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HomeMy WebLinkAboutCAG2000-0546 - Original - Valley Communications Center - Rebanding - Remove & Replace 800 MHz - 11/20/2012 REBANDING AGREEMENT This Agreement for work associated with frequency rebanding ("Agreement"), is entered into between Valley Communications Center ("VCC") and City of Kent ("City"). RECITALS A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report and order that modified its rules governing the 800 MHz band. The purpose of the order was to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications systems in the band ("Reconfiguration"). B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the "Order." C. Pursuant to the Order, VCC and Nextel West Corp. ("Nextel") are licensed to use frequency allocations subject to Reconfiguration, and VCC must relinquish the frequencies identified into the Frequency Reconfiguration Agreement ("FRA") and relocate its system to replacement frequencies. D. Pursuant to the Order, Nextel and VCC entered into a Frequency Reconfiguration Agreement dated September 20, 2012. E. Under the FRA, Nextel will pay VCC an amount to effect a Reconfiguration of VCC's affected frequency allocations ("Reconfiguration Costs"). VCC must certify to the Transition Administrator appointed pursuant to the Order that the Reconfiguration Cost is the minimum amount necessary to provide comparable facilities. VCC is responsible for the accounting of all old and replacement equipment. F. To complete the Reconfiguration, VCC must complete a number of required tasks ("Tasks"), some of which require the cooperation of agencies that receive service from VCC. G. VCC agrees to reimburse the agencies for conducting specific tasks required to complete the Reconfiguration. MEMORANDUM OF UNDERSTANDING Page 11 AGREEMENT 1. In recognition of work and effort provided by City, VCC agrees to reimburse City the sum of $9,063.00, pursuant to the terms of the FRA, as amended. All reimbursement will be made as described in the FRA, as amended. All requests for payment will be made by invoice to Sprint and submitted to VCC, who will approve the invoice before submitting it to Sprint for payment 2. City agrees to hold VCC harmless for any work or tests City performs in connection with the Tasks that are not in compliance with acceptable standards outlined in the FRA, or that do not meet the established scheduled time lines identified in the FRA. 3. City agrees to be financially responsible for all old or replaced equipment not accounted for and turned in to VCC by City for return to Nextel, as required under the FRA. 4. VCC reserves the right to monitor the work City performs in connection with the Tasks to ensure the project is tracking with the overall project schedule required under the FRA. If work delays result in the inability to meet the overall project schedule commitments, external resources may be used to complete the defined work and those charges associated will be deducted from the amount agreed to in Section 1 of this Agreement. 5. The terms and conditions identified in this Agreement do not replace or modify any agreement previously executed for the purpose of planning and coordination, or other negotiations related to the 800 MHz rebanding process under FCC Order WT Docket 02-55. 6 No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of VCC and City. This Agreement shall be effective upon the last day executed. VALLEY COMMUNICATIONS CENTER CITY OF KENT BAy Cyr ' BY: Y� Its: li3u.�111c� d1/,Ce'za' �w„� Dater/I/fz Date: o P 1CrmHPdes%Open F&W247NapeyComGenemAASre mre FBkd= MEMORANDUM OF UNDERSTANDING Page 12 REQUEST FOR MAYOR'S SIGNATURE K E N T Please Fill in All Applicable Boxes W�11 TUx Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ron Green Fleet Services Phone (Originator): 5680 Date Sent: 11/15/2012 Date Required: 11/20/12 Return Signed Document to: Law W,( ONTRACT TERMINATION DATE: N/A Department/copy Department/copy to Fleet Services VENDOR NAME: Valley Communications DATE OF COUNCIL APPROVAL: N/A Center Brief Explanation of Document: Fleet Services will be reimbursed from Valley Communications Center for providing services listed below: Removing existing 800MHz emergency radios and replacing with updated or new radios provided through Valley Communications Center for the sum of $9,063.00. This is to meet a Federal Communication Commission mandate to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications system in the band. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff % ( r Received: � fuIL Recommendations and Comments: t1 1 CITY 9E KENT Disposition: /-t--�/J�: city of f<enpt Ct�ctL�K ise of the Date Returned: