Nextel Operations Inc/Planning Funding
.....rrl!;\.IVED, AS TO
FORM I'IY: '1l1
-
CONFIDENTIAL
PLANNING FUNDING AGREEMENT
[800 MHZ RECONFIGURA nON]
This PLANNING FUNDING AGREEMENT ("Agreement") is made this _ day of
~ 2006 ("Effective Date"), by and between HAMILTON COUNTY, a municipal subdivision
of the state of Indiana, having an address of 18100 Cumberland Road, Noblesville, IN 46060, and
the CITY OF CARMEL, a municipal subdivision of the state of Indiana, having an address of31 I"
Avenue, NW, Carmel, IN 46032 (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 individually be referred to in this Agreement as a "Party" or collectively as the
"Parties. "
RECITALS
A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a
Report and Order that modified its rules governing the 800 MHz band for the purpose
of reconfiguring the 800 MHz band to minimize harmful interference
("Reconfiguration").
B. On December 22, 2004, the FCC issued a Supplemental Order and Order on
Reconsideration and on October 5, 2005, the FCC issued a Memorandum Opinion
and Order. The August 6, 2004, December 22, 2004, and October 5, 2005 FCC
orders and any supplemental FCC orders in the Reconfiguration proceeding after the
date of this Agreement, are collectively referred to as the "Order."
C. Incumbent and Nextel are licensed on frequency allocations subject to
Reconfiguration pursuant to the Order. The Incumbent's licenses are hereinafter
referred to as the "Incumbent Licenses" and are identified in Schedule A.
\,
D. Pursuant to the Order, Nextel and Incumbent'intend to enter into an 800 MHz
Frequency Reconfiguration Agreement ("Reconfiguration Agreement") that will
define the Parties' respective obligations regarding the Reeonfiguration, including
without limitation Nextel's obligation to pay for the costs required to reconfigure
Incumbent's existing system to comparable facilities.
E. In order to facilitate the negotiation of the Reconfiguration Agreement, the Parties
intend to enter into this Agreement for the purpose of Nextel paying the costs
incurred by Incumbent to conduct the planning activities necessary to negotiate and
enter into a Reconfiguration Agreement with Nexte!.
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
AGIU<:EMENT
1. Plannin!! Activities: In order to facilitate the negotiation of a Reconfiguration
Agreement the Parties acknowledge and agree that the Incumbent must conduct the planning
activities which are described by the statement of work identified in Schedule B ("Planning
Activities").
Page 10f41
CONFIDENTIAL
2. Reimbursement of Costs:
(a) Acknowledgement. To the best of the Parties' present knowledge and belief, the
Parties agree that the cost estimate set forth in Schcdule C (the "Planning Cost Estimate") sets
forth a commercially reasonable estimate of minimum costs required to conduct the Planning
Activities.
(b) Payment Terms. In order to facilitate the Incumbent's completion of the
Planning Activities, Nextel shall pay those costs reasonably and prudently incurred by Incumbent
that Nextel is required to pay pursuant to the Order, subject to submission of supporting
documentation as provided in Section 2(b)(i) ("Actual Costs"). Incumbent has provided, in good
faith, the Planning Cost Estimate (in Schedule C) of the Aetual Costs. Nextel shall make
payments in accordance with the payment terms identified in Schedule C. which shall include
payments made directly to Incumbent, and payments made on behalf of Incumbent directly to
each third party product and/or service vendor identified on the Planning Cost Estimate
("Vendor(s)") or any other' Vendor identified in an amendment to this Agreement pursuant to
Section 16.
(i) Prior to the Closing Date (as defined below), Incumbent shall submit to Nextel
documentation (such as invoices, receipts, service tickets, and timesheets or equivalent
documentation) reasonably demonstrating the Actual Costs. Upon receipt by Nextel of
documentation of the Actual Costs, Nextel and Incumbent will reconcile the Actual Costs against
the payments made by Nexte] to Incumbent and the Parties will agree upon the amount of any
additional payments (subject to Section 5) due to Incumbent or any refunds due to Nextel.
Nextel, if requested in writing by the Incumbent, shall provide Incumbent with reasonable
documentation signed by each Vendor evidencing that payment for the services and/or supplies
Nextel paid directly to the Vendor(s). The effective date upon which the Parties mutually agree
on reconciliation is the "Reconciliation Date". All payments. due to Incumbent from Nextel,
pursuant to this Section, which have not been previously remitted will be disbursed to Incumbent
within thirty (30) days following the Reconciliation Date except as provided below in Section
2(b)(ii). Any refunds due from the Incumbent to Nextel will be made within thirty (30) days of
the Reconciliation Date.
(ii) In the event Incumbent's Actual Costs exceed the Planning Cost Estimate,
Incumbent shall submit a Change Notice pursuant to Section 5 of this Agreement describing the
change in work or materials that resulted in Incumbent's Actual Costs exceeding the Planning
Cost Estimate. Approval of any 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 the Actual Costs exceeding the Planning Cost Estimate, as agreed on the
Reconciliation Date, will be disbursed to Incumbent within thirty (30) days following both Parties
executing an amendment to this Agreement regarding the change(s), pursuant to Sections 5 and
16.
3. Confidentialitv: The terms of this Agreement and any proprietary, non-public
information regarding the incumbent frequencies, replacement frequencies to be provided by
Nextel, Nexte!'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 suryive the Closing or termination of this Agreement for a period of two (2)
years. The Parties may make disclosures as required by law and to the Transition Administrator
as required to perform obligations under this Agreement, provided, however, that each Party will
Page 2 of4\
CONFIDENTIAl"
use its commercially reasonable best efforts to cause its Agents to honor the provisions of this
Section.
4. Review Ri!!hts: 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 the Planning
Activities contemplated by this Agreement and those amounts Nextel has paid or will pay to
Incumbent or its Vendor(s) pursuant to this Agreement. The Incumbent agrees to maintain such
records and make them reasonably available to the Transition Administrator for review or
reproduction until eighteen (18) months following the Closing Date (as defined below). As used
in this Section and as it relatcs to Incumbent, "records" includes all documents presented to
Nextel pursuant to Section 2(b)(i), and supporting documentation thereto.
5. Notice of Chan!!es:
(a) The Parties acknowledge and agree that changes to the work and the costs as
contemplated in this Agreement may arise. The Parties agree that their review of any such
needed changes must be performed expeditiously to keep the Planning Activities on schedule. If
either Party believes that any change(s) to the Planning Activities cootemplated by this
Agreement is required (including changes by Vendors) and said change(s) is anticipated to result
in an increase of costs over the total Planning Cost Estimate, such Party shall promptly notify the
other Party in writing for the purpose of facilitating an expeditious reconciliation. Such written
notice ("Change Notice") shall set forth (i) a description of the change to the work contemplated
by this Agreement, (i1) the reason for the change in the work, (iii) an estimate of the increase in
the Planning Cost Estimate, and (iv) any anticipatcd increase or decrease to the time required to
complete the Planning Activities.
(b) Upon receipt of a Change Notice, the receiving Party shall immediately perform
its own analysis of the need for change, its impact on the Planning Cost Estimate, and any effect
on the timing of the transactions contemplated by this Agreement. For each Change Notice, the
receiving Party shall have ten (10) business days to respond in writing to the other Party
("Change Response"). The Change Response shall either (I) accept the Change Notice without
exception, or (ii) object to the Change Notice and specifically address the basis for such
objection. If the receiving Party accepts the Change Notice without exception the Parties shall
cooperate in good faith to promptly prepare a proposed amendment to this Agreement pursuant to
Section 16 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 complete the Planning
Activities. No change to the Planning Cost Estimate, or the work contemplated by the Planning
Cost Estimate shall become effcctive until the Transition Administrator has approved the change
in writing pursuant to its authority granted by the Order and both Parties have signed an
amendment incorporating such approved change into this Agreement pursuant to Section 16. If
the rccciving Party objects to the Change Notice, the Parties shall have twenty (20) business days
following receipt by the other Party of the Change Response to negotiate in good faith a
resolution and amend this Agreement in accord with this Section 5(b).
6. Disputes: The Parties agree that any dispute related to this Agreement, including
without limitation Nexte!'s obligation to pay the cost of any Planning Activities related to
Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with
the dispute resolution provisions of the Order, as it may be modified or amended from time to
time.
Page30f41
CONFIDENTIAL
7. Closinl!: The closing ("Closing") of the transactions contemplated by this
Agreement shall take place after: (i) delivery by Incumbent to Nextel of all the documentation
required pursuant to Section 2(b)(i); (ii) any refund to Nextel or payment to the Incumbent has
becn made in accord with this Agreement; (iii) reconciliation has occurred in accord with this
Agreement; (iv) Vendors have been paid in accord with this Agrecment; (v) any Closing
instmmcnts and/or documents have been executed; and (vi) the satisfaction of all other conditions
specified in this Agreement (thc "Closing Date").
8. Clos/n.1! Conditions: Performance of each Party's Closing obligations is subject
to satisfaction of the following conditions (except to the extent expressly waived in writing by the
other Party):
(a) the continued truth and accuracy of the other Party's representations and
warranties set forth in this Agreement;
(b) all of the obligations of the other Party descrihed in this Agreement are
performed in all material respects; and
(c) cxecution and delivery by the other Party of any Closing instruments and/or
documents either Party or its counsel may reasonably request.
9. Reuresentations and Warranties:
(a) Nextel hereby represents and warrants to the Incumbcnt the following:
(i) it is duly organized, validly existing and in good standing under the laws of the
state of its incorporation;
(ii) this Agreement has becn duly authorized and approved by all required
organizational action of the Party;
(iii) neither the execution and delivery of this Agreement nor the consummation of
the transactions contemplated by this Agreement will conflict with, or result in any material
violation or dcfault under, any term of its articles of incorporation, by-laws or other
organizational documents or any agreement, mortgage, indenture, license, permit, lease,
encumbrance or other instmment, judgment, decree, order, law or regulation by which it is bound;
(iv) to the best of its knowledge, information, and belief, there is no pending or
threatened action or claim that would have thc possible effcct of enjoining or preventing the
consummation of this Agreement or awarding a third party damages on account of this
Agreement; and
(v) to the best of its knowledge, infomlation, and belief, all information provided to the
other Party concerning the transactions contemplated by this Agreement is tme and complete.
(b) Incumbent hereby represents and warrants to Nextel the following:
(i) it is duly organized, validly existing and in good standing under the laws of the
State of Indiana;
(ii) this Agreement has been duly authorized and approved by all required
organizational action of the Party;
(iii) neither the execution and delivery of this Agreement nor the consummation of
the transactions contemplated by this Agreement will conflict with, or result in any material
Page 4 of 41
CONFIDENTIAL
violation or default under, any term of its articles of incorporation, by-laws or other
organizational documents or any agreement, mortgage, indenture, license, permit, lease,
encumbrance or other instrument, judgment, decree, order, law or regulation by which it is bound;
(iv) to the best of its knowledge, information; and belief, there is no pending or
threatened action or claim that would have the possible' effect of enjoining or preventing the
consummation of this Agreement or awarding a third party damages on account of this
Agreement; and
(v) to the best of its knowledge, information, and belief, all information provided to
the other Party concerning the transactions contemplated by tlns Agreement is true and complete.
All representations and warranties made in this Agreement shall survive up to and through
the Closing.
10. Vendor Performance Issues: Incumbent will select and contract directly with
any Vendor or service provider performing work required to complete the Planning Activities in
accord with this Agreement. Nextel shall not be responsible for any act or omission by any
Vendor(s) in its performance or nonperformance under any agrcement with Incumbent, unless
Vendor's performance or nonperformance arises out of Nexte!'s failure to perform under this
Agreement. The Transition Administrator shall not be responsible for any act or omission by any
Vendor(s) in its performance or nonperformance under any agreement with Incumbent.
II. Liens: If any liens or security interests attach to any ofIncumbent's facilities in
favor of any Vendor or service provider that is performing any Planning Activities contemplated
by this Agreement as a result ofNextel's breach of any obligation to make direct payment to such
Vendor or services provider, Nextel, within thirty (30) days following written notice from
Incumbent, shall effect a discharge of any liens or security interests (collectively "Liens"). If
Nextel fails to affect a discharge of any valid Lien within such period, then, in addition to any
other right or remedy of Incumbent, Incumbent may, at Incumbent's election, effect a discharge
of the Lien. Nextel shall be responsiblc for paying any and all costs and/or expenses directly
resulting from the Liens, whether paid to Incumbent or directly to the lienholder on behalf of and
as directed by Incumbent.
12. Force Maieure Events. Neither Party shall be liable to the other for any failure
of performance under this Agreemcnt due to causes beyond its control following a Party's
reasonable, commercial or regulatory diligence, including but not limited to, acts of God, fire,
flood or other catastrophes; military authority; national emergencies; unavailability of materials,
real property, or rights-of-way; insurrections, riots, wars, or strikes, lock-outs, work stoppages or
other labor difficulties (collectively, "Force Majeure Events"). In the event of any delay or
inability to perform. resulting from Force Majeure Events, upon written notice to the other Party
promptly following the occurrence of the event giving rise to the delay or nonperformance, the
time for performance hereunder shall be extended for a period of time reasonably necessary to
overcome the effects of such delays. Except as otherwise specifically provided herein, this shall
constitute the sole remedy in the event of such delays.
13. Termination: This Agreement may be terminatcd and the transactions
contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in
writing; (ii) for cause by either Party upon material breach of the other Party, following a thirty
(30) day period for cure by the breaching Party following receipt of written notice of the breach
or (iii) by either Party in the event of any Adverse Decision by any governmental entity of
competent jurisdiction affecting the Order. For purposes of this Agrcement, an "Adverse
Decision" means an order, decree, opinion, report or any other form of decision by a
Page5of41
CONFIDENTIAL
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 the Party reasonably
determines, in its sole discretion, to be adverse to its inlerests. A Party terminating this
Agreement as a result of an Adverse Decision shall provide the non-terminating Party with
wrilten notice of its intent to terminate, In the event of termination of this Agreement resulting
from an Adverse Decision, the Parties shall take all necessary action within ten (10) business days
following the tenninating Party's notice to return the status quo ante measured as of the Effective
Date of this Agreement. In the event of termination of this Agreement by Nextel, Nextel shall pay all
costs associated with the return to the status quo ante except if such tennination was due to an
uncured material breach by Incumbent.
14. 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:
Hamilton County Nextel Operations, Inc.
18100 Cumberland Road clo Sprint Nextel Corporation
Noblesville, IN 46060 2000 Edmund Halley Drive
Attn: Captain Benny J. Craig Reston, VA2019I
Phone: (317) 773-1872 Altn: Heather P. Brown, Esq.
Fax: (317) 776-9835 Phone: (703) 433-4000
Fax: (703) 433-4483
And to: With a copy that shall not constitute Notice:
City of Carmel Sprint Nextel Corporation
31 1" Avenue NW 6575 The Comers Parkway
Carmel, IN 46032 Norcross, GA 30092
Altn: Marvin Stewart Altn: Julian 1-1, Edwards, VP Spectrum Resources
Phone: (317) 571-2593 Phone: (678) 405-8442
Fax: (678) 405-8252
With a copy that shall not constitute And a copy that shall not constitute Notice to:
Notice:
Sprint Nextel Corporation
Schwaninger & Associates, P.c. Attn: Rob Easton, Director,
1331 H Street, NW, Suite 500 SpectlUm Development
Washington, DC 20005 114 Coronation Circle
Atto: Robert 1-1. Schwaninger, Jr., Esquire Bountiful, UT 84010
Phone: (202) 347-8580 Fax: (80 I) 296-6556
Fax: (202) 347-8607 Phone: (80 I) 294-4810
Page 6 of41
CONFIDENTIAL
15. Assilmment: This Agreement is binding upon and inures to the benefit of the
Parties and their respective successors and pennitted 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, so long as the assignee has the authority and resources to perform the
obligations of the assignor under this Agreement.
16. Amendments: This Agreement, together with the Schedules hereto, constitutes
the entire understanding and agreement between the Parties concerning the subject matter hereof,
superseding all prior oral or written agreements or understandings. This Agreement may not be
changed, modified or altered except by an agreement in writing executed by the Parties provided.
however, no amendment or modification to this Agreement shall become effective until approved
by the Transition Administrator pursuant to its authority granted by the Order. . .
17. Attornevs' Fees: The prevailing party in any legal action or proceeding in
court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is
entitled to receive its reasonable attorneys' fees, witness fees, and other reasonable enforcement.
costs and expenses from the non-prevailing party, in addition to any judgment or award and all
other remedies it may have at law or equity.
18. 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 2(b), 3, 4, 5,10 and 16.
19. Miscellaneous: If any provision(s) ofthis Agreement is held in whole or part, to
be invalid, void or unlawful by any administrative agency or court of competent jurisdiction 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 provided, however, this obligation shall not be deemed a waiver or limitation of a
Party's rights under Section 13 of this Agreement. 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 ofIndiana without regard to
conflicts oflaw principles thereof. This Agreement may be executed in one or more counterparts,
including by facsimile, which will be effective as original agreements ofthe Parties executing the
counterpart.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 7 of4\
CONFIDENTIAL
In consideration of the mutual consideration set forth herein, this Agreement is effective as
a.legally binding agreement between the Parties upon the Effective Date.
INCUMBENT:
NEXTEL:
Hamilton County, Indiana
Nextel Operations, Inc.
By:
Name:
Title:
By:
Name:
Title:
City of Carmel, Indiana
By:
Name:
Title:
Page 80f41
Approved by the Board of Public Works and Safety of the City of Carmel, Indiana, this
,2006.
day of
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date:
CONFIDENTIAL
SCHEDULE A
INCUMBENT'S LICENSES
Page 9 of 41
CONFIDENTIAL
SCHEDULE B
STATEMENT 01<' WORK
Hamilton County, Indiana
and
City of Carmel, Indiana
Request for Planning Funding
Statement of Work
Presented
to
Nextel Communications
Introduction
Hamilton County, Indiana and the City of Cannel, Indiana combined their wireless
communication and financial assets to create a 15 channel, four (4) site 800 MHz
'simulcast network. Hamilton County and the City of Cannel have negotiated and
executed an Inter-local Agreement providing each organization authorization to share
their respective frequencies. This concurrence is documented in "Interlocal Agreement
between the City of Cannel and Hamilton County, Indiana, Concerning E911
Frequencies" dated November 18, 2002. Hamilton County is licensed to operate five
NPSPAC channels and five channels from the 800 MHz Public Safety Pool under call
sign WNSD453. The City of Carmel is licensed to operate five NPSPAC channels under
call sign WNVF998. For the purposes of the FCC mandated 800MHz rebanding for call
signs WNSD453 and WNVF998, Hamilton County and the City of Cannel will
communicate and negotiate with Nextel, the 800 MHz Transition Administrator, and the
Federal Communications Commission, as a single organization through Hamilton County
as a single point of contact. From this point forward the combined Hamilton County/City
of Cannel system will be referred to as the Hamilton County system.
Page 10 of41
CONFIDENTIAL
Current FreQuencies
Hamilton County and the City of Cannel are currently licensed to operate on the
following channels:
Hamilton County City of Carmel
WNSD453 WNVF998
856.8125,811.8125 · 866.7625, 821.7625
857.8125,812.8125 · 867.350,822.350
858.8125,813.8125 · 867.800, 822.800
859.8125,814.8125 · 868.325,823.3250
860.8125,815.8125 · 868.800, 823.800
867.1875,822.1875
867.7750,822.7750
868.0750, 823.0750
868.550,823.550
868.6625, 823.6625
· General Access Channels (non-NPSPAC)
System Users
The following agencies within Hamilton County use the communication network:
Arcadia Police Department
Arcadia Street Department
Atlanta Fire Department
Atlanta Police Department
Carmel Police Department
Carmel Fire Department
Carmel Parks Department
Carmel Dept. of Conununity Development
Carmel Clay Schools
Carmel Street Department
Cicero Fire Department
Cicero Police Department
Cicero Utilities
Fishers Fire Department
Fishers Parks Department
Fishers Police Department
Fishers Street Department
Hamilton Southeastern Schools
Hamilton County Sheriff Department
Hamilton County Highway
Hamilton County Corrections
Page 11 of 41
Hamilton County EMA
Hamilton County EMS
Hamilton County Surveyor
Hamilton County Building & Grounds
Indiana State Police
Jackson Township Fire Department.
Noblesville Communications Center
Noblesville Fire Dept.
Noblesville Police Department
Noblesville Planning
Noblesville Schools
Noblesville Street Department
Noblesville Waste Water
Sheridan Fire Department
Sheridan Policc Dcpartment
Wayne Township Fire Department
Westfield-Washington Township
Schools
Westfield, Town of
Westfield Fire Department
Westfield Police Department
White River Twp. Fire Department
CONFIDENTIAL
Svstem Description
The Hamilton County system is a 15-channel, four-site EDACS GPS Simulcast Trunked
Radio Network with more than 4000 mobiles/portables/control stations. The EDACS
Network utilizes four multiple-channel trunking transmitter sites that operate on idcntical
frequency sets. The tower sites include the primary site located at the Hamilton County Jail,
the City of Carmel site, the Sheridan site, and the Fishers site. The antenna design for the
system is as follows:
Location Description Azimuth Height Above Gain
Ground
Hamilton Decibel Omni 122m 9.0dB
County Jail Products
# DB809K-XT
Carmel Radio 230 degrees 91m 8.0dB
Frequency
Systems
#BMR6A-Bl
Sheridan Decibcl 297 degrees 54.9m B.OdB
Products
#DB844H80-
XY
Fishers Decibel 110 degrees 54.9m 8.0dB
Products
#DB872HI05-
X
Obiectives and Scope
The overall objectives of the Hamilton County Rebanding Project are:
1. to brief all of the agencies using the Hamilton County system on the 800 MHz
Rebanding process.
2. to inventory all of the equipment affected by the mandated 800 MHz
Rebanding process.
3. to work with the equipment vendor to determine which equipment must be
reprogrammcd/retuned/replaced and the cost associated with each.
4. to provide Nextel an accurate inventory of equipment affected by the FCC
mandated 800 MHz Transition.
5. to provide Nextel an accurate breakdown of the minimum necessary costs
associated with the 800 MHz Transition.
6: to prepare a Transition Plan for the Hamilton County system and submit it to
Nextel.
Page 12 of41
CON}'IDENTIAL
7. to negotiate ao agreement with Nextel that allows Hamilton County to meet
their objectives.
8. to document the pre- and post-traosition radio system coverage.
9. to transition to the new 800 MHz channels with no interruption III
communications.
10. to operate a post-transition radio system that is comparable to the pretransition
radio system.
II. to minimize the impact on Hamilton County personnel and to have no
negative impact on the safety of the public served by Hamilton County.
12. to have zero financial impact on the taxpayers of Hamilton County.
The tasks to be performed for the scope of work proposed herein include the following
(cost detail for each task found in tables below):
1. Brief, in detail, the Hamilton County Sheriff and senior level personnel on the
FCC mandated 800 MHz Rebanding. Personnel include each Licensee
[Sheriff Doug Carter, Marvin Stewart (Carmel Communications Director,
Captain Benny Craig (Hamilton County Communications Director, Jill
Jennings (Hamilton County Dispatch Manager, County Attorney, Phil Parton
(LectroCom) and others as required by the Licensee].
2. Brief personnel from all 42 agencies that use the Hamilton County system on
the FCC mandated 800 MHz Rebanding to ensure cooperation. Attorney
hours required to address the contracting and Nextel interface legal aspects of
the Project plus to address legal questions associated with the FCC Report and
Order.
3. Prepare the inventory of affected equipment. The inventory will be compiled
by a combination of personnel from each user's agency, EMR Consulting, and
LectroCom. Accurate inventories have not been maintained by the user
agencies.
4. Obtain hourly labor rates from each agency participating in the Planning and
Rebanding of the Hamilton County system. Each agency representative will
be required to work with their Accounting Offices to develop an hourly cost
for each level of personnel working on this project. Additionally, each
organization will have to develop a method for tracking the hours spent for
audit purposes.
5. Interface with MIA COM aod MIA COM's Certified Dealer, LectroCom, to
determine the impact on the system. This information will be an input to the
Transition Plan cost compilation.
6. Prepare Request for Planning Funding.
7. Develop drive-test routes for pre- and post-transition coverage. Due to the fact
that the Hamilton County network is a simulcast system, transitioning to new
channels will require a verification that the system coverage has not changed.
The drive-test routes will be prepared based on known areas where coverage
issues exist, utilizing input from the users and the radio system vendor
representative, LectroCom.d
Page 13 of41
CONFIDENTIAL
8. Evaluate the new frequencies allocated to Hamilton County for operation on
the existing system, analyzing potential system intermodulation and potential
co/adjacent channel intermodulation issues. Hamilton County will transition
11 of the 15 channels. Ten of these channels are NPSPAC channels and one is
in the expansion band. Site surveys will be performed to determine potential
co-location site issues. Intermodulation analyses will only be performed for
those sites having the potential for co-location intermodulation issues and to
evaluate the channel configurations issues created by the move of the
Expansion Band channel.
9. Prepare the cost breakdown for the Hamilton County Transition Plan. This
task takes the information provided from Task 3 - Inventory, Task 4 - Internal
Labor Rates, Task 5 - MIA COM Inputs, and Task 7 - Drive Test Planning
and compiles them into a single cost spreadsheet to quantifY the complete
costs associated with the Hamilton County Transition Plan. This cost
spreadsheet is then combined with the Transition Plan preparcd in Task 10 to
become Hamilton County's Transition Plan.
10. Prepare the Transition Plan. The Transition Plan will be put in thc format
required by the Transition Administrator, providing the detail that is required
by Sprint Nextel. Attorney review is required for this document to ensure that
the language is appropriate.
DeJiverables
The following deliverables will be provided from this scope of work. The days listed in
parentheses are number of working days from signing of the Agreement.
I. Presentation summarizing the 800 MHz Rebanding issue. (three (3) days)
2. Spreadsheet to be completed by each agency to support the collection of
informaiion for the inventory. (three (3) days)
3. Spreadsheet compiling all the invcntory information into one document. (15 days)
4. Equipment cost spreadsheet identifYing all of the affected equipment and the
labor costs associated with reprogramming, retuning, or replacing the equIpment.
(20 days) .
5. Labor spreadsheet outlining the labor costs associated with the 800 MHz
rebanding. (15 days)
6. Statement of Work and Request for Planning Funding proposal. (0 days)
7. Drive test document outlining plan for pre- and post-transition coverage testing.
(30 days)
8. A report documenting interference issues created by the new allocated channels
and recommendations for resolving any interference issues discovered by the
analysis. ( 45 days)
9. Hamilton County Transition Plim. (60 days)
Page 14 of41
CONFIDENTIAL
Hamilton County Vendors
Hamilton County has retained the services of several vendors to assist with the FCC
mandated 800 MHz Rebanding Project. These vendors include the following:
Vendor Responsibility
EMR Consulting, Inc.
. Project Management
. Engineering
. FCC Licensing
. Planning Funding Preparation
. Transition Plan Development
. Inventory
. Pre- and Post-Transition coverage testing
. Negotiations
Schwaninger & Associates P.e.
. Legal representation
. Negotiations support
. Contract review/advice
LectroCom, Inc.
. System Engineering
. Equipment inventory
Page 15 of41
CONFIDENTIAL
Cost Cost
TASK Hours $/hour Cost Disbursements ,~,I~r Cat
1','Brief Inldetall"thil' '~. "':'JUI.IJ;I'ffill "':''''':~!':~
Hamiit~n 'co'urif"'~siie;iff ancN :; '"ilil~ 'I I,;'~ ~ Jl~;-ii',,,iJ)1 .~:'; Ji f , I , . "
1 "-,,Jii.;., " ,
.",JltT1'I" I "'J"ln,' II 'Yl""l'lrlll 'I _oj lWI'iiW1 ',~' }l ;"'1 j.'!:ltl ~ ki",' l.,!,
sen or eve. personne ion,I' I 'J'!! . ' ;' ',..1l!1. 01' " ',.,'
,I" ',Ir'tl"~ jiB I k I" It! h' +'''~. - iii '. l '" .,' ~
'the,FCCJmandated,800 MHz ,;,t :It:; '(1."""'" :~h,~~;~',' T,L.:;;,: ~lll~:~ :tl;.i:i,:J11l!;,!" ,j. ,i)" I'" ' ';. ,;".
'. ," ~i(r"~' f'jlm f'''I'I'l' , II~liJI 'jll),'l'j rft'",
rebandin ;" ,,,~;;I1;~~!Y!i~ijtl!((j,,,,,..:':,;,~;; fhJ,; IHliWirl" : ',' ,
J;!.'I:;l!I~i,.,.!.\ ,,": ,m,,,,;jI,,~,,!li:!!lill1hr,!,;,,1.,> , .. "
ORGANIZATION/LEVEL
EMR Consultinn
Executive Mananement 2 275 $550 T E
Senior Proiect Manaaer 9 205 $1,845 $100 T E
Advisorv Enaineer 2 225 $450 T E
Senior Enaineer 1
Senior Enaineer 2
Senior Technician
Technician
Administrative 6 35 $210 T E
Subtotal EMR Consultin~ 19 $3,055 $100
LectroCom
Senior Enaineer 2 150 $300 T E
Technician
Administrative
Subtotal LectroCom 2 $300
Hamilton County
Sheriff 2 80 $160 T E
Suoervisor 4 64 $256 T E
Public Safetv Professional 8 55 $440 T E
Technician 6 47 $282 T E
Administrative 2 29 $58 T E
Subtotal Hamilton County 22 $1,196
City of Carmel
Sheriff 0 80 $0 T E
Suoervisor 4 64 $256 T E
Public Safetv Professional 0 55 $0 T E
Technician 4 47 $188 T E
Administrative 0 29 $0 T E
.
Subtotal City of Carmel 8 $444
Disbursements are travel expenses.
Page 16 of 41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
2. Brief eve..yagency that "[~l, " .' .. "~::", . "'~:!Ii;,':;f~'~!~;.,;,""
. ,,",' . ' "';;111;
'~j!les ~nl~"I~~mt~~.9.ri,:,~~,lJnt~~!,:. 1-,:,;";,_.1,,,,! I. ,"
~ll:'ifW:~ili.:jiijtiij 'j .,,11:)1':; ""'1"'1'
Illj;!;., iIM;,."" 'kl!'!!""!!" .
~~.st~m~t~n1.~~,~J,f.&,9,lf:~j;:.i :, [' ,~;):if::",!; ,.'::':'!""i.,L"': ",11:;' ", <
. mandated 800 MHz ".," ;"",," ' :~!'!':; ~j::; ~-t' "';[t'.IJi' . " "'.. ..
rebanlllng to ensure ' . , ~:~ . ..
cooDeratlon.\;"''-~'\''l,]IJ 'I", ",:!A),\j '1,,:'" ,',i.:.,,_ ..ilj, ,", ;,;,. ......' .,,,.. '\::
ORGAN IZA TION/LEVEL
EMR Consultina
Executive Mananement 9 275 $2,475 T E
Senior Proiect Manaaer 13 205 $2,665 $100 T E
Advisorv Enaineer 3 225 $675 T E
Senior Enoineer 1
Senior Enoineer 2
Senior Technician
Technician
Administrative 7 35 $245 T E
Subtotal EMR Consultln!l 32 $6 060 $100
Schwaninoer & Associates 2 350 $700 T L
LectroCom
Senior Ennineer 3 150 $450 T E
Technician 3 80 $240 T E
Administrative
Subtotal LectroCom 6 $690
Hamilton County
Sheriff 1 80 $80 T E
Suoervisor 6 64 $384 T E
Pubiic Safety Professional 9 55 $495 T E
Technician 6 47 $282 T E
Administrative 0
Subtotal Hamilton County 22 $1,241
City of Carmel
Sheriff 0 80 $0 T E
Suoervisor 3 64 $192 T E
Public Safety Professional 0 55 $0 T E
Technician 3 47 $141 T E
Administrative 0 29 $0 T E
Subtotal City of Carmel 6 $333
Page 170f41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
Wayne Township
Sheriff 0 80 $0 T E
Supervisor 3 64 $192 T E
Public SafelY Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Wayne Township 3 $192
White River
Sheriff 0 80 $0 T E
Supervisor 3 64 $192 T E
Public SafelY Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal White River 3 $192
Atlanta, Town of
Sheriff 0 80 $0 T E
Suoervisor 0 64 $0 T E
Public Safe,:;;- Professional 6 55 $330 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Atlanta 6 $330
Cicero
Sheriff 0 80 $0 T E
Sunervisor 3 64 $192 T E
Public Safetv Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Cicero 3 $192
Noblesvllle
Sheriff 0 80 $0 T E
Suoervisor 3 64 $192 T E
Pubiic SafelY Professional 0 55 $0 T E
Technician 3 47 $141 T E
Administrative 0 29 $0 T E
Subtotal Noblesville 6 $333
Westfield, Town of
Page 18 of 41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
Sh'eriff . 0 80 $0 T E
Sucervisor 0 64 $0 T E
Public Safetv Professional 3 55 $165 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Westfield 3 $165
Fishers, City of
Sheriff 0 80 $0 T E
Sucervisor 0 64 $0 T E
Public Safelv Professional 6 55 $330 T E
Technician 6 47 $282 T E
Administrative 0 29 $0 T E
Subtotal Fishers 12 $612
Sheridan, City of
Sheriff 0 80 $0 T E
Sucervisor 6 64 $384 T E
PublicSafetv Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Sheridan 6 $384
.
Jackson Township
Sheriff 0 ' 80 $0 T E
Su cervisor 3 64 $192 T E
Public Safelv Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Jackson 3 $192
Conseco
Sheriff 0 80 $0 T E
Sunervisor 3 64 $192 T E
Public Safetv Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal Conseco 3 $192
Dlsbursements are travel expenses.
Page 190f41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification. Cat
. 3. Prepa~~tlie:lnVentory of, !i"!~ ' , ""iili;,,,,';J,'! CC'
,'~' .' . .," I '.,
affecte;ci!e~ulfjjneht.' "I:';;~;: 'j .' ::(:" i ':ll , ,!' "r'~ , ,0'.' ,J:! ,1l::;A:i~;iB !l' .i;;'~\ijli 'll'l: ''''"
~"!i~'Ii"\1l'II'''', ' ;.J, 'c'
ORGANIZA TION/LEVEL
EMR Consultlno
Executive Manaaement 4 275 $1,100 H I
Senior Proiect Manaoer 19 205 $3,895 $500 H I
Advisorv Enaineer 2 225 $450 H I
Senior Enaineer 1 100 195 $19,500 H I
Senior Enaineer 2
Senior Technician
Technician
Administrative 25 35 $875 H I
Subtotal EMR Consulting 150 $25 820 $500
LectroCom
Senior Enaineer 25 150 $3,750 H I
Technician 50 80 $4,000 H I
Administrative
Subtotal LectroCom 75 $7,750
Hamilton Countv
Sheriff 0
Suoervisor 10 64 $640 H I
Public Safetv Professional 80 55 $4,400 H I
Technician 90 47 $4,230 H I
Administrative 20 29 $580 H I
Subtotal Hamilton County 200 $9,850
City of Carmel
Sheriff 0 80 $0 T I
SUDervisor 4 64 $256 T I
Public Safetv Professional 49 55 $2,695 T I
Technician 66 47 $3,102 T I
Administrative 5 29 $145 T I
Subtotal City of Carmel 124 $6,198
Wayne Township
Sheriff 0 80 $0 T I
Suoervisor 0 64 $0 T I
Public Safetv Professional 8 55 $440 T I
Page 20 of 41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
Technician 0 47 $0 T I .
Administrative 1 29 $29 T I
Subtotal Wayne Township 9 $469
White River
Sheriff 0 80 $0 T I
Supervisor 0 64 $0 T I
Public Safetv Professional 5 55 $275 T I
Technician 0 47 $0 T I
Administrative 1 29 $29 T I
Subtotal White River 6 $304
Atlanta, Town of
Sheriff 0 80 $0 T J
Suoervisor 0 64 $0 T I
Public Safetv Professional 5 55 $275 T I
Technician 0 47 $0 T I
Administrative 1 29 $29 T I
Subtotal Atlanta 6 $304
Cicero
Sheriff 0 80 $0 T I
Supervisor 0 64 $0 T . I
Public Safetv Professional 8 55 $440 T I
Technician 5 47 $235 T I
Administrative 1 29 $29 T I
.
Subtotal Cicero 14 $704
Noblesville
Sheriff 0 80 $0 T I
Suoervisor 2 64 $128 T I
Public Safetv Professional 30 55 $1,650 T I
Technician 40 47 $1,880 T I
Administrative 2 29 $58 T I
Subtotal Noblesville 74 $3,716
Westfield, Town of
Sheriff 0 80 $0 T I
Sunervisor 0 64 $0 T I
Public Safe;;;- Professional 6 55 $330 . T I
Technician 0 47 $0 T J
Administrative 1 29 $29 T I
Page2! of4!
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classlflcatlon Cat
Subtotal Westfield 7 $359
Fishers, City of
Sheriff 0 80 $0 T I
Suoervisor 1 64 $64 T I
Public Safelv Professional 30 55 $1,650 T I
Technician 20 47 $940 T 1
Administrative 1 29 $29 T I
Subtotal Fishers 52 $2,683
Sheridan, City of
Sheriff 0 80 $0 T I
Suoervisor 1 64 $64 T I
Public Safetv Professional 15 55 $825 T 1
Technician 15 47 $705 T I
Administrative 1 29 $29 T I
Subtotal Sheridan 32 $1,623
Jackson Township
Sheriff 0 80 $0 T I
Suoervisor 1 64 $64 T I
Public Safetv Professional 4 55 $220 T I
Technician 4 47 $188 T I
Administrative 1 29 $29 T I
Subtotal Jackson 10 $501
Conseco
Sheriff 0 80 $0 T I
Suoervisor 1 64 $64 T I
Public SafetV Professional 0 55 $0 T I
Technician 0 47 $0 T I
Administrative 0 29 $0 T I
Subtotal Conseco 1 $64
Disbursements are travel expenses.
Page 22 of41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
i:4,'IObtalri'hourlylabor rate~ 1":,,, .!:~'; ''''''''C', "" 't'",:;" ,'3":1",: ,
:fi'6m 'eacti~ge!1cYi tl1at u~es' ,,'.. , ,
the HamlltoriCoi:int", ,,', ' " '-, , ,
'g,,~~~lllIlIlllIi'IWII"'I~,';' "'<I1i >)"11 ,,~i'" .'t ..;~~:.::"I' , '. 'I1'J Ii:,", 1 '.','" '..t llj:," ::":,'<:if,,!',,: ,
,il'1;!':I"
s stem!;'."," ".' _'-'I~_ Le., ' .' '!~ IlU, , U\;. ,q' ,,1111 I'lL,:'
. "!':I:"I..-.. .'. ".,'
ORGANIZATION/LEVEL
EMR Consulting
Executive Manaaement
Senior Project Manaaer 15 205 $3,075 H E
Advisorv Enalneer 2 225 $450 "H E
Senior Enaineer 1 20 195 $3,900 H E
Senior Enaineer 2
Senior Technician
Technician
Administrative 6 35 $210 H E
Subtotal EMR ConsultlnQ 43 $7,635
LectroCom
Senior EnQineer
Technician
Administrative
Subtotal LectroCom 0 $0
Hamilton Countv
Sheriff 0
Sunervisor 8 64 $512 H E
Public Safety Professional 0
Technician 0
Administrative 8 29 $232 H E
Subtotal Hamilton County 16 $744
City of Carmel
Sheriff 0 80 $0 T E
Sunervisor 6 64 $384 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 6 29 $174 T E
Subtotal City of Carmel 12 $558
Wayne Township
Sheriff 0 80 $0 T E
Sunervisor 1 64 $64 T E
Public Safety Professional 0 55 $0 T E
Page 23 of41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
Technician 0 47 $0 T. E
Administrative 1 29 $29 T E
Subtotal Wayne Township 2 $93
.
White River
Sheriff 0 80 $0 T E
SUDervisor 1 64 $64 T E
Public Safelv Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 1 29 $29 T E
Subtotal White River 2 $93
Atlanta, Town of
Sheriff 0 80 $0 T E
SUDervisor 1 64 $64 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 1 29 $29 T E
Subtotal Atlanta 2 $93
Cicero
Sheriff 0 80 $0 T E
Sunervisor 2 64 $128 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 2 29 $58 T E
Subtotal Cicero 4 $186
Noblesvllle
Sheriff 0 80 $0 T E
Suoervisor 6 64 $384 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 6 29 $174 T E
Subtotal Nobles.ville 12 $558
Westfield, Town of
Sheriff 0 80 $0 T E
Sunervisor 2 64 $128 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Page 24 of41
CONFIDENTIAL
Cost Cost
Hours $/hour Cost Disbursements Classification Cat
Administrative . 2 29 $58 T E
Subtotal Westfield 4 $186
Fishers, City of
Sheriff 0 80 $0 T E
Supervisor 4 64 $256 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 4 29 $116 T E
Subtotal Fishers 8 $372
Sheridan, City of
Sheriff 0 80 $0 T E
Supervisor 2 64 $128 T E
Public Safety Professional. 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 2 29 $58 T E
Subtotal Sheridan 4 $186
Jackson Township
Sheriff 0 80 $0 T E
Supervisor 1 64 $64 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 1 29 $29 T E
Subtotal Jackson 2 $93
Conseco
Sheriff 0 80 $0 T E
Supervisor 1 64 $64 T E
Public Safety Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 1 29 $29 T E
Subtotal Conseco 2 $93
Page 25 0141
CONFIDENTIAL
Cost Cost
TASK Hours $/hour Cost Disbursements Classification Cat
!is: Interfaci:fwlth'M/A: COM'!,;;;"! l;;:.ii~:~;~;&:,' ~i,,; 'ii . F W" . ,,0"';:'::: ",. l'i:;ii!1r~J:flt ' . ':<",S: :",:"';'; c
.T'....."."w... . 'Jh'''Jf!i'I, -"', ,." 'I ,;r';jl~
, ":")" .;."l,
and,M/A COM's Certified' "'i,":- ,.... . ,.". ,jh.','
, ','I
h. ':'. -'-"_':. """::,,.. ".
. Dealer, lIectroCom; to" .., ,.'-' .:,',,:.{, " :':\l':l ....'.
j.!"~f"'.;, '" ' " _ ' 'J "<:1' .. 'Atit,i:i:, "
~~~'i~ij1ln~ifll~~ii~:D~~~Jon the '. " . ,,:,\;, t,iHoi":"". ..
~_s s em."jJ\jtL: ::_~: ,:",;,,;r":L~) ',:,"'.' ,i ,"
ORGANIZATION/LEVEL
EMR Consulllno
Executive Manaoement 2 275 $550 H E
Senior Prolect Manaqer 12 205 $2,460 $200 H E
Advisorv Enoineer 6 225 $1,350 H E
Senior Enoineer 1 8 195 $1,560 H E
Senior Enoineer 2
Senior Technician
Technician
Administrative 4 35 $140 H E
Subtotal EMR Consultlnq 32 $6,060 $200
LectroCom
Senior Enoineer 12 150 $1,800 H E
Technician 8 80 $640 H E
Administrative
Subtotal LectroCom 20 $2,440
Hamilton Countv
Sheriff
Sunervisar 4 64 $256 H E
Public Safe;;;- Professional
Technician
Administrative
Subtotal Hamilton County 4 $256
Disbursements arc travel expenses.
Page 26 of41
CONFIDENTIAL
Cost Cost
TASK Hours $/hour Cost Disbursements Classification Cat
" 6. Prepare ~egllest for' '. . "....,...."t..,--': ,""""" ..,':>, ,
.' ,:,....:,1. .,
Plannln" Funiuria,,,:,' " , . ,r:,' ,.,. ..,'; .... ',., "LI'1... ,
ORGANIZATION/LEVEL
EMR Consultlna
Executive Manaaement 4 275 $1,100 T E
Senior Proiect Manager 42 205 $8,610 T E
Advisorv Enaineer 4 225 $900 T E
Senior Enaineer 1 20 195 $3,900 T E
Senior Ennineer 2
Senior Technician
Technician
Administrative 10 35 $350 T E
Subtotal EMR Consulting 80 $14860 $0
Schwanlnaer & Associates 8 350 $2,800 T L
LectroCom
Senior Ennineer 10 150 $1,500 T E
Technician 8 80 $640 T E
Administrative 2 40 $80 T E
Subtotal LectroCom 20 $2,220
Hamilton Countv
Sheriff 2 80 $160 T E
Suoervisor 10 64 $640 T E
Public Safetv Professional
Technician
Administrative
Subtotal Hamilton County 12 $800
Page 27 0141
CONFIDENTIAL
Cost Cost
TASK Hours $/hour Cost Disbursements Classification Cat
7. .Delielopdrlye-telil routes' ......, ' "-,.,, "'..;-"'.E":"""J. " "f'::' ""''''''''::'''''Y.: ' ".-.
.for pr<<r.and post'transtlon , " "
coyeraae:: ; " ".:'.,. ':'. I, "~: :' ,
,,,' 'i ' t:::~ ,,":~ . ..,;;;,1ii, I' :,,:,,/,,;,;....,;.
,',,'-,
ORGANIZATION/LEVEL
EMR Consulting
Executive Manaaement
Senior Project Manaaer 10 205 $2,050 $500 H E
Advisorv Enaineer
Senior Enaineer 1 10 195 $1,950 $500 H E
Senior Enaineer 2
Senior Technician
Technician
Administrative 5 35 $175 H E
Subtotal EMR Consultlna 25 $4 175 $1,000
LectroCom
Senior Enaineer 6 150 $900 H E
Technician 4 80 $320 H E
Administrative 40 $0 H E
Subtotal LectroCom 10 $1 220
Hamilton County
Sheriff
Suoervisor 6 64 $384 H E
Pubiic Safetv Professional 6 55 $330 H E
Technician
Administrative
Subtotal Hamilton County 12 $714
Disb~rscments are travel expenses.
Page 28 of 41
CONJ;'IDENTlAL
Cost Cost
TASK Hours $/hour Cost Disbursements Classification Cat
8. f'reauencvA"iialvsls. . " '''''-',i-'-' "'''> " "f;' '<\ .,,' , "."
ORGANIZATION/LEVEL
EMR Consultina
Executive Manaoement 4 275 $1,100 H F
Senior Proiect Manaoer 10 205 $2,050 $200 H F
Advisorv Enoineer 225 $0 H F
Senior Enoineer 1 10 195 $1,950 H F
Senior Enoineer 2
Senior Technician
Technician 4 55 $220 H F
Administrative 5 35 $175 H F
Subtotal EMR Consullina 33 $5,495 $200
LectroCom
Senior Enoineer 4 150 $600 H F
Technician 12 80 $960 H F
Administrative
Subtotal LectroCom 16 $1,560
Hamilton County
Sheriff
Suoervisor 2 64 $128 H F
Public Safety Professional
Technician 4 47 $188 H F
Administrative
Subtotal Hamilton County 6 $316
Disbursements are travel expenses.
Page 29 of 41
CONFIDENTIAL
Cost Cost
TASK Hours $/hour Cost Disbursements Classification Cat
9,,'P,replifethe cost I i ;:~ I ., -""'1'1" ,'. .~,
breakdown ;for..tlie.800 MHz . p .' ' .
~.j' b' dl~a't;'w<' ,.1~iI';'~1;;:'I':';;;:,j , . " ,',,,
'.';. i~,,:,,:lii;! EiF "
It re an n "~!,, ,I . ~i'l'. ,; ;),:,lm,'''''' . ,." "i,,:fih:' I; ._;;,;";i.,,,. ,j,;.no; ,...--
ORGANIZATION/LEVEL
EMR Consultlna
Executive Manaaement 4 275 $1,100 H P
Senior Proiect Mananer 20 205 $4,100 H P
Advisory Enaineer 4 225 $900 H E
Senior Enoineer 1 28 195 $5,460 H E
Senior Enoineer 2 .
Senior Technician
Technician
Administrative 10 35 $350 H E
Subtotal EMR Consultlnn 66 $11,910 $0
Schwanlnaer & Associates 4 350 $1,400 H L
LectroCom
Senior Enoineer 10 150 $1,500 H E
Technician 10 80 $800 H E
Administrative 2 40 $80 H E
Subtotal LectroCom 22 $2,380
Hamilton Countv
Sheriff
Suoeryisor 12 64 $768 H E
Public Safetv Professional
Technician
Administrative
Subtotal Hamilton County 12 $768
City of Carmel
Sheriff 0 80 $0 T E
Suoervisor 8 64 $512 T E
Public Safetv Professional 0 55 $0 T E
Technician 0 47 $0 T E
Administrative 0 29 $0 T E
Subtotal City of Carmel 8 $512
Page 30 of41
CONFIDENTIAL
Cost Cost
TASK Hours $/hour Cost Disbursement! Classification Cat
10,PreDarii the.Transltlon Plan:' . . . ..., . "
-
ORGANIZATION/lEVEL
EMR Consultlna
Executive ManaQement 20 27i $5,500 H P
Senior Proiect Mananer 40 20~ $8,200 H P
Advisory Enoineer 10 22f $2,250 H E
Senior Enoineer 1 40 195 $7,800 H E
Senior Enoineer 2
Senior Technician
trechnician
IAdministratlve 20 3~ $70C H E
ubtotal EMR Consultin" 130 $24,45C
Schwan Inger & Associates 13 350 $4 550 H l
lectroCom
Senior Enaineer 10 150 $1,5OC H E
~echnician 10 80 $80C H E
Administrative 2 40 $8C H E
Subtotal lectroCom 22 $2,380
Hamilton County
Sheriff 4 BC $320 H E
Supervisor 4 64 $256 H E
Public Safety Professional 0
h-echnician 4 47 $18i H E
IAdministrative 0
ubtotal Hamilton County 12 $76'
::Ity of Carmel
Sheriff 0 80 $0 T E
Supervisor 4 64 $256 T E
Public Safety Professional 0 55 $0 T E
~chnician 0 4 $0 T E
Administrative 0 29 $C T E
Subtotal City of Carmel 4 $251
Page310f41
CONTACTS:
Hamilton. County of (Incumbent)
Captain Benny J, Craig
18100 Cumberland Rd
Noblesville, IN 46060
317-773-1872
Bic I (al,co.hamilton.in.us
City of Carmel (Incumbent)
Carmel-Clay Communications
31 1st Avenue NW,
317-571-2593
Marvin Stewart
EMR Consulting Inc
Robert L. Black
46 Allendale
Terra Haute, IN 47802
812-299-4816
rblack(al,ma.rr.com
Lectro-Communications. Inc.
Philip T. Parton
15555 Stony Creek Way
Noblesville, fN 46060
Phone: 317-774-1867
Schwaninger & Associates
Robert Schwaninger
202-347-8580
rschwaninger(al,sa-Ia wvers.net
Wayne Township
Wayne Twp. Vol. Fire Dept.
18116 Durbin Rd.
Noblesville, IN 46060
Station Number 765-534-4650
Chiefs Home: 765-534-3665
Chiefs Cell 317-439-1281.
Agency Point of Contact: Leslie K. McKinsey, Chief317-439-1281.
Town of Atlanta
P. O. Box 133, Atlanta, In. 46031
Phone Number: (765)292-2355
Page 32 of 41
CONFIDENTIAL
CONFIDENTIAL
Contact: Marshal G. L. Rouch
Cicero Police Department
70 S. Byron St Box 42, Cicero, IN 46034
Phone No.: 317-984-3648
Contact: Chief Gany Cook
Sheridan. City of
Sheridan Police Dcpartment, Sheridan Fire Department
506 So. Main St. Sheridan, In 46069
Phone Number: 317-758-2500, 317-758-4561
Contact: ChiefJeffWeir, ChiefBret Merriman
Westfield. Town of
Westfield Fire Department
17535 Dartown Rd
Phone Number: 317-896-2704
Contact: Asst. Chief Bob Smith! Bat. Chief Tony Tracy
Noblesville. City of
Agencies:
. Noblesville Communications
. Noblesville Police
. Noblesville Fire
. Noblesville Planning
. Noblesville Engineering
. Noblesville Parks
. Noblesville Street
. Noblesville Wastewater
13 5 S 9th Street
Phone Number: 317-776-6333
Contact: Jeffrey L. Hendricks, ENP
Fishers. City of
Fishers Fire Department, Fishers Police Department
2 Municipal Drive, Fishers, IN 46038
Phone Number: 317-595-3200,317-595-3300
Contact: Division Chief Jim Alderman, Sgt Joe Wright
White River
White River Fire Department
Phone Number: 3 I 7-984-5626
Contact: Chief Phil Achenbach
Westfield. Town of
Phone Number: 317-896-2704
Contact: Bob Smith, Asst Fire Chief
Page 33 of41
Jackson Township
Fire Dept
508 W Main St., Arcadia IN 46030
Phone Number: 317-984-3443
Contact: Chief Mike Baker
Conseco Corporate Security
11825 N. Pennsylvania St., Carmel, IN 46032
Phone Number: 317-817-2586
Point of Contact: Rob Miller, Manager Technology and Security
Page 34 of4\
CONFIDENTIAL
CONFIDENTIAL
SCHEDULE C
800 MHZ RECONFIGURATION
PLANNING COST ESTIMATE - CERTIFIED REQUEST
Incumbent's Name: Hamilton Countv and the Citv of Carmel
Plannine Cost Estimate
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: Incumbent has provided, in good faith, the Planning Cost Estimate
of the Actual Costs set forth below. Nextel will pay Incumbent the Actual Costs as provided for
below and in Section 2(b) of this Agreement. Ncxtel will pay Hamilton County Eight Thousand
Three Hundred Twenty-four Dollars and Fifty Cents ($8,324.50) and the City of Carmel Four
Thousand One Hundred Fifty Dollars and Fifty Cents ($4,150.50) 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 2(b)).
Vendor Payment Terms: NexteJ"will pay each Vendor, on behalf of the Incumbent, the Actual
Costs expended by that Vendor, a good faith estimate of which is set forth below with' respect to
each category of work. Nextel will pay each Vendor within 30 days after receipt by Nextel of (A)
an invoice from thc Vendor and (B) Incumbent's approval of receipt of goods and services and
approval of associated costs included on the Vendor invoice.
Description of Planning Work To Payee (separately identify Planning Cost
Be Performed Incumbent and each Planning Estimate for
Vendor being paid for work Incnmbent and
performed) each Planning
Vendor
Legal Schwaninger & Associates, P.C. $9,450
(see Schedule B for detail)
Frequency Analysis Hamilton, County of (Incumbent) $316
(see Schedule B for detail)
EMR Consulting $5,695
LectroCom $1,560
System Inventory Hamilton, County of (Incumbent) $9,850
(see Schedule B for detail)
Carmel, City of (IncUII!bent) $6,198
EMR Consulting $26,320
Page 35 of4t
CONFIDENTIAL.
Description of Planning Work To Payee (separately identify Planning Cost
Be Performed Incumbent and eacb Planning Estimate for
Vendor being paid for work Incumbent and
performed) eacb Planning
Vendor
LectroCom $7,750
Atlanta, Town of $304
Cicero Police Dept $704
Conseco Corporate Security $64
Fishers, City of $2,683
Jackson Township $501
Noblesville, City of $3,716
Sheridan, City of $1,623
Wayne Township $469
Westfield, Town of $359
White River $304
Proj ect Management
(see Schedule B for detail) EMR Consulting $18,900
Engineering and Implementation Hamilton, County of (Incumbent) $6,483
Planning
(see Schedule B for detail) Carmel, City of (Incumbent) $2,103
EMR Consulting $60,705
LectroCom $11,630
Atlanta, Town of $423
Cicero Police Dept $378
Conseco Corporate Security $285
Fishers, City of $984
Jackson Township $285
Noblesville, City of $891
Sheridan, City of $570
Page 36 of41
CONFIDENTIAL
Description of Planning Work To Payee (separately identify Planning Cost
Be Performed Incumbent and eacb Planning Estimate for
Vendor being paid for work Incumbent and
performed) each Planning
Vendor
Wayne Township $285
Westfield, Town of $351
White River $285
Other
General Contingency Fee (5%) Incumbent(s) and vendor(s) $9,121.20
Total Estimated Planning Costs $191,545.20
Certification
Pursuant to the Order, Incumbent hcreby certifies to the Transition Administrator appointed
pursuant to the Order that the Planning Cost Estimate requested above is 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, information, and belief that
any Vendor costs listed on Schedule C are comparable to costs that Vendor previously charged
Incumbent for similar work.
Signature:
Print Name:
Title:
Phonc Number:
E-mail
Date:
~".11'''':''./ .
-0/~ -A <'~~
.-lr1P..Y/N t.... sn~,,~/.j/2..T
17,.'Re-c.7oF-. CUJ.n~L-c..[;':I'1 L::1;.f...;:..hU.J7ibl"':;
";7-5'11- J,.syj
f"l5'lZ::W:;~L.T(5' L,;::JIU'i,e.( T..p. G~-.:t'
;JviJe. ( :;l.c:c6
Page 37 of41
;
CONFIDENTIAL
EXHIBIT 1
Incumbent Information
THE FOLLOWING QUESTIONS ARE REQ\JIRED FOR PROCESSING ELECTRONIC FUNDS
TRANSFERS. ALL INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY
CON}'IDENTIAL AND WILL BE USED ONLY IN COMPLETION OF THE PLANNING FUNDING AND
FREQUENCY RECONFIGURATION TRANSACTION.
,
I. INCUMBENT INFORMATION /
Please provide thefoilowing injor'!J6tion:
Company/Name: . /
Contact: / Title:
Address: /
City/State/Zip: /
Phone: /
Fax: /
If not identified in the contract, please provide the following:
Iflncumbent is a Partnership, please pr/ide name, address and phone numbers of all other partners:
/"
Name: / Name:
",.,
Address: / Address:
.,/
,.
,.
City/State/Zip:
Phone:
City/State/Zip:
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 (ifappiicable):
Brokerage Account # (if apprt~able):
,.
/"
In the event Incumbent will not provide information for electronic funds transfer, Incambent
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
Agreen,ent. .. ...,.t'''''/''' /. 4.,
Acknowledged by Incumbent: qt:- . /{ ;~~.
(signa/ure required only if Incumbent does not want an electronic funds transfer)
Page 38 of 41
,
CONFIDENTIAL
III. TAX INFORMATION
The Internal Revenue Service and state tax authorities require Nextel to report all
transactions, even if the transaction is exempt from taxation (if so, it will be reported to
the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the
information below. If you have specific questions about your tax implications in this
transaction, you should consult your own accountant or financial advisor.
Incumbent's Federal, State or Individual Tax
ID #, FEIN (Federal) or SSN (individuals):
35 (pooo 97)
State(s) - sales tax license, resale permit,
employment, etc.):
Urt
LH:t-
Local (if applicable): .
Current State and County location for your
. principal executive office:
"Tl-Jv/nJUit 14,;tt'<rlL..:i'4:,/J
;'
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:
l.Jli
I hereby acknowledge that all of the information provided herein is true and correct as of the date signed
below.
I ncumbellt Sigllature:
,,/'l" J,/ #~.,
/:it:.-. f >>~,
< '"
PrilltName: rl,.1tWU.J t" f:>"lt;;.ui,q,-t.r
Title: j)/{I.i?t:-7"',z, [;;'9(OI'1il- L/,/v (~'j1H.'i-,iC;4;/)c'-'f
Date:
-~ t
,)~'fJe
#
.2C/l)t~
Page 39 of41
,
CONFIDENTIAL
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/Name:
Contact:
Address:
City/State/Zip:
Phone:
Fax:
/
/
p/Title:
,/
/
/
/
~
Ifnot identified in the contract, please provide the following:
IfIncumbent is a Partnership, ple?se provide name, address and phone numbers of all other partners:
/
I
/
,
I
/
/
/
II. BANK ACCOUNT INFOR,~ATION (Required for payment via electronic funds transfer.)
Name:
Address:
Name:
Address:
City/State/Zip:
Phone:
CitylState/Zip:
Phone:
Name of Bank:
/
,
"
/
Address of Bank:
City/State/Zip:
j
I
Bank Phone #:
ABA (Routing #):
Account #:
Name on Account:
Federal, State or Individual SS #:
Name of Brokerage Firm (ifapPliC~e):
Brokerage Account # (if applicaiIe):
I
./
i
/
,
,
i
I
t
i
I
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~ <#;9" /'. }''S'c".
Acknowledged by Incumbent: ' ~~,,-...;-; ;.(zi:JJ:::.:~,;;;p~
(signature required only if Incumben~ does n'Ot want an electronic funds transferJ
Page 40 of41
CONFIDENTIAL
III. TAX INFORi\fATION
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 likeckind exchange). Therefore, it is necessary for Nextel to collect the
information below. If you have specific questions about your tax implications in this
transaction, you should consult your own accountant or financial advisor.
Incumbent's Federal, State or Individual Tax
ID #, FEIN (Federal) or SSN (individuals):
'3_5 [-tXJO q],.'}.
State(s) - sales tax license, resale permit,
employment, etc.):
Local (if applicable):
I-){1-
)J I'"
Current State and County location for your
principal executive office:
I'jvo/yU.J/}
,
j.ff/Pr:t.r,;w
.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:
Nfl-
I hereby acknowledge that all of the information provided herein is true and correct as of the date signed,
below.
,/;? '~
Incumbent Signature: ..~./;;;:'$;;:;;;;'~-'-'
Print Name: 1J/?iNif! L :57;E"~P'i;H'
Title: P/j2t'tf(.,'.~ C9ilil-;/'f." - C)~. &iI!1'1"1/;'':''fL'Jil"rCV''r,,-
Date:
JU.1JC I :}.i!,opt.}
,
Page 41 of 41