Incumbent of the Replacement Frequencies' Proposal, Incumbent acknowledges and agrees that this Agreement is subject to termination by Nextel and any Planning Costs incurred will be subject to nonpayment by Nextel,to be determined in Nextel's sole discretion. b. In the event any of the Incumbent Frequencies are not authorized on a permanent basis (such as, a Special Temporary Authority ("STA") grant) by the FCC prior to the Closing, any Planning Costs incurred that are directly related to the Incumbent Frequencies that are not authorized on a permanent basis will be subject to nonpayment by Nextel and/or reimbursement to Nextel on the Planning Funding Reconciliation Date (as hereinafter defined). 3. Confidentiality. The terms of this Agreement and any proprietary, non-public information regarding the Incumbent Frequencies, Replacement Frequencies,Nextel's business and Incumbent's business must be kept confidential by the Parties and their employees, shareholders, agents, attorneys and accountants (collectively, "Agents"), which confidentiality will survive final payment or termination of this Agreement for a period of three(3)years. The Parties may make disclosures as required by law and to the Transition Administrator 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. 4. Review Rights. In order to enable the Transition Administrator to comply with its audit obligations under the Order, Incumbent agrees to maintain records and other supporting evidence related to the costs that Incumbent has expended in connection with planning activities related to the Reconfiguration and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent agrees to maintain such records and make them reasonably available to the Transition Administrator for review or reproduction until 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. Chances. 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 Parry 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. Page 2 of 18 CONFIDENTIAL 6. Disputes. The Parties agree that any dispute related to Nextel's obligation to pay the cost of any planning activities related to the Reconfiguration of Incumbent's system contemplated by this Agreement, which is not resolved by mutual agreement, shall be resolved in accordance with the dispute resolution provisions of the Order, as it may be amended from time to time. 7. Cl_ osing. The closing ("Closing") of the transactions contemplated by this Agreement will take place after delivery by Incumbent to Nextel of: (i) all receipts, invoices and other documentation required to substantiate the actual costs of the planning activities contemplated by the Planning Cost Estimate ("Actual Planning Costs"), and 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 of termination by Nextel pursuant to Section 2(a), any refunds due to Nextel from Incumbent of any Planning Costs paid to or on behalf of Incumbent will be made within thirty (30) days following the date of termination. 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 paragraph 13. 9. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or service provider performing the planning activities. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of any failure of that Planning Vendor to perform its obligations under any contract entered into between Incumbent and such Planning Vendor in connection with this Agreement. 10. Termination. This Agreement may be terminated and the transactions contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) by Nextel pursuant to Section 2(a) of this Agreement following written notice to Incumbent; (iii) 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 (iv) by Nextel in the event of any Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For purposes of this Agreement, an"Adverse Decision" means an order, decree, opinion, report or any other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a stay,remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines, in its sole discretion, to be adverse to its interests. In the event of termination due to an Adverse Decision,Nextel will pay Incumbent for all costs incurred up to the date of termination. Page 3 of 18 CONFIDENTIAL 11. Notices: All notices and other communications under this Agreement must be in writing and will be deemed given(i)the same day if delivered personally or sent by facsimile; (ii)the next business day if sent by overnight delivery via a reliable express delivery service; or(iii) after five(5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at the following addresses: If to Incumbent, to: If to Nextel,to: City of Beaumont,TX Nextel Operations, Inc. P.O. Box 3827 c/o Sprint Nextel Corporation Beaumont, TX 77701 2000 Edmund Halley Drive Attn: Kyle Hayes Reston, VA 20191 Phone: (409) 880-3708 Attn: Heather P. Brown, Esq. Phone: (703)433-4000 And to: Fax: (703)433-4483 Jefferson County 1149 Pearl Street With a copy that shall not constitute Notice: Beaumont, TX 77701 Attn: Carl R. Griffith Sprint Nextel Corporation 6575 The Corners Parkway Norcross, GA 30092 Attn: Julian H.Edwards, VP Spectrum Resources Phone: (678)405-8442 Fax: (678)405-8252 And a copy that shall not constitute And a copy that shall not constitute Notice to: Notice to: Sprint Nextel Corporation City of Beaumont Attn:Rob Easton, Director, Spectrum Communications Shop Development Attn: Tommy A Standridge 114 Coronation Circle 620 Marina Drive Bountiful,UT 84010 Beaumont, TX 77704 Fax: (801)296-6556 Phone: (801)294-4810 12. Assienment: This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party. 13. Amendments: This Agreement, including without limitation the scope of the planning activities contemplated hereby and the Planning Cost Estimate thereof to be paid by Nextel, may be amended or modified only by a written instrument signed by authorized representatives of both Parties, provided, however, no amendment or modification to this Agreement shall become effective until approved by the Transition Administrator. 14. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights under this Agreement to any person or entity, other than(i)the successors and assigns of the Parties, and(ii)the Transition Administrator as specifically provided for in Sections 3, 4, 5, 8, 9 and 13. Page 4 of 18 CONFIDENTIAL 15. Miscellaneous: If any provision(s)of this Agreement is held in whole or part,to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will be deemed severable from the remainder of this Agreement, will in no way affect, impair or invalidate any other provision contained in the Agreement and the Parties will use their commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is governed by the laws of the state of Texas without regard to conflicts of law principles thereof. This Agreement may be executed in one or more counterparts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. 16. Letter of Authorization: Incumbent has the authority to enter into this Agreement for the license not held by Incumbent, under call sign WQBH267, which is held by Jefferson County,Texas, by the letter of authorization from Jefferson County to the Transition Administrator dated September 21, 2006, which is incorporated by reference herein. In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by the Parties. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives. INCUMBENT: NEXTEL: City of Beaumont, Texas Nextel Operations, Inc. By: By: Name: Name: Title: Title: Jefferson County, Texas By: Name: Title: Page 5 of 18 CONFIDENTIAL SCHEDULE A INCUMBENT LICENSES) INVOLVED IN PLANNING ACTIVITIES Licensee Organization Name: Beaumont, City of&Jefferson County Licensee City, State and Zip: Beaumont, Tx. 77701 & Jefferson Cnty,Tx 77701 WPMJ575 WPMG304 WQBH267 Page 6 of 18 CONFIDENTIAL SCHEDULE B STATEMENT OF WORK All Planning deliverables due 135 days after fully ezecuted PFA 1.0 System Description Narrative System Description: A Motorola four tower site Smartzone tnmking system.It is comprised of a two tower site simulcast 11 channel with two tower IR four channel sites.The system supports the City of Beaumont&Jefferson County's three dispatch centers(Beaumont PD, Beaumont Fire and Jefferson County Sheriffs dispatch)along with the numerous public works entities. 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 1099 stations and SCADA units Number of op rtable units used for day-today communications covered by this RFPF 1000 Number of channels covered by this RFPF 31 (exclude channels not to be reconfigured) Number of sites to be inventoried under this 4 RFPF Number of entities using the 800 MHz 15 system being reconfigured 2.0 Frequency Analysis 2.1 Co-channel Analysis Motorola will quote and provide co-channel analysis as requested by City of Beaumont. 2.2 Combiner and Receiver Multi-coupler Suitability Motorola will evaluate the suitability of the licensee's existing combiner equipment impacted by rebanding. Some combiners can readily be adjusted to the new frequencies and others cannot Depending on the condition of the equipment,readjustment may not be possible without risking damage to the combiner. In addition,signal loss (decrease in 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. Page 7 of 18 I i CONFIDENTIAL 2.3 Inter-modulation Study IM 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 the City of Beaumont. If the proposed frequencies cannot be effectively used at the appropriate sites,Motorola will notify City of Beaumont. Qualifying Scenarios Suspected(yes/no) Site(s)Affected (if known) Location with two or more co-site transmitters with <Yes> <Site Name(s)>all four _jLotential to impair base station receivers. Licensee's fixed receive antenna is proximate to a <Yes> <Site Name(s)>all four transmitting antenna other than your own. Landlords or site managers of shared transceiver sites <Yes> <Site Name(s)>all four requiring an analysis of the IM environment as part of site agreements when changing transmitting frequencies. 2.4 Other Frequency and Interference Analysis Motorola will quote and provide additional frequency analysis services as requested by City of Beaumont. Frequency and Interference Analysis deliverables include: Deliverables Estimated Date of Com letion Combiner suitability report for r )rx)Rgsal 135 days after fully executed PFA Inter-modulation analysis report for reconfiguration proposal 135 days after fully executed PFA Internal Labor Table Planning Cost Start End Labor Labor Rate cost,` Expenses Labor Name Categoryffasks Date Date Flours:(Hrs x Rate) Frequency and Interference Analysis Co-channel 00 Anal is Combiner 00 Suitability Inter-modulation 00 Stud Other Frequency and Interference 00 Analysis Total Internal Cost 00 Page 8 of 18 CONFIDENTIAL Vendor Labor Table Planning Cost Start End Labor Labor Rate Cost Expenses Vendor Name CategoryfTasks Date Date Hours (Hrs x Rate) Frequency and Interference Analysis Co-channel NA NA MOTOROLA Analysis Combiner 10.00 $175.00 $1,750.00 MOTOROLA Suitability Inter-modulation 20.00 $175.00 $3,500.00 MOTOROLA Stud Other Frequency 0.00 NA 0.00 MOTOROLA and Interference Anal sis Total Vendor Cost 30 $5,250.00 3.0 System Inventory 3.1 Infrastructure Inventory Motorola will conduct an inventory of City of Beaumont/Jefferson County 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 service centers and/or third-party subcontractors,will do everything possible to minimise disruption to dispatch operations. Any required changes to daily operations will be planned in advance and agreed upon by the licensees. 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 Beaumont/Jefferson County'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 change order. The inventory services are limited to the equipment specifically affected by rebanding for the licensee's system. 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. For systems that require only 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 the require reprogramming,quantities of subscribers in each family must be determined 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 will be required since they are exchanged on a one-for-one basis. A sample audit will be performed when necessary on certain subscriber units to determine the need for replacement. City of Beaumont and Jefferson County will be working with Motorola to meet the requirements as stated in the Motorola SOW. System Inventory deliverables include: Deliverables Estimated Date of Completion Infrastructure inventory report for reconfiguration pj9p9sal. 135 days after fully executed PFA Subscriber in entory report for reconfiguration proposal 135 days after fully executed PFA Page 9 of 18 CONFIDENTIAL Internal Labor Table Planning Cost Start End Labor Labor Rate ory ost Expenses Labor Name Category/Tasks Date Date Hours (Hrs x Rate) System Inventory Infrastructure 0.00 Invent Subscriber 26 $17.00 $442.00 CITY OFBEAUMONT Inventory Total Internal Cost 26 $442.00 Vendor Labor Table Planning Cost Start End Labor Labor Rate Cost Expenses Vendor Name Category/Tasks Date Date Hours (Hrs x Rate) System Inventory Infrastructure 22 $175.00 $3,850.00 MOTOROLA Inventory Subscriber 26 $148.00 $3,848.00 MOTOROLA Inventory Total Vendor Cost 48 $7,698,00 4.0 Engineerin&lmnlementation Planning 4.1 Interoperability Planning Internal and Vendor labor funding for coordination efforts with external agencies(see spreadsheet in Motorola SOW)to ensure accomplishment of interoperability needs. 4.2 Site Reconfiguration Planning Motorola will generate a Reconfiguration Design which will consist of,at a minimum,a Method of Procedure, cutover plan and system test plans. Motorola will develop the Method of Procedures which details the process steps,timeline,measurable deliverables, resources needed and cutover steps. Where applicable,contingency planning required to effectively reband the system will be provided in the least disruptive manner. The MOP also includes the cutover plan from the current frequencies to the new ones. The plans will be reviewed by licensees. Develop with the City of Beaumont/Jefferson County,baseline and acceptance test plans to demonstrate comparable facilities. 4.3 Retune/Reyrogram/ReDlace Determination The 800 MHz fixed network equipment 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 to perform this work. Activities include: Formatting inventory data for assessment. Engineering analysis of assessment report Equipment list generation of required kits,software and or upgrades required by each piece of equipment to be reconfigured. Page 10 of 18 CONFIDENTIAL Engineering(Implementation Planning deliverables include: Deliverables Estimated Date of Completion Interoperability plan section of reconfiguration proposal 13 5 days after fully executed PFA Method of procedure,cutover/fallback plan,baseline and acceptance 135 days after fully executed PFA testing and retune-reprogram-replace plan, Suitability assessment report for inclusion in reconfiguration pr sal. 135 days after fully executed PFA Internal Labor Table Planning Cost Start End Labor Labor Rate Cost Expenses Labor Name Category/Tasks Date Date Hours (Hrs xRate) Engineering/ Implementation Plannin Interoperability 20.0 50.00 1,000.00 COB/JCSO Plannin Site NA Reconfiguration Planning Retune/Reprogram/ NA Replace Determination Total Internal Cost 1,000.00 Vendor Labor Table Planning Cost Start- End 'Libor Labor Rate Cost Expenses Vendor Category/Tasks Date, Date Hours (Hrs x Rate) Engineering/ Implementation Planning Interoperability 5.0 $175.00 $875.00 MOTOROLA Planning Site 130.0 $175.00 $22,750.00 Reconfiguration MOTOROLA Planning Retune/Reprogram/ 52.0 $175.00 $9,100.00 MOTOROLA Replace Determination Total Vendor Cost ' 187.0 $32,725:00 5.0 Legal Costs(Limited to attorney's fees no proiect management costs) 5.1 PFA Negotiations 5.2 PFA Contract Review CONTRACT AND DOCUMENT REVIEW BY COUNTY AND CITY LEGAL STAFF 5.3 FRA Negotiations(optional) 5.4 FRA Contract Review(optional) Page 11 of 18 CONFIDENTIAL Internal Labor Table-PFA Planning Cost Start End Labor Labor Rate Cost Expenses Labor Name Category/Tasks Date Date Hours (Hrs x Rate) Legal(PFA) PFA Legal Advice PFA Negotiations* PFA Contract ;20 $150.00 $3,000.00 CO viC Review Total Internal Cost $3,000.00 *Negotiations not applicable for Fast Track Vendor Labor Table-PFA Planning Cost Start End Labor Labor Rate Cost Expenses Vendor Name Category[Tasks Date Date Hours (His x Rate) Legal(PFA) PFA Legal Advice PFA Negotiations* PFA Contract Review Total Vendor Cost 00 *Negotiations not applicable for Fast Track Internal Labor Table-FRA Planning.Cost Start End Labor I .Labor Rate Cost Expenses Labor:Name Category/Tasks i Date Date Hours (Hrs x Rate} Legal(FRA) FRA Legal Advice FRA Negotiations FRA Contract Review Total Internal Cost Vendor Labor Table-FRA Planning Cost Start End., Labor Labor Rate Cost Expenses Vendor Name Category/Tasks Date Date Hours (Hrs x Rate) Legal(FRA) FRA Legal Advice FRA Negotiations FRA Contract Review Total Vendor Cost 00 6.0 Proiect Management 6.1 Planning Support The 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 licensees are fully meL The Project Manger will participate in all major activities associated with the reconfiguration planning activities described in the statement of work The Project Manager will coordinate with the licensees,Motorola's service stations 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 Page 12 of 18 CONFIDENTIAL performance will be performed by the Motorola PM. City of Beaumont and Jefferson County will be working with Motorola to accomplish the rebanding. 6.2 Negotiations 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. City of Beaumont and Jefferson County will be working with Motorola to accomplish the rebanding. Project Management deliverables include: Deliverables Estimated Date of Com letion Complete Project Plan 135 days after fully executed PFA Internal Labor Table Planning Cost ` Start s End Labor L abor Rate Cost Expenses Labor Name Category/Tasks ' Date Date Hours (Hrs x Rate). Project Management Planning Support 20 20.0 $400.00 COB/JC Negotiations 20 20.0 $400.00 COB/JC Support* Total Internal Cost $800.00 *Negotiations support expected to be minimal or not applicable for Fast Track Vendor Labor Table Planning Cost Start End Labor Labor Rate Cosh Expenses- Vendor'Name.; Category/Tasks Date Date Hour's lHrs z Rate) . Project Mana ement Planning Support 104 $175.00 $18,200.00 MOT04ROLA Negotiations 18 $175.00 $3,150.00 MOTOROLA Su ort* Total Vendor Cost 122 $21;350,00 *Negotiations support expected to be minimal or not applicable for Fast Track 7.0 Other Other deliverables include: Processing of the TA2.6 Deliverables Estimated Date of Completion [::C:0Mplete TA2.6 1 Complete Page 13 of 18 CONFIDENTIAL Internal Labor Table Planning Cost Start End Labor Labor Rate Cost Expenses Labor Name Category/Tasks pate Date Hours (Hrs x Rate) Other(explain) TA2.6 16.0 $50.00 $600.00 COBIJCSO Total Internal Cost $800-00 Vendor Labor Table Planning Cost Start End Labor Labor Rate Cost Expenses Vendor Name Category/Tasks Date Date Hours (Hrs x Rate) Other(explain) Total.Vendor Cost Page 14 of 18 CONFIDENTIAL Planning City of Beaumont, TX $1,000 (See Schedule B for detail) Project Management Motorola $21,350 (See Schedule B for detail) City of Beaumont, TX $800 Other Costs(provide detailed City of Beaumont, TX $800 description of nature of cost)Time to prepare the TA form 2.6. Total Estimated Planning Costs $73,065 Certification Pursuant to the Order, Incumbent hereby certifies that the funds requested are the minimum necessary to support the planning activities to provide facilities comparable to those currently in use. Incumbent further certifies, to the best of Incumbent's knowledge, that any Planning Vendor costs listed on Schedule C are comparable to costs that Planning Vendor previously charged Incumbent for similar work. S ignature: Print Name: Title: Phone Number: E-mail: Date: Signature: Print Name: Title: Phone Number: E-mail: Date: Page 16 of 18 CONFIDENTIAL EXHIBIT 1 Incumbent Information THE FOLLOWING QUESTIONS ARE REQUIRED FOR PROCESSING ELECTRONIC FUNDS TRANSFERS. ALL INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY CONFIDENTIAL AND WILL BE USED ONLY IN COMPLETION OF THE PLANNING FUNDING AND FREQUENCY RECONFIGURATION TRANSACTION. I. INCUMBENT INFORMATION Please provide the following information: pn Company/Name: C fi'- � - Contact: t r\d f c, n;o it Title: Address: City/StatelZip: Phone: 4 2e ) Fax: �L.(—'-n-) _ u-3 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; C G p+cd O rw, o,n k Address of Bank: P "tl , ('��y Z� ) pc, ,r te t -M�3L4 City/State/Zip: Bank Phone#: Vii ) �3° 1 a-3 ABA(Routing#): 1 1 L G C7 C) 1 Account Name on Account: ►idl'-)fL ' C-phr�o ni rcxt 4-!DQ C<.:+- Federal, State or Individual SS #: 1 4 (o a Name of Brokerage Firm(if applicable): Brokerage Account# (if applicable): In the event Incumbent will not provide information for electronic funds transfer,Incumbent acknowledges that all payments made by check will be mailed within thirty (30) days of the date of performance required by Incumbent(for each payment) as stipulated in the Agreement. Acknowledged by Incumbent: (signature required only if Incumbent does not want an electronic funds transfer) Page 17 of 18 CONFIDENTIAL III.TAX LNFORMATiON The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the information below. If you have specific questions about your tax implications in this transaction,you should consult your own accountant or financial advisor. Incumbent's Federal, State or Individual Tax 1D#, FEIN(Federal) or SSN(individuals): State(s)—sales tax license,resale permit, Lo employment, etc.): KY\Q Y- Local (if applicable): Current State and County location for your principal executive office: S•E(-�,���;� C,����x 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: TIC wti-�� c Print Name: Title: Late: 1 ) L Page 18 of 18