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HomeMy WebLinkAbout2007.08.07_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: August 7, 2007 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the-City Clerk and posted at City Hall by 5:00 P.M. on Friday, August 3, 2007. M lianas M. Stevens, Dep ' City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Taud Boatman, First Methodist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Security Mr. Tim Rooney, Owasso Character Council S:\Agendas\Council\2007\0807.doe Owasso City Council August 7, 2007 Page 2 6. Presentation of Certificate of Appreciation Councilor Kimball Councilor Kimball will recognize David Gorham for his efforts in the creation of the Owasso Community Band and present a certificate of appreciation to the group for their outstanding performance in the 2007 Art in the Park series. 7. Presentation of Certificate of Appreciation Mayor Cataudella Mayor Cataudella will recognize the Owasso Community Choir and present a certificate of appreciation to the group for their outstanding performance in the 2007 "Red, White, and Boom" Celebration. 8. Presentation of Employee of the Month Mr. Ray Mr. Ray will present the Employee of the Month for August 2007. 9. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the July 17, 2007 Regular Meeting. Attachment # 9 -A B. Approval of Claims. Attachment # 9 -B S: Wgendas \Council\2007 \0807.doc Owasso City Council August 7, 2007 Page 3 10. Citizen request to address the City Council for purposes of discussion and reviewing the current Animal Ordinances, particularly Section 4 -118 of the Owasso Code of Ordinances, Wild and Exotic Animals; Prohibition on Keeping in the City Limits. Ms. Pepper Priest Attachment #10 Ms. Priest has submitted a letter of request to address the City Council and has indicated to city staff her desire to seek an amendment to the current Animal Ordinances relating to the prohibition on keeping wolves in the city limits. 11. Consideration and appropriate action relating to a request for Council authorization for the Mayor to execute the Master Service Agreement between the City of Owasso, as part of the Regional E -911 Board, and AT &T for the purchase of Phase II complaint 911 telephone equipment. Mr. White Attachment #11 Staff will recommend Council authorization for the Mayor to execute the service agreement between the City of Owasso and AT &T for the purchase of Phase II complaint 911 telephone equipment. 12. Consideration and appropriate action relating to a request for Council authorization for the City Manager to execute the Reconfiguration Implementation Phase Agreement between the City of Owasso and Motorola for the purpose of reconfiguring the 800 MHz public safety radio systems as mandated by the Federal Communications Commission (FCC). Mr. White Attachment # 12 Staff will recommend Council authorization for the City Manager to execute the agreement between the City of Owasso and Motorola for the purpose of reconfiguring the 800 MHz public safety radio systems. S:\Agendas \Council\2007\0807.doc Owasso City Council August 7, 2007 Page 4 13. Consideration and appropriate action relating to a request for Council authorization to purchase flash upgrade software for the rebanding radios in accordance with the Reconfiguration Implementation Phase Agreement and authorization for payment in the amount of $46,625 to Motorola. Mr. White Attachment # 13 Staff will recommend Council authorization to purchase flash upgrade software for the rebanding radios in accordance with the Reconfiguration Implementation Phase Agreement and authorization for payment in the amount of $46,625 to Motorola. 14. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation increasing expenditures in the fiscal 2008 budget. Ms. Hess Attachment # 14 Staff will recommend a supplemental appropriation increasing expenditures in the General Fund by $599,928, the Stormwater Management Fund by $20,362, the Ambulance Capital Fund by $196,335, and the City Garage Fund by $8,500 in order to continue fiscal 2007 projects into the 2008 fiscal year. 15. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2007 -09, a resolution authorizing the negotiation and execution of a temporary lease agreement between the City of Owasso and OneOk, Incorporated. Ms. Lombardi Attachment # 15 Staff will recommend Council approval of Resolution No. 2007 -09. 16. Report from City Manager. 17. Report from City Attorney. S:\Agendas\Council\2007\0807.doc Owasso City Council August 7, 2007 Page 5 18. Report from City Councilors. 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 20. Adjournment. S:\Agendas\Council\2007\0807.doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 17, 2007 The Owasso City Council met in regular session on Tuesday, July 17, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, July 13, 2007. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Reverend Lynn Wood, Rejoice Church. ITEM 3. FLAG SALUTE Vice Mayor Gall led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ITEM 5. CITIZEN REQUEST TO ADDRESS THE CITY COUNCIL Ms. Lois Adams thanked the Mayor, Mr. Ray, and members of the Public Works staff and offered her appreciation for the drainage improvements completed near her residence. She also was appreciative of the courtesy extended by all the City staff. Owasso City Council July 17, 2007 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the July 3, 2007 Regular Meeting and July 10, 2007 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2006 -2007 budget status report. D. Approval to purchase one (1) four wheel drive utility vehicle for the Fire Department and authorization of payment to Ruble -Vance Chevrolet of Guthrie, Oklahoma in the amount of $33,578.00. E. Rejection of all bids received for the construction of the Fire Station No. 3 Sanitary Sewer Line Extension and directs the staff to review the scope of work and re -bid the project. Ms. Kimball moved, seconded by Mr. Bonebrake, to approve the Consent Agenda with claims totaling $237,906.20, Healthcare Self - Insurance claims totaling $131,039.78 and payroll claims totaling $457,954.82. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION OF THE MAYOR'S APPOINTMENT TO THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY Mayor Cataudella requested Council confirmation of appointment of Dr. Bryan Spriggs to the Owasso Economic Development Authority. Ms. Kimball moved, seconded by Mr. Bonebrake, for Council confirmation of this appointment. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. 2 Owasso City Council July 17, 2007 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE SMITH FARM MARKETPLACE III FINAL PLAT, CONSISTING OF APPROXIMATELY 14.32 ACRES LOCATED AT THE SOUTHWEST CORNER OF EAST 96TH STREEET NORTH AND NORTH 121St EAST AVENUE Mr. McCulley presented the item. Mr. Bonebrake moved, seconded by Mr. Gall, for Council approval of the Smith Farm Marketplace III Final Plat. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO PURCHASE ONE (1) EMERGENCY RESPONSE WILDLAND FIREFIGHTING VEHICLE AND AUTHORIZATION OF PAYMENT Mr. Stuckey presented the item. Ms. Kimball moved, seconded by Mr. Gall, for Council approval to purchase one 2008 Ford F -350 to serve as an emergency response wildland firefighting vehicle for the Fire Department and authorization of payment in the amount of $30,372.00 to Country Ford of Guthrie, Oklahoma. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OWASSO PUBLIC SCHOOLS FOR THE PURPOSE OF PROVIDING A SCHOOL RESOURCE OFFICER AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE AGREEMENT Mr. Rooney presented the item. Ms. Kimball moved, seconded by Mr. Bonebrake, for Council approval of an agreement between the City of Owasso and the Owasso Public Schools for the purpose of providing a School Resource Officer and authorization for the City Manager to execute the agreement. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. 3 Owasso City Council July 17, 2007 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE FY 2006 -2007 STREET REHABILITATION PROJECT AND AUTHORIZATION FOR FINAL PAYMENT IN THE AMOUNT OF $108,061.00 Ms. Stagg presented the item. Mr. Bonebrake moved, seconded by Ms. Kimball, for Council acceptance of the FY 2006 -2007 Street Rehabilitation Project and authorization for payment to Becco Contractors, Incorporated in the amount of $108,061.00 for a final contract amount of $274,157.38. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FY 2007 -2008 STREET REHABILITATION PROGRAM PROPOSED PROJECT PRIORITIES Ms. Stagg presented the item. Ms. Kimball moved, seconded by Mr. Bonebrake, for Council approval of the FY 2007 -2008 Street Rehabilitation Program proposed project priorities. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN EXTENSION TO THE AGREEMENT BETWEEN THE CITY OF OWASSO AND MESHEK & ASSOCIATES FOR THE PURPOSE OF ENGINEERING SERVICES Ms. Stagg presented the item. Mr. Bonebrake moved, seconded by Mr. Gall, for Council approval of an extension to the agreement between the City of Owasso and Meshek & Associates for the purpose of engineering services, amount not to exceed $90,000.00. YEA: Bonebrake, Cataudella, Gall NAY: Kimball Motion carried 3 -1. 4 Owasso City Council July 17, 2007 ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF ORDINANCE NO. 897, AN ORDINANCE AMENDING PART 10 OF THE CITY OF OWASSO CODE OF ORDINANCES BY REPEALING CHAPTER 4, SECTION 10 -419 AND CREATING CHAPTER 9, SECTIONS 10 -901 THROUGH 10 -911, ENTITLED "SMOKING AND TOBACCO" Ms. Lombardi presented the item. Ms. Kimball moved, seconded by Mr. Gall, for Council adoption of Ordinance No. 897. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF ORDINANCE NO. 898, AN ORDINANCE AMENDING PART 10, CHAPTER 9 OF THE CITY OF OWASSO CODE OF ORDINANCES BY CREATING SECTION 10 -912, PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES Ms. Lombardi presented the item. Mr. Bonebrake moved, seconded by Ms. Kimball, for Council adoption of Ordinance No. 898. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT AMONG THE OPWA, THE OEDA, AND SF SHOPS INVESTORS, L.P. AND FOR LIMITED PURPOSES SET FORTH IN THE AGREEMENT, THE CITY OF OWASSO; AND APPROVING THE INDEBTEDNESS OF THE OPWA FOR $4,600,000.00 AS SET FORTH IN THE AGREEMENT Mr. Ray presented the item. Mr. Gall moved, seconded by Mr. Bonebrake, for Council approval of an agreement wherein the OPWA provides incentives and reimbursement for the development of a retail center by SF Shops Investors, L.P. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. 5 Owasso City Council July 17, 2007 ITEM 17. REPORT FROM CITY MANAGER. Mr. Ray, along with Eric Wiles, reported that, in response to a request by the City of Miami, the City's Chief Inspector Brian Dempster would be in Miami, Oklahoma for the week helping with inspections on houses damaged by the recent flooding in that area. Deputy Chief Chambliss reported on the Police Department's Alcohol Compliance Program, stating that the 3rd compliance check recently completed was significantly improved over the 1St check done in February. Mr. Ray reported that he had recently received notice that the Environmental Impact Study for the 169 Widening Project from I -244 to 116th Street North has received an authorization in the U.S. Senate 2008 Transportation Appropriation Bill, this being the first step in getting this project accepted by Congress. ITEM 18. REPORT FROM CITY ATTORNEY No report. ITEM 19. REPORT FROM CITY COUNCILORS No report. ITEM 20. NEW BUSINESS None. ITEM 21. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Bonebrake, to adjourn. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:45 p.m. Pat Fry, Minute Clerk n Steve Cataudella, Mayor CITY OF OWASSO CLAIMS TO BE PAID 08/07107 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH CASH DRAWER- ANIMAL CONTROL 5.00 AEP /PSO STREET LIGHTS 13.74 TREASURER PETTY CASH CC REFUND - GAYLORD 50.00 TREASURER PETTY CASH CASH DRAWER- ANIMAL CONTROL 20.00 REFUND TOTAL 101.76 FOWLER, TERA TUITION REIMBURSEMENT 306.90 SAV -ON PRINTING & SIGNS RECEIPT BOOKS 442.05 TREASURER PETTY CASH MEETING EXPENSE 29.75 TREASURER PETTY CASH MEETING EXPENSE 55.22 MUNICIPAL COURT DEPT TOTAL 833.92 JPMORGAN CHASE COMMERCIAL CARD CITY MGR EXPENSE 20.08 JPMORGAN CHASE COMMERCIAL CARD CITY MGR EXPENSE 24.35 JPMORGAN CHASE COMMERCIAL CARD CITY MGR EXPENSE 24.47 JPMORGAN CHASE COMMERCIAL CARD CITY MGR EXPENSE 2.71 JPMORGAN CHASE COMMERCIAL CARD CITY MGR EXPENSE 30.72 JPMORGAN CHASE COMMERCIAL CARD COUNTRYSIDE FLOWER- ARRANGEMENT 81.95 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE - DEMPSTER 18.45 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 37.69 OFFICE DEPOT OFFICE SUPPLIES 89.98 OKLAHOMA MUNICIPAL LEAGUE ANNUAL SUBSCRIPTION 15.00 SAV -ON PRINTING & SIGNS PRINTING /BINDING 265.00 JPMORGAN CHASE COMMERCIAL CARD CARDS - EMPLOYEE APPRECIATION 334.80 CINGULAR WIRELESS CELL PHONE USE 93.87 METROCALL PAGER USE 6.95 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 JPMORGAN CHASE COMMERCIAL CARD HAMPTON INN - ROONEY 178.00 JPMORGAN CHASE COMMERCIAL CARD ICMA- REGISTRATION 575.00 TREASURER PETTY CASH MILEAGE - ROONEY 209.88 JPMORGAN CHASE COMMERCIAL CARD COUNCIL WORK SESSION 10.00 JPMORGAN CHASE COMMERCIAL CARD COUNCIL WORK SESSION 11.90 JPMORGAN CHASE COMMERCIAL CARD COUNCIL WORK SESSION 76.80 TREASURER PETTY CASH MEETING EXPENSE 27.18 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 7.24 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 9.08 WEST PAYMENT CENTER LEGAL RESEARCH -MTHLY CHG 417.15 IMPERIAL FIREWORKS FIREWORK DISPLAY 15,000.00 NES TRAFFIC SAFETY RENTAL - MESSAGE BOARD 450.00 A -1 TENT RENTALS RENTAL -EVENT TENT 500.00 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTERS 1,190.49 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTER 1,009.19 JPMORGAN CHASE COMMERCIAL CARD DELL - DESKTOP- LOMBARDI /STEVENS 1,002.19 MANAGERIAL DEPT TOTAL 21,920.12 JPMORGAN CHASE COMMERCIAL CARD DELL -TONER 79.99 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 7.91 JPMORGAN CHASE COMMERCIAL CARD PAYLINKS -BOOK 186.91 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE - FIORELLO /FENNELL 13.02 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD PRACTITIONERS PUBL- REFUND - 226.00 HARRIS COMPUTER SYSTEMS ANNUAL SOFTWARE SUPPORT 28,243.70 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 FINANCE DEPT TOTAL 28,405.53 DANE, JULIE TUITION REIMBURSEMENT 326.25 JPMORGAN CHASE COMMERCIAL CARD NEWEGG.COM -CARD READER 14.98 OFFICE DEPOT OFFICE SUPPLIES 154.41 JPMORGAN CHASE COMMERCIAL CARD ACCESS TRANSMITTER -DOOR ACCESS 59.05 CHARACTER TRAINING INSTITUTE CHARACTER BULLETIN 43.04 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 404.31 JPMORGAN CHASE COMMERCIAL CARD BARNES & NOBLE - TRAINING MATERIALS 34.68 THOMPSON PUBLISHING GROUP FLSA HANDBOOK UPDATES 428.50 A N Z SIGNS & SHIRTS CHARACTER INITIATIVE 639.25 A N Z SIGNS & SHIRTS CHARACTER BANNER 230.00 REGIONALHELPWANTED.COM ADVERTISING 141.55 JPMORGAN CHASE COMMERCIAL CARD DONREY MEDIA - CLASSIFIED ADS 28.60 NEIGHBOR NEWSPAPERS JOB ADS 23.00 URGENT CARE OF GREEN COUNTRY PRE - EMPLOYMENT DRUG SCREENING 222.00 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 OKLAHOMA TRANSPORTATION AUTHORITY PIKEPASS USE 7.02 JPMORGAN CHASE COMMERCIAL CARD TRAVEL/TRAINING -DANE 11.22 JPMORGAN CHASE COMMERCIAL CARD TRAVEL/TRAINING- SOLENBERGER 10.11 JPMORGAN CHASE COMMERCIAL CARD TRAVEL/TRAINING -DANE 11.41 JPMORGAN CHASE COMMERCIAL CARD TRAVEL/TRAINING -DANE 12.48 JPMORGAN CHASE COMMERCIAL CARD TRAVEL/TRAINING- SOLENBERGER 4.57 JPMORGAN CHASE COMMERCIAL CARD TRAVEL/TRAINING- SOLENBERGER 8.58 TREASURER PETTY CASH MILEAGE -DANE 11.16 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE - DEMPSTER 13.07 JPMORGAN CHASE COMMERCIAL CARD REASORS- MEETING EXPENSE 13.95 JPMORGAN CHASE COMMERCIAL CARD DELL- COMPUTER 1,119.79 HUMAN RESOURCES DEPT TOTAL 4,072.98 PURCHASE POWER POSTAGE SUPPLIES 471.69 OFFICE DEPOT OFFICE SUPPLIES 326.81 CINTAS CORPORATION CARPET /MAT CLEANING 32.80 CHARNEY, BUSS, & WILLIAMS, P.C. RON DETHEROW VS. CITY 125.00 SCOTT ADKINS CONSULTING CONSULTING SERVICES 2,500.00 INCOG ADMIN SERVICES - SPLASH PAD 707.47 AEP /PSO 06/07 USE 4,460.03 OKLAHOMA NATURAL GAS 06/07 USE 204.24 JPMORGAN CHASE COMMERCIAL CARD LAWN AMERICA -CITY HALL 160.00 JPMORGAN CHASE COMMERCIAL CARD LAWN AMERICA - FRIENDSHIP PARK 128.00 METROCALL PAGER USE -7.17 NEIGHBOR NEWSPAPERS MEDIA PUBLICATION /PUBLIC NOTICE 254.19 AT &T PHONE USE 44.42 TREASURER PETTY CASH POSTAGE 6.30 SILENTWHISTLE ANNUAL FEE 1,500.00 OKLAHOMA COMMUNITY INSTITUTE MEMBERSHIP DUES 275.00 TREASURER PETTY CASH LICENSE TAG - REFUSE TRUCK 47.00 EMERGENCY COMMUNICATIONS NETWORK CODE RED SERVICES 6,000.00 CORNER STONE CONTRACTING WALLS- VETERANS MEMORIAL 11,500.00 GENERAL GOVERNMENT DEPT TOTAL 28,735.78 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD LINENS N THINGS -FLAGS 45.43 TREASURER PETTY CASH CAR WASH 20.95 TREASURER PETTY CASH COPY FEE 1.00 LASERWORKS REPAIR /MAINT SERVICE 468.75 METROCALL PAGER USE 27.80 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 TREASURER PETTY CASH PER DIEM - MCCULLEY 297.00 COMMUNITY DEVELOPMENT DEPT TOTAL 960.93 TREASURER PETTY CASH EXPRESS MAIL 27.60 OFFICE DEPOT OFFICE SUPPLIES 36.08 OWASSO FENCE REMOTE CONTROL -GATE 49.90 TREASURER PETTY CASH PHONE CASE 9.76 THE UPS STORE COPIES -PRINT 17.91 LOWES HOME IMPROVEMENT MARKING FLAGS 5.97 GELLCO UNIFORMS & SHOES WORK BOOTS - BARGAS 116.99 T -SHIRT EXPRESS UNIFORM SHIRT 79.62 US CELLULAR CELL PHONE USE 112.58 TREASURER PETTY CASH LICENSURE RENEWAL -ARZU 150.00 JPMORGAN CHASE COMMERCIAL CARD DELL -CARD READERS 17.01 JPMORGAN CHASE COMMERCIAL CARD DELL - MONITOR 113.12 JPMORGAN CHASE COMMERCIAL CARD DELL - MONITOR 276.56 ENGINEERING DEPT TOTAL 1,013.10 OFFICE DEPOT OFFICE SUPPLIES 24.28 CROSSROADS COMMUNICATIONS DESIGN -CITY WEBSITE 4,480.00 JPMORGAN CHASE COMMERCIAL CARD NUMARA SOFTWARE- SUPPORT /UPGRADE 1,136.25 JPMORGAN CHASE COMMERCIAL CARD BARNES & NOBLE - TRAINING MATERIALS 34.68 JPMORGAN CHASE COMMERCIAL CARD 4ALLMEMORY- MEMORY 97.98 JPMORGAN CHASE COMMERCIAL CARD DELL -SOL SERVER 5,005.94 JPMORGAN CHASE COMMERCIAL CARD NUMARA SOFTWARE- SUPPORT /UPGRADE 2,675.00 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - PROJECTOR 799.00 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTER 1,531.06 INFORMATION SYSTEMS DEPT TOTAL 15,784.19 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 14.91 MURPHY SANITARY SUPPLY OPERATING SUPPLIES 79.45 WAL -MART COMMUNITY OPERATING SUPPLIES 27.06 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 28.94 SOUTHWEST DRIVES PARTS -AIR CONDITIONER 264.96 OKLAHOMA LIGHTING DISTRIBUTORS LIGHTING SUPPLIES 364.75 JPMORGAN CHASE COMMERCIAL CARD COMMUNICATION SUPPLY -DATA DROPS 14.00 UNIFIRST HOLDINGS UNIFORM RENTAL 68.34 RED BUD SERVICE AIR FILTER -CITY HALL 606.94 J. LYNN SCHMOOK APPRAISAL - CHAMBER BUILDING 2,500.00 DUVALL ELECTRIC REPAIR LIGHTING -FLAG POLE 1,260.00 OKLAHOMA DEPT OF CORRECTIONS DOC WORKER PROGRAM 369.47 TREASURER PETTY CASH DOC LUNCHES 45.43 METROCALL PAGER USE 6.95 CINGULAR WIRELESS CELL PHONE USE 45.20 AT &T PHONE USE 0.14 STANDARD SUPPLY LAWN & GARDEN CHOPPER RIDING MOWER 6,898.00 SUPPORT SERVICE DEPT TOTAL 12,594.54 VENDOR DESCRIPTION AMOUNT OWASSO TOP SOIL DIRT 50.00 O'REILLY AUTOMOTIVE FILTER -MOWER 28.46 ATWOODS DISTRIBUTING TIRE SEALANT 9.99 AEP /PSO 06/07 USE 16.48 VERDIGRIS VALLEY ELECTRIC COOPERATIVE CEMETERY USAGE 20.12 FLOYD OR LAVERN STANLEY,JR. BURIAL PLOTS 600.00 CEMETERY DEPT TOTAL 725.05 OWASSO FOP LODGE #149 LEGAL DEFENSE FY08 133.00 LISA LONG TUITION REIMBURSEMENT 326.25 OFFICE DEPOT OFFICE SUPPLIES 115.62 OWASSO REPORTER SUBSCRIPTION RENEWAL 40.00 OFFICE DEPOT SUPPLIES 6.98 POLICE PETTY CASH POSTAGE 48.18 GALL'S INC OPERATING SUPPLIES 67.29 PATROL TECHNOLOGY BODY ARMOR -COX 495.00 GALL'S INC UNIFORM /EQUIPMENT -FOYIL 822.95 GALL'S INC TACTICAL CARRIER 94.66 POLICE PETTY CASH FUEL DOOR SWITCH 11.94 TEST MY HEALTH - INTERFIT HEALTH REDICLINIC IMMUNIZATION -FUNK 99.00 INTEGRIS AMBULATORY CARE CORPORATION PHYSICAL -FOYIL 450.00 AEP /PSO 06/07 USE 3,067.87 OKLAHOMA NATURAL GAS 06/07 USE 55.37 TOTAL RADIO REPAIRS - PORTABLE RADIOS 100.00 METROCALL PAGER USE 355.04 AT &T PHONE USE 43.88 SPRINT COMMUNICATIONS PCS CHARGES 353.78 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 FREEDOM BAPTIST CHURCH OF OWASSO WILLOWCREEK LEADERSHIP SUMMIT 100.00 POLICE PETTY CASH PARKING - WELLS /MITCHELL 24.00 OKLAHOMA TRANSPORTATION AUTHORITY PIKEPASS USE 9.17 JPMORGAN CHASE COMMERCIAL CARD QUALITY INN - JOBE /DAVIS /PITT 480.00 JPMORGAN CHASE COMMERCIAL CARD BUDGET CAR RENTAL - YANCEY 409.64 JPMORGAN CHASE COMMERCIAL CARD MARRIOTT - YANCEY 867.42 TURN -KEY MOBILE LAPTOPS 8,880.00 JPMORGAN CHASE COMMERCIAL CARD DELL -CARD READERS 60.04 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTER 4,596.48 JPMORGAN CHASE COMMERCIAL CARD PHOTODEX CORP- COMPUPIC 119.85 JPMORGAN CHASE COMMERCIAL CARD 4ALLMEMORY- MEMORY 146.97 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTER 1,185.00 POLICE DEPT TOTAL 23,665.38 ONYX CORPORATION INKJET REFILL 47.85 METROCALL PAGER USE 41.70 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT RENTAL 750.00 CENTRAL TECH TRAIN ING- MCINTIRE /CARRIER 90.00 POLICE COMMUNICATIONS DEPT TOTAL 929.55 J P COOKE CO ANIMAL LICENSE TAGS 160.89 VORTECH PHARMACEUTICALS LTD EUTHANASIA DRUGS 151.37 O'REILLY AUTOMOTIVE HEADLINER REPAIR 14.67 ALLIANCE MEDICAL SUPPLIES - GLOVES 86.30 MET -VET INTL TRANQUILIZING DRUGS 62.67 HILL'S PET NUTRITION SHELTER SUPPLIES 75.00 VENDOR JPMORGAN CHASE COMMERCIAL CARD SOUTHERN AGRICULTURE AEP /PSO METROCALL AT &T LOWES HOME IMPROVEMENT MURRAY WOMBLE LOWES HOME IMPROVEMENT A -Z RUBBER STAMP & ENGRAVING OFFICE DEPOT JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD AMSAN LLC AMSAN EVE SUPPLY LIBERTY FLAGS JPMORGAN CHASE COMMERCIAL CARD SAMS CLUB LOWES HOME IMPROVEMENT MURPHY SANITARY SUPPLY CULLIGAN OF TULSA WAL -MART COMMUNITY LOWES HOME IMPROVEMENT CROW BURLINGAME COMPANY JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD AEP /PSO OKLAHOMA NATURAL GAS TOTAL RADIO LOWES HOME IMPROVEMENT BMI SYSTEMS OF TULSA CINGULAR WIRELESS OWASSO FITNESS ZONE METROCALL AT &T SPRINT COMMUNICATIONS OFFICE DEPOT AEP /PSO DUVALL ELECTRIC DESCRIPTION AMOUNT ATWOODS -FANS 298.00 SHELTER SUPPLIES 17.96 06/07 USE 398.83 PAGER USE 6.95 PHONE USE 1.29 BUILDING EQUIPMENT 37.71 DOOR 392.00 SHELTER IMPROVEMENT 107.36 ANIMAL CONTROL DEPT TOTAL 1,811.00 NAME PLATES 67.94 OFFICE SUPPLIES 700.01 OFFICE DEPOT - SHREDDER 199.99 FIRE PROTECTION -STUDY MANUALS 1,189.76 FIRE PROTECTION - TRAINING MANUALS 389.16 ROLL TOWEL 68.90 FLAGS 864.00 FORESTRY SUPPLIERS - SUPPLIES 105.64 OPERATING SUPPLIES 480.54 LIGHTS 48.94 OPERATING SUPPLIES 62.50 BOTTLED WATER 15.95 BATTERIES /SUPPLIES 34.87 OPERATING SUPPLIES 34.97 OPERATING SUPPLIES 46.97 WALMART- SUPPLIES 10.90 ACADEMY - SHOES - JENNINGS /COLLINS 189.97 ACADEMY - SHOES - MOSIER 39.99 BELK- UNIFORM 223.11 DRYSDALES- UNIFORM /PROT CLOTHING 149.95 KOHLS- UNIFORM -SALTS 86.94 KOHLS- UNIFORM 303.38 WALMART- CLEANING SUPPLIES 38.92 WALMART- CLEANING SUPPLIES 68.39 06/07 USE 2,094.32 06/07 USE 225.25 REPAIRS - PORTABLE RADIOS 202.70 REPAIR PARTS 4.29 COPIER RENTAL /MAINT 251.19 CELL PHONE USE 24.06 PHYSICAL FITNESS PROGRAM 510.00 PAGER USE 304.20 PHONE USE 14.03 PCS CHARGES 202.16 FIRE DEPT TOTAL 9,253.89 OFFICE SUPPLIES 30.13 06/07 USE 68.05 REPAIR /MAINT -STORM SIREN 290.00 EMERGENCY PREPAREDNESS DEPT TOTAL 388.18 WATER PRODUCTS REPAIR /MAINT SUPPLIES 585.00 TWIN CITIES READY MIX CONCRETE - SIDEWALK REPAIRS 1,189.50 MAXWELL SUPPLY OF TULSA PAINT- MARKING LINES 78.36 VENDOR DESCRIPTION AMOUNT BROWN FARMS SOD SOD 60.00 APAC, INC. -OKLA ASPHALT 131.86 LOWES HOME IMPROVEMENT FIBRE PATCH - POTHOLES 496.44 UNIFIRST HOLDINGS UNIFORM /PROTECTIVE CLOTHING 167.72 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 120.05 TULSA COUNTY TULSA COUNTY BOCC TRAFFIC SIGNS /STREET MARKERS 773.20 TULSA COUNTY TULSA COUNTY BOCC TRAFFIC /STREET SIGNS 98.00 WHITE STAR MACHINERY & SUPPLY CONCRETE 158.60 MAXWELL SUPPLY OF TULSA TOOLS 45.18 GRAINGER DOCK PLATE /PALLET PULLER 803.77 LOWES HOME IMPROVEMENT TOOL 10.98 AEP /PSO 06/07 USE 1,209.95 AEP /PSO STREET LIGHTS 4,767.39 OWASSO FENCE CO FENCE REPAIR 340.00 SIGNALTEK MAINT /RETAINER 861.20 METROCALL PAGER USE 41.70 ELLIS CONSTRUCTION ACCESSORIES FORM RENTAL -STORM DRAIN PROJECT 34.88 JPMORGAN CHASE COMMERCIAL CARD BEST WESTERN -HUNT 406.75 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTER 1,239.49 STREETS DEPT TOTAL 13,620.02 OFFICE DEPOT OFFICE SUPPLIES 9.49 LOWES HOME IMPROVEMENT SUPPLIES - HILLSIDE STORMWATER PROJECT 205.83 UNIFIRST HOLDINGS UNIFORM /PROTECTIVE CLOTHING 146.96 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 119.98 TULSA NEW HOLLAND VEHICLE MAINT 55.92 O'REILLY AUTOMOTIVE FILTER/GREASE -MOWER 55.14 METROCALL PAGER USE 60.93 RSC EQUIPMENT RENTAL RENTAL - ROLLER /PADFOOT 227.00 MILL CREEK LUMBER & SUPPLY FORM BOARDS/VISQUEEN 63.20 APAC, INC. -OKLA ASPHALT -CITY HALL DRAINAGE PROJECT 196.80 RAINBOW CONCRETE COMPANY CONCRETE 274.50 MAXWELL SUPPLY OF TULSA LIMESTONE SEALANT 235.27 CHANDLER MATERIALS CO CONCRETE PIPE - DRAINAGE IMPROVEMENTS 3,222.13 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTERS 1,190.49 STORMWATER DEPT TOTAL 6,063.64 TULSA MAINTENANCE SUPPLY SUPPLIES - RESTROOM PARKS 1,486.40 RIDGWAY'S LTD DIGITAL PRINTS - SPORTS PARK 27.50 ATWOODS DISTRIBUTING LOCK SET/WEED KILLER /ROLLER COVER 134.99 ADT SECURITY SERVICES SECURITY SERVICE 45.74 BLOUNT LAWN SERVICES MOWING -SKATE PARK 450.00 D & SONS LAWN CARE LAWN SERVICE -ATOR PARK 80.00 D & SONS LAWN CARE LAWN SERVICE - CENTENNIAL PARK 999.00 D & SONS LAWN CARE LAWN SERVICE - VETERANS 60.00 MARSHA ANN SMITH CLEANING PARK RESTROOMS 900.00 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK PARK 227.00 ALOHA LANDSCAPE & IRRIGATION MOWING - MCCARTY PARK 145.00 ALOHA LANDSCAPE & IRRIGATION MOWING - RAYOLA PARK 185.00 D & SONS LAWN CARE MOWING -ATOR PARK 80.00 D & SONS LAWN CARE MOWING- CENTENNIAL PARK 999.00 D & SONS LAWN CARE MOWING- VETERANS PARK 60.00 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK PARK 227.00 ALOHA LANDSCAPE & IRRIGATION MOWING - MCCARTY PARK 145.00 VENDOR DESCRIPTION AMOUNT ALOHA LANDSCAPE & IRRIGATION MOWING - RAYOLA PARK 185.00 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK PARK 227.00 ALOHA LANDSCAPE & IRRIGATION MOWING - MCCARY PARK 145.00 ALOHA LANDSCAPE & IRRIGATION MOWING - RAYOLA PARK 185.00 AEP /PSO 06/07 USE 2,168.59 OKLAHOMA NATURAL GAS 06/07 USE 177.47 RURAL WATER DISTRICT 3 WATER USAGE - MCCARTY PARK 43.60 AT &T PHONE USE 0.06 MEDICAL COMPLIANCE SPECIALTY INC PARKS DEPT TOTAL 9,383.35 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 35.00 OFFICE DEPOT OFFICE SUPPLIES 17.97 JPMORGAN CHASE COMMERCIAL CARD WALMART- SUPPLIES 78.89 TULSA MAINTENANCE SUPPLY SUPPLIES /CART 196.18 A PLUS SERVICE REPAIR ICE MACHINE 267.00 A -1 STRIPING RE- STRIPE PARKING LOT 500.00 JPMORGAN CHASE COMMERCIAL CARD LOWES -PAINT 124.32 AEP /PSO 06/07 USE 854.37 ONEOK, INC OKLAHOMA NATURAL GAS 06/07 USE 80.54 AT &T PHONE USE 0.55 COMMUNITY CENTER DEPT TOTAL 2,154.82 JPMORGAN CHASE COMMERCIAL CARD EMTEC -PEST CONTROL 200.00 AEP /PSO 06/07 USE 182.75 OKLAHOMA NATURAL GAS 06/07 USE 36.02 AT &T PHONE USE 0.71 JPMORGAN CHASE COMMERCIAL CARD OK MUSEUMS ASSOC- MEMBERSHIP 35.00 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTER 844.10 JPMORGAN CHASE COMMERCIAL CARD DELL - SPEAKERS 26.84 STAPLES TABLE 49.99 HISTORICAL MUSEUM DEPT TOTAL 1,375.41 JPMORGAN CHASE COMMERCIAL CARD HOBBY LOBBY - OFFICE SUPPLIES 16.00 JPMORGAN CHASE COMMERCIAL CARD YAHOO -SITE PLACEMENT SERVICES 147.00 SPRINT COMMUNICATIONS PCS CHARGES 50.54 OKLAHOMA TRANSPORTATION AUTHORITY PIKEPASS USE 7.86 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 19.20 TULSA AREA PARTNERSHIP ANNUAL MEMBERSHIP DUES 2,493.80 ECONOMIC DEVELOPMENT DEPT TOTAL 2,734.40 GENERAL FUND TOTAL 186,514.52 AETNA AMBULANCE REFUND 316.67 DEFINITY HEALTH AMBULANCE REFUND 500.40 TIM OR JULIE LONG AMBULANCE REFUND -LONG 100.00 JPMORGAN CHASE COMMERCIAL CARD LAERDAL MEDICAL -BOOKS 237.26 JPMORGAN CHASE COMMERCIAL CARD HOME DEPOT -BINS 24.95 JPMORGAN CHASE COMMERCIAL CARD PSI - SUPPLIES 129.87 JPMORGAN CHASE COMMERCIAL CARD TRI ANIM- SUPPLIES 1,118.60 JPMORGAN CHASE COMMERCIAL CARD WALMART- RETURN -23.74 JPMORGAN CHASE COMMERCIAL CARD WALMART- SUPPLIES 21.88 MEDICAL COMPLIANCE SPECIALTY INC BIO -WASTE DISPOSAL 198.00 PACE PRODUCTS SUPPLIES 174.50 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 1,731.28 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 766.70 CROW BURLINGAME COMPANY VEHICLE MAINT 87.13 ATC FREIGHTLINER GROUP REPAIR -MEDIC AIR BAG 619.24 MEDTRONIC MAINT CONTRACT 3,197.12 CINGULAR WIRELESS CELL PHONE USE 116.34 CINGULAR WIRELESS CELL PHONE USE 105.08 MEDICLAIMS MONTHLY SERVICES 4,680.31 FIRE SERVICE TRAINING OSU ACLS CARDS - PARAMEDICS 18.00 JPMORGAN CHASE COMMERCIAL CARD AWL PRENTICE- TRAINING MATERIALS 1,655.74 JPMORGAN CHASE COMMERCIAL CARD FITCH & ASSOC- KE L LEY/GARR ETT 1,380.00 TREASURER PETTY CASH MILEAGE /PARKING- SHEARER 45.80 AMBULANCE SERVICE FUND TOTAL 17,201.13 JPMORGAN CHASE COMMERCIAL CARD DELL - COMPUTERS 3,571.47 CHARNEY, BUSS, & WILLIAMS, P.C. CITY VS. MCCARTY 5.21 BECCO CONTRACTORS STREET REPAIR PROJECT -123RD ST 4,000.00 CAPITAL IMPROVEMENTS FUND TOTAL 7,576.68 ZOLL MEDICAL CORPORATION AUTO PULSE SYSTEM /LIFE BAND 13,000.00 AMBULANCE CAPITAL FUND TOTAL 13,000.00 WAYEST SAFETY RUBBER HOSE -NEW PUMPER 5,204.85 FIRE CAPITAL FUND TOTAL 5,204.85 LIVINGSTON, KEN TUITION REIMBURSEMENT 326.25 O'REILLY AUTOMOTIVE SHOP SUPPLIES 10.67 UNIFIRST HOLDINGS UNIFORM RENTAL 96.75 J & R EQUIPMENT PARTS FOR RESALE 86.93 ENLOW TRACTOR PARTS - TRACTOR 333.27 BRAKE REBUILDERS PARTS FOR RESALE 552.92 FRONTIER INTERNATIONAL TRUCKS REPAIR PARTS - AMBULANCE 38.68 TULSA NEW HOLLAND PARTS - BACKHOES 526.21 O'REILLY AUTOMOTIVE PARTS FOR RESALE 208.48 UNITED FORD PARTS FOR RESALE 1,812.88 T & W TIRE TIRES -CITY VEHICLES 3,681.05 UNITED FORD PARTS FOR RESALE 1,396.53 O'REILLY AUTOMOTIVE PARTS FOR RESALE 1,759.97 CLASSIC CHEVROLET PARTS FOR TRUCK 28.91 AEP /PSO 06/07 USE 554.15 OKLAHOMA NATURAL GAS 06/07 USE 65.97 METROCALL PAGER USE 8.95 CINGULAR WIRELESS CELL PHONE USE 45.21 AT &T PHONE USE 0.63 QUALITY TIRE & AUTO SERVICE WHEEL ALIGNMENT 299.00 T & W TIRE REPAIR SERVICE - SLUDGE TRUCK 505.00 CLASSIC CHEVROLET REPAIRS -WATER DEPT VEHICLE 4,482.59 JIM NORTON FORD REPAIRS - POLICE VEHICLE 127.54 CLASSIC CHEVROLET VEHICLE REPAIRS - POLICE /PW 2,863.58 CITY GARAGE FUND TOTAL 19,812.12 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 1,079.50 CITY OF OWASSO IMPREST ACCOUNT WC PROFESSIONAL 693.25 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 1,766.31 VENDOR CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT REGIONAL MEDICAL LABORATORY CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT GARY WILLIAMS MARTINEZ AUTO BODY RESEARCH BELTON HOSPITAL RAYMORE MEDICAL GROUP HCAEP MIDWEST RADIOLOGY JACLYN VENT DESCRIPTION AMOUNT MEDICAL CLAIMS 5,977.29 MEDICAL CLAIMS 4,045.57 MEDICAL CLAIMS 294.20 MEDICAL CLAIMS 522.07 MEDICAL CLAIMS 26.60 MEDICAL CLAIMS 1,551.21 WC SETTLEMENTS 2,604.00 SETTLEMENTS 1,369.00 SETTLEMENTS 1,369.00 WORKERS COMP FUND TOTAL 21,298.00 TORT CLAIM 1,640.00 TORT CLAIM 1,043.68 TORT CLAIM 3,213.24 TORT CLAIM 155.00 TORT CLAIM 205.00 TORT CLAIM 244.00 TORT CLAIM 185.00 SELF INSURANCE FUND TOTAL 6,685.92 GRAND TOTAL 277,293.22 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 08/07/07 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 34,989.73 HEALTHCARE MEDICAL SERVICE 37,242.94 HEALTHCARE MEDICAL SERVICE 28,656.13 ADMIN FEES 14,119.80 STOP LOSS FEES 12,701.76 HEALTHCARE DEPT TOTAL 127,710.36 DELTA DENTAL DENTAL MEDICAL SERVICE 3,879.10 DENTAL MEDICAL SERVICE 3,859.00 DENTAL MEDICAL SERVICE 5,439.17 DENTAL DEPT TOTAL 13,177.27 VSP ADMIN FEES 1,130.01 VISION DEPT TOTAL 1,130.01 HEALTHCARE SELF INSURANCE FUND TOTAL 142,017.64 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 7/21/2007 Department Overtime Expenses Total Expenses M�a�,, y �. WE k 66.20 5,575.25 r Managerial 75.60 22,246.42 Human Resourses - 8,445.49 Community Development Engineering - 15,737.25 Support Services - 9,769.67 arm Police Central Dispatch 551.68 11,495.75 Garage Fund - 5,375.94 Ambulance Fund 848.98 23,384.70 Fund Total .. ; _� .... Emergency 911 Fund 183.88 3,924.09 ... ,,. ..Fund Total , : 3,924.09 Workers Compensation 950.40 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: CITIZEN REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA DATE: August 3, 2007 BACKGROUND: The City Clerk's office has received a letter dated July 18, 2007 from Ms. Pepper Priest of 11105 E. 119 Street North, Collinsville, Oklahoma. Ms. Priest is requesting to address the City Council at the next regular scheduled meeting of August 7, 2007 to discuss and suggest Council action to amend the current Animal Ordinances of the City of Owasso relating to the prohibition on keeping wolves in the city limits. Attached for your review is a copy of Ms. Priest's letter and a copy of Section 4 -118 of the Owasso City Code of Ordinances, relating to Wild and Exotic Animals. ATTACHMENTS: 1. Correspondence dated July 18, 2007 from Ms. Pepper Priest 2. Copy of Section 4 -118 of the Owasso Code of Ordinances July 18, 2007 Attn: Owasso City Council My name is Pepper Priest and I am an Owasso resident that has an important issue I would like to address to the city of Owasso's animal ordinance. On July 3rd 2007 our family pet was taken away only because of the fact that she is a wolf. Rosie has been a part of our family for over a year now. When I say family I am referring to my husband Mark, 8 year old son Chance, cat Soxy and ferret Little Guy (they all get a long). First of all I would like it to be recognized that Rosie has never caused any problems, she doesn't even bark, and all the neighbors love her. I would also like it to be recognized that there has never been a wolf attack anywhere in Oklahoma (Where have we gotten the idea that wolves are vicious killers ?) I would also like to know why we have a law against wolves and just down the street Collinsville does not? I am getting carried away. I would like the opportunity to speak on behalf of our family pet Rosie August 7th 2007 and address to the city council why the animal ordinance should be changed. Thank you for your time. Pepper Priest 11105E 119 STN Collinsville, Ok 74021 918 -519 -2920 RECEIVED JUL 2 01007 cty Clerk's Animals 8. Do anything which is prohibited or failing to do that which is required and commanded by any part of this chapter. (Prior Code, Sec. 3 -27; Ord. No. 532, 12/3/96) SECTION 4 -117 UNLAWFULLY KEPT DOGS It is the duty of the animal control officer, or such person authorized, to seize and impound for the times and under the conditions hereinafter stated, every abandoned animal, every unlicensed animal, every female animal in heat not confined, every vicious animal, every animal which is a nuisance, and every rabies suspected animal, and every animal, the keeping or harboring of which is declared to be an offense. (Prior Code, Sec. 3 -28; Ord. No. 532, 12/3/96) SECTION 4 -118 WILD AND EXOTIC ANIMALS; PROHIBITION ON KEEPING A. It shall be unlawful for any person to keep, harbor, maintain or have in his/her possession or under his /her control within the City (except reptiles which are defined in Section D), any poisonous reptile or other wild animal, insect, or other exotic animal not generally recognized to be domesticated or which, because of size, vicious nature or any other characteristic, presents a danger to human beings, and shall include but not limited to: The following member of the Class Mammalia: (a). Order Carnivora, Family Felidae - cougars, lions, panthers, tigers, jaguars, leopards, ocelots, and margays except commonly accepted domesticated cats; Family Ursidae - bears; Family Canidae - wolves, coyotes, jackals, dingos, foxes, and the African wild dog, to include any canine hybrid mix, to include but not limited to wolf, coyote or dingo mix hybrid; Family Mustelidae - weasels, martins, minks, badgers, and skunks; Family Procyonodae - raccoon; (b). Order Chiroptera - bats (c). Order Edentata - sloths, anteaters and armadillos; (d). Order marsupialia - kangaroos and common opossums; (e). Order Proboscidea - elephants; (f). Order Primata - monkeys, chimpanzees and gorillas; (g). Order Rodentia - beaver, muskrat and porcupines; (h). Order Ungulata - antelope, deer, bison, camels; 2. The following members of the Class Aves: (a). Order Falcomforms - hawks, eagles, falcons and vultures which are not kept pursuant to federal or state permits; (b). Subdivision Ratitae - ostriches, rheas, cassowaries and emus; 3. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means - to include the keeping of bees whether for commercial purposes or hobby; except domestic honeybees under the circumstances hereinafter provided, to -wit: (a) No more than two (2) hives shall be maintained for each '/4 acre or less of lot size on any lot; (b) No hives shall be maintained within twenty (20) feet of any lot line of the lot on which said hive is located; (c) Between each hive and the neighboring lot in the direction of the hive entrance, the hive owner shall maintain a hedge or a screening fence that is at least six (6) feet in Page 4 -12 Animals height, to be located within twenty (20) feet of such lot line, and to extend the entire length of such lot line; (d) A supply of clean water must be furnished within twenty (20) feet of each hive at all times between March 1 and October 31 of each year; (e) Hive owner shall inspect each hive not less than four (4) times between March 1 and October 31 of each year. A written record, including the date of each such inspection, shall be maintained by the owner and shall be made available to the Chief of Police of the City of Owasso, Oklahoma upon request; (f) The hive owner shall provide written notification to the City Clerk and Chief of Police of the City of Owasso, Oklahoma as to the existence of the hive, as well as certify as to notification of adjoining property owners of the existence of the hive. Hive owner shall place written notification on the property in a conspicuous place so as to inform the public of the existence of the bee hive. (Ord. No. 683, 8/21/01) 4. Any species of animal when kept, maintained or harbored in such numbers of in such manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings. B. The provisions of section A shall not apply to menageries, zoological gardens, exotic animal shows or sales, and circuses, if- Their location conforms to the provisions of the zoning ordinance of the City. 2. All animals and animal quarters are kept in a clean and sanitary conditions and so maintained as to eliminate objectionable odors; 3. Animals are maintained in quarters so constructed as to prevent their escape; and, if and in the event of escape, the owner or custodian of such animal immediately notifies the animal control officer. 4. No person lives or resides within one - hundred (100) feet of the quarters in which the animals are kept. 5. All animals wild by nature or exotic that are impounded by the animal control officer shall be returned to habitat, destroyed or donated to a zoo. C. Acceptable Reptiles: 1. The species in the families of reptiles listed in this paragraph may be possessed and /or housed in the City of Owasso. Reptiles must be under restraint on owners property unless being transported. * NOTE: Any reptiles being allowed by the City of Owasso must still be possessed in accordance with any and all state, federal regulations that may apply. (a). The Lizards - Order Squamata; Suborder Sauria- Family Gekkonidae - geckos Family Agamidae - Agamas Family Iguanidae - anoles, swifts, iguanas Family Cordylidae - sungazers Family Anguidae - plated lizards Family Varanidae - monitors Family Lacertidae - wall lizards Family Anniellidae - limbless lizards Page 4 -13 Animals Family Teiidae - striped lizards, racerunners Family Chamaeleonidae - chameleons Family Scincidae - skinks Family Gerrhosauridae - plated lizards (b). The Snakes - Order Squamata; Suborder Ophida- Family Leptotyphlopidae - typhlopidae, worm snakes Family Boidae - boas, pythons Family Colubridae, sub family Colubrinae, (no poison conducting teeth). This group contains garter, water, gopher, bull, rainbow, hognose, ringneck and green snakes plus ratsnakes, kingsnakes, comsnakes and reces, etc. (c). The Turtles and Tortoises - Order Testudines Family Chelydridae - snapping turtle Family Kinosternidae - musk turtle Family Platysternidae - big head turtle Family Emudidae - tortoise, etc. Family Trionychidae - soft shelled turtle Family Pelomedusidae - flat headed turtle Family Chelidae - sie necked turtle 2. All owners of acceptable reptiles must obtain a permit for such animal through the Owasso animal shelter. There will be no charge for such permit. All owners or custodians of acceptable reptiles must immediately notify the animal control officer if such reptiles escape. D. Prohibited Reptiles: 1. The species in the families of reptiles listed in this paragraph are prohibited in the city of Owasso. 2. The Alligators, Caimans and Crocodiles - Order Crochodylia. 3. The Lizards - Order Squamata; suborder Ophidia- Family Elapidae - Cobras; Family Hydrophiidae - sea snakes; Family Viperidae - vipers; Family Crotalidae - pit vipers; Family Colubridae, sub family Disadomorphinae, rear fang snakes and the specific species: Dispholidus typus, the Boomslang; Thelotornis Kirklandi, African bird eating snake; Boiga dendrophilia, the Mangrove snake. E. Habitat Recognizing that reptiles differ from other animals in handling techniques, the sections listed below must be followed to allow anyone to possess and/or house reptiles in the city. 1. All reptiles held as pets or specimens in the city of Owasso must be contained within secure habitats capable of preventing escape. F. Transport and Handling Reptiles being transported in Owasso will be secured within escape proof containers. Page 4 -14 Animals 2. Acceptable reptiles may be handled openly if the handler is demonstrating the reptile for sale within a retail business establishment approved for sale of such reptiles. 3. Reptiles shall not be handled openly in public places, e.g. parks, schools, shopping areas, etc. 4. Prior approval and notification of the animal control officer must be made before conducting any educational programs utilizing reptiles within the Owasso City Limits. G. Release of Reptiles 1. Reptiles not indigenous to the state of Oklahoma, shall not be released or abandoned by their owners and/or their handlers in the city of Owasso. 2. Any species of reptile not indigenous to the state of Oklahoma which may be secured by, or forfeited to, Animal Control shall be turned over to a zoo or a reptile rescue organization for proper disposition, or if necessary may be destroyed if deemed proper by Animal Control. 3. Species indigenous to the state of Oklahoma which are secured by Animal Control may be released to the wild as Animal Control deems proper. H. Penalties Unless otherwise provided, every person violating any of the provisions of this title shall be guilty of an offense and upon conviction shall be punished by a fine not to exceed $200.00 and/or ten (10) days in jail. (Ord. No. 532, 12/3/96) ARTICLE B RABIES VACCINATION, REGISTRATION, TAGS AND FEES SECTION 4 -120 RABIES VACCINATIONS; REOUIRED A. No person shall own, harbor or keep in the city any dog, cat or ferret which has not been vaccinated against rabies in accordance with the law. The owner of such animal shall have the animal vaccinated either annually with an annual vaccine, or once every three years with a three year vaccine. The owner shall procure from the veterinarian administering the vaccine a certificate of vaccination giving a description of the animal and the date of vaccination. Such certificate shall be in force as provided therein, either one or three years. B. Every dog, cat or ferret shall be vaccinated for rabies on or before reaching four (4) months of age. Any dog, cat or ferret which is over the age of four (4) months and which has not been vaccinated against rabies within the past twelve or thirty-six month period, whichever is applicable, and which has been kept within the city for a period of thirty (30) days of more, shall be vaccinated immediately. (Prior Code, Sec. 3 -17; Ord. No. 532, 12/3/96) SECTION 4 -121 REGISTRATION; REQUIRED A. The owner of every dog, cat or ferret shall annually register the dog, cat or ferret by giving the animal control officer the name and address of the owner, the name, breed, color and sex of the animal as well as the date of vaccination and by whom vaccinated, and such other reasonable information as the animal control officer may request. Page 4 -15 MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: LARRY WHITE DIRECTOR SUPPORT SERVICES SUBJECT: CONTRACT FOR THE PURCHASE OF PHASE II WIRELESS COMPLIANT 911 TELEPHONE EQUIPMENT DATE: JULY 18, 2007 BACKGROUND: In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first interlocal agreement establishing the Regional E -911 Board in order to provide 'Enhanced" 911 Emergency Telephone service. These 12 jurisdictions agreed to share the cost of hardware, routing, software and services in order to reduce the overall cost and to provide enhanced information to 10 public safety answering points, PSAPs. Each of the 12 jurisdictions listed below has a PSAP except for Tulsa County and Catoosa, who contract with Tulsa for dispatching. These jurisdictions Claremore, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa, Skiatook Tulsa, Tulsa County, Catoosa and Bixby shared the costs of database, circuits, and frame relay charges based on their percentage of total line count. The current equipment was purchased in 1998, and is no longer covered by manufacturer's warranty. Because technology has changed and interoperability has become more important, the Regional E911 Board was restructured in February, 2006, to allow 10 jurisdictions to come together to purchase new 911 equipment and services. The ten jurisdictions are Claremore, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa, Skiatook, Tulsa and Rogers County. Sapulpa's PSAP answers for Kiefer, Kellyville, Mounds and the eastern portion of unincorporated Creek County. Tulsa answers calls for Catoosa, Sperry and all of unincorporated Tulsa County. The new Phase II compliant equipment will allow each jurisdiction the ability to locate wireless calls when the caller is unable to give their location. PHASE II AGREEMENT: The Regional E -911 Board has researched and approved new 911 equipment which will be provided by AT &T. The proposed Master Services Agreement contains the general terms and conditions. There are 5 addenda, each incorporating a portion or all of AT &T's bid response. The contract was drafted and reviewed by three attorneys: Steve Oakley, City Attorney at Jenks, Linda Redemann, Asst. City Attorney at Tulsa, and Darita Huckabee, Attorney at INCOG. AT &T attorneys as well as Julie Lombardi have approved this version. The cost includes the purchase of the equipment, installation, training and a five -year maintenance warranty. Payments E -911 INTERLOCAL AGREEMENT JULY 18, 2007 PAGE 2 are spread over five years. Final acceptance of the system should occur within 6 months of the execution of this agreement. 911 bills will increase incrementally over the next 6 months as each PSAP is installed. A retainage will be paid upon final acceptance. The costs identified in this agreement do not include associated 911 costs such as administrative telephone lines, fees and taxes. Costs are shared proportionally, based on population. Population estimates are updated annually by INCOG. Payments under this contract will be delivered to INCOG who will then remit to AT &T. In addition, each jurisdiction may have additional costs associated with 911 addressing to meet the mapping needs of the equipment. Mapping costs are not shared proportionally because each jurisdiction's mapping needs were different. Monthly mapping costs will be included in the monthly INCOG invoice. FUNDING: In November and December, 2005, Rogers County and Tulsa County voters approved assessing a .50 cent fee on cell phones to pay for this technology. In addition, jurisdictions have been collecting for many years a 911 "landline" fee based upon a percentage of the basic telephone rate, which should also help fund this purchase. The total cost for the entire project is $1,881,745.08 annually for 5 years. The City of Owasso's portion is $76,099.94 per year. RECOMMENDATION: Staff recommends City Council authorization for the Mayor to execute the Master Service Agreement with AT &T for the purchase of Phase II compliant 911 telephone equipment. ATTACHMENT: 1. Master Service Agreement 2. Interlocal Agreement MASTER SERVICES AGREEMENT Between THE REGIONAL 9 -1 -1 BOARD An entity created by 74 O.S. 1002 et seq., THE CITIES OF CLAREMORE COLLINSVILLE, GLENPOOL, JENKS, OWASSO, SAND SPRINGS, SAPULPA and TULSA, THE TOWN OF SKIATOOK, ROGERS COUNTY, OKLAHOMA, SOUTHWESTERN BELL TELEPHONE, L.P. , D /B /A AT &T OKLAHOMA MASTER SERVICES AGREEMENT (Incorporation of Part 1 of the Response to Request for Bid) THIS MASTER SERVICES AGREEMENT (the "Agreement ") is made and entered into by and between The Regional 9 -1 -1 Board, an entity created by 74 O.S. 1002 et seq., the cities of Claremore, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa and Tulsa, the Town of Skiatook and Rogers County ( "Customers "), and Southwestern Bell Telephone, L.P. a Texas limited partnership d /b /a AT &T Oklahoma ( "AT &T Oklahoma "). INTRODUCTION The parties agree that the following terms and conditions will govern AT &T Oklahoma's sale or lease and Customers' purchase or rent of certain equipment, database management and network transport Services (collectively, the "Services ") for use by Customers to provide Enhanced 9 -1 -1 service to telecommunications more specifically set out in this agreement. AT &T Response to Second Request for Bid dated February 19, 2007 ( "Response ") is attached hereto and incorporated herein by reference in its entirety. Except as otherwise provided in the text of this Master Service Agreement or Addenda, the terms of the Response are controlling over the terms of the Agreement. By entering into this agreement, the parties hereby waive any defect in bidding that may have occurred. As used in this Agreement, "Customers" means one or more Customer, depending on the context. "Agreement" means this Master Service Agreement and all Addenda in effect no matter when executed. I. DESCRIPTION OF SERVICES, PRICING AND ADDENDA AT &T Oklahoma agrees to provide Services as described herein and in Addenda attached hereto. ( "Addenda ") II. COMPENSATION AT &T Oklahoma will bill and Customers will pay to AT &T Oklahoma, on a monthly basis, in advance, or as otherwise specified in an Addendum, the charges set forth in this Agreement. Except as otherwise provided in this Agreement, the prices do not include any independent company or inter- exchange carrier charges, intra - building network cable, simple inside wire, repair services for such cable and wire, or wiring associated with Customers' equipment. Payment of charges is due on the date specified on the bill or as otherwise set forth in this Agreement. Customers agree to pay a late payment fee as set by law if payment is not made on or before the due date. In the event of a billing dispute, Customers shall pay the undisputed portion on the payment due date. If a dispute is subsequently resolved in AT &T Oklahoma's favor, Customers will be liable for the disputed portion plus the late fee specified above. if the dispute is resolved in Customers' favor, Customers will not be liable for the late fee on the withheld payment. III. INTERRUPTED OPERATION Customers understand and agree that AT &T Oklahoma does not guarantee uninterrupted operation of the Services sold hereunder. Suspension of operation of either E9 -1 -1 system may become necessary during maintenance of the Services. IV. ERRANT SERVICE REQUEST If within a 30 day time period AT &T Oklahoma responds to a second report from the same Customer of a service problem(s) that does not involve the Services covered by this Agreement, AT &T Oklahoma will invoice Customer for a service call at AT &T Oklahoma's then prevailing standard rate. AT &T Oklahoma will obtain Customer's approval of the work and the amount to be charged therefor prior to performance of any work that it notifies Customer will be billed as an errant service call. The Customer approving the work agrees to pay such invoice within thirty (30) days of receipt. AT &T Oklahoma will not attempt to correct any problem that does not involve the Services provided pursuant to this Agreement. V. TERMINATION OF AN ADDENDUM; SUSPENSION OF SERVICES No Addendum may be terminated, suspended or canceled except as expressly permitted by this Agreement. Notwithstanding any other term or provision in this Agreement or in any Addendum to the contrary, either party may, at its election and upon written notice, terminate, suspend or cancel any Addendum or this Agreement without any further liability or obligation to the other party in the event that: A. The other party is in material breach of or default under such Addendum, and such breach or default continues for a period of thirty (30) days after the giving of written notice by the party not in breach or default; Provided, however, if the alleged breach is of a type that cannot reasonably be remedied within thirty (30) 2 business days, and AT &T Oklahoma starts work on a remedy within thirty (30) days, Customers cannot terminate for breach until and unless AT &T Oklahoma is reasonably determined to be unable to remedy the breach, and then shall give first a new thirty days' notice of its intent to terminate. B. Any federal, state or local governmental agency or regulatory body or a court or tribunal of competent jurisdiction renders or enters an amendment, ruling, regulation, directive, decree or judgment which restricts or prohibits any party from continuing, impairs any party's ability to continue, or requires any material modification of this Agreement or any Addendum which has a material negative effect on Customers. C. Upon termination, Customers agree to pay AT &T Oklahoma all amounts due for Services provided by AT &T Oklahoma up to and including the effective date of termination. Termination shall constitute a full and complete discharge of all parties' obligations. Customer acknowledges, however, that determining the precise damages that AT &T OKLAHOMA will incur due to Customer's early termination will be difficult and uncertain. Accordingly, Customer also agrees to pay AT &T OKLAHOMA an Early Termination Charge to compensate AT &T OKLAHOMA for the damages caused by Customer's early termination. Said termination charge shall be paid prior to the expiration of this Agreement. Unless the Addendum applicable to the terminated Service states otherwise, the Early Termination Charge that Customer shall pay shall be equal to Twenty Percent (20 %) of the amount derived by multiplying the billed monthly price for the disconnected service by the months remaining in the Term of the Addendum hereto under which the terminated Service(s) have been provided. The Parties agree that the resulting amount reasonably approximates the value of the damages AT &T OKLAHOMA would incur in the event of Customer's early termination. After the expiration of the term of this Agreement or any Addendum, any party may terminate this Agreement or an Addendum without cause and for convenience upon 30 days' prior written notice to all other parties. VI. WARRANTIES AT &T Oklahoma warrants that it has good title to 9 -1 -1 equipment and that the Equipment will perform in accordance with the manufacturer's published specifications during the warranty period set forth in this agreement and AT &T will use commercially reasonable efforts to subrogate any AT &T claims or rights against the equipment manufacturer to Customers. With respect to maintenance or professional services, AT &T Oklahoma warrants that the services will be performed in a professional manner. AT &T Oklahoma is providing a hosted solution, therefore the cost for repair or replacement of the equipment shall be born by AT &T Oklahoma during the initial term of this agreement. 3 VII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES A. AT &T OKLAHOMA DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE OR PREVENT THIRD PARTY ACCESS TO CUSTOMERS'S NETWORKS. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN ANY ADDENDUM, THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. B. TO THE EXTENT PERMITTED BY LAW, AT &T OKLAHOMA HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL AT &T OKLAHOMA BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR OTHERWISE, INCLUDING DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY. C. TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOSS OF BUSINESS INCOME OR REVENUES OR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO OR ALLEGED TO HAVE BEEN CAUSED BY THE ACTS OR OMISSIONS OF ANY PARTY IN PROVIDING THE SERVICES HEREUNDER. IN NO EVENT WILL AT &T OKLAHOMA'S LIABILITY FOR DAMAGES CAUSED BY OR ARISING OUT OF ITS FAILURE TO PERFORM SERVICES IN A PROPER AND TIMELY MANNER EXCEED THE AMOUNT PAID BY CUSTOMERS TO AT &T OKLAHOMA FOR SUCH MATERIAL AND SERVICES. D. IN NO EVENT SHALL AT &T OKLAHOMA BE LIABLE FOR LOST PROFITS, TOLL FRAUD, LOSS OF USE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES, OR OTHERWISE, IN CONNECTION WITH SUCH EQUIPMENT OR SERVICES. E. CUSTOMERS' SOLE AND EXCLUSIVE REMEDIES AGAINST AT &T OKLAHOMA, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES FOR ANY LOSSES OR DAMAGES ARISING FROM ANY EQUIPMENT, SOFTWARE OR SERVICES PROVIDED BY AT &T OKLAHOMA, WHETHER IN CONTRACT OR IN TORT, SHALL BE LIMITED, TO THE EXTENT PERMITTED BY LAW, TO REPAIR OR REPLACEMENT OF THE SERVICES. IN ANY EVENT, AT &T OKLAHOMA'S LIABILITY SHALL BE LIMITED TO THE AMOUNT SPECIFIED IN THE TARIFF OR THE AMOUNT PAID TO AT &T OKLAHOMA BY CUSTOMER UNDER THE APPLICABLE 4 ADDENDUM AND SHALL NOT ENCOMPASS ANY DAMAGES DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF AT &T OKLAHOMA OR ATTRIBUTABLE TO ANY SERVICE, PRODUCTS, OR ACTIONS OF ANY PERSON OTHER THAN AT &T OKLAHOMA, REGARDLESS OF THE FORM OF ACTION. 1. Customers understand and agree that AT &T Oklahoma's price reflects this limitation of liability. 2. In no event shall AT &T Oklahoma be responsible for the following: a) Repair of damage due to Customers' failure to provide adequate electrical power or environmental conditions. b) Repair of damages caused by misuse or neglect. c) Repair of damages caused by Customers' existing wiring or damage to the existing wiring. d) Repair of damage caused by accident and /or disaster, including but not limited to fire, flood, wind, lightning or water. e) Repair of damage caused by the attachment of mechanical, electrical or electronic material or devices to the system that is not supplied or approved by AT &T Oklahoma. f) Repairs which are impractical for AT &T Oklahoma to render because of alterations in or attachments to the system. F. Upon Customers' request and prior approval of the amount to be charged and at AT &T Oklahoma's option, AT &T Oklahoma will provide any of the foregoing repairs identified in paragraph E 2 above, at its then prevailing standard service rate therefor. VIII. NOTICES Any notice or demand which under the terms of this Agreement or otherwise must or may be given or made by AT &T Oklahoma or Customers will be in writing and given or made by facsimile or similar communication or by certified or registered mail, return receipt requested, addressed to the respective parties as shown: If to Customers: Regional 9 -1 -1 Board c/o INCOG 201 W 5TH TULSA„ OK 74103 Attn.: Darita Huckabee If to AT &T Oklahoma: Southwestern Bell Telephone, L.P. d /b /a AT &T Oklahoma 405 N. Broadway Room 710 -B Oklahoma City, OK 73102 Attn.: Area Manager E9 -1 -1 Public Safety (Fax: 405 278 3501) Such notice or demand will be deemed to be given or made when sent, if sent by facsimile or similar communication, or when deposited, postage prepaid, in the U.S. mail. The above addresses may be changed at any time by giving thirty (30) days' prior written notice as above provided. IX. TERM OF AGREEMENT This Agreement will become effective upon execution by all parties and remain in full force for 1 year thereafter and will automatically renew for 4 additional 1 year periods subject to Customers' availability and appropriations of funds, unless terminated by any party pursuant to paragraph IV above. Addenda are coterminous with this Agreement, unless expressly provided in the Addendum. Upon expiration of the term, the Agreement may be extended on a month to month basis subject to the agreement of both parties and subject to provisions of individual addendum. X. RESPONSE TO BID, ADDENDUM TAKES PRECEDENCE OVER AGREEMENT Any term in an Addendum that directly conflicts with this Agreement will be deemed to control with respect to Services provided pursuant to that Addendum. Unless otherwise specifically stated, the terms of the Second Response to Request for Bid will be deemed to control with respect to Services provided pursuant to this Agreement and any Addendum. XI. ASSIGNMENT No party may assign or transfer its rights or obligations under this Agreement except with the prior written consent of all of the other parties, which consent will not be unreasonably withheld. Notwithstanding the foregoing, all parties will have the right to assign this Agreement to any present or future affiliate, subsidiary or parent corporation by securing consent, and may grant to any such assignee the same rights and privileges party enjoys under this Agreement. In addition, AT &T Oklahoma may subcontract any portion of the Services to be performed with prior written approval of all parties. 0 XII. CHOICE OF LAW This Agreement will be governed by and construed in accordance with the laws of the State of Oklahoma and venue shall be established for all disputes in the District Court of Oklahoma. This Agreement is subject to the laws of Oklahoma pertaining to public indebtedness and notwithstanding any other provision of this Agreement, the Response or any Addenda; any agreement of customers herein to make payments is subject to the sufficient appropriation of funds for such purpose by Customers. In the event that it is determined by an administrative agency or court of law that this Agreement violates any laws, ordinances or regulations, AT &T Oklahoma shall have the option of terminating this Agreement with no further obligation to Customers. XIII. CONFLICT OF INTEREST Each party represents and warrants that no officer, director, employee or agent of another party has been or will be employed, retained, paid a fee or otherwise has received or will receive, directly or indirectly, any personal compensation, "kickback" or any other consideration outside the specific terms of this Agreement in connection with or in contemplation of this Agreement or any future Addendum. Provided, however, the parties acknowledge that the Regional 9 -1 -1 Board anticipates hiring a project manager and may contact with one of the members of the Board after the execution of this Agreement to provide project management services to oversee the implementation of the terms of the Agreement. XIV. CURE AT &T Oklahoma will not be deemed to be in default under any term of this Agreement or any Addendum executed pursuant to this Agreement, and Customers will not seek or be entitled to enforce any remedy for any claimed default, unless AT &T Oklahoma fails to cure or correct same within ten (10) days following receipt of written notice from Customers. Customers or any one of them will not be deemed to be in default under any term of this Agreement or any Addendum executed pursuant to this Agreement, and Customers will not seek or be entitled to enforce any remedy for any claimed default, unless Customers or any one of them fail to cure or correct same within thirty (30) days following receipt of written notice from AT &T Oklahoma. XV. FORCE MAJEURE AT &T Oklahoma will not be liable for any delay or failure to perform Services due to circumstances beyond its reasonable control including, by way of illustration only and not limitation, labor strikes, natural catastrophes, civil disturbances, material shortages, new or revised government regulations, fire, explosion, lightning, earthquake, power surges or failures, floods, storms, tornadoes, acts of 7 God, war, terrorist activities, delays caused by the other party equipment vendors or other similar causes. AT &T Oklahoma will be excused from performance during the period of such interference. XVI. INDEPENDENT CONTRACTOR Neither AT &T Oklahoma nor its employees, agents or representatives are employees, servants, partners or joint ventures of or with Customers. AT &T Oklahoma is an independent contractor and will at all times direct, control and supervise all of its employees, agents and representatives and their respective activities. XVII. LABOR AND MATERIAL AT &T Oklahoma will furnish all labor, tools, transportation, material and supplies specified in this Agreement except any items specifically listed in an Addendum or this Agreement as being furnished by Customers or others. XVIII. MODIFICATION TO CONFORM TO LAWS This Agreement and all obligations under will be subject to all applicable laws, C rules and regulations (collectively, "Laws ") including, by way of illustration and not limitation, the 1996 Federal Telecommunications Act. In the event this Agreement, or any of its provisions, Addenda or the operations contemplated hereunder, is found to be inconsistent with or contrary to any Laws, the latter will be deemed to control and, if commercially practicable, this Agreement will be regarded as modified accordingly and will continue in full force and effect as so modified. If such modified agreement is not commercially practicable, in the opinion of either party, then the parties agree to meet promptly and discuss any necessary amendments or modifications to this Agreement. If the parties are unable to agree on necessary amendments or modifications in Addendum to comply with any Laws, then this Agreement may be terminated immediately by any party. In the event of such termination, Customers will pay AT &T Oklahoma all amounts due for Services provided by AT &T Oklahoma under this Agreement up to and including the effective date of termination. XIX. NON - WAIVER The failure of either party in its course of dealing to insist upon strict performance of any term, right or condition of this Agreement in any one or more instances shall not be construed as a waiver for the future of any such provision, but the same shall be and remain in full force and effect. E XX. RELEASES VOID Customers will not require any waivers or releases of any personal rights from employees or representatives of AT &T Oklahoma in connection with the presence of such employees or representatives on Customers' premises, and no such releases or waivers will be pleaded by Customers or third persons in any action or proceeding. XXI. RISK OF LOSS OR DAMAGE Customers agrees to protect any items furnished by AT &T Oklahoma to Customers in connection with this Agreement, including all Addenda, and bear the risk of loss, theft or damage thereto while such items and /or other items are on Customers' premises until the Services are completed. XXII. SEVERABILITY if any of the provisions of this Agreement are determined to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable the entire Agreement. The Agreement then will be construed as if it did not contain the particular invalid or unenforceable provision(s), and the rights and obligations of AT &T Oklahoma and Customers will be construed and enforced accordingly. XXIII. SURVIVAL Any obligation arising under this Agreement or any Addendum which by its nature will continue beyond the termination, cancellation or expiration hereof, including by way of illustration only and not limitation, those clauses entitled "LIMITATION OF LIABILITY ", "SEVERABILi i Y ", and "CONFIDENTIALITY" will survive the termination, cancellation or expiration of this Agreement. XXIV. TAXES In the event that Customer is liable under federal law for excise taxes or under state or local law for sales, use or similar taxes collected by AT &T OKLAHOMA on the Services (including any subcontractor's fees) provided under this Agreement and /or any Addendum, then AT &T OKLAHOMA will bill such taxes separately and Customer agrees to pay them. XXV. ADDITION & EXECUTION OF ADDENDA Whenever Customers desire AT &T Oklahoma to perform services in addition to those contained in this Agreement, or to change any services currently provided under this Agreement, Customers will request AT &T Oklahoma to prepare an E Addendum outlining the rights and obligations of the parties. The Addenda will (1) reference and incorporate the terms of this Agreement and all subsequent Addenda, (2) be sequentially numbered and fully executed by the parties, and (3) include in the term of the Addendum, a description of the features, type, quantity and rates for the Services, the location(s) where the Services will be provided, and any special terms and conditions. If the terms set forth in an Addendum are acceptable, Customers will execute and return the Addendum to AT &T Oklahoma. If AT &T Oklahoma does not receive Customers' written acceptance of an Addendum within thirty (30) days of Customers' receipt, the Addendum may be deemed rejected. Changes requested in services may include upgrades, downgrades and /or rearrangements of Services. Change charges may apply, and Customers will be advised of such charges at the time the change is requested. AT &T Oklahoma shall not be obligated to provide such changed services unless it consents and such changes have been reduced to writing in an Addendum that has been fully executed by the parties. XXVI. GENERAL TERMS AND CONDITIONS The terms and conditions of this Agreement are equally binding upon the Parties named herein, their heirs, assigns and successors in interest. A. AT &T Oklahoma will rely on information provided by Customers and will not be responsible for any damages or costs that result from errors or omissions in such information. Except as otherwise provided in this Agreement, Customers will also obtain at their expense any necessary licenses, easements, permits and consents (including landlord's or mortgagee's consents) in connection with Services. B. AT &T Oklahoma will have the right to suspend performance or to pursue any other remedies provided under this Agreement where Customers delay or fail to comply with this Agreement. If any of the measures described above are unreasonably expensive, Customers may request that AT &T Oklahoma suspend its performance under an Addendum until such time as an alternative remedy or course of performance is secured or agreed upon. If any such suspension lasts longer than thirty (30) days, AT &T Oklahoma may terminate that Addendum. C. Provision of the Services is subject to the availability and operational limitations of the equipment and associated facilities. If the Services require use of Customers Equipment, such Customers' equipment must be compatible with AT &T Oklahoma's equipment and facilities and must conform to industry standards and specifications. Customers shall ensure the continuing compatibility of Customers' equipment. 10 D. Customers are responsible for the installation, operation and maintenance of Customers equipment. No combination of Customers' equipment shall: require change in or alteration of AT &T Oklahoma's equipment or services; cause electrical hazards to AT &T Oklahoma's personnel or damage to AT &T Oklahoma's equipment; cause the malfunction of AT &T Oklahoma's billing equipment; or cause degradation of service to other persons. Upon notice from AT &T Oklahoma that Customers' equipment is causing such hazard, damage, malfunction or degradation of the service, Customers shall promptly make such changes as shall be necessary to remove or prevent such hazard, damage, malfunction or degradation of the Service. E. Customers shall provide AT &T Oklahoma with reasonable access to Customers' premises to enable AT &T Oklahoma to install, inspect, test, rearrange, maintain, repair or remove the Services. If AT &T Oklahoma responds to a request from Customers and access is denied or unavailable, standard time and material charges may apply. F. It is a condition precedent to AT &T Oklahoma's obligations hereunder that: (a) Customer is not in default of Customers' obligations under this Agreement; and (b) the AT &T Oklahoma Network has not been damaged by Customer as a result of misuse, abuse, neglect, accident, improper environmental conditions, electrical voltages or currents, repair, alteration or maintenance by any person or party other than an authorized service facility, attachment of mechanical, electrical or electronic material or devices not supplied by AT &T Oklahoma, or any use that violates the instructions furnished bv_ AT &T Oklahoma or the manufacturer. G. According to the terms of the Second Response to Bid, AT &T Oklahoma agrees and understands that no Customer tray enter into this Agreement or subsequent Addenda if AT &T Oklahoma is past due in payments to a Customer for any contract amount. H. To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and by Oklahoma Constitution Article 10, Section 26 and as otherwise permitted by law, Customer shall indemnify, defend and hold harmless AT &T OKLAHOMA, its parents, affiliates and subsidiaries, and their respective officers, directors, employees, agents, successors and assigns from and against any claim, loss or damage involving: (1) Claims for libel, slander, invasion of privacy, or infringement of copyright arising from Customer's own communications; or (2) Claims for patent or intellectual property infringement arising from Customer's acts of combining or using the Services in connection with Customer Equipment; and (3) any claims arising or allegedly arising in whole or in part from the performance or omission of Customer of any action. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Governmental Tort Claims Act, 51 O.S. § 151 et seq., where applicable, all such limitations, exemptions, and defenses shall be available to and may be asserted by the Board. I. To the extent permitted by the Oklahoma Governmental Tort Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and by Oklahoma Constitution Article 10, Section 26 and as otherwise permitted by law, Customers represent to AT &T Oklahoma that the limitation of liability for the provision of emergency services contained in Oklahoma law and in the AT &T Oklahoma General Exchange tariffs in Oklahoma apply to the services herein. When any alleged act, omission, negligence, or misconduct may be subject to the limitations, exemptions, or defenses which may be raised under the Governmental Tort Claims Act, 51 O.S. § 151 et seq., where applicable, all such limitations, exemptions, and defenses shall be available to and may be asserted by the Board. J. AT &T Oklahoma shall indemnify, defend and hold harmless Customers from and against any claim, or suit brought by a third party alleging the Se Vices infringe such party's U.S. patents, trademarks or copyright on Intellectual Property, provided that Customers: (a) followed AT &T Oklahoma's reasonable instructions for use of any Intellectual Property associated with the Services; (b) did not modify the Services; (c) notifies AT &T Oklahoma promptly and in writing of any such claims; and (d) cooperates with and permits AT &T Oklahoma to control the defense, settlement or other handling of such claim or threatened claim to the extent of Customers rights, equipment and operability is not impaired. AT &T Oklahoma shall not be responsible for any claims resulting from Customers' combination of the Services with other products or services or Customers equipment. K. Customers will schedule and coordinate the performance of work by suppliers, contractors or other entities working or present at a Customers' location in a manner which will not interfere with AT &T Oklahoma's performance of its Services within the time period specified in the applicable Addendum. XXVII. USE OF CONFIDENTIAL INFORMATION During the term of this agreement, each party may obtain confidential information from the other party. Written or other tangible confidential information must, at the time of disclosure, be identified and labeled as Confidential Information belonging to the disclosing party. When disclosed orally or visually, confidential information must be identified as confidential at the time of the disclosure with subsequent confirmation in writing within 15 days after disclosure. No party may during the term of this agreement and for 3 years thereafter disclose any of the other party's confidential information to any third party. No party may use the other party's confidential information except to perform its duties under this 12 Agreement. The confidential information restrictions will not apply to confidential information that is (1) already known to the receiving party (2) become publicly available through no wrongful act of the receiving party, (3) independently developed by the receiving party without the benefit of the disclosing party's confidential information, or (4) disclosed by the disclosing party which originated the confidential information to a third party without an obligation of confidentiality. XXVIII. PUBLICITY During the term of this agreement AT &T Oklahoma may refer to Customer, orally and in writing as Customer of AT &T Oklahoma and may publish a press release announcing in general terms that AT &T Oklahoma and Customers have entered into this Agreement, describing the general terms of the Agreement. Any other reference to any party by the other party requires written consent. XXIX. ENTIRE AGREEMENT This Agreement, including Addenda and applicable tariff, sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements, representations or understandings relating to the subject matter hereof. No amendments, modifications, or subsequent agreements concerning the subject matter of this Agreement will be effective unless made in writing. Each reference to a tariff provision in this Agreement shall be deemed to mean any and all similar tariff provisions or other regulations changed or established from time to time in lieu of said tariff provision during the term of this Agreement. In the case of a discrepancy between the tariffs, this Agreement and any Addendum the governing provision shall be first, the tariff, then, the Addendum, and finally this Agreement. XXX. EXECUTION IN PARTS This Agreement may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Upon execution of the parts, duplicate signature pages shall be sent to the Regional 9- 1-1 Board c/o INCOG. INCOG shall compile a complete original and forward the same to AT &T Oklahoma and to each Customer. XXXI. NOTICE OF TARIFF ACTIONS The parties acknowledge and agree that portions of this agreement are governed and regulated by the Universal Emergency Number Service Tariff governing the delivery of 9 -1 -1 services in Oklahoma. AT &T Oklahoma agrees to provide the Regional 9 -1 -1 Board a copy of any application of any type that has been filed by AT &T Oklahoma with the Oklahoma Corporation Commission in which AT &T Oklahoma seeks to affect the Universal Emergency Number Service Tariff. 13 XXXII. ADDENDA The following is a list of the addenda attached to the Agreement at the time of execution: ADDENDUM 1 HOSTED E 9 -1 -1 SERVICES ADDENDUM 2 INSTALLATION, MAINTENANCE & TRAINING ADDENDUM 3 FRAME RELAY ADDENDUM 4 DATABASE & SELECTIVE ROUTING ADDENDUM 5 MAPPING 14 SIGNATURES - EXECUTION OF CONTRACT AGREEMENT IN WITNESS WHEREOF, the parties have caused this agreement have executed the same on the date below written. (Name of Jurisdiction) Signature (title) (date) (clerk) (seal) Southwestern Bell Telephone L.P., d /b /a AT &T Oklahoma Signature (title) According to the terms of this Contract, the document may be executed in parts by each jurisdiction. A fully executed copy will be compiled and returned to you by the Regional 9 -1 -1 Board. MEMOR9r1D4M OFT A DERSTAN DING FOR THE SHARING OF COSTS BETWEEN City of Claremore City of Collinsville City of Glenpool City of Jenks City of Owasso INCOG City of Sand Springs City of Sapulpa City of Tulsa Town of Skiatook Rogers County The jurisdictions named above are members of the Regional 911 Board whose purpose is to share equipment and related costs associated with the delivery of 911 services. The Regional 911 Board was created by Interlocal Agreement, approved by the Attorney General on June 19, 2006. INCOG is a non-voting member of the Board. The Board and the jurisdictions have entered into an agreement for the purchase of new 911 equipment. The implementation of the contract for the purchase of equipment is anticipated to take at least 6 months. In this memorandum of understanding, the jurisdictions agree to share the costs of a consultant whose duty it will be to supervise the equipment installation. The jurisdictions agree that it may be necessary for an employee from any participating jurisdiction to fill the duties of the consultant. In that case payment for those services can be made to the employee's jurisdiction. DUTIES OF THE CONSULTANT The consultant shall actively participate and monitor installation of new equipment and services in the Regional 911 Board jurisdictions. Duties shall include to be the single point of contact for the Vendor-, to review installation steps and to recommend approval or non-approval to the PSAP manager and the Board; to advise the Board of the progress being made on installation and to recommend solutions to the Board as installation issues arise. The consultant shall be selected by competitive bid in a manner consistent with state law. SHARING OF COSTS I Each jurisdiction shall pay to INCOG its prolportionate share of costs as itemized on Exhibit A. PAYMENT OF COSTS Payment shall be made monthly on or before the first day of each month beginning on the first day of the month after which this agreement is fully executed. Payment shall be mailed or delivered to INCOG at the address listed below, unless other arrangements are made with INCOG. Payments shall continue until each jurisdiction has reached its total share of costs identified in Exhibit A. INCOG DUTIES INCOG shall receive payments from the jurisdictions as explained above. INCOG shall pay the consultant which the Board approves pursuant to the terms of this Memorandum of Understanding. This Memorandum of Understanding may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Upon execution of the parts, duplicate signature pages shall be sent to INCOG. INCOG shall compile the original, forward copies of the fully executed agreement to each jurisdiction. This Memorandum of Understanding is approved this day ref _Z,j . EXHIBIT A Jurisdiction Population Percent share C__ ost per Jurisdiction All 17,160 100% 2.91 $50,000.00 $1,455.27 Claremore Collinsville 4,330 0.731 $367,21 Glenpool 8,960 1.52 $759,86 Jenks 13,100 2.22 $1,110.96 Owasso 23,770 4.03 $2,015.84 Rogers co 49,950 8.47 $4,236.07 Sand Springs 17,670 3.00 $1,498.52 Sa ulpa 20,620 3.50 $1,748.70 Skiatook 6,290 1,07, $533.43 Tulsa 382,460 64.871 $32,434.95 Kiefer 1,310 0.22 111.1000 Kellyville 920 0.16 $78.02 Mounds 1,280 0.22 $108.55 Catoosa 6,440 1.09 $546.15 Sperry 1,020 0.17 $86.50 Uninc. Tulsa County 34,300 5.82 $2,908.85 TOTAL 589,580 100% MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: LARRY D. WHITE DIRECTOR SUPPORT SERVICES SUBJECT: MOTOROLA CONTRACT FOR IMPLEMENTATION OF THE FREQUENCY RECONFIGURATION AGREEMENT DATE: JULY 20, 2007 BACKGROUND The FCC has mandated that the City of Owasso move their 800 MHz System frequencies as part of an overall effort by the FCC to reduce interference in the 800 MHz band. The FCC ordered a reconfiguration of the public safety radio systems operating at 806 -824 MHz/851 -869 MHz (commonly known as the 800 MHz band) due to the potentially life - threatening problem of increasing levels of interference from commercial wireless carriers (Sprint Nextel specifically) operating in the same or adjacent spectrum bands. This problem has been exacerbated because, during the past several years, 800 MHz public safety radio systems have become more widespread and 800 MHz commercial wireless systems have proliferated. The primary purpose of the 800 MHz reconfiguration project is to eliminate and avoid interference to public safety radio systems and other 800 MHz systems by separating the spectrum for commercial, low -site cellularized wireless networks (Sprint Nextel) from the spectrum for "high- site" radio networks typically operated by public safety groups and other licensees. Separating these types of communications requires moving public safety systems to a spectrum lower in the 800 MHz band and moving commercial carriers such as Sprint Nextel to the opposite end of the band. The planned reconfiguration of the 800 MHz band includes creating a "guard band," or buffer, to help ensure that signals from the different types of networks will not interfere with each other. The reconfiguration process is estimated to last three years and will be scheduled in waves. Sprint Nextel has been directed to pay for the entire cost of this process so there is no cost to the City of Owasso for rebanding or reconfiguration In order for the City of Owasso to accomplish their part of the reconfiguration project, the City contracted with Motorola to be the Project Manager to assist with the engineering studies which included frequency analysis, system inventory, and implementation planning. Motorola was selected as our agent because our current proprietary system is manufactured by Motorola. Motorola prepared a cost estimate once the Reconfiguration proposal was agreed upon by Sprint Nextel and the rebanding Transition Administrator (TA). The TA was mandated by the FCC to facilitate 800 MHz band reconfiguration in an expeditious, cost - effective manner with minimal disruption to licensees. The Frequency Reconfiguration Agreement (FRA) was then developed. This document contains a list of the frequencies to be reconfigured, the processes for the reconfiguration, the inventory of the radios and accessories to be replaced and the cost associated with the reconfiguration. On June 19, 2007, the FRA was signed by Sprint Nextel and approved by the TA. The Reconfiguration Implementation Phase Agreement between The City of Owasso and Motorola has now been developed to implement the processes outlined in the FRA. It also allows Motorola to be compensated by Sprint Nextel as each phase of the implementation is completed. Motorola will provide the implementation phase products and/or services to the City of Owasso REQUEST This request is for City Council authorization for the City Manager to execute the Reconfiguration Implementation Phase Agreement between the City of Owasso and Motorola. RECOMMENDATION Staff recommends City Council authorization for the City Manager to execute the Reconfiguration Implementation Phase Agreement with Motorola. ATTACHMENTS: 1. Reconfiguration Implementation Phase Agreement February 26, 2007 Larry White City of Owasso 452 South Main Owasso, OK 74055 Dear Mr. White, Motorola is pleased to present this proposal for reconfiguration services required to modify your radio system to comply with the Federal Communication Commission's Rebanding Report & Order. The FCC mandates that the City of Owasso move their 800MHz System frequencies as part of an overall effort by the FCC to reduce interference in the 800MHz band. Motorola will work closely with the City of Owasso to ensure that we have a complete understanding of your current operational needs and that these are kept at the forefront during planning and while reconfiguring your operational communication system. We will provide a complete evaluation of your system to insure a successful reconfiguration. These considerations are incorporated into the attached rebanding quotation. Our proposal was developed for your 800 MHz communication system based on our understanding of your existing equipment inventory and system configuration. Any variance to this inventory information which results in modifications to the scope of work or schedule will be addressed via a change order. Motorola will commence this reconfiguration effort for the City of Owasso system once this proposal is agreed to by Nextel and the rebanding Transition Administrator. As outlined in the guidelines of the Transition Administrator, the attached Statement of Work and accompanying price page should be included with your request for reconfiguration funding forms and faxed to Transition Administrator at 888 - 701 -4380 or via e-mail at Comments d),800TA.org. If you have any questions regarding this proposal, please contact your Motorola Rebanding Strategist, Walter Wood at 901 -596 -7988 or your Motorola Account Manager, Steve Kumrow, at 918- 251 -4007. Regards, Motorola Rebanding Lead — Systems Integration 1301 E. Algonquin Road, Schaumburg, IL 60196 800 MHz Rebanding Project City of Owasso Reconfiguration Implementation Phase Agreement Terms and Conditions Motorola, Inc. ( "Motorola ") and City of Owasso, whose main address is 452 South Main, Owasso, OK, 74055 enter into this Reconfiguration Implementation Phase Agreement ( "Agreement "), pursuant to which Licensee will purchase and Motorola will sell the Reconfiguration Implementation Phase products and/or services described below, and the parties will perform their duties as described in this Agreement. Motorola and Licensee may be referred to individually as a "Party" and collectively as the "Parties." This Agreement is made with reference to the following recitals. A. On August 6, 2004, the Federal Communications Commission ( "FCC ") issued a Report and Order FCC 04- 168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC 04 -294. The August 6 and December 22, 2004 orders, and any supplemental orders issued by the FCC, are collectively referred to as the "Order." B. Pursuant to the Order, certain licensees of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels ( "Replacement Channels ");and Nextel Communications, Inc. must relinquish some of its existing channels and must provide and pay relocation funds ( "Relocation Funds ") to enable affected licensees (like Licensee) to relocate their systems onto Replacement Channels and reconfigure their systems so that they are "Comparable Facilities." C. The FCC has appointed a Transition Administrator (the "TA ") to ensure that the rebanding initiative proceeds on schedule and in a planned and coordinated manner so that disruption to a licensee's system is minimized. In the TA's "Reconfiguration Handbook," the two phases to accomplish reconfiguration are described as the "Reconfiguration Planning Phase" and the "Reconfiguration Implementation Phase." This Agreement addresses only the Reconfiguration Implementation Phase. Licensee has selected Motorola to provide the Reconfiguration Implementation Phase Products and Services (as defined below). D. The Parties acknowledge that additional products or services may be needed for Licensee to achieve Comparable Facilities, and these additional products may be provided by other vendors and these additional services may be performed by Licensee's own personnel or by its other contractors. This Agreement describes only the Reconfiguration Implementation Phase Products and Services that Motorola is providing to Licensee. E. This Agreement is not intended to, and does not apply to the delivery of any products or services that are not related to the Reconfiguration Implementation Phase activities. If Licensee desires to purchase from Motorola products or services that are not related to these reconfiguration activities, including radio feature enhancements, the Parties will document that transaction in another separate contract. For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits. Exhibit A Payment Milestone Schedule Exhibit B Acceptance Certificate Exhibit C Motorola's Proposal dated 02/19/07, which includes all of the "Technical and Implementation Documents" such as (if applicable): the "Reconfiguration Products List," the "Reconfiguration Services Statement of Work" or "SOW," including Benchmark Tests, if any, the "Reconfiguration Acceptance Test Plan" or "ATP," and the "Performance Schedule" Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 1 2/14/2007 © Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso Section 2 DEFINITIONS Terms and Conditions In addition to the defined terms above, capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Reconfiguration ATP, the primary purpose of which is to verify that the Licensee's System has been relocated onto Replacement Channels and reconfigured consistently with this Agreement. 2.2. "Benchmark Tests" means the initial tests performed by Motorola on behalf of Licensee to determine the current condition, capability, and functionality of Licensee's System. Depending on the complexity and specific requirements of the reconfiguration efforts, the Benchmark Tests may include testing of some or all of the following: channel capacity, signaling capacity, baud rate and access time, geographic coverage, penetration, redundancy, and other functional and operational capabilities and limitations of Licensee's existing facilities. The precise requirements of the Benchmark Tests is (or by change order will be) described in the Reconfiguration Services Statement of Work. Qualified representatives of Licensee may observe the performance of the Benchmark Tests. 2.3. "Comparable Facilities" means the Licensee's System (including the subscriber radio equipment) having the same operational capabilities that existed before relocation, specifically (1) equivalent channel capacity; (2) equivalent signaling capacity, baud rate, and access time; (3) coextensive geographical coverage; and (4) equivalent operating costs. 2.4. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine - recognizable form, and is marked, designated, labeled or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential or proprietary at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful or negligent act of the receiving party; is already known to the receiving party without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this Agreement, of any other agreement between the Parties or of any applicable protective or similar order, in the receiving party's possession without any obligation restricting disclosure; is independently developed by the receiving party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing party. 2.5. "Contract Price" means the price for the Reconfiguration Implementation Phase Products and Services, excluding any applicable sales or similar taxes, but including freight charges. The Contract Price also excludes the pricing for any Rebanding Radios, Non -Kit Accessories, and Flash Kits which will be invoiced directly to Nextel pursuant to Section 5.2.1.1. 2.6. "Cost Estimate" means the Licensee's certified estimate of costs as provided to Nextel and the TA submitted in conjunction with a request for Relocation Funds to provide Comparable Facilities. 2.7. "Licensee's Final Certification" means the Licensee's final certification to Nextel and the TA certifying that (i) the Acceptance Tests described in the Reconfiguration ATP have been satisfactorily completed, (ii) all necessary reconfiguration work has been satisfactorily completed to provide Licensee with Comparable Facilities, and (iii) Nextel and Licensee have agreed on the sum paid for such relocation of the Licensee's facilities. 2.8. "Customer Suitability Assessment" means the initial assessment services performed by Motorola to determine whether Licensee's System (infrastructure) is suitable for updating using the Motorola Software that has been especially modified for purposes of the 800 MHz band reconfiguration. 2.9. "Effective Date" means that date upon which all Parties have executed this Agreement. Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 2 2/14/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc , or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso 2.10. "Field Services" means the reflashing and installation of a Flash Kit (as defined in Section 3.1.4), firmware, programming, creation of user templates and /or setting of local configurations or other on -site services in accordance with the FCC's 800MHz band plan on Licensee's System. 2.11. "Force Majeure" means a material event, circumstance, or act of a third party (including Nextel or the TA) that is beyond a Party's reasonable control. An act of God, the public enemy, a government entity, or another Party (including another Party's failure to comply with the 800 MHz Rules); strikes or other labor disturbances, general unavailability of necessary materials, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots are examples of a Force Majeure. 2.12. "Infringement Claim" means a third -party claim alleging that the Reconfiguration Implementation Phase Products manufactured by Motorola or any Motorola Software infringes upon the third - party's United States patent or copyright. 2.13. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.14. " Nextel" means Nextel Communications, Inc. and any other affiliate, including Sprint Nextel. 2.15. "Non- Motorola Software" means Software that a party other than Motorola or its affiliated company owns. 2.16. "Non -Kit Accessory" means an accessory that is used for subscriber radios but is not part of the radio kit. 2.17. "Products" means either the hardware, Software, or both, that are provided under this Agreement. 2.18. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know -how, and other intellectual property rights in and to any documents delivered by Motorola under this Agreement or any Motorola Software or equipment. 2.19. " Rebanding Radio" means a Motorola manufactured rebanding subscriber radio product (mobile or portable), including the accessories in the radio kit, that is designed and manufactured specifically for the 800 MHz rebanding initiative and is designated by Motorola with an "RB" model number. 2.20. "Reconfiguration Implementation Phase Products" means those Products to be provided by Motorola under this Agreement. 2.21. "Reconfiguration Implementation Phase Services" means those implementation services to be provided by Motorola under this Agreement. 2.22. "Reconfiguration Implementation Phase Products and Services" means those Reconfiguration Implementation Phase Products and Reconfiguration Implementation Phase Services that Motorola sells under this Agreement. 2.23. "Software" means the Motorola and Non - Motorola Software in object code format that is furnished under this Agreement, including any releases or software kits to reprogram radios. This Agreement does not involve any source code. 2.24. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.25. "System" means the hardware and software products that comprise the Licensee's existing 800 MHz radio communications system. 2.26. "System Acceptance" means the Acceptance Tests have been successfully completed. Reconfiguration Implementation Phase Agreement Revised. 10/23/06 At Page 3 2114/2007 MOrOF7OLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso 2.27. "Trade -In Non -Kit Accessory" means a legacy accessory that is used for a Trade -In Radio but is not part of the radio kit, is owned and has been used by the Licensee, and which will be provided to Motorola as a trade -in in exchange for a Non -Kit Accessory on a one- for -one basis. 2.28. "Trade -In Radio" means a radio (whether manufactured by Motorola or any other manufacturer) that is owned and has been used by.a Customer, and which will be provided to Motorola as a trade -in in exchange for an Rebanding Radio on a one - for -one basis. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. 3.1.1. General. The Parties will perform their respective contractual responsibilities in accordance with this Agreement, including the Technical and Implementation Documents. 3.1.2. Licensee Responsibilities. Licensee is responsible for all activities that are reasonable, necessary and prudent to make the Licensee's System satisfy the Comparable Facilities standard. Licensee has selected Motorola to assist it in accomplishing these activities and has determined that the Reconfiguration Implementation Phase Products and Services are necessary for Licensee's System to satisfy the Comparable Facilities standard. 3.1.2.1. Licensee will designate a project manager who will be Licensee's point of contact person. Licensee will employ reasonable efforts to assist Motorola in providing the Reconfiguration Implementation Phase Services, and will provide reasonable and timely access to Licensee's equipment, facilities, personnel and relevant information. 3.1.2.2. Licensee has contracted with Nextel in a Frequency Reconfiguration Agreement ( "FRA ") which, among other things, contractually obligates Nextel to pay Motorola the Contract Price per the Payment Milestone Schedule (Exhibit A). Licensee will ensure that the FRA provides for direct payment by Nextel to Motorola. Promptly after execution of the FRA, Licensee will provide to Motorola a copy of those portions of the FRA that pertain to Motorola's services, products, pricing and payment, including Attachments C and D to the FRA (redacted if necessary to exclude information not pertaining to Motorola). 3.1.2.3. Licensee has submitted its Cost Estimate to Nextel and the TA, and will provide amended certified Cost Estimate(s) to Nextel and the TA if and when appropriate, including when any change order is requested by either Party. For the limited purpose of assisting Nextel and the TA to evaluate Licensee's Cost Estimate, Motorola authorizes Licensee to and Licensee will provide to Nextel and the TA a copy of this Agreement, including the exhibits and pricing, but such information is and remains Motorola Confidential and Proprietary as provided below in Section 13 (and pursuant to Non - Disclosure Agreements Motorola has with Nextel and the TA). After the successful completion of the Acceptance Tests described in the Reconfiguration ATP, Licensee will perform any other tests necessary for it to verify that its System meets the Comparable Facilities standard; and upon that verification, will submit Licensee's Final Certification to Nextel and the TA. 3.1.2.4. For the limited purpose of assisting Nextel and the TA to verify consistency concerning the rebanding products and services approved in the FRA and the rebanding Products and services ordered by Licensee and provided to Licensee under this Agreement, either Motorola or Licensee may provide to Nextel and the TA records showing the rebanding Products ordered, shipped, delivered, etc. (or a written summary of these records), and the services performed, but such records shall remain the Confidential Information of the applicable Party as determined by Section 13 below and will be protected under any non - disclosure agreements the Party has with Nextel and the TA. 3.1.3. Motorola Responsibilities. Motorola will provide the Reconfiguration Implementation Phase Products, and perform the Reconfiguration Implementation Phase Services, all in accordance with this Agreement. 3.1.4. Reprogramming. (Note: this section is not applicable to every customer system.) Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 4 2/14/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso Motorola and Nextel have entered into an agreement (the "Development Services Agreement ") to modify and test certain Motorola Software for rebanding because some customer systems have equipment that is capable of being reprogrammed rather than being replaced. The Development Services Agreement is confidential, and nothing in this Agreement is intended to reduce or nullify the confidential nature of the Development Services Agreement. As part of the Development Services Agreement and subject to various requirements, limitations and restrictions, Motorola has agreed to offer (for a per unit fee) "Flash Kits" to appropriate customers so that their equipment may be reprogrammed. Concerning infrastructure equipment, Motorola will provide Flash Kits only if Motorola has performed a Customer Suitability Assessment and has determined that the customer's equipment is suitable for reprogramming. Concerning Motorola - manufactured subscriber equipment, Motorola will provide available Flash Kits without a suitability assessment, but Licensee acknowledges that not all Motorola subscriber models are capable of being reprogrammed. Even if a customer's system is of the type and model that is suitable for reprogramming, if Motorola determines that the customer's system is not on the last release of the Motorola Software, reprogramming might be infeasible or may require supplemental services, hardware, cabling, third party licensing fees, or other equipment to migrate the customer's system to the last supported version of the Motorola Software (referred to as "Direct Installation Services "). 3.1.4.1. If the infrastructure equipment in Licensee's System is capable of being reprogrammed, then the Reconfiguration Services Statement of Work should include a Customer Suitability Assessment (unless Motorola performed such assessment during planning). The results of the Customer Suitability Assessment should indicate if Direct Installation Services are needed and, if so, the scope of the Direct Installation Services; and the appropriate number and type of Flash Kits to be ordered from Motorola to match the requirements of Licensee's System and upgrade plan as indicated in the Customer Suitability Assessment; and whether Motorola proposes to perform the Field Services concerning the installation of the Flash Kits. Once the results of the Customer Suitability Assessment are known, these other services may need to be added to the scope of work as described in the Reconfiguration Services Statement of Work by means of a change order to this Agreement. 3.1.4.2. If Licensee (rather than Motorola) performs the inventory of System equipment, it will deliver the written inventory report to Motorola at least two (2) weeks before Motorola is scheduled to perform the Customer Suitability Assessment. Licensee agrees that its inventory report will be accurate and sufficiently detailed so that Motorola may perform the Customer Suitability Assessment. If the inventory report contains inaccurate, erroneous, or incomplete inventory information, Motorola is not liable for an incorrect or incomplete Customer Suitability Assessment; and any reassessment or consequences caused by Licensee's inaccurate, erroneous, or incomplete inventory information will be the responsibility of Licensee. 3.1.4.3. Motorola is not obligated to (and does not intend to) offer, sell or provide to Licensee the Flash Kits for infrastructure equipment if Motorola does not perform the Customer Suitability Assessment and determines that Licensee's System is suitable. If Motorola performs the Customer Suitability Assessment and determines that infrastructure equipment in Licensee's System is suitable, and if Motorola performs the Direct Installation Services, if needed, and if Licensee orders the Flash Kits, then Motorola will offer to perform the Field Services (the scope and price of the Field Services will be addressed by means of a change order). To the extent applicable, Motorola's obligations to sell and provide Flash Kits, Direct Installation Services, and /or Field Services will be expressly described in the Reconfiguration Products List and Reconfiguration Services SOW. if they are not so described, then Section 3.1.4 is not applicable to this transaction. Nothing in this Agreement shall restrict or limit a qualified third party service provider selected by Licensee from performing Field Services, but if a party other than Motorola provides the Field Services, the warranty in Section 8.2.1 is inapplicable. 3.2. CHANGE ORDERS. 3.2.1. General. Either Motorola or Licensee may request changes within the general scope of this Agreement which, if agreed, will be reflected in a written change order. A change order is not effective until it is executed by each of the Parties. The Parties will negotiate in good faith any requested change order. 3.2.2. Reconfiguration Implementation Phase Products and Services. If a requested change causes (or is likely to cause) an increase in the Contract Price: (1) Motorola will provide Licensee with its written estimate of: (a) the scope of the changes to the Products and Services, and (b) the increase in the Contract Price due to the requested Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 5 2/14/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso change, and (2) Licensee will perform its own analysis of the impact of the requested change on the Contract Price and the necessity of the changes to achieve the Comparable Facilities standard, and (3) Licensee will submit to Nextel and the TA its modified Cost Estimate. Licensee will provide to Motorola a copy of any approvals or rejections of change orders by Nextel or the TA. Motorola may include charges for waiting time, down time, or remobilization efforts while Nextel and the TA review and approve change orders (collectively, "Waiting Time ") in its calculation of the increase in the Contract Price, and these charges might be fixed, might be based on a per diem after a specified number of Waiting Time days, or a combination thereof. 3.2.3. Change Orders Not Approved by Nextel and the TA. If the commencement of all or a portion of the work is authorized in writing by Licensee but the change order is: (i) not submitted by Licensee to Nextel and the TA, or (ii) submitted but not approved by Nextel and the TA, then the authorized change in the work and to the Contract Price will automatically convert to a request for additional work to be paid by Licensee with its own funds and the conversion will be without prejudice to Licensee's right to submit or re- submit the change order to Nextel or the TA or to dispute the decision by Nextel or the TA refusing to approve the change order. 3.2.4. Emergency Change Orders. If the subject of a change order involves a Severity Level 1 (Total System Failure) or Severity Level 2 (Critical Failure) problem and if Motorola and Licensee reasonably conclude that remediation efforts must occur before Licensee obtains Nextel and TA approval, then the Parties will follow the change order process to the extent reasonably practical, Motorola will perform the remediation work described in the Emergency Change Order, Licensee will promptly request approval or ratification of the Emergency Change Order by Nextel and the TA, and the provisions of Section 3.2.3 will apply if Nextel or the TA withhold approval. 3.3. MAINTENANCE AND SUPPORT SERVICES. Other than the warranty services described in Section 8, this Agreement does not cover any warranty, maintenance and support services. If Licensee and Motorola wish to address maintenance and support services, they may do so in a separate agreement. 3.4. SOFTWARE. Motorola Software, including subsequent releases and Flash Kits, is licensed to Licensee in accordance with Motorola's applicable standard software license agreement (a copy of which will be provided to Licensee upon request and is incorporated herein by this reference). Non - Motorola Software is licensed to Licensee in accordance with the applicable standard software license agreement of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non - Motorola Software pursuant to the applicable Motorola software license agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under that Motorola software license agreement. Motorola makes no representations or warranties of any kind regarding Non - Motorola Software. Licensee hereby accepts and agrees to abide by all of the terms and restrictions of the applicable software license agreement. 3.5. REBANDING RADIOS AND TRADE -IN RADIOS. Licensee agrees that for each and every Rebanding Radio (and, as applicable, Non -Kit Accessory) that Motorola provides to Licensee under this Agreement (and for each and every upgraded radio that is provided in lieu of a Rebanding Radio by Motorola under any agreement), Licensee shall deliver to Motorola a Trade -In Radio (and, as applicable, Trade -In Non -Kit Accessory) on a one -for- one basis. Licensee will deliver the Trade -In Radios and Trade -In Non -Kit Accessories to Motorola as soon as practical after they are replaced by the Rebanding Radios and Non -Kit Accessories or at a different time mutually agreed by the Parties (but in no event later than fourteen (14) calendar days after System Acceptance as described in Section 7.2 below). Title to the Trade -In Radios and Trade -In Non -Kit Accessories shall pass from Licensee to Motorola upon delivery. Licensee acknowledges that Motorola intends to temporarily store the Trade -In Radios and Trade -In Non -Kit Accessories for inspection and inventory by Motorola and Nextel and will destroy them thereafter. Licensee shall be responsible to comply with its asset disposition policies and requirements concerning the Trade -In Radios and Trade -In Non -Kit Accessories. 3.5.1. Licensee's Failure to Deliver Trade -In Radios and /or Trade -In Non -Kit Accessories. If for any reason the number of Rebanding Radios (or upgraded radios) and /or the number of Non -Kit Accessories delivered by Motorola to Licensee exceeds the number of Trade -In Radios and /or the number of Trade -In Non -Kit Accessories delivered by Licensee to Motorola (the "Unmatched Equipment "), then Motorola will notify Licensee of this deficiency and License will at its expense immediately return to Motorola the Unmatched Equipment in new condition. If Licensee fails to return the Unmatched Equipment to Motorola, then Motorola may charge Licensee for retaining the Reconfiguration Implementation Phase Agreement Revised. 10/23/06 Page 6 2/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso Unmatched Equipment and the unit price will be the full list price of the most similar non - rebanding Motorola radio and/or Non -Kit Accessory (or such lesser price as Motorola in its sole discretion may determine). Alternatively, Motorola may resort to any other available legal or equitable remedy, including specific performance. Licensee acknowledges that Nextel is not responsible to pay for Unmatched Equipment and Licensee agrees to pay Motorola for the Unmatched Equipment. If Licensee returns the Unmatched Equipment to Motorola but it is not in new condition, then Motorola may charge Licensee for the returned used Unmatched Equipment in an amount equal to the diminished value from new condition and Licensee agrees to pay this amount. Section 4 PERFORMANCE SCHEDULE 4.1. SCHEDULE. The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Licensee represents that it has obtained all necessary approvals (including Nextel, the TA, and if necessary its legislative or governing authority) and authorizes Motorola to proceed with performance of this Agreement. 4.2. DELAYS. No Party will be liable for its non - performance or delayed performance if caused by a Force Majeure. A Party will notify the other Party if it becomes aware of a Force Majeure that will significantly delay performance. The notifying Party will give the notice promptly after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. If Licensee (including its other contractors), Nextel or the TA delays the Performance Schedule, the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. 5.1.1. Contract Price. The Contract Price in U.S. dollars is $138,792.00. Motorola has priced the Reconfiguration Implementation Phase Products and Services as an integrated solution; a reduction in Product quantities or in services may affect the overall Contract Price. Licensee represents that (1) its Cost Estimate is sufficient to cover the Contract Price and any applicable sales or similar taxes; and (2) Nextel and the TA have reviewed and approved Licensee's Cost Estimate. 5.1.2. Payment from Nextel; Licensee Not Liable for Contract Price Payment of the Contract Price (and any applicable taxes) is to come from Nextel and not Licensee. If Nextel fails to pay Motorola, Licensee shall not be liable to pay Motorola the Contract Price or applicable taxes. Notwithstanding the above, if Nextel pays the Contract Price (and any applicable taxes) to Licensee rather than to Motorola, Licensee will immediately forward the payment to Motorola. Motorola agrees to accept direct payments from Nextel if Nextel clearly identifies the applicable Motorola invoice; Motorola further agrees to apply these direct payments from Nextel to the Contract Price. 5.1.3. Motorola's Protections Concerning Payment by Nextel If requested by Motorola, Licensee will execute necessary documents and take all such actions that are reasonable or necessary to promote the prompt payment by Nextel to Motorola. 5.2. INVOICING AND PAYMENT. 5.2.1. Invoicing. Motorola wi II submit correct invoices to Licensee, with a copy to Nextel, in accordance with the pre- approved payment milestones set forth in Exhibit B. Licensee's contact person and address for invoice Purposes is: Larry White, 452 South Main Owasso OK 74055. Licensee may change this contact person or address by written notice to Motorola. Upon receipt of an invoice, Licensee will promptly (but in no event longer than seven (7) calendar days) inspect the invoice, verify whether it correctly states the payment milestone, and notify Nextel in writing (via facsimile or priority overnight carrier) that Licensee approves the invoice and accepts the milestone (the Reconfiguration Implementation Phase Agreement Revised. 10123/06 MOTOROLA Page 7 2/14/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso "Approval Notification "). Licensee will attach a copy of the invoice to the Approval Notification. When Licensee sends to Nextel the Approval Notification, Licensee will concurrently provide to Motorola's project manager a copy of the Approval Notification so that Motorola may know approximately when Nextel receives it. If for any reason Licensee disapproves the invoice, Licensee �N III promptly give written notice to both Motorola and Nextel; the disapproval notice will explain the reasons for Licensee's disapproval. Motorola will promptly correct any inaccurate invoice that Licensee disapproves, and resubmit the corrected invoice using the same process as described above in this paragraph. 5.2.1.1. Notwithstanding the provisions in Section 5.2.1 above, Motorola may choose to provide to Licensee only a bill of lading for Rebanding Radios, Non -Kit Accessories, and Flash Kits, and provide the applicable invoice directly to Nextel; or Motorola may provide to Licensee an invoice at the typical sales prices /values for these products or at zero dollars ($0) with a notation that reflects the fact that Nextel has paid (or will pay) for these products directly to Motorola. If Motorola presents to Licensee a bill of lading or an invoice as permitted by this Section 5.2.1.1, Licensee will follow the Approval Notification process as described above but may assume the invoice amount is correct (and has no liability for incorrect invoices). 5.2.2. Direct Payment. Unless otherwise agreed between Nextel and Motorola, payment to Motorola for approved invoices is due thirty (30) days from the date Nextel receives the Approval Notification from Licensee. Motorola's Federal Tax Identification Number is 36- 1115800. 5.2.3. Mutual Cooperation. The Parties will cooperate with each other and provide to each other, and to Nextel and the TA, such information (other than Confidential Information, which is governed by Section 9.1) as is reasonable or necessary to facilitate the prompt payment of the Contract Price to Motorola. 5.2.4. Audit of Licensee's Records. The Order provides that after the reconfiguration work is completed, the TA will perform an audit of Licensee's records and "true up" procedure, whereby the reconfiguration work actually performed will be examined relative to the reconfiguration work described in Licensee's Cost Estimate, and any payment adjustments will be calculated and made. During this true up procedure, Motorola and Licensee will work together in good faith and will act reasonably in order for Licensee to accurately account for the invoices from and payments to Motorola. If necessary, the Parties will execute a change order to conform the scope of the actual reconfigured work performed to the scope of the contracted reconfigured work; this change order will be submitted for approval and may result in an increase or decrease to the Contract Price. Nothing in this Agreement grants Nextel, the TA, the FCC, any part of the U.S. federal government, or Licensee the right to audit Motorola's records concerning this Agreement or any other matter. 5.3. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will prepay and add all freight charges to the invoices. Title to the Products, excluding Software, will pass to Licensee upon shipment. Software is governed by the applicable software license agreement. Risk of loss to Products will pass to Licensee upon delivery. Motorola will pack and ship all Products in accordance with good commercial practices. Section 6 SITES AND SITE CONDITIONS (To the extent applicable.) 6.1. ACCESS TO SITES. Licensee will provide any necessary construction and building permits, zoning variances, licenses, and any other approvals related to Licensee's property and equipment that are necessary to develop or use the sites or equipment; and access to the Licensee's work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Reconfiguration Services Statement of Work. 6.2. SITE CONDITIONS. Licensee will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable OSHA and industry standards. To the extent applicable, Licensee will ensure that these work sites have adequate physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Products or performing services at a Licensee work site, Motorola will inspect the work site and advise Licensee of any apparent deficiencies or non - conformities with the requirements of this Section. This Agreement is Reconfiguration Implementation Phase Agreement Revised. 10/23/06 Page 8 2/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or As designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will address the issue by a change order. Section 7 SYSTEM ACCEPTANCE 7.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Licensee at least five (5) days notice before the Acceptance Tests commence. Acceptance testing will occur only in accordance with the Reconfiguration ATP. 7.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, Licensee and Motorola will memorialize this event by promptly executing the System Acceptance Certificate. If Licensee reasonably believes that the completed Acceptance Tests have failed, Licensee will provide to Motorola a written notice that includes the specific details of the failure. If Licensee does not provide to Motorola the notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance, but will be corrected according to a mutually agreed punch list schedule. 7.3. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance and when all Motorola deliverables have been delivered and all Motorola work as described in this Agreement has been completed. When Final Project Acceptance occurs, Licensee and Motorola will promptly memorialize this final event by so indicating in the appropriate place on the System Acceptance Certificate. 7.4. COPIES TO NEXTEL AND THE TRANSITION ADMINISTRATOR. Licensee will provide to both Nextel and the TA a copy of all executed System Acceptance Certificates. Section 8 REPRESENTATIONS AND WARRANTIES 8.1. EQUIPMENT AND PARTS WARRANTY. 8.1.1. Equipment. For one (1) year from the date of shipment to Licensee, Motorola warrants that newly manufactured equipment it provides under this Agreement will be free from material defects in materials and workmanship under normal use and service. This Agreement does not create or extend any warranties concerning equipment that was part of the System and was already in service at the Effective Date. 8.1.2. Parts. For ninety (90) days from the date of shipment to Licensee, Motorola warrants that component parts and boards that it provides under this Agreement will be free from material defects in materials and workmanship under normal use and service. 8.2. MOTOROLA SOFTWARE WARRANTY. 8.2.1. Standard Software Warranty in Newly Manufactured Equipment For one (1) year from the date of shipment to Licensee, Motorola warrants the unmodified Motorola Software installed or embedded in newly manufactured equipment and delivered under this Agreement, when used properly and in accordance with the product documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Motorola Software. Whether a defect occurs will be determined solely with reference to the published product documentation. Except as provided in Section 8.2.2, this Agreement does not create or extend any warranties concerning Software that was part of the System and was already in service at the Effective Date. Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 9 2/14/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso 8.2.2. Special Motorola Software Warranty. This special Motorola Software warranty applies only to (i) Flash Kits for subscriber radios if Motorola receives Licensee's order for the appropriate number and type of Flash Kits and performs the Field Services concerning the subscriber radios; and to (ii) Flash Kits for infrastructure Equipment if Motorola performs the Customer Suitability Assessment, determines in writing that Licensee's System is suitable, performs the Direct Installation Services, if needed, receives Licensee's order for the appropriate number and type of Flash Kits, and performs the Field Services concerning the infrastructure equipment. THE MOTOROLA SOFTWARE THAT IS MODIFIED UNDER THE DEVELOPMENT SERVICES AGREEMENT (EXCLUDING SPECIAL FEATURES AND OTHER SOFTWARE THAT IS OUTSIDE THE SCOPE OF THE DEVELOPMENT SERVICES AGREEMENT), WHEN INSTALLED BY MOTOROLA, WILL PERFORM IN ALL MATERIAL RESPECTS AND WILL INCLUDE MATERIALLY ALL FEATURES AND FUNCTIONALITY AS THE LAST MOTOROLA - SUPPORTED VERSION OF MOTOROLA SOFTWARE IN THE SYSTEM AND SUBSCRIBER EQUIPMENT WHICH IS BEING UPDATED AND /OR REPLACED. TO FURTHER AND SPECIFICALLY CLARIFY, MOTOROLA IS MAKING CHANGES, UPDATES AND MODIFICATIONS TO THE LAST MOTOROLA - SUPPORTED VERSION OF THE MOTOROLA SOFTWARE, AND IT IS THOSE CHANGES (REBANDING CHANGES) THAT MOTOROLA WARRANTS WILL RESULT IN MATERIALLY THE SAME FEATURES AND FUNCTIONALITY VERSUS THE LAST MOTOROLA - SUPPORTED VERSION OF THE MOTOROLA SOFTWARE. THE PARTIES MUTUALLY UNDERSTAND THAT MOTOROLA IS NOT PROVIDING A WARRANTY FOR ANY CHANGES OR LOSS IN FEATURES AND FUNCTIONALITY ( "GETTING TO THE BASELINE LAST RELEASE ") THAT MIGHT RESULT FROM FIRST HAVING TO UPGRADE ANY EXISTING LEGACY SYSTEM OR EQUIPMENT TO THE LAST MOTOROLA - SUPPORTED VERSION OF THE MOTOROLA SOFTWARE (PRIOR TO MAKING THE REBANDING MODIFICATIONS THAT ARE THE SUBJECT OF THE DEVELOPMENT SERVICES AGREEMENT). LICENSEE WILL HAVE NINETY (90) DAYS FROM SYSTEM ACCEPTANCE OR BENEFICIAL USE OF THE MOTOROLA SOFTWARE, WHICHEVER OCCURS FIRST, TO NOTIFY MOTOROLA IN WRITING OF A SOFTWARE WARRANTY CLAIM AS PROVIDED IN THE PRECEDING TWO SENTENCES. AFTER RECEIPT OF THE NOTICE, MOTOROLA WILL MAKE A GOOD FAITH INVESTIGATION OF THE WARRANTY CLAIM; AND IF THIS INVESTIGATION CONFIRMS A VALID WARRANTY CLAIM, MOTOROLA WILL (AT ITS OPTION AND AS ITS SOLE OBLIGATION AND THE CUSTOMER'S EXCLUSIVE REMEDY) EITHER: (1) CORRECT THE SOFTWARE DEFECT WITHOUT FURTHER CHARGE TO NEXTEL OR LICENSEE; (2) ACCEPT A RETURN OF THE EQUIPMENT THAT CONTAINS THE DEFECTIVE SOFTWARE AND OFFER TO EXCHANGE AN EQUIVALENT PRODUCT PURSUANT TO THIS AGREEMENT AND PROVIDE A CREDIT AGAINST THE PURCHASE PRICE IN THE AMOUNT EQUAL TO THE DIMINUTION IN VALUE OF THE EQUIPMENT CONTAINING THE DEFECTIVE SOFTWARE; OR (3) PAY TO LICENSEE AN AMOUNT EQUAL TO THE DIMINUTION IN VALUE OF THE EQUIPMENT CONTAINING THE DEFECTIVE SOFTWARE. THIS ACTION WILL BE THE FULL EXTENT OF MOTOROLA'S LIABILITY FOR THIS SOFTWARE DEFECT WARRANTY CLAIM. IF MOTOROLA'S INVESTIGATION OF LICENSEE'S WARRANTY CLAIM INDICATES THE CLAIM IS INVALID, MOTOROLA WILL BE ENTITLED TO CHARGE LICENSEE FOR RESPONDING TO THE CLAIM ON A TIME AND MATERIALS BASIS USING MOTOROLA'S THEN APPLICABLE RATES. 8.2.3. Flash Kit Medium Warranty. For 120 days from the date of shipment to Licensee, Motorola warrants that the Flash Kit medium (i.e., the disks and/or dongles) that it provides under this Agreement will be in usable condition. To assert a warranty claim under this Section 8.2.3, Licensee must notify Motorola in writing of the claim before the expiration of the warranty period. Upon receipt of this notice, Motorola will provide one replacement Flash Kit medium to Customer as its sole and exclusive remedy for a breach of this Flash Kit Medium warranty. 8.3. RECONFIGURATION SERVICES WARRANTY. Motorola is not providing any new or additional warranties or extensions concerning Licensee -owned equipment or previously installed Software that is modified by the Reconfiguration Implementation Phase Services (except as provided in Section 8.2.2, if applicable). However, if Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 10 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso that equipment or Software is covered under a written warranty or a maintenance contract between Licensee and Motorola that was entered into prior to the Effective Date, this Agreement does not adversely affect those pre- existing rights of Licensee. For thirty (30) days from the date of System Acceptance, Motorola warrants that the Reconfiguration Implementation Phase Services were performed in a good and workmanlike manner. THIS RECONFIGURATION SERVICES WARRANTY DOES NOT COVER ANY SERVICES OR DUTIES PERFORMED OR OWED BY NEXTEL, LICENSEE, OR ANY OTHER CONTRACTOR HIRED BY THEM. MOTOROLA DOES NOT WARRANT THAT LICENSEE'S SYSTEM WILL BE COMPARABLE FACILITIES AFTER THE RECONFIGURATION WORK IS COMPLETED. IF LICENSEE BELIEVES ITS SYSTEM DOES NOT ACHIEVE COMPARABLE FACILITIES STATUS AFTER THE RECONFIGURATION WORK IS COMPLETED, IT MAY REQUEST FURTHER CHANGE ORDERS TO ACHIEVE COMPARABLE FACILITIES, THE CONTRACT PRICE WILL BE INCREASED ACCORDINGLY, AND ANY DISPUTE IN THIS MATTER WILL BE SUBMITTED TO THE TRANSITION ADMINISTRATOR FOR NON - BINDING MEDIATION AND RESOLUTION. 8.4. EXCLUSIONS TO EXPRESS WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from use of the Products in other than their normal, customary, and authorized manner; misuse, accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; or Licensee's failure to comply with all applicable industry and OSHA standards; (ii) interoperability of Reconfigured Products with other subsystems (e.g., a CAD); (iii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iv) batteries or other consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 8.5. WARRANTY CLAIMS. To assert a warranty claim (other than concerning Section 8.2.2 or 8.2.3), Licensee must notify Motorola in writing of the claim before the date which is thirty (30) calendar days after the expiration of the warranty period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Licensee) repair the defective Product (or part), replace it with the same or equivalent Product (or part), or re- perform the Reconfiguration Services. This action will be the full extent of Motorola's liability hereunder and constitutes Licensee's sole remedy. If this investigation indicates the warranty claim is invalid or "out of scope," then Motorola may invoice Licensee for responding to the claim on a time and materials basis using Motorola's then current labor rates and for any new or replacement Products (or part) delivered to Licensee. Notwithstanding any reimbursement claim Licensee may have against the Relocation Funds, Licensee will pay the invoice within thirty (30) days from are warranted for the balance of the original applicable the invoice date. Repaired or replaced Product and pa warranty period. All replaced Products or parts will become the property of Motorola. 8.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original end user and are not assignable or transferable. 8.7. POTENTIAL DAMAGE TO EXISTING EQUIPMENT. Licensee acknowledges that Motorola, Licensee's employees, or others might cause damage to equipment that is part of Licensee's System when performing the Reconfiguration Services, and that such damage may occur in the absence of negligence by any party. Motorola is not responsible for damage to equipment unless it is caused by Motorola's negligence or intentional wrongdoing, in which case Motorola at its option will repair or replace the damaged equipment or refund its fait- market value. Before Licensee asserts a damage claim against Motorola under this section, it will first investigate the cause of the damage and the investigation must result in adequate proof that Motorola's negligence or intentional wrongdoing caused the damage. This provision does not diminish any rights Licensee might have under any pre- existing Motorola warranty or maintenance agreement. 8.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS, EQUIPMENT, MOTOROLA SOFTWARE, AND RECONFIGURATION SERVICES PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE FOREGOING EXPRESS WARRANTIES, THE PRODUCTS, Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 11 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso EQUIPMENT, MOTOROLA SOFTWARE, AND RECONFIGURATION SERVICES ARE PROVIDED "AS IS" AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTOROLA DOES NOT WARRANT THAT LICENSEE'S USE OF THE MOTOROLA SOFTWARE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR -FREE OR THAT THE SOFTWARE OR THE PRODUCTS WILL MEET LICENSEE'S PARTICULAR REQUIREMENTS. MOTOROLA MAKES NO WARRANTIES CONCERNING NON - MOTOROLA SOFTWARE. LICENSEE IS RESPONSIBLE FOR, AND MOTOROLA MAKES NO WARRANTY CONCERNING, THE BACK -UP AND DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPMENT, OR DATA ENTRY AND LOADING. MOTOROLA DOES NOT WARRANT THAT THE SYSTEM OR EQUIPMENT OR SOFTWARE IN THE SYSTEM THAT IS MODIFIED BY THE RECONFIGURATION SERVICES, OR ANY NEWLY PROVIDED EQUIPMENT OR SOFTWARE, WILL SATISFY THE COMPARABLE FACILITIES STANDARD; THAT DETERMINATION IS FOR LICENSEE TO MAKE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Section 9 DISPUTES 9.1. SETTLEMENT PREFERRED. Except as otherwise required by the Order (e.g., Cost Estimate disputes) and except for a claim relating to intellectual property or breach of confidentiality provisions, the Parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement through consultation and good faith negotiation. The dispute will be escalated to appropriate higher level managers of the Parties, if necessary. If cooperative efforts fail, the dispute will be mediated by a mediator chosen by the Parties within thirty (30) days after notice by one of the Parties demanding non - binding mediation. The Parties will not unreasonably withhold their consent to the selection of a mediator and will share the cost of the mediation equally; may postpone mediation until they have completed some specified but limited discovery about the dispute; and may replace mediation with another form of non - binding alternative dispute resolution ( "ADR" ). 9.2. LITIGATION. A Party may submit to a court of competent jurisdiction in the state in which the System is installed any claim relating to intellectual property or a breach of confidentiality provisions and any dispute that cannot be resolved between the Parties through negotiation or mediation within two (2) months after the date of the initial demand for non - binding mediation. Each Party consents to jurisdiction over it by that court. The use of ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two -month ADR period if good faith efforts to resolve the dispute under these procedures have been unsuccessful; or interim relief from the court is necessary to prevent serious and irreparable injury to the Party. Section 10 DEFAULT AND TERMINATION If a Party fails to perform a material obligation under this Agreement, the other Party to whom performance is due may consider the non - performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non - performing Party a written and detailed notice of default. The defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, to provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the cure plan. If Licensee is the defaulting Party, Motorola may stop work on the project until it approves the cure plan or receives payment. If a defaulting Party fails to care the default, unless otherwise agreed in writing, the non - defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non - defaulting Parties any of its Confidential Information. Non - defaulting Parties will mitigate damages. Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 12 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency riot directly associated with the addressee without the express written consent of Motorola, Inc , or its designees. 800 MHz Rebanding Project City of Owasso Section 11 INDEMNIFICATION Terms and Conditions 11.1. INDEMNITY BY MOTOROLA. Motorola will defend at its expense and hold harmless Licensee against any claim, suit, demand, or cause of action brought by a third party against Licensee that is based on or to the extent it is caused by the negligence or willful misconduct of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, and which results in personal injury, death, or direct damage to tangible property ( "Motorola Claim "). Motorola will indemnify Licensee from any liability, judgment, awards and damages resulting from a final award that arises from a Motorola Claim and pay all losses, expenses or direct damages incurred by Licensee associated with the Motorola Claim. The foregoing indemnity is conditioned on (i) Licensee giving Motorola prompt, written notice of any Motorola Claim, and providing to Motorola cooperation (and, if requested, reasonable assistance) in the defense of the Motorola Claim; and (ii) Motorola having sole control in the defense of the Motorola Claim and all negotiations for its settlement or compromise. Motorola will have no indemnity liability for the negligence or fault of Licensee, its other contractors, Nextel, or the TA, or any of their employees, agents or representatives. This section states the full extent of Motorola's general indemnification from liabilities that are in any way related to Motorola's performance under this Agreement. 11.2. JOINT LIABILITY. If a third party asserts a claim against both Parties, each Party will defend itself and will pay the claim to the extent of its percentage liability. For example, if the Parties have equal liability for the claim, they each will pay one -half of the amount plus their own defense costs. 11.3. PATENT AND COPYRIGHT INFRINGEMENT. 11.3.1. Motorola will defend at its expense any suit brought against Licensee to the extent that it is based on an Infringement Claim, and Motorola will indemnify Licensee for those costs and damages finally awarded against Licensee for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon: Licensee promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; Licensee providing to Motorola cooperation and, if requested, reasonable assistance in the defense of the Infringement Claim. 1 l .3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense procure for Licensee the right to continue using the Products, replace or modify them so that they become non - infringing while providing functionally equivalent performance, or grant Licensee a credit for the Products as depreciated and accept their return. 11.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon the combination of the Products with any software, apparatus or device not furnished by Motorola; the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Products; any Product that is not Motorola's design or formula; a modification of the Motorola Software by a party other than Motorola; the failure by Licensee to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement, or, to the extent that the Infringement Claim could have been avoided or losses diminished if Licensee implemented Motorola's new Products as part of the reconfiguration rather than modifying existing or used products. This section states the entire liability of Motorola for infringement of patents and copyrights by the Products or any parts thereof. Section 12 LIMITATION OF LIABILITY Licensee acknowledges that the limitations set forth in this Section are integral to the prices being charged by Motorola under this Agreement, and that if Motorola assumed further liability other than as set forth in this Section 12, the prices would of necessity be set substantially higher. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this Agreement. Except for personal injury or death caused by newly manufactured Motorola Products, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, contribution, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the Contract Price. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 13 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc , or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso THEY AGREE THAT MOTOROLA (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL., REVENUES, PROFITS, OPPORTUNITIES OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. ALL CLAIMS BY A PARTY AGAINST ANOTHER PARTY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES EXCEPT FOR MONEY DUE UPON AN OPEN ACCOUNT. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those states. However, the Parties intend for this Section 12 to apply to the maximum extent allowed under applicable law. Section 13 CONFIDENTIALITY AND PROPRIETARY RIGHTS 13.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide each other with Confidential Information. Any inventory report or Customer Suitability Assessment concerning Licensee's System that Motorola prepares for and delivers to Licensee shall be the Confidential Information of Licensee unless otherwise agreed by the Parties in writing. Any other document concerning the reconfiguration of Licensee's System that Motorola prepares for and delivers to Licensee under this Agreement (collectively, "Documentary Deliverable ") shall be the Confidential Information of Motorola unless otherwise agreed by the Parties in writing, 13.1. 1. Non - Disclosure. Subject to applicable public records laws, each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who have access to it that it is confidential and not to be disclosed to others, but those precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care. The confidentiality restrictions and obligations contained herein shall be in addition to any confidentiality restrictions or obligations contained in any other agreement (whether prior to, contemporaneous or subsequent to the date of this Agreement) between Motorola on the one hand and the TA, Nextel or Licensee on the other hand, as well any protective order or confidentiality restrictions or rules issued by the FCC or the TA. 13.1.2. Use. Unless otherwise provided in this Agreement, a Party may use the Confidential Information of the other Party only in furtherance of the performance of this Agreement or any other agreement between the Parties. Notwithstanding the preceding sentence, Motorola may use the information in any inventory report or Customer Suitability Assessment for its own business purposes or to assist Licensee or its other contractors or consultants in the overall effort to plan and reconfigure Licensee's System. Except for a Documentary Deliverable, Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is hereby given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement or any other agreement between the Parties. 13.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the owner of any Non- Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software. Nothing in this Agreement is intended to restrict the Proprietary Rights of Motorola, any owner of Non - Motorola Software, or any third party manufacturer of Equipment. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Licensee the Products or services remain vested exclusively in Motorola, and this Agreement does not grant to Licensee (or Nextel) any shared development rights of intellectual property. Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 14 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Terms and Conditions City of Owasso Except as explicitly provided in the applicable Software License Agreement, Motorola does not grant to Licensee (or Nextel), either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Licensee (and Nextel) will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence will not apply to Open Source Software, if any, which is governed by the standard license of the copyright owner. Section 14 GENERAL 14.1. TAXES. The Contract Price does not include any amount for taxes, assessments or duties, all of which will be paid by Nextel except as exempt by law. 14.2. ASSIGNABILITY AND SUBCONTRACTING. No Party may assign this Agreement without the prior written consent of the other Party. Motorola may subcontract any portion of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 14.3 WAIVER. Failure or delay by a Party to exercise any right or power under this Agreement will not operate as a waiver of the right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 14.4. SEVERABILITY. If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. 14.5. INDEPENDENT CONTRACTORS. Each Party is an independent contractor with respect to the other, and a Party and its personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement grants a Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organization of any kind. 14.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement is an arm's length transaction and will be fairly interpreted in accordance with its terms and conditions and not for or against a Party. 14.7. GOVERNING LAW. This Agreement and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State in which the System is installed. 14.8. ENTIRE AGREEMENT. This Agreement, including all Exhibits and the applicable Software License Agreement, constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to that subject matter (but not any other product sales, software license, or maintenance and support agreements). This Agreement may be amended or modified only by a written instrument signed by authorized representatives of the Parties. The preprinted terms and conditions found on any Licensee purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs the document. 14.9. NOTICES. Notices required to be given by a Party to the others must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Reconfiguration Implementation Phase Agreement Revised. 10/23/06 Page 15 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso Motorola Licensee Attn: Attn: Terms and Conditions 14.10. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Licensee will obtain and comply with all FCC licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. 14.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents to the other that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 14.12. VOLUNTARY AGREEMENT. Each Party represents and warrants that it is fully aware of the terms contained in this Agreement and has voluntarily entered into this Agreement, having had a full and fair opportunity to seek the advice of counsel and other professionals or consultants as its considers necessary. 14.13. NO LIENS. Motorola agrees not to lien Licensee's System to secure payment of the Contract Price. 14.14. SURVIVAL OF TERMS. The following provisions survive the expiration or termination of this Agreement for any reason: Section 3.4 (Software); Section 3.5 (Rebanding Radios and Trade -In Radios); if any payment obligations exist, Section 5 (Contract Price, Payment and Invoicing); to the extent applicable, Section 8 (Representations and Warranties); Section 9 (Disputes); Section 1l (Indemnity); Section 12 (Limitation of Liability); and Section 13 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 14. The Parties hereby enter into this Agreement as of the Effective Date. Licensee Motorola By: Name: Title: Date: Nextel Assigned Deal Number: By: Name: Title: Date: Reconfiguration Implementation Phase Agreement Revised. 10/23/06 Page 16 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc , or its designees 800 MHz Rebanding Project City of Owasso Exhibit A Pa.N meat Milestone Schedule Exhibit A Payment Milestone Schedule Depending on the Contract Price set forth in Section 5.1.1, the following payment milestones apply: 1. Contract Price < $300,000 Mobilization (i.e., contract execution) 50% Motorola SOW Complete /System Acceptance 50% 2. Contract Price $300,000 to $1,000,000 Mobilization (i.e., contract execution) 35% Complete Programming & Installation of Subscriber Equipment 45% Motorola SOW Complete /System Acceptance 20% 3. Contract Price > $1,000,000 Mobilization (i.e., contract execution) 35% Shipment of Subscriber Equipment 20% Complete Programming & Installation of Subscriber Equipment 15% Complete Rebanding Infrastructure /Final Cutover 15% Motorola SOW Complete /System Acceptance 15% Reconfiguration Implementation Phase Agreement Revised. 10/23/06 MOTOROLA Page 17 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc.. or its designees. 800 MHz Rebanding Project City of Owasso Exhibit B System Acceptance Certificate Licensee Name: Larry White; Citv of Owasso Project Name: City of Owasso Exhibit B System Acceptance Certificate This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Licensee acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. Licensee Representative: Signature:_ Print Name: Title: Date: Motorola Representative: Signature: _ Print Name: Title: Date: FINAL PROJECT ACCEPTANCE: Motorola has provided and Licensee has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Licensee Representative: Signature: _ Print Name: Title: Date: Motorola Representative: Signature: _ Print Name: Title: Date: Reconfiguration Implementation Phase Agreement Revised. 10/23/06 Page 18 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. PLANNING PHASE DELIVERABLES AND RECONFIGURATION PROPOSAL TABLE OF CONTENTS Exhibit C - Statement of Work 1.0 Introduction — Frequency Reconfiguration Agreement 2.0 System Description 3.0 Intermodulation Study 4.0 System Inventory and Suitability Assessment 5.0 Interoperability 6.0 Implementation Plan for System Reconfiguration 7.0 Project Management 8.0 Local Service Support 9.0 Notification and Conditions for Work 10.0 Licensing 11.0 Risks 12.0 City of Owasso Acceptance 13.0 Flashkit Detail 14.0 Software and Equipment List 15.0 Reconfiguration Services Pricing 16.0 Contingency Funds and Travel Detail MOTOl40LA Zi I �i2007 Motorola Proprietary and Confidential U�rsn. technical and pricing information contained in this offering is considered proprietary and may not be shared with and person or agency oot directly associated with the addresser , ithoot the express written consent of Motorola, Inc., or its designees. PLANNING PHASE DELIVERABLES AND RECONFIGURATION PROPOSAL TABLE OF CONTENTS Attachments Attachment A Intermodulation Analysis Attachment B Suitability Assessment Impact Report Attachment C Functional Acceptance Test Plan (ATP) Attachment D RF Performance Verification Plan Attachment E Cutover and Fallback Plan Attachment F Project Schedule © MOTOROLA 2/15/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and tnay not be shared with any person or agency not directly associated kith the addressee \%ithout the express written consent of Motorola, Inc.. of its designees. 800 MHz Rebanding Project Exhibit C City of Owasso Statement of Work 1.0 INTRODUCTION — FREQUENCY RECONFIGURATION AGREEMENT This document provides the deliverables as described in the Reconfiguration Planning Statement of Work as well as the proposal to reconfigure the City of Owasso radio communications system. 2.0 SYSTEM DESCRIPTION The City of Owasso operates a 5 channel Single Site SmartNet II Start Site system. There are 130 portable radios, 123 mobile radios, and 6 Control Stations affiliated with the system. The City of Owasso has one dispatch centers. The dispatch center on South Main Street has two operator positions and one supervisor position. The transmitter site uses one transmit and one receive antenna. There is one transmit combiner and one tower -top amplifier / receive multi - coupler. ASSUMPTIONS This quotation to provide rebanding services to the City of Owasso is based upon information supplied by the City of Owasso or those authorized to act on its behalf. Motorola deems this information credible, accurate and current. Any missing information should be provided to Motorola as soon as possible. Any unconfirmed information should be validated as soon as possible. Inaccurate information could alter or modify the terms of this quotation. FIXED NETWORK EQUIPMENT (FNE) Compliance to FCC rebanding guidelines at this site will be accomplished in the following manner: Owasso City Tower TRUNKING CENTRAL CONTROLLER Motorola will apply its new Rebanding software to the City of Owasso's Trunking Central Controller. Motorola will modify the Trunking Central Controller located at the Prime Equipment Site by replacing code plugs to include the rebanding replacement channels. MANAGEMENT TERMINALS This system is managed by Genesis GenWatch XL Ver. 5.1.122 that requires the latest upgrade for Rebanding purposes. TRANSCEIVERS MTR 2000 Base Station (1 of 5) — The frequency in this station will be changed from 866.4375 to 851.4375 by retuning the station using station software. MTR 2000 Base Station (2 of 5) — The frequency in this station will be changed from 866.9625 to 851.9625 by retuning the station using station software. MOTOROLA Page 1 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Exhibit C City of Owasso Statement of Work MTR 2000 Base Station (3 of 5) — The frequency in this station will be changed from 867.8875 to 852.8875 by retuning the station using station software. MTR 2000 Base Station (4 of 5) —The frequency in this station will be changed from 868.3875 to 8553.3875 by retuning the station using station software. MTR 2000 Base Station (5 of 5) — The frequency in this station will be changed from 868.8875 to 853.8875 by retuning the station using station software. ANTENNAS Decibel Products Model # DB809 Omni directional Transmit Antennas- Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to these antennas. Decibel Products Model # DB809 Omni directional Receive Antenna - Motorola has determined that the electrical characteristics of this device are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to this antenna. COMBINER TX/RX Combiner - Motorola will retune channels 1 through 5 to the new frequencies in one transmit combiner. This Combiner will require cable replacement prior to Rebanding. MULTICOUPLER TX/RX Model #42-97641-10 Motorola has determined that the electrical characteristics of this device are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to this multi- coupler. SUBSCRIBERS Motorola has carefully analyzed the subscriber inventory data. The subscriber inventory collection process consisted of recording the model type (family), model number and total quantity of each subscriber disclosed to Motorola. The Suitability Assessment results dictate the following: QUANTITY DESCRIPTION ACTION REPLACEMENT UNIT 117 LCS2000 Mobiles 4 XTL5000 Mobiles 105 LTS2000 Portables 1 MTS2000 Portables 4 XTL 1500 Mobiles 12 XTS2500 Portables 1 XTS5000 Portables 11 XTL2500 Mobiles Replace XTL250ORB Retune Replace XTS250ORB Retune Retune Retune Retune Retune MOTOROLA Page 2 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Exhibit C City of Owasso Statement of Work Motorola will also apply its new Rebanding software to the subscribers that will be retuned. Motorola will provide standard accessory packages for all replacement units listed above, including antennas. The portable package will include a battery, single unit charger and belt clip. Additional accessories will be provided as outlined above. Motorola understands that the City of Owasso will negotiate directly with Sprint - Nextel for any Accessory items stocked by the City of Owasso and its representatives used to maintain the single site trunking network and mobile fleet. Therefore, these items have not been included as part of this proposal. IMPACT ON FREQUENCIES Trunked Frequencies The following frequencies were provided by the City of Owasso and are the existing trunked frequencies (to be retuned): 868.4375/821.4375 MHz 866.9625/821.9625 MHz 867.8875/822.8875 MHz 868.3875/823.3875 MHz 868.8875/823.8875 MHz The City of Owasso has provided the new rebanded frequencies for its Trunked Radio system as follows: 853.4375/806.4375 MHz 851.9625/806.9625 MHz 852.8875/807.8875 MHz 853.3875/808.3875 MHz 853.8875/808.8875 MHz 3.0 INTERMODULATION STUDY (IM) Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmitting frequency at a site, an IM analysis is necessary to check for possible IM interference problems. This IM study has been performed to predict IM products that could be generated as a specific result of adding the newly proposed frequencies as listed in the Transition Administrators Frequency Proposal Report (FPR), to the existing sites. Please see the complete Intermodulation Study which is included as Attachment A. 4.0 SYSTEM INVENTORY AND SUITABILITY ASSESSMENT Motorola completed detailed audits of the customer's system inventory and a Suitability Assessment Impact Report has been produced based on that data collection. The proposed ® MOTOROLA Page 3 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Exhibit C City of Owasso Statement of Work rebanding operation is based on specific impacts anticipated for this system and all of its components. Specifically the report indicates whether each of these system components may be easily retuned, whether they first require reprogramming to allow retuning, or whether they must be replaced to accomplish the migration to the new frequencies prescribed in the FCC order. Please review the Suitability Assessment Impact Report included as Attachment B. 5.0 INTEROPERABILITY The City of Owasso has indicated interoperability requirements with the City of Tulsa Police and Fire Department's radio systems. 6.0 IMPLEMENTATION PLAN FOR SYSTEM RECONFIGURATION Motorola has produced a Reconfiguration Design consisting of MOPS (Methods of Procedures). Motorola developed the MOPs 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 Cut -over and Fall -back Plan from the current frequencies to the new ones. The Cut -over and Fall -back plans ensure consistent operation of all system functionality throughout the rebanding reconfiguration. Please see Attachment E. Motorola has also produced Baseline and operation before and after reconfiguration (appropriate for this system) that precede section. 7.0 PROJECT MANAGEMENT Acceptance Test Plans to demonstrate comparable . Please see the attached Acceptance Test Plans the Cutover and Fall -back Plan in the Attachment The Motorola Project Manager will oversee the activities for each stage of the rebanding effort to ensure a smooth execution of all deliverables and that the requirements of the City of Owasso's system are fully met. Project management tasks include activities such as subcontracting, project kickoff meetings, monitoring project progress, required status meetings and project close. The Project Manager will coordinate with City of Owasso's System Manager and any subcontractor or other third -party organization participating in this work; to keep this effort within the schedule to be agreed upon and finalized at the kick -off meeting. A representative from the City of Owasso will serve as a single point of contact for Motorola during the rebanding process for all affected equipment. Assuming no unanticipated delays, the project is estimated to be completed 70 work -days from Notice to Proceed. A work -day is defined as 8:00 AM to 5:00 PM, Monday through Friday unless specified above. MOTOROLA Page 4 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola. Inc., or its designees. 800 MHz Rebanding Project City of Owasso Motorola Responsibilities Motorola will: Exhibit C Statement of Work • Schedule a project kick off meeting with the City of Owasso at the project's start. • Execute the project contract deliverables and coordinate ensuing project activities with appropriate Motorola and the City of Owasso resources. • After project kick -off Motorola will provide the City of Owasso with schedule and progress updates. This schedule will outline a cutover plan used during the reconfiguration process to ensure disruptions are minimized. The schedule should reflect the following; ➢ Timeline of events ➢ Identified deliverables City of Owasso Responsibilities City of Owasso will: • Provide a signatory who has authority to sign all appropriate project documents required for this project and any other agreements required • Return all of the replaced subscriber radios and related accessories to Motorola c/o CTDI, 800 MHz Rebanding Project, 2224 Galvin Drive, Elgin, IL 60124, within 30 days of the new subscriber radios and accessories being shipped. The only exceptions to the return requirement are the cables for trunk mounted mobile radios. Those can be destroyed on site. • Provide site access to the City of Owasso's owned and controlled sites for Motorola personnel and Motorola's subcontractors for the purpose of reconfiguring the equipment located at that site. • Provide the subscriber radios and fleet coordination to ensure on -time project completion. • Provide all spare units identified in preliminary inventory, if any at the beginning of the project. • Not unreasonably delay the execution of work by Motorola and will extend the timeline of the project when delays caused by the City of Owasso are experienced. • May be required to provide personnel during the reconfiguration process • Be responsible for updating, filing, and coordinating the frequency changes that become a part of this rebanding program with the FCC. As a note, all radio transmitters must be properly licensed by the FCC. MOTOROLA Page 5 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Exhibit C City of Owasso Statement of Work • Identify any outstanding Motorola deliverables and formally request their completion through the mutual development of a project punch list. • Grant final acceptance upon completion of the City of Owasso system reconfiguration. 8.0 LOCAL SERVICE SUPPORT Motorola will utilize its authorized service center network and/or approved third party contractors to perform the reconfiguration of the equipment. 9.0 NOTIFICATION AND CONDITIONS FOR WORK Motorola will notify the City of Owasso assigned point of contact a minimum of five (5) business days prior to starting any work on the system. Motorola will commence work at the designated location only after the City of Owasso has notified Motorola with instructions to proceed. Prior notification of at least 24 hours will be given when expected disruptions are to occur. 10.0 LICENSING The City of Owasso is responsible for updating, filing, and coordinating the frequency changes that become a part of this Rebanding program with the FCC. As a note, all radio transmitters must be properly licensed by the FCC. 11.0 RISKS Motorola is committed to mitigating all known risks and will engage the City of Owasso whenever situations are identified in which a risk situation presents itself. Any event or occurrence that affects the project schedule is to be immediately reported to the Project Managers. A decision will be jointly made between Motorola and the City of Owasso to consider the options and develop a mutually agreed -to solution. There are risks associated with the work that needs to be performed on each piece of equipment. It is conceivable that a particular piece of equipment can be functional at the time of inventory but when rebanded, failures may occur when re- initializing the unit. Motorola will make every effort to ensure that any failure occurring in this situation be rectified immediately. In some cases adequate spares may not be available and could lead to a prolonged outage of equipment while obtaining replacement parts. If the system in question is currently under a direct service agreement with Motorola, any resolution to correct the failure will be covered under the agreement. If the equipment involved is not covered under a direct Motorola Service Agreement, resolution may require reimbursement for material and labor to correct the failure and restore the defective equipment from Sprint Nextel. ® MOTOROLA Page 6 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso 12.0 CITY OF OWASSO ACCEPTANCE Exhibit C Statement of Work Upon completion of the work for the City of Owasso, a System Acceptance Certificate will be provided for customer signature (see Reconfiguration Implementation Phase Agreement, Exhibit B). This certificate acknowledges that all the effort necessary to reconfigure the City of Owasso's system has been completed. 13.0 F+'LASHKIT DETAIL Generic Radio Model APC Item Total QTY Flashes Required Number of Flash kits T model Flashcode Option 000008 - 000000 -2 Q880AF MTS2000 3600 Analog (Type II / Type 111 ) Paid by Nextel Master agreement 0 H1628 000008- 000000- G880AM MCS2000 3600 IMBE /Analog Paid by Nextel Master agreeme 1 T6751 100008 - 000000 -0 Q880AA XTS5000 3600 IMBE /Analog & P25 Paid by Nextel Master agreement MTS2000 T6811 500008 - 000410 -5 Q880AC XTS2500 3600 IMBE /Analog & P25 Paid by Nextel Master agreement 0 T7017 H01UCD6PWIBN 430 13600 Analog (Type II / Type III 1 1 N 1706 000008- 000000 -2 Q880AF MCS2000 aid by Nextel aster agreemen MO HX +812W 430 3600 Analog (Type II / Type III 0 1 0 H 1628 000008- 000000 -2 G880AD M01 UGM6PW4BN 430 3600 Analog e II /Type III 0 0 H1628A 000008 - 000000 -2 G880AD Astro Saber H04UCH9PW7AN 430 VSELP Digital 0 0 N1714 000008 - 000000 -2 Q880AG H04UCH9PW7AN 430 3600 IMBE/Analog 0 0 N1714 100008 - 000000 -0 Q880AG H04UCH9PW7AN 430 9600 IMBE Digital ASTRO 25 0 0 N1714 100008 - 000480 -9 Q880AG Astro Spectra 5 D04UJH9PW4AN 430 VSELP Digital 0 0 H1623A 000008 - 000000 -2 G880AE D04UJH9PW7AN 430 3600 IMBE/Analog 0 0 H1623A 100008 - 000000 -0 G880AE D04UJH9PW7AN 430 9600 IMBE Digital ASTRO 25 0 0 H1623A 100008- 000480 -9 G880AE XTS3000 H09UCF9PW7BN 430 3600 IMBE/Analog 0 0 T5781 100008- 000000 -0 Q880AE H09UCC9PW5BN 430 3600 IMBE/Analog 0 0 T5781 100008 - 000000 -0 Q880AE H09UCH9PW7BN 430 3600 IMBE/Analog 0 0 T5781 100008 - 000000 -0 Q880AE H09UCC9PW5BN 430 3600-IMBE/Analog 0 0 T5781 100008 - 000000 -0 Q880AE XTS5000 H18UCF9PW6AN 332 3600 IMBE/Analog & P25 1 1 T6751 100008- 000000 -0 Q880AA XTS2500 H46UCH9PW6AN 430 3600 IMBE/Analog & P25 12 2 T6811 500008 - 000410 -5 Q880AC XTS1500IMT1500 H66UCC9PW5AN 430 3600 IMBE/Analog & P25 0 0 T7017 500008 - 000410 -5 Q880AD Astro Spectra Plus 5 D04UJF9SW5AN 430 3600 IMBE/Analog & P25 0 0 T6769 100008 - 000000 -0 G880AA XTL5000 M20URS9PWIAN 430 3600 IMBE/Analog & P25 4 1 T7000 100008- 000000 -0 G880AB XTL2500 M21URM9PWIAN 430 3600 IMBE/Analog &P25 91 1 1 T7247 100008- 000000 -0 G880AG XTL 1500 M28URS9PW1AN 430 3600 IMBE/Analog & P25 1 41 1 1 T7192 100008 - 000000 -0 G880AC IUTAL 31 7 Please note, there may be various model numbers per model family. Please use the above model number for ordering rebanding flash kits regardless of the actual model number of the radio. Qty Model # Flash code Option Description Ext.Price 1 N1706 000008 - 000000 -2 Q880AF MTS2000 3600 Analog (Type II / Type 111 ) Paid by Nextel Master agreement 0 H1628 000008- 000000- G880AM MCS2000 3600 IMBE /Analog Paid by Nextel Master agreeme 1 T6751 100008 - 000000 -0 Q880AA XTS5000 3600 IMBE /Analog & P25 Paid by Nextel Master agreement 2 T6811 500008 - 000410 -5 Q880AC XTS2500 3600 IMBE /Analog & P25 Paid by Nextel Master agreement 0 T7017 500008 - 000410 -5 Q880AD XTS1500 3600 IMBE /Analog & P25 Paid by Nextel Master agreement 1 T7000 100008 - 000000 -0 G880AB XTL5000 3600 IMBE /Analog & P25 aid by Nextel aster agreemen t© MOTOROLA Page 7 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 14.0 SOFTWARE AND EQUIPMENT LIST SmartNet II+ Software and Equipment List Customer: Owasso, OK Item Qty I Model I Description Unit Price I Extended Price APC Quote Price 1 2 UOST -0001 16809 28 Ch Controller Code Plug $1,298.001 2,596.00 NNTN4116 $2,596 2 1 1 UOST -0004 JCSC Software 1 $1,863.001 1,863.00 277 $1,509 Note: StartSite Controller, 5 NPSPAC channels to be changed Replacement Mobiles /Portables Qty I Part Number Description Comment 105 H46UCH9PW6AN RBP01 - XTS250ORB Rebanding Portable Included Std Warranty Included Std Whip Antenna Included Std Belt Clip Included 2 Batteries Paid by Nextel Master Agreement 0 H66UCC9PW5AN RBP01 - XTS150ORB Rebanding Portable Included Std Warranty Included Std Whip Antenna Included Std Belt Clip Included Battery @ 2 Paid by Nextel Master Agreement 55 NNTN4116 Carry Case Leather w/ 2.5' swivel belt loop Paid by Nextel Master Agreement 0 NNTN4117 Carry Case w/ snap belt loop & T strap Paid by Nextel Master Agreement 117 M21URM9PW1AN RBP01 - XTL250ORB Dash mount Rebanding Mobile Included Std Warranty Included Std Antenna Paid by Nextel Master Agreement 0 M20URS9PW1AN RBP01- XTL5000Consolette Included Std Warranty Included Std Whip Antenna Included Battery @ 2 10 RKN4105 USB Programming Cable - RKN4105 Paid by Nextel Master Agreement 5 RVN4181T Programming Software - RVN4181T Paid by Nextel Master Agreement 0 RVN4175T Programming Software - RVN4175T Paid by Nextel Master Agreement 0 RVN4176S Programming Software - RVN4183S Paid by Nextel Master Agreement 5 RVN4185T Programming Software - RVN4185T Paid by Nextel Master Agreement 85 NMN6193 Remote Microphone - NMN6193 Paid by Nextel Master Agreement 16 LSH2357DP -G3 Lash Headset Paid by Nextel Master Agreement 1 WPLN407BR Battery Conditioners Paid by Nextel Master Agreement 105 NTN1873 Single Unit Rapid Charger - NTN1873 Paid by Nextel Master Agreement 1 WPLN4108R Multi -unit Charger - WPLN4108 R Paid by Nextel Master Agreement 0 L20URS9PW 1 N 10 -35W 762- 87OMHZ XTL 5000 CONSOLETTE Paid by Nextel Master Agreement 0 6241 SOFTWARE ASTRO READY ANALOG TE Paid by Nextel Master Agreement 0 G114 ENHANCED DIGITAL ID DISPLAY Paid by Nextel Master Agreement 0 G80 W7 HW SETUP CONSOLETTE Paid by Nextel Master Agreement 0 6159 ENCRYPTION UCM HDWR Paid by Nextel Master Agreement 0 L146 TONE REMOTE CONTROL XTL5000 Paid by Nextel Master Agreement QMOTOROLA Page 8 of 11 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 6 HMN1050D MIC DESK PL Paid by Nextel Master Agreement 0 TRN7466 MOUNTING BRACKET EIA 19 INCH Paid by Nextel Master Agreement 0 M20URS9PW1 N XTL 5000 MOBILE 10 -35 WATT, 764- 87OMHZ Paid by Nextel Master Agreement 0 G241 ENH: SOFTWARE ASTRO READY ANALOG OPERATION Paid by Nextel Master Agreement 0 G114 ENH: ENHANCED DIGITAL ID DISPLAY Paid by Nextel Master Agreement 117 G174 ADD: ANTENNA 3DB LOW- PROFILE 764- 87OMHZ Paid by Nextel Master Agreement 0 G95 ADD: CONTROL HEAD SOFTWARE, W7 Paid by Nextel Master Agreement 0 G80 ADD: W7 CONTROL HEAD Paid by Nextel Master Agreement 0 W22 ADD: PALM MICROPHONE Paid by Nextel Master Agreement 0 G66 ADD: DASH MOUNT Paid by Nextel Master Agreement 20 Inserts XTL2500 "Jotto Desks" Inserts Paid by Nextel Master Agreement 0 HKN4191 POWER CABLE, 10 FT. (LOW /MID POWER) 30 & 35 WATT Paid by Nextel Master Agreement 1 6881096C68 USER GUIDE XTL 5000 W4 W5 W7 Paid by Nextel Master Agreement 1 6881096C72 MANUAL, INSTALLATION Paid by Nextel Master Agreement 1 6881096C73 MANUAL, BASIC SERVICE Paid by Nextel Master Agreement 1 9985086F01 MANUAL, DETAILED SERVICE XTL 5000 Paid by Nextel Master Agreement 1 9985086F02 MANUAL, XTL 5000 FINISHED GOOD, TRAIN, CD Paid by Nextel Master Agreement 1 9985086F03 USER GUIDE, FINISHED GOOD,TRAIN, CD Paid by Nextel Master Agreement ® MOTOROLA Page 9 of 11 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 15.0 RECONFIGURATION SERVICES PRICING Reconfiguration Services Quote Infrastructure Service Qty - Hours Qty - Units Unit Price Extended Price Retune Repeater 5 $153.00 $ 765.00 Retune Combiner 1 $508.00 $508.00 Retune Control Stations 6 $71.00 $426.00 Pro ect Mana er 16 $ 175.00 $ 2,800.00 S stem Technologist - COW deployment 8 $ 175.00 $4,200.00 COW deployment - "Echo One" rental 1 $5,705.00 $5,705.00 Totall i $ 14,404.00 Subsciber Service Quantity Unit Price Extended Price Retune New & Existing Portable Subscribers 130 $36.00 $4,680.00 Retune New & Existing Mobile Subscribers 123 $71.00 $9,159.00 Program Existing Portable Subscribers 27 $107.00 $ 2,889.00 Program Existing Mobile Subscribers 12 $107.00 $ 1,284.00 Remove and Replace Mobile Subscribers 117 $484.00 $ 56,628.00 Build Template 5 $319.00 $ 1,595.00 Project Mana er - COW support 32 $ 175.00 $ 5,600.00 S stem Engineer - COW support 16 $ 175.00 $ 2,800.00 Totall $75,902.00 Other Service Quantity Unit Price Extended Price System Baseline Testing 2 $381.00 $ 762.00 PM Customer Support / Admin 40 $ 175.00 $ 7,000.00 Eng Customer Support / Admin 201 175.00 1 $ 3,500.00 Travel Expenses 1 $6,536.00 Totall I $ 17,798.00 Other Equipment: GenWatch 3 (1)- Code Plugs (4) - TX/RX (1) - CSC Software (1): $21,641.00 Total Reconfiguration Price $138,478.00 Total Contigency Price $8,153.00 Pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc. or its designees. MOTOROLA Page 9 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso 16.0 CONTINGENCY FUNDS AND TRAVEL DETAIL Contigency Funds Exhibit C Statement of Work Project Area Risk Description Resource Description Rate Contigency Amount Project Kickoff Slippage Delay of project and committed resources PM/SE 16 HRS 1$175.00 HR $2,800.00 Under Estimate of Subscriber units Additional units to reband Shop 12 UNITS / $71.00 $852.00 Mark Up Additional replacement units to program Shop 5 UNITS /$107.00 $535.00 225 $ 1,125 Additional units to remove /reinstall Shop 2 UNITS / $320.00 ea $966.00 Infrastructure Failure due to age / Condition Delay of project PM/SE/Shop 16 HRS I $175.00 HR $2,800.00 2,298 Delay of project Expenses 1 DAY $200.00 C.O.W. called "Echo One" Stand - by System City of Tulsa 1 WEEK / with Mot GM added $5,705.00 Estimated expense total $ 6.417 $ 6.738 Total $13,858.00 Travel Detail on M -F work week Category Air Fare Per Diem Car Rental Mileage Estimate Rate Per Mile Total Manager 200 $0.48 $96.00 Engineer 100 $0.48 $48.00 Technologist 100 $0.48 $48.00 Expenses shown are estimates based on the Scope of Work and required travel for completing the Reconfiguration Design. Jextel will be billed actual expenses plus 5% markup. ® MOTOROLA Page 10 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees, Days Out Mileage Project Agreed 5 Number of Resources Number of Trips per Week 1000.00 $ 200 225.00 Week Totals Estimate Totals Mark Up Manager 1 2 2 500.00 $ 200 $ 225 $ 1,125 $ 96 $ 2,346 $ 2,463 s Engineer 1 2 2 500.00 $ 200 $ 225 $ 1,125 $ 48 $ 2,298 $ 2.413 Technologist 1 1 5 500.00 $ 200 $ 225 S 1,725 S 48 $ 1,773 $ 1.862 Estimated expense total $ 6.417 $ 6.738 Mileage Estimate Rate Per Mile Total Manager 200 $0.48 $96.00 Engineer 100 $0.48 $48.00 Technologist 100 $0.48 $48.00 Expenses shown are estimates based on the Scope of Work and required travel for completing the Reconfiguration Design. Jextel will be billed actual expenses plus 5% markup. ® MOTOROLA Page 10 of 10 2/2/2007 Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees, CITY OF OWASSO ATTACHMENT A INTERMODULATION ANALYSIS 2/2/2007 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Attachment A City of Owasso Intermodulation Report Owasso City Tower — Intermodulation Analysis Intermodulation Summary: Intermodulation (IM) study indicates no intermodulation products received by the newly proposed 806 -808 MHz Rebanded receiver frequencies and existing receiver frequencies at the Owasso City Tower site. This analysis assumes that only the frequencies identified in the analysis factors exists at the Owasso City Tower site. Microwave radio frequencies are not included in this analysis because of, their extremely focused point -to -point transmissions, their low power transmitters, and the high order harmonics needed to produce a note -worthy mix. The detailed intermodulation analysis is included in the following sections. Analysis Introduction: Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmit frequency at a site, an IM analysis is necessary to check for possible IM interference problems. There are three basic categories of Intermodulation (IM) interference. They are receiver produced, transmitter produced, and "other" radiated IM. Transmitter produced IM is the result of one or more transmitters impressing a signal in the non - linear final output stage circuitry of another transmitter, usually via antenna coupling. The IM product frequency is then re- radiated from the transmitter's antenna. Receiver produced IM is the result of two or more transmitter signals mixing in a receiver RF amplifier or mixer stage when operating in a non - linear range. "Other" radiated IM is the result of transmitter signals mixing in other non - linear junctions. These junctions are usually metallic, such as rusty bolts on a tower, dissimilar metallic junctions, or other non - linear metallic junctions in the area. IM products can also be caused by non - linearity in the transmission system such as antenna, transmission line, or connectors. This IM study has been performed to predict IM products that could be generated by the potential new frequencies as they are used at the Owasso City Tower site after rebanding. Owasso City Tower site is one of the sites used in the City of Owasso project. The analysis calculates possible IM product frequencies through the seventh (7`h) order that could potentially interfere with receivers at the communications site based on each receiver's individual bandwidth. The results can be used to develop an IM mitigation strategy. The parameters that affect the IM product calculations are: Order of IM products, the number of transmitters, the number of harmonics, and the half window (bandwidth) of the receiver. Following are the parameters used for the Owasso City Tower IM analysis: Minimum Product Order = 2 Maximum Product Order = 7 Minimum Harmonic = 1 Maximum Harmonic = 6 Minimum Number of Transmitters = 2 Maximum Number of Transmitters = 7 Half Window = 25 kHz The product order is equal to the harmonic multiples of the transmitter frequencies added together. For this IM analysis, 3rd, 5`h and 7`h order IM study reports were created. There is a possibility of higher order IM product interference. As the product order increases, the magnitude of the interfering signal decreases. Once the magnitude of the signal drops below the sensitivity of the target receiver, it is considered a minimal threat. For this reason 7th order is the maximum product order considered in this analysis. To generate 7`h order IM products, the maximum of 7 transmitters are required to broadcast simultaneously, or a combination sum of the harmonic factors of the transmitters is equal to 7(e.g. 3A +4B or 3A -413). Harmonic represents the multiple of the original transmitter's carrier frequency. The greater the harmonic multiple of a transmitter signal, the lower the power will be relative to the transmitter signal and therefore, the smaller the level of the interfering signal. For the 7th order IM products, the maximum harmonic required is 6 for minimum two transmit frequency assuming that one transmitter alone will not create IM interference. Page 1 of 2 2/2/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso Attachment A Intermodulation Report Half window of the receiver is the most critical parameter that takes into consideration the receiver bandwidth. During calculation, Hydra checks IM products within ( +/- (Half window) KHz) of all Rx frequencies. For this analysis 25 KHz was used as receiver half bandwidth. Analysis Results: Hydra was used to generate 3rd, 5`h and 7`h order IM report. Following is the summary of the 3 reports: Intermodulation Hits by Order * * * * * * * * * ** NO 1NTERMOD HITS DETECTED * * * * * * * * * ** These results were generated assuming the presence of only the frequencies mentioned in Analysis Factors section. If there is a change in the frequencies used at the site, IM analysis should be done to re- evaluate the impact of intermodulation. Recommendations: 1. Avoid using frequencies that have 3rd order IM direct hits or create 3rd order IM direct hits. 2. Not all of the mixing possibilities are significant in creating interference signals. Higher order IM products are usually weaker in signal strength. Also, the interference depends on the power level of the mixing signal. Impact of higher order IM products can be mitigated by controlling the power level of the mixing signal. 3. Provide separate transmit and receive cables. This would move the mixing point far from both the transmitters and receivers resulting in less probability of an IM problem. 4. Replace all connectors in the system with premium grade connectors where UHF and 800MHz frequencies are present. 5. In addition to the connectors, quality components should be used throughout the system, such as power dividers and cross -band couplers. The installation must always be of the highest quality. A premium component will cause problems if not installed properly. 6. Direct hits are more significant than indirect hits. The impact of indirect hit will depend on signal level and how far apart is the IM product from the receiver frequency. Disclaimer: Intermodulation distortion products (I.M.) are always present where two or more collocated transmitters are operating simultaneously. Managing the power levels of the I.M. signals developed through proper system design will determine whether they cause harmful interference to communications. The I.M. analysis is simply one of the tools used to guide proper design and must be used by a trained technical person competent to understand its meaning and limitations. The appearance of an I.M. product in the analysis does not mean such a product will cause harmful interference, or indeed even be present. It simply indicates the mathematical possibility of a product being produced. Page 2 of 2 2/2/2007 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. CITY OF OWASSO ATTACHMENT B SUITABILITY ASSESSMENT IMPACT REPORT 2/2/2007 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Attachment B City of Owasso Suitability Assessment Impact Report Impact to Base Stations or Repeaters Retune the MTR2000 base station new frequency with RSS Impact to System Controllers Open an Upgrade Operations CASE to order new rebanding codeplug for the StartSite Controller Open an Upgrade Operations CASE to order new Rebanding CSC firmware for the Startsite Controller and spare controller board if available. Impact to Management Terminals Upgrade Genesis Systems Management Terminal Software. Impact to Subscribers XTL1500 radios shipped before Feb. 2006 flash with rebanding firmware then retune with new RVN4185T CPS software. Radios shipped after Jan. 2006 retune with new RVN4185T CPS software. XTL2500 radios shipped before Feb. 2006 flash with rebanding firmware then retune with new RVN4185T CPS software. Radios shipped after Jan. 2006 retune with new RVN4185T CPS software. XTL5000 radios shipped before Feb. 2006 flash with rebinding firmware then retune with new RVN4185T CPS software. Radios shipped after Jan. 2006 retune with new RVN4185T CPS software. XTS2500 radios shipped before Feb. 2006 flash with rebinding firmware then retune with new RVN4181T CPS software. Radios shipped after Jan. 2006 retune with new RVN4181T CPS software. XTS5000 radios shipped before Feb. 2006 flash with rebinding firmware then retune with new RVN4181T CPS software. Radios shipped after Jan. 2006 retune with new RVN4181T CPS software. Replace the LCS2000 mobile with XTL250ORB then retune with new Rebanding RVN4185T CPS Replace the LTS2000 portable with XTS250ORB then retune with new Rebanding RVN4181T CPS Flash the MCS2000 mobile with rebinding firmware then retune with new RVN 4175T CPS software MTS2000 radios manufactured between June 1993 and June 1997. First read the radio and program with CPS and archive the programming file. Once done use the Updater Tool (P /N XXXXX) to update the firmware. Proceed to normal flashing procedures. Information contained in this offering is considered proprietary 2/75/2007 and may not be shared with any person not directly associated with the addressee without express written consent from Motorola, Inc. or Its designees Page 1 of 2 800 MHz Rebanding Project Attachment B City of Owasso Suitability Assessment Impact Report Impact to RF Antenna Site Equipment Call Bird Technologies / Tx -Rx for replacement transmit combiner intercavity cables and retune each port for new frequency Retune each transmitter combiner port of the Tx -Rx transmitter combiner for the new frequency If there is a Tx combiner post filter and the new frequency is outside the bandwidth of the filter then order a new filter with the appropriate bandwidth No Action Required for the Tx -Rx Tower Mounted Amplifier or Receive Multicoupler Impact to Dispatch Console Systems Retune all control station(s) via appropriate RSS or replace as required. Impact to MOSCAD Sub - Systems No MOSCAD Inventory Input Provided Information contained in this offering is considered proprietary 2115/2007 and may not be shared with any person not directly associated with the addressee without express written consent from Motorola, Inc. or its designees Page 2 of 2 CITY OF OWASSO ATTACHMENT C FUNCTIONAL ACCEPTANCE TEST PLAN 2/2/2oi17 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc , or its designees. 800 MHz Rebanding Project City of Owasso TABLE OF CONTENTS SmartNet II Trunking Features ...... Talkgroup Call ........................... Automatic Retry ......................... Site Trunking Features ................... Talkgroup Call ........................... Automatic Retry ......................... Signoff Certificate .......................... 1WMOTOROLA Attachment C Functional Acceptance Test Procedures (ATP) 3 4 5 6 ....7 1 800 MHz Rebanding Project City of Owasso Wide Area SmartNet II Trunking Features JTalkgroup Call 1. DESCRIPTION The Talkgroup is the primary level of organization for communications on a trunked radio system. Radios with Talkgroup call capability will be able to communicate with other member of the same Talkgroup. This provides the effect of a private channel down to the Talkgroup level. This test will demonstrate that a Talkgroup transmission initiated by a radio user will only be heard by system users, which have, the same Talkgroup selected. As with other types of calls, Talkgroup calls can take place from anywhere in the system. SETUP RADIO -1 - TALKGROUP I RADIO -I - SITE - SITE I RADIO -2 - TALKGROUP 1 RADIO -2 - SITE - SITE 2 RADIO -3 - TALKGROUP 2 RADIO -3 - SITE - SITE 1 RADIO -4 - TALKGROUP 2 RADIO -4 - SITE - SITE 2 VERSION #1.1 foMOTOROLA Attachment C Functional Acceptance Test Procedures (ATP) 2. TEST Step 1. Initiate a Wide Area Call with RADIO -1 in TALKGROUPI. Step 2. Observe that only RADIO -2 will be able to monitor and respond the call. Step 3. Initiate a Wide Area Call with RADIO -3 in TALKGROUP2. Step 4. Observe that only RADIO -4 will be able to monitor and respond the call. Pass Fail 2 800 MHz Rebanding Project City of Owasso Wide Area SmartNet Il Trunking Features Automatic Retry 1. DESCRIPTION Automatic retry is a feature to ensure system access and eliminate the need for a radio user to re -key or remain keyed in an effort to gain a channel. When the radio operator presses the PTT, the radio sends a burst of data to the system central controller via the control channel to request a voice channel. To ensure that the request gets through in the event of weak signal levels or interference, the radio will automatically continue to send a channel request until the request is acknowledged by the central controller or until approximately 4 seconds has passed. Automatic retries are sent at random to minimize contention on the control channel. SETUP One radio is required with the antenna removed. VERSION #1.01 dft 1W MOTOROLA Attachment C Functional Acceptance Test Procedures (ATP) 2. TEST Step 1. Key the radio. Step 2. Verify that the transmit indicator LED on the radio flashes for approximately 4 seconds as the radio retries the PTT request. Step 3. Re -key the radio and re- attach the antenna. Step 4. Verify the radio gets a callback. Pass Fail 3 800 MHz Rebanding Project City of Owasso Site Trunking Features JTalkgroup Call 1. DESCRIPTION The talkgroup call is the primary level of organization for communications on a trunked radio system. Radios with talkgroup call capability will be able to communicate with other members of the same talkgroup. Radio users can select between the different talkgroups that are programmed in the radio using a manual switch or keypad. SETUP PLACE SITE IN SITE TRUNKING MODE RADIO -1 - TALKGROUP I RADIO -2 - TALKGROUP 1 VERSION #1.02 dft To MOYOROLA Attachment C Functional Acceptance Test Procedures (ATP) 2. TEST Step 1. Initiate a clear talkgroup call with RADIO - I. Step 2. Verify the ISW is decoded by the Control Channel, and that a voice channel is assigned. Step 3. Verify communication with RADIO -2. Pass Fail M 800 MHz Rebanding Project City of Owasso Site Trunking Features Automatic Retry 1. DESCRIPTION Automatic retry is a feature to ensure system access and eliminate the need for a radio user to re -key or remain keyed in an effort to gain a channel. When the radio operator presses the PTT, the radio sends a burst of data to the system central controller via the control channel to request a voice channel. To ensure that the request gets through in the event of weak signal levels or interference, the radio will automatically continue to send a channel request until the request is acknowledged by the central controller or until approximately 4 seconds has passed. Automatic retries are sent at random to minimize contention on the control channel. SETUP PLACE SITE IN SITE TRUNKING MODE One radio is required with the antenna removed. VERSION #1.01 1WA+1070ROLA Attachment C Functional Acceptance Test Procedures (ATP) 2. TEST Step 1. Key the radio. Step 2. Verify that the transmit indicator LED on the radio flashes for approximately 4 seconds as the radio retries the PTT request. Step 3. Re -key the radio and re- attach the antenna. Step 4. Verify the radio gets a callback. Pass Fail 5 800 MHz Rebanding Project Attachment C City of Owasso Functional Acceptance Test Procedures (ATP) Signoff Certificate By their signatures below, the following witnesses certify they have observed the In -Plant System Acceptance Test Procedures. Signatures WITNESS: Please Print Name: Initials WITNESS: Please Print Name: Initials WITNESS: Please Print Name: Initials Date: Date: 11W MOYOMOQLR 6 CITY OF OWASSO ATTACHMENT D RF PERFORMANCE VERIFICATION TEST PLAN 2/2/2007 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project Attachment D City of Owasso RF Performance Verification Plan RF PERFORMANCE VERIFICATION PLAN RF Performance Verification Benchmark and Acceptance Tests The City of Owasso's single site trunking system consists of five channels. These channels are managed by a non - redundant trunking Central Controller. Reconfiguring the trunking system's frequencies will not require substantial changes to the antenna network at each site. RF performance verification procedures for systems of this type are defined by the Transition Administrator as follows: Method I — Repeater Site Measurements This method is appropriate for sites where reconfiguration does not require substantial changes to the antenna or coax feed line. This method can be used if other transmission elements such as transmitter combiners, or filtering devices change, if those changes do not result in a change to the transmit power into the feed line. For those systems where the transmit power to the feed line does not change, it is sufficient to make a series of measurements at the repeater site. This method assumes all existing equipment is specified to operate with comparable losses for the new channels compared to the existing channels. If the antenna bandwidth specifications include the new channels, then the radiated pattern and signal strength should not change assuming that equivalent transmit power is delivered to the antenna. Prior to reconfiguring the site, measured losses for each component are recorded including the transmit power entering the transmission line. The measurements should include the return loss of the transmission line and antenna. After reconfiguration, the same measurements are made and compared to the prior measurements. If the two sets of measurements are comparable, then coverage will be comparable. The coverage performance verification plan that follows has been designed to closely align with the Transition Administrator's guidance. RF Performance Verification Plan Before a device is rebanded, it will be inspected for any preexisting defects that may impede the rebanding process. Motorola will report all identifiable defects to the City of Owasso. It will be the City of Owasso's responsibility to correct these issues through its normal service channels prior to rebanding. RF Performance Verification Procedure These checks will be performed on each applicable data base station prior to changing the frequency. Transmitter: Frequency. Transmit RF power output Transmit reflected power from the combiner port Transmitter Modulation. Page 1 of 2 2/2/2007 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso Receiver: Frequency Effective receiver sensitivity Squelch setting Attachment D RF Performance Verification Plan These checks will be performed on each applicable transmit combiner component prior to changing the frequency. Transmit RF power into each applicable port of the combiner Transmit RF power out of the combiner for each applicable channel These checks will be performed on each applicable Tower Mounted Amplifier and Multi- Coupler prior to changing the frequency: System gain. Noise floor in the pass -band Once these tests are completed, the trunking system will be rebanded and the tests repeated. The results of both exercises will be compared and the findings presented to the City of Owasso for approval. Per the TA, the "focus of any testing must be on showing if comparable coverage is achieved ". For the five channel single site trunking system, Motorola believes these procedures adequately meet this goal. Page 2 of 2 2/2/2007 aMOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. CITY OF OWASSO ATTACHMENT F CUTOVER AND FALLBACK PLAN 2/2/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso Rebanding Cutover and Fallback Plans Attachment E Cutover and Fallback Plan The City of Owasso operates and maintains a StartSite (SmartNet II Plus), single -site 5- channel, Non - Simulcast system. The firmware at the site will be upgraded and all 5 channels will be retuned. For rebanding the system all five channels at the site will be retuned at once. The site will be offline throughout the upgrade. A "Cell on Wheels" (COW) will be provided by the City of Tulsa. The COW will be on -site to mirror City of Owasso's radio system during the Rebanding process. In addition to mirroring their radio system, the City of Owasso also requires that an ITAC4 channel be incorporated into the COW and online during the rebanding process in the event any potential wide -area emergencies occur. The COW being made available through terms with the City of Tulsa will have been programmed using the same System ID and fully tested before their set -up /introduction into the City of Owasso SmartNet II Start-Site system on -site. Teams will arrive on site well before the scheduled outage time to collect, record, and verify site information. Before proceeding with the rebanding, the transmitter combining system and the receive antenna system must be verified. A technologist will record which channel is connected to each combiner port and then confirm that the combiner's minimum frequency separation specification will not be exceeded with the new frequency plan. The technologist will also use a simple over the air test to confirm receive antenna system performance in the 806 -809 MHz band for NPSPAC relative to its performance in the 821 -824 MHz band. The cutover plan must start with ensuring the current system configuration is operating as expected. This is accomplished by performing basic functionality tests to verify that all modes of operation are working to the expected level. If an issue is found then the issue is resolved prior to engaging the reconfiguration process. Refer to the functional ATP processes to understand what tests will be required to verify system operation. Rebanding the site includes: • Collect RSSI data • Collect transmitter data • Retune combiner • Balance power • Collect post - rebanding transmitter data • Realign repeaters • Collect post - rebanding RSSI data • Perform functional acceptance test • Perform interoperability test (if needed) Remove backup ITAC repeater at the conclusion of all rebanding activities (if installed) Before an effective cutover plan is possible the current system configuration, programming, database files, and etc must be retrieved and archived in case they are needed to recover from a failure in the reconfiguration process. Furthermore each subsystem impacted by reconfiguration or not must be studied to determine how it operates within the overall system and what changes Page 1 of 6 Motorola Proprietary and Confidential 800 MHz Rebanding Project Attachment E City of Owasso Cutover and Fallback Plan in each subsystem will impact others. Understanding what parts or subsystems can be changed without impact to other subsystems or the overall system performance is required. The fallback plan is directly related to the system cutover plan. Each step or group of steps in the cutover plan will have a recovery process. The first step in the development of a fallback plan is to fully understand each step in the cutover plan and how it impacts the system. The fallback plan will match the cutover plan process, just in reverse. The following description details the work to be performed on subscriber and infrastructure equipment. This cutover - fallback plan incorporates both the cutover process and fallback plan into one integrated document. The fallback portion provides plans to recover system operation in case an issue occurs during the reconfiguration process. Each functional change during the reconfiguration will have its set of fallback steps so reconfiguring the system to its original state will not be necessary. This will allow for quicker recovery in the event an issue arises during system reconfiguration. The fallback processes will be shown in bold and underlined text. This process does not take into consideration such items as travel, logistics of getting access to radio units, time of day, or etc. These items will be defined and scheduled in detail based on operations and agency requirements at the project kick -off and the time frame of the implementation. The intent of this section is to describe the step by step process to actually make the changes in the system equipment. The system migration will be performed in two distinct steps. The subscriber units will be Rebanded by either replacement or reprogramming. Once ALL of the subscribers are complete then the Fixed Network Equipment (FNE) will be rebanded SUBSCRIBER PLAN Replacement Radio Process 1. Read the existing radio, to be replaced, with the current RSS /CPS (Radio Service Software /Customer Programming Software). 2. Save this radio programming file to the computer. 3. Either print out the archive or keep the file open for reference. 4. Read the replacement radio, prior to programming, with the latest CPS software. 5. Use the information from the original radio to program City of Owasso configuration into the new radio with the CPS. If the original radio was programmed with Windows based CPS and not DOS based RSS software then a drag and drop method can be used to transfer the radio programming into the new radio. 6. Program the new control channel and failsoft frequencies into the new radio programming template. 7. Save this new programming template into the computer. 8. Program the new radio with the template developed in steps 5 through 6 above. 9. Test this radio on the system to ensure all talkgroups and functions perform as desired. Page 2 of 6 Motorola Proprietary and Confidential 800 MHz Rebanding Project City of Owasso Attachment E Cutover and Fallback Plan a. If a problem is discovered in the radio operation, review and correct any programming issues. Re -Test the radio. 10. Use the template created in steps 5 and 6 to "clone" radios of the same configuration. 11. Test each radio after programming. a. If any radio fails to operate with the tested template from above, submit the radio for warranty service procedures. 12. Select the next set of radios and perform steps 1 through 10 as above. Subscriber Flashing Process 1. Select an existing radio to be flashed and programmed for Rebanding. 2. Perform a quick test of the radio to ensure it is working properly. a. If the radio does not work properly, submit it for repair under the repair procedures defined by City of Owasso contract or agreement with the assigned service provider prior to proceeding with this unit. 3. Read the radio with the new CPS software. 4. Save the radio programming template to the computer. 5. Flash the radio with Rebanding firmware using the radio flashing procedure defined in the CPS software documentation. 6. Program the new control channel and failsoft channel frequencies into the radio programming template. 7. Save this newly modified template to the computer. 8. Program the radio with the newly modified template. 9. Test the radio to ensure it operates properly on the system. a. If the radio fails to operate properly review the programming template for errors and correct. Re- program and re -test the radio. 10. Select the next radio in this group and flash the radio with Rebanding firmware. 11. Clone the radio with the template saved in step 7 above. 12. Test the radio. 13. If a radio of the same configuration is not available proceed with another unit and perform steps 1 through 9 above for the next radio configuration. Use the saved radio programming template to "clone" the next radio of this configuration as it comes available. INFRASTRUCTURE PLAN Proposed Transition Procedures Rebanding of this system requires the following actions to be completed in the following order. Pre-configuration Motorola will back up the SAC record of the active trunking controller and mark the media appropriately. The field team should locate and ensure that there is a working set of spare trunked controller cards for the existing pre - rebanding system configuration. Reconfiguration will take place during working hours as established and agreed to at the kickoff meeting with Page 3 of 6 Motorola Proprietary and Confidential 800 MHz Rebanding Project Attachment E City of Owasso Cutover and Fallback Plan City of Owasso. Reconfiguration will be done in only one phase. All five channels will be reconfigured at the same time based on agreement from City of Owasso. New code plugs with the rebanded frequencies will be available for the reconfiguration phase from Motorola Upgrade Operations prior to beginning the reconfiguration process. The field team should locate and ensure that there is a working set of base station spares. If not, Motorola will get agreement from City of Owasso that a certain number of channels can be down until repairs are made. Baseline Test Plan Owasso City Tower Site Perform "Baseline Check" before and after retuning stations and antenna equipment. These checks will be administered during the reconfiguration process. These procedures will be performed on each base station prior to changing the frequency. This consists of the following items: Transmitter Measure and record the frequency Measure and record the transmit RF power output compared to the Customer license or previous measurements (if available) Measure and record transmit reflected power from the combiner port or duplexer Measure and record the transmitter modulation Receiver Measure and record the frequency Measure and record the sensitivity Measure and record the effective receiver sensitivity Transmit Combiner Measure and record the transmit RF power into each port of the combiner or the input of the station duplexer Measure and record the transmit RF power out of the combiner or duplexer for each channel. Measure and record the reflected power from the antenna. Receiver Multicoupler Verify the bandwidth of filters. Measure and record the noise floor in the pass -band. CUTOVER PLAN StartSite Non - Simulcast 1. Notify System Support Center that reconfiguration work is beginning on City of Owasso system by referring to the Upgrade Operations (UO) CASE that was opened when the reconfiguration project was started. Page 4 of 6 Motorola Proprietary and Confidential 800 MHz Rebanding Project City of Owasso Attachment E Cutover and Fallback Plan 2. Gather all new Rebanding software, firmware, and hardware required by the reconfiguration plan and organize it in order of use. 3. Collect the old software for City of Owasso in the event it is needed for the fallback plan. 4. Back up the SAC records for the active trunking controller and mark the media appropriately. Keep close by in case needed to recover from a failure. 5. Ensure the "Cell on Wheels" is online and operating property. 6. Inform City of Owasso that the upgrade process will begin at the Owasso City Tower site and the StartSite system will be taken offline. Get approval from City of Owasso to proceed. 7. Install the new Rebanding software into the controller. 8. After installing the new code plug test the system for proper operation. If the system passes the functionality test, proceed to 9. If the test fails, and is for level 2 support, contact the UO Implementation engineer if they are not already dialed in. With the aid of the UO Implementation Engineer, utilize to the Impact Time Line for the order of the fallback procedure. Do not continue until this issue has been resolved. 9. Disable all five channels to be reconfigured. This is determined by agreement with City of Owasso. 10. Test the base stations and log the results in the log sheet provided by Motorola. If a station is not fully functional submit a request for service using the established service procedures defined by City of Owasso 11. Retune the base stations to their new frequencies. 12. Test the base stations and log the results in the log sheet provided by Motorola. If a station is not fully functional; repair the station and keep track of the time and costs of repair so these costs can be added to the final Rebanding cost as part of the "true up process ". 13. Test the transmit combiner port for loss and record the results in the log sheet provided by Motorola. If the transmit combiner port is not working properly submit a request for service using the established service procedures defined by City of Owasso. 14. Retune the appropriate transmit combiner port to the new frequency. 15. Re -test the transmit combiner port logging the results in the provided log worksheet. If the transmit combiner port is not fully functional; repair the combiner and keep track of the time and costs of repair so these costs can be added to the final Rebanding cost as part of the "true up process ". 16. Monitor the system to ensure proper communications are taking place. If not, capture the controller diagnostics and switch back to the previous controller. Call Motorola SSC for support. 17. Once all channels are complete ensure that new and final code plugs are installed in StartSite controllers as well as the spare CSC card. 18. Perform Post - Rebanding RF Performance Verification Test to record current system performance. 19. Notify City of Tulsa to take the "Cell on Wheels" offline. SYSTEM IMPACT Page 5 of 6 Motorola Proprietary and Confidential 800 MHz Rebanding Project Attachment E City of Owasso Cutover and Fallback Plan This section describes the system impact and downtime that may occur for those tasks that require system interruption. 1. StartSite Controller — When the Rebanding software and codeplug is installed into the off line controller, it will cause a short interruption to all communications for approximately 2 minutes per switch. 2. Base Stations and TX combiners — Reconfiguring all five channels will impact available channels by a reduction of five from the current operation which leave zero channels available for operation. The system will be unable to communicate while all five channels are being reconfigured. Although the system will be offline during reconfiguration, full communication capabilities equal to those provided by the StartSite system will be provided by the "Cell on Wheels ". The COW will remain online and provide communications until the reconfigured StartSite system is activated and tested. 3. Receive Antenna and preselector filter- Before rebanding receive antenna and preselector filter have to be change to adapt new and old frequency band. After reconfiguration is done the new 5 MHz the preselector filter should be installed to adapt new frequency band only. This will cause a short interruption to all communications for approximately 2 minutes per switch. Page 6 of 6 Motorola Proprietary and Confidential CITY OF OWASSO ATTACHMENT E PROJECT SCHEDULE 2/2!2007 © MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. 800 MHz Rebanding Project City of Owasso Attachment F Reconfiguration Project Schedule CITY OF OWASSO -- ID Task Name Duration W -2 W-1 Wl W2 W3 W4 W5 W6 .W7, ?W8 „+,W9 W10 W11 W12 W13_ W14 W15 W16 W17 W18 W19 W20 W21 W22 W23 W24 W25 W26 W27 W28 W30 W31 W32 W33 W34 1 Contract and Kickoff 45 days 2 Customer Contract Signed 1 day j� 3- -, Admin. - Resource Assignment 35 days 4 Project Kick -off Prep 8 days 5 Protect Kick -oft 1 day 6 RADIO CONFIGURATION 26 days 7 Work Plan and Coordination 5 days 8 Retune Portables 5 days - 9 Retune Mobiles 10 days 10 Order i Recv. Materials 25 days 11 Reapter I Combiner Program 3 days -- 12 Final Punchlist 3days •a 13 Close - out 1 day Task Progress Summary ^ External Tasks -. Deadline Project City of OWASSO .: Date 2/8107 Split Milestone . Project Summary External Milestone $ Page 1 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: LARRY D. WHITE SUPPORT SERVICES DIRECTOR SUBJECT: REBANDING RADIO UPGRADE DATE: JULY 20, 2007 BACKGROUND The FCC has mandated that the City of Owasso move their 800 MHz System frequencies as part of an overall effort by the FCC to reduce interference in the 800 MHz band. The FCC ordered a reconfiguration of the public safety radio systems operating at 806 -824 MHz /851 -869 MHz (commonly known as the 800 MHz band) due to the potentially life - threatening problem of increasing levels of interference from commercial wireless carriers (Sprint Nextel specifically) operating in the same or adjacent spectrum bands. This problem has been exacerbated because, during the past several years, 800 MHz public safety radio systems have become more widespread and 800 MHz commercial wireless systems have proliferated. REPLACEMENT OF EXISTING EQUIPMENT: In order for the City of Owasso to operate on the new assigned frequencies, it will be necessary for our current radio equipment to be replaced. Since the reallocation of frequencies benefits Sprint Nextel, it is their responsibility to assume all associated costs. Therefore, in accordance with the Frequency Reconfiguration Agreement ( "FRA "), Sprint Nextel will provide the City of Owasso with new replacement radio equipment equivalent to the radio equipment we have today. For every new rebanding radio, including approved accessories, which Sprint Nextel provides to the City of Owasso as part of this project, the City of Owasso must in turn deliver to Motorola a trade -in radio with accessories on a one - for -one basis. In order for Sprint Nextel to provide an equivalent radio, they have arranged for Motorola to modify a current production radio with our limited features. This will result in the City of Owasso acquiring limited production non - standard radios which may make repair and replacement more complicated. UPGRADING EXISTING EQUPMENT: The City of Owasso desires to purchase standard production radios and has negotiated an agreement with Motorola to purchase an upgrade for the rebanding model to the production model for all 222 replacement radios. The radio equipment is exempt from the normal bidding process since Motorola is a sole source provider. This upgrade would also allow the City of Owasso to more effectively utilize the system and thereby accommodate additional users. FUNDING: In consideration for the better utilization of the system, the Oklahoma Department of Homeland Security has agreed to contribute $35,000.00 towards the radio upgrades. The City of Owasso will be required to pay Motorola $46,625.00 for the difference for the radio upgrade. This cost has been included in the Fiscal Year 08 Budget. REQUEST This request is for City Council approval to purchase flash upgrade software for the rebanding radios and authorization for payment to Motorola in the amount of $46,625. RECOMMENDATION Staff recommends City Council approval to purchase flash upgrade software for the rebanding radios and authorization for payment to Motorola in the amount of $46,625. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: SUPPLEMENTAL APPROPRIATION FOR OPEN CONTRACTS DATE: August 3, 2007 BACKGROUND: At the June 30 fiscal year end, many purchases and contracts were open or incomplete. This includes a variety of approved projects or equipment purchases that were initiated during the 2007 fiscal year and included in the fiscal 2007 budget. The balance of these contracts and purchases will be expended during the 2008 fiscal year in which there is no appropriation for these expenditures. In order to comply with statutory budget restrictions, budgets for those active contracts and projects should be re- appropriated for the 2008 fiscal year. In previous years, the re- appropriation for open purchases was included with the Carryover Budget presented to the Council later in the fiscal year. However, this year there are several large dollar projects which could cause an immediate budget overage in the department without this re- appropriation. In order to be in compliance with the Municipal Budget Act, staff is recommending Council approval of a supplemental appropriation at this time. A list of open projects and contracts is attached for your information. Staff is recommending supplemental appropriations in the General Fund for $599,928, the Stormwater Management Fund for $20,362, the Ambulance Capital Fund for $196,335 and the City Garage Fund for $8,550. The General Fund request includes the following departments: Finance $2,278 Human Resources $1,940 General Government $3,080 IT $454,200 Support Services $11,000 Streets $102,580 Parks $24,850 RECOMMENDATION: Staff recommends City Council approval of the following supplemental appropriations: General Fund $599,928 Stormwater Management Fund $20,362 Ambulance Capital Fund $196,335 City Garage Fund $8,550 ATTACHMENT: Schedule of Open Projects and Contracts City of Owasso Year End -- Open Projects & Contracts Fund Department Vendor General Finance Knoll, Inc. General HR Knoll, Inc. General Gen Govt INCOG General IT Dan -D -Co, Inc.; Utility Cable Communications, Inc. General IT SunGard General IT Strategic Consulting International General Support Servi A Plus Services General Support Servi Ramcrete General Support Servi Corporate Express General Street Frontier International General Parks Miser Asphalt Stormwater Mgmt Stormwater Meshek & Assoc Ambulance Capital Ambulance Fire House Software Ambulance Capital Ambulance Speedway Cheverolet Ambulance Capital Ambulance Excellence, Inc City Garage City Garage Myers Tire Supply Description Open Project Amount Cubicle walls & furniture 2,278 Cubicle walls 1,940 CDBG grant admin 3,080 Fiber installation and boring 36,000 Software 400,000 GIS public safety integration 18,200 Air conditioning repairs 2,000 Concrete work - city hall 7,000 Office furniture 2,000 Dump truck 102,580 Parking lot - Centennial Park 24,850 General Fund Total 599,928 Engineering services - Three Lakes Dam project 20,362 Incident reporting software 17,890 Ambulance chassis 49,466 Ambulance box remount 128,979 Ambulance Capital Fund Total 196,335 Wheel balancer 8,550 OPWA - CIP Wastewater Greeley & Hansen Wet weather study 11,261 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF A TEMPORARY LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND ONEOK, INC. DATE: August 7, 2007 BACKGROUND: On October 29, 1996, the Owasso Economic Development Authority ( "OEDA ") executed a commercial lease agreement with OneOk, Inc. ( "OneOV) for the rental and potential purchase by OneOk of a building to be used by Oklahoma Natural Gas ( "ONG ") as a maintenance facility. Hunt Properties ( "Hunt "), by and through SF Shops Investors, L.P. ( "SFSI "), which is a limited partnership related to Hunt, now seeks to purchase the land located at 96th Street North and 121St East Avenue upon which the current ONG maintenance facility is located. Subsequent to the purchase, SFSI intends to demolish the existing ONG facility and develop the property as a retail shopping center. To facilitate SFSI's purchase and development of the subject property as a retail shopping center, the Owasso Public Works Authority ( "OPWA "), the Owasso Economic Development Authority ( "OEDA ") and the City of Owasso ( "City ") entered into a Development Agreement with SFSI dated July 17, 2007. The Development Agreement is predicated upon a belief by the OPWA, the OEDA and the City that development of this property as a major commercial retail shopping center is conducive to and promotes economic development within the City of Owasso through: 1) an increase in sales tax revenue resulting from the construction of an additional retail area within the City, 2) the creation of new jobs within the City, and, 3) the resultant collateral economic growth which will emanate from construction of this retail center. The Development Agreement requires that the land upon which the current ONG maintenance facility is located be sold by the OEDA to SFSI. As a prerequisite for the sale and conveyance of this property to occur, ONG must vacate the facility. A new facility for ONG will be constructed at the Cherokee Industrial Park by SFSI concurrent with construction of the new retail shopping center. However, construction of the shopping center and the new ONG facility will not begin until the subject property is conveyed to SFSI and the premises are vacated. Therefore, it will be necessary for ONG to obtain temporary office space within or near Owasso during construction of the substitute facility in the Cherokee Industrial Park. Temporary office space sufficient to house ONG's maintenance facility personnel is available in the rear portion of the Old Central building on the second floor. The Old Central facility is typically utilized by the City of Owasso Business Incubator as office space for businesses participating in the Incubator program. While ONG is not a part of the Incubator program, the portion of the Old Central building it proposes to lease may be used for that purpose following the termination of the Oneok lease agreement. Formerly, the subject rental space within Old Central has not been usable because substantial and costly repairs and improvements were needed. However, to facilitate the rental of this space to ONG, SFSI has expended significant funds in making repairs and improvements to the space so that it might be suitable for use by ONG while the new facility is under construction. Subsequent to ONG's occupation of its new facility and the lease's consequent termination, the City will possess usable, improved space within Old Central suitable for use in the Business Incubator Program or otherwise as rental office space. The proposed lease between the City and OneOk will provide that ONG shall maintain the rental space within Old Central in good working order, obtain its own janitorial services and be responsible for payment of its pro rata share of Old Central's utility bills, as determined based on square footage. In addition, OneOk will maintain a comprehensive policy of general liability insurance in the amount of One Million Dollars ($1,000,000.) or provide evidence of funds which have been segregated by ONG for that purpose. The City will assume no responsibility or obligation for ONG's property which will be kept in the leased premises, and OneOk is additionally required to indemnify and hold the City harmless for any liability which may result from any act, omission or negligence of OneOk or any of its employees or agents. The commencement, termination and length of the lease term is not determined by date or time period but by event and occurrence. Specifically, the lease will commence when ONG vacates its current facility, and will terminate when a Certificate of Occupancy is issued to OneOk which allows ONG access and possession of the new building. The lease does not require payment of rent by ONG for two reasons: 1) the significant repairs and improvements made to the rental space by SFSI inure permanently to the City's ongoing benefit, and, 2) execution of a lease with OneOk to provide temporary office space for ONG is fundamental to SFSI's construction of a retail shopping center on the subject site, and thus is conducive to the economic development of the City as well as ancillary economic growth. In the absence of certain circumstances, a municipality is generally prohibited from providing no or low cost rental space to a private company or entity. An exception has been created by the Legislature, however, through the enactment of 11 O.S. §22 -101. This statute allows a municipality to enter into agreements regarding real property which are conducive to the best interests of the municipality. Negotiation and execution of a lease agreement making temporary office space available to ONG necessarily promotes economic development within the City because the lease is intrinsic to the purchase and development of the proposed retail site by SFSI. The proposed lease agreement is "conducive to the best interests of the municipality," and is thereby a permissible act under the cited statute. Municipalities are given significant authority and latitude for promotion of economic development. While Section 14 of the Oklahoma Constitution restricts the use of public funds to expenditures which are made in furtherance of a "public purpose," economic development has been recognized by the courts in Oklahoma as a legitimate public purpose, and a city may expend funds for the promotion of economic development. To qualify as an economic 2 development project, a plan or proposed course of action must be intended and anticipated to increase sales tax revenues and /or provide additional job opportunities within the municipality. Execution of a lease agreement between the City and OneOk to provide temporary office space for ONG is an integral and necessary element of the proposed construction of a retail shopping center by SFSI, and, as such, is a legitimate public purpose for the promotion of economic development within the City. To authorize development of a lease agreement between the City and OneOk, it is necessary for the Council to adopt a Resolution affirming its intention to execute a Development Agreement with SFSI. The Resolution must also state that the Development Agreement facilitates construction of a retail shopping center and thereby advances economic development through an anticipated increase in sales tax revenues and the creation of additional employment opportunities within the City. Finally, the Resolution must establish that the City's execution of a lease agreement with OneOk which provides temporary office space to ONG is a fundamental and necessary prerequisite to the SFSI's purchase and development of the subject property. The Resolution prepared and attached for the Council's consideration incorporates these necessary elements. RECOMMENDATION: The staff recommends approval of Resolution 2007 -09 and additional authorization of the City Manager to negotiate and execute a lease agreement with OneOk to provide temporary office space for ONG in the Old Central facility. ATTACHMENTS: Resolution 2007 -09 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2007 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA DECLARING THE NECESSITY OF NEGOTIATING AND EXECUTING A LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND ONEOK, INC. TO PROVIDE TEMPORARY OFFICE SPACE FOR OKLAHOMA NATURAL GAS DURING CONSTRUCTION OF THE NEW FACILITY IN THE CHEROKEE INDUSTRIAL PARK, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE LEASE AGREEMENT. WHEREAS: The City Council has determined that a Lease between the City of Owasso and OneOk, Inc., providing temporary office space for Oklahoma Natural Gas in the Old Central facility until such time as the new facility is constructed in the Cherokee Industrial Park, is conducive to the economic development interests of the City of Owasso, and will promote the development of a major commercial shopping center pursuant to that certain Development Agreement executed by the Owasso Public Works Authority, the Owasso Economic Development Authority, the City of Owasso and SF Shops Investors, L.P. ( "SFSI ") on July 17, 2007; WHEREAS: The City has determined that the development of a major commercial shopping center by SFSI will result in increased sales tax revenues, the addition of new jobs and retention of existing jobs, and will significantly promote collateral economic growth and development within the City of Owasso; and WHEREAS: In order to promote economic development within the City of Owasso, the negotiation, execution and delivery of the Lease is necessary, and is otherwise conducive to the best interests of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to negotiate, execute and deliver a lease agreement between the City of Owasso and OneOk, Inc. (or any of its subsidiaries) to provide temporary office space for the Oklahoma Natural Gas maintenance facility during the construction of that company's new facility in the Cherokee Industrial Park; BE IT FURTHER RESOLVED THAT: Execution of a lease agreement between the City of Owasso and Oneok, Inc. is necessary to facilitate the purchase by SFSI, L.P. of the current Oklahoma Natural Gas property, and to additionally facilitate both the related relocation of Oklahoma Natural Gas to a facility to be newly constructed in the Cherokee Industrial Park, and the subsequent construction of a commercial retail shopping center by SFSI, L.P. on the current Oklahoma Natural Gas facility site: BE IT FURTHER RESOLVED THAT: Execution and delivery of a lease agreement between the City of Owasso, Oklahoma and OneOk, Inc. is conducive to and promotes economic development within the City of Owasso, and will result in increased sales tax revenues and the creation of additional jobs, and will additionally promote collateral economic growth for the City of Owasso; BE IT FURTHER RESOLVED THAT: The City of Owasso is hereby authorized to negotiate and execute a lease with Oneok, Inc. pursuant to the authority granted to municipalities by virtue of 11 O.S. §22 -101. APPROVED AND ADOPTED this 7 1 day of August, 2007, by the City Council of the City of Owasso, Oklahoma. Attest: Sherry Bishop, City Clerk Approved As To Form: n ' o!!"d Ju Te Trout Lombardi, City Attorney 2 Stephen Cataudella, Mayor