The URL can be used to link to this page

Home My WebLink AboutSprint-Frequency Reconfiguartion Agreement-03.24.2008 ' - Sprint Nextel Stephen (Steve) Miller !4 4643 South Ulster St.,Suite 200 s � � Pro3ect Manager—Spectrum Group �i , r 4 ' Denver, Colorado 80237 800 MHz Reconfiguration 'Tdg reraifr 'EL ki Office: (303) 889-2057 Fax;(913) 523-8779 Email: Stephen.2.Miller@Sprintcom -01 - e. a-ot -e)57 January 24, 2008 FEBVIA Federal Express ma , 1 City of Waterloo, Iowa - 1 20�?3 Louis Cutwright; Building Official & Maintenance Administra M 715 Mulberry ': re Waterloo, Iowa 50703 "'``' (319) 291-4319 >>. RE: DL 8910428568 6 Notice of Retuning Schedule related to the Frequency Reconfiguration Agreement dated April 11, 2007, ("Agreement") between City of Waterloo, IA, ("Incumbent") and Nextel West Corp., ("Nextel"). Dear Mr. Cutwright, Pursuant to the Frequency Reconfiguration Process and the Retuning Cooperation Sections of the above referenced Agreement, Nextel, by this letter, is providing Notice to Incumbent of the "Schedule" (as defined in the Agreement) to begin and complete the reconfiguration contemplated by the Agreement. Your Phase 2 NPSPAC Implementation Schedule has been determined to be as follows: 1. Nextel will ensure that, the Replacement Frequencies will be cleared of all users following the grant of a modification to add the Replacement Frequencies to Incumbent's license or grant by the FCC of a new FCC license for Incumbent that includes the Replacement Frequencies. Nextel will ensure that, the Replacement Frequencies will be cleared of all users no later than March 24, 2008, ("Nextel Clear Date"). 2. The FCC Applications for the Replacement Frequencies will be filed by Nextel (unless otherwise indicated in the Agreement) no later than 20 business days prior to the Nextel Clear Date. 3. Nextel will notify Incumbent of the decommissioning of the Replacement Frequencies' within five (5) business days following completion. 4. Incumbent will then begin their infrastructure retune on March 24, 2008, and will clear all users from the Incumbent Frequencies and have completed the infrastructure retune no later than April 23, 2008, (`Incumbent Clear Date"). 5. Incumbent will notify Nextel that Incumbent has completed the infrastructure retune and cleared the Incumbent Frequencies of users within five (5) days following the Incumbent Clear Date. July 30, 2007 Page 2 If there are any concerns or issues related to Incumbent's ability to complete its activities related to this Schedule on time, please contact me as soon as possible. If there are any concerns related to the FCC filings related to this Agreement, please contact Robin Cohen in our Government Affairs department. Please sign the acknowledgement below indicating your acceptance to the Schedule as outlined in this letter, and: (1) return a signed copy by fax to (678) 405-8252, and, (913) 523-8779, (2) return two originals of the signed letter to us in the pre- paid FedEx envelope enclosed. The letter will be signed on behalf of Nextel and an original will be returned to you for your records. Thank you for your attention to this matter. /:::5,___\. Sincerely, Steve Miller; Project Manager Sprint Nextel Incumbent and Nextel hereby acknowledge and accept the terms presented by Nextel in this letter to constitute the Schedule for purposes of complying with the above referenced Agreement: Incumbent: Nextel: By: By: Name: Lett�s-6mtwri.ght i1'h Nuirjel, Name: William Jenkins Title: Building Official & Maintenafg-y0t Title: VP Spectrum Management Administrator Cc: Heather P. Brown; Senior Counsel - Sprint Nextel City of Waterloo, Iowa Mayor's Office 715 Mulberry Waterloo, Iowa 50703 (319) 291-4301 Wallace W. Butler, Retired Craig O. Clark 1923-2004 ' Fred G. Clark,Jr 1922-1984 r' Rebecca A. Feiereisen Clark, Butler, Timothy W. Hamann Jared R. Knapp A1alsh & Hamann Christy R. Liss James E.Walsh,Jr ** Christopher S. Wendland Attorneys At Law 315 E. 5th Street•PO. Box 596■Waterloo, Iowa 50704■ (319) 234-5701 * Also admitted in Minnesota FAX (319) 232-9579 ■ wloolaw@attglobal.net ** Also admitted in Illinois, Minnesota and Wisconsin February 13,2011 : Louis Cutwright t. City of Waterloo :c:>` Waterloo Building Inspections , ' - ' 715 Mulberry Street / r �' Waterloo, IA 50703 �, ,3 RE: Frequency Reconfiguration Agreement Dear Lou: .� . I am sure you remember that about a year ago the City entered the above agreement with Nextel West Corp. regarding reconfiguration of public safety radio frequencies. I recently received an e-mail from Nextel's legal counsel about an amendment to the agreement. It appears to me that the only purpose of the amendment is to move certain equipment from one agreement exhibit to another. Schedule D'had listed certain equipment that would be provided by Nextel and left in place for the City's benefit at no charge to the City. The amendment strikes this schedule and moves/adds certain equipment to Schedule C, which identifies equipment and costs for which Nextel will reimburse the City. So long as you have everything you need for a fully operational system and are satisfied with the degree to which Nextel is reimbursing you, then I think the amendment is satisfactory. On this basis, I submit to you the proposed amendment for further processing through your office and with City Counsel. You need to sign and date the very last page near the bottom,just beneath the certification. The amendment that needs to be presented to the City Council for approval and signature by the Mayor. After all signatures have been obtained, please return it to me for further handling with Nextel. If you have any questions or comments, please let me know. Otherwise, I look forward to receiving the agreement back from you in a few weeks. Thank you. Sincerely, CLARK, BUTLER, WALSH& HAMANN ( Q 4 By Chris Wendland CSW:eb Enclosures S.\EL LEN\CHRIS\C ITY\cutwright.FEB 13.wpd FIRST AMENDMENT TO FREQUENCY RECONFIGURATION AGREEMENT THIS FIRST AMENDMENT TO FREQUENCY RECONFIGURATION AGREEMENT • ("Amendment") amends and revises that certain Frequency Reconfiguration Agreement (the "Agreement"), dated April 11, 2007, by and between by and the City of Waterloo,Iowa, ("Incumbent"), and Nextel West Corp. ("Nextel"). All capitalized terms not defined herein shall have the definitions set forth in the Agreement. AGREEMENTS Incumbent and Nextel, in accordance with the provisions of the Agreement, hereby amend and revise the Agreement as follows: 1. Schedule C: Schedule C to the Agreement is revised and is attached to this Amendment. 2. Schedule D: Schedule D to the Agreement is deleted in its entirety and all references to Schedule D contained in the Agreement are deleted. 3. No Other Change: Except as set forth above, there is no other revision or amendment to the Agreement or the obligations of the Incumbent and Nextel. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have duly executed this Amendment as of this day of 2008. INCUMBENT: NE? ,TEL: City of Waterloo, Iowa NexfilkilidsMetforp. By: / By: By: Name: i, m + Y Naname: Title: 1) f a v o r TitleTitle: Page 1 of 4 CONFIDENTIAL SCHEDULE C 800 MHZ RECONFIGURATION COST ESTIMATE—CERTIFIED REQUEST Incumbent's Name: City of Waterloo, Iowa Request for Reconfiguration Funding Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to fund the following estimated reconfiguration costs: Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent $22,760.00 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 A). Nextel will pay any outstanding balance of the Actual Costs due to Incumbent within 30 days after the Reconciliation Date (as "Actual Costs" and "Reconciliation Date"are defined in Section 3(b)(i)). Vendor Payment Terms: Nextel will pay each Vendor an amount not to exceed the Estimated Cost(s) for that Vendor with respect to each category of work, as set forth below. Nextel will pay each Vendor within 30 days after receipt by Nextel of(A)an invoice from the Vendor and(B)Incumbent's approval of receipt of goods and services and approval of associated costs included on the Vendor invoice. Description of Work To Be Payee(separately identify fy Estimated Cost(s) Incumbent and each Vendor for Incumbent being paid for work performed) and each Vendor (Not to exceed listed amount) Equipment Retune Costs (14)Mobile Radios retuned Waterloo,City of @ $65/unit 715 Mulberry $910 Waterloo,IA 50703 (124)Mobile Radios retuned (Incumbent) @ $100/unit $12,400 (126) Portable Radios retuned @ $65/unit $8,190 (40)Portable Radios retuned @ $100/unit (18)Control Stations Retuned @ Waterloo, City of $4,000 $65/hr 715 Mulberry $1,170 Waterloo, IA 50703 (7) Control Stations Retuned @ (Incumbent) $100/hr $700 WaterlooFRA amendment Page 2 of 4 CONFIDENTIAL (7)Repeaters retuned @ $371.43/unit(40hrs @$65/hr) $2,600 (7)Amplifiers set-up and install @ $185.72/unit(20hrs @ $65/hr)* $1,300 (7)Zetron Controllers set-up and install @$185.72/unit(20hrs @ $1,300 $65/hr)* (1)TX-RX Filter set-up and install @ $520/unit(8hrs @ $65/hr)* $520 (1)Multi Coupler set-up and install @ $520/unit(8hrs @ $65/hr)* $520 (1)Combiners retuned @ $520/unit(8hrs@$65/hr)* $520 Gather all loaner equipment for temporary install $520 *(RCSystems provides this loaner equipment @ no charge) Engineering/Consulting Fees (list description of work being performed) Project management coordination, Waterloo,City of scheduling& notification 715 Mulberry $4,500 Waterloo, IA 50703 Engineering-Intermod Study with (Incumbent) Users $900 Legal Fees Clark, Butler, Walsh, Hamann $800 315 East 5th Street Review FRA with Incumbent and PO Box 596 Sprint/Nextel Waterloo, IA 50704 8.43hrs @ $95/hr. Other Costs (provide detailed description of nature of cost) Installation of antenna, cable and Waterloo, City of combiner networks required for to 715 Mulberry accommodate new frequency Waterloo, IA 50703 requirements as current combiner (Incumbent) WaterlooFRA amendment Page 3 of 4 • CONFIDENTIAL cannot accommodate frequency spread. Labor,per hour. Rigging, Hoisting, &Install antenna& Cable 2 Tower crews required @$125/hr and 2 Ground crews required @ $50/hr $5,600 1 Antenna, 10bd Gain omni Radio Communications Company w/clamp set @$1035.20 1657 Falls Ave $1,035.20 1 Side Mount Bracker Assy @ $175 Waterloo, IA 50701 $175.00 5 Superflex Jumpers @ 66.83/ea 319-234-3511 $334.15 400ft Heliax Cable @$7.49/ft (Vendor) $2,996.00 2 Connectors(Female)@ $307.78/ea $619.56 2 Cable grounds @$23.79/ea $47.58 1 Polyphaser surge protector, combining @$81.40 $81.40 10 Hangers, Helix cable 10pk @ $23.78/es $237.90 2 Hoisting grip @$23.41 2 Weather proof kits @ $16.362ea $46.82 1 Combiners 2 channel @$2,855.35 $32.64 $2,885.35 Total Estimated Costs $54,941.60 Certification Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed pursuant to the Order that the funds requested above are the minimum necessary to provide Incumbent reconfigured facilities comparable to those presently in use. Incumbent further certifies, to the best of Incumbent's knowledge, Incumbent certifies that any vendor costs identified on the Schedule C are comparable to costs previously charged by each such vendor to Incumbent. Signature: Print Name: L is utwright Title: Building Official and Maintenance Administrator Phone Number: (319)291-4319 E-mail louis.cutwright@waterloo-ia.org Date: February ,2008 WaterlooFRA amendment Page 4 of 4 �T1 e�-L^