Authorizing the Public Property Commissioner and the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into an agreement with Motorola, Inc., for Motorola to design, build, install, optimize, and maintain facilities and equipment for the upgrade of the City's 800 MHz trunked municipal radio communications system; all under certain terms and conditions.

WHEREAS, the City initially selected Motorola, Inc., a Delaware corporation ("Motorola"), through a competitive process, to furnish, install and fully implement a circuit-based 800 MHz trunked municipal radio communications system for the use of the City, and entered into Contract No. 99-0844 dated June 30, 1999 by and between the City and Motorola for the initial construction of the City's trunked municipal radio system; and

WHEREAS, the City has determined that it is advisable to upgrade the City's existing circuit-based ASTRO 800 MHz trunked municipal radio communications system to an Internet Protocol-based ASTRO 25 IP network; now therefore,

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. The Public Property Commissioner and the Procurement Commissioner, on behalf of the City of Philadelphia, are hereby authorized to enter into an agreement with Motorola, Inc., a Delaware corporation ("Motorola"), to design, build, install, optimize, and maintain facilities and equipment, for the upgrade of the City's existing circuit-based ASTRO 800 MHz trunked municipal radio communications system to Motorola's open-standards, Internet Protocol (IP) based ASTRO 25 IP network (the "Upgrade"), in accordance with a Scope of Services to be negotiated by Motorola and the Department of Public Property, and incorporating provisions that the City Solicitor believes to be in the best interests of the City.

SECTION 2. The agreement authorized in Section 1 of this Ordinance shall have terms consistent with those set forth in Exhibit "A" hereto, and shall include such provisions as the City Solicitor and the Department of Public Property deem to be in the City's best interests.

SECTION 3. The Chief Clerk of City Council shall keep all Exhibits to this Ordinance on file and make them available to the public for inspection and copying during regular office hours.

EXHIBIT A

1. Term of Agreement: Four years from execution date

2. Purchase price for Fixed Network Equipment, Subscriber Equipment, and Services ( after discounts excluding Maintenance Services after Warranty Periods): $ 34,492,443.0

3. Cost breakdown for ASTRO 25 Upgrade

Total Master Site Equipment

$ 2,739,495.45

All master site equipment including IV&D and ASTRO switching/router network

Total Fixed Network Equipment

$ 1,121,258.75

Site controller, switching/router network, comparators for all sites

Total GTR8000

$ 8,923,300.00

362 GTR8000 base stations and options

Total MOSCAD

$ 354,249.55

MOSCAD server and 3 terminals for network monitoring

Total Elite Upgrade

$ 511,177.25

Upgrade to all existing consoles to integrate with new network

Total Spares

$ 244,871.80

Field replaceable units for all major network components

Total Test Equipment

$ 130,716.26

In order to facilitate optimization and maintenance of network

Total KMF Equipment

$ 214,734.30

Key management Facility software and terminal to maintain encrypted radio fleet

Total POP25

$ 17,875.25

Enables network to program software equipped radio units over the air

Total Spectra Upgrades

$ 2,230,648.00

Upgrading 854 existing mobile radio units to work on new network

Total XTS3000 Upgrades

$ 2,600,000.00

Upgrading all existing portable radio units to work on new network

Total XTL5000 Upgrades

$ 3,000.00

Upgrading 10 existing mobile radio units to work on new network

Total XTS2500 Upgrades

$ 80,000.00

Upgrading 100 existing portable radio units to work on new network

Total XTS5000 Upgrades

$ 141,525.00

Upgrading 555 existing portable radio units to work on new network

Total XTS5000

$ 5,549,453.60 SE

1230 new portable radio units; 685 with encryption

Total Equipment at City Discount Pricing

$ 24,862,305

Total Services at City Discount Pricing

$ 8,139,231

Total Equipment And Services

$ 33,001,536

Additional 1500 XTS5000 Portable radios (no S/M or Case) $ 5,502,180.00 SE

Additional Equipment (DVRS) $ 818,361.00

40 mobile, 5 fixed, 5 transportable

Mobile DVRS Installation $ 54,000.00

Remove S/M and cases from 1230 portables ($ 188,190.00) SE

Updated Total Equipment and Services $ 39,187,887.00

Additional System Discounts:

Fire XTS3000 Trade-in credit ( $1,000,000.00) SE

SmartZone Trade-in Credits and Additional Discount ( $2,013,093.00)

*SZ Trade-in based on FNE equipment and 615 portable radios

Additional Trade-in for Four (4) Controllers ($ 60,000.00)

Credit for DVRS Equipment and Services ($ 872,361.00)

SmartZone Trade-in credit for 1500 radios ($ 450,000.00) SE

Additional System Discount ($ 300,000.00)

Total Equipment and Services with

Additional Programs and Discounts $ 34,492,443.00

Total Subscriber Equipment Costs with Discounts & Credits: $ 9,413,443.60

Total Fixed Network Equipment & Upgrade Services Costs: $ 25,078,999.40

Total Equipment and Services with Addl. Programs & Discounts $ 34,492,443.00

4. Payment Schedule

Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones.

Subscriber Equipment payments

Subscriber Equipment will be invoiced 100% upon shipment. Timing of shipment of Subscriber Equipment will be according to City's schedule.

Total cost of Subscriber Equipment to be purchased by City: $ 9,413,443.60

Fixed Network Equipment & Services payments (Total: $ 25,078,999.40)

1. 10% down payment, invoiced upon execution of agreement;

2. 5% upon completion of Detailed Design Review;

3. 25% upon Shipment of FNE equipment from CCSI*;

4. 10% upon Installation of FNE equipment, billed on a site by site basis;

5. 15% upon Coverage Acceptance;

6. 10% upon completion of 2nd Reliability Test;

7. 25% upon Final System Acceptance.

*Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment.

5. Maintenance Contract Pricing

Maintenance contract pricing, assuming 2 year implementation and 1 year warranty)

Year 2 (after warranty) Services Included

* Dispatch Service, Network and Security Monitoring Services with Pre-Tested Anti-Virus Subscription, Technical Support

* Radio Repair Services including Depot Repair and PM for 3010 Portables and 744 Units

* Wireless Pickup and Delivery

* Infrastructure Repair with Advanced Replacement Service

* Premier OnSite Infrastructure Response Service with Dedicated Technicians

* Consolette Repair Services

* Local Admin System Management Service

* Database Management

* Template Conversions

* Template Management

* Tower Maintenance

Total Maintenance Services Sale Price $ 2,342,882.77

Deduct 3010 portables x 135.26 from above ($407,132.60)

Year 4 Maintenance Cost for FNE + mobiles $ 1,935,750.17

Annual Escalation is 5% for Maintenance Cost for FNE + mobiles

Year 5 $ 2,032,537.68

Year 6 $ 2,134,164.57

Year 7 $ 2,240,872.79

Year 8 $ 2,352,916.43

Year 9 $ 2,470,562.26

Year 10 $ 2,594,090.37

6. Disadvantaged Business Enterprises Commitment:

Palura Systems, LLC is a certified MBE firm registered with the City of Philadelphia under MBE certification number 7904113EC, and will support the City of Philadelphia and Motorola in providing to provide various professional services under a subcontractor agreement to Motorola. Motorola is committed to supporting a strong MBE participation plan as a part of its offering. Motorola has identified additional scope within the service portion of its proposal and will seek other certified MBE organizations for additional involvement. Motorola is pledging to involve certified MBE/WBE organizations in its ASTRO25 Upgrade efforts and will commit to a minimum dollar amount of $ 1,000,000.00. Motorola states that this amount represents 12.2% of the available service portion of its offering. Motorola is currently looking for additional certified MBE/WBE subcontractors and will work with the City's Office of Economic Opportunity to provide a formal plan to the City within thirty days of contract award.

End