Res 188-2007 12/4/2007 ,� ,
RESOLUTION NO. 188-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT
WITH INTERGRAPH PUBLIC SAFETY FOR THE PURCHASE AND
INSTALLATION OF SOFTWARE FOR THE CITY'S MOBILE DATA TERMINALS
PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, The City of Wichita Falls wishes to install a Mobile Data Terminal system
for use by its public safety officers to send and receive information wirelessly over a secure
network; and
WHEREAS, After reviewing proposals and conducting demonstrations and interviews,
the City has selected Intergraph Public Safety to provide software services for the Mobile Data
Terminal system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to sign an agreement for software
installation services with Intergraph Public Safety in the amount of $1,432,326.
SECTION 2. It is hereby officially found and determined that the meeting at which this
resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the day of 4 day of December, 2007.
MAYOR
ATTEST:
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� Clerk
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• AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA S
WHEREAS, the City of Wichita Falls, Texas, issued a Request for Proposals for a Mobile Data Computer
System [RFP# 06-08] on November 27, 2006; and,
WHEREAS, GE MDS, LLC, (formerty Microwave Data Systems) submitted a proposal to the City of Wichita
Falls, which has been judged to be the best, most responsible overall proposal.
NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the CITY
of WICHITA FALLS, Texas, hereinafter called "Wichita Falls" or "Buyer," and GE MDS, LLC, hereinafter called
"GE MDS" or "Vendor," do hereby agree as foltows:
'I. PURPOSE
This Agreement is executed for the purpose of allowing the City of Wichita Falls to provide computer access
to Police Department officers, who are in the field, through the use of a mobite data computer system. This
system will provide a minimum of: access to Police Department's computer aided dispatch for voiceless
dispatching; access to the Police Department Records Management System; access to national and state
� intelligence centers (NLETS and TLETS); messaging car-to-car, car-to-dispatch, and dispatch-to-car; access
to photo images from the County Jail system; and document reading. GE MDS will serve as the project
manager and prime contractor to provide this computer system and services described in this Agreement,
Wichita Fatls' RFP# 06-08, and GE MDS's Proposal. The Agreement shall be effective upon signature of both
Parties.
2. CONTRACT DOCUMENTS/ORDER OF PRECEDENCE
All activities and transa�tions contemplated by this Agreement will be governed by the following
documents, cited below in order of precedence from highest to lowest in the event of any conflict between
them. Any change to any document made in accordance with the change control procedures set forth in
Section 15 of this Agreement (Project Change Requests), or otheiwise agreed to by the Parties in writing,
will take precedence over all previous versions of the changed document. The order of precedence shall be:
Exhibit A Statement of Work - The Statement of Work shatl be as described in Section 4 of the GE
.1DS Prap�sal submitted in response io the VVichita Fatls' RFP# Ob-08 together with any Project Change
Request submitted and approved in accordance with the terms of this Agreement. The Statement of Work
may be modified or amended from time to time upon mutual written agreement by both parties.
Exhibit B Acceptance Test Plan ("Acceptance Test Ptan" or "ATP") - The Acceptance Test Plan
("Acceptance Test Plan" or "ATP") shall be as described in Section 5 of the GE MDS Proposal submitted in
response to the Wichita Falls' RFP# 06-08 together with any Project Change Request submitted and
approved in accordance with the terms of this Agreement.
• Exhibit C Coverage Map - The coverage map shows the projected level of coverage. Coverage
area may be modified by mutual agreement of both parties as project proceeds.
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Pa�e 1 of 39
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• Exhibit D Pricing
Exhibit E Project Implementation Schedule - The Project Implementation and Payment Schedule shall
be as described in Section 7 of the GE MDS Proposal submitted in response to the Wichita Falls' RFP# 06-08
together with any Project Change Request submitted and approved in accordance with the terms of this
Agreement.
Glossary of Terms
A. ATP - Acceptance Test Plan
B. City - City of Wichita Fatls
C. MDCS - Mobile Data Computer System, which indudes, but is not limited to a
wireless infrastructure, controllers/servers, mobile computer, docking
station, modems, and interfaces into new or existing networks.
D. OEM - Original Equipment Manufacturer; refers to sub-contractors being provided
with this Agreement
E. PCR - Project Change Request issued and agreed to by both parties
F. Proposer - GE MDS, LLC (formerly Microwave Data Systems)
G. SOW - Statement of Work, which means the Statement of Work between the City
of Wichita Falls and GE MDS as described in Exhibit A
H. Effective Date - The date shall be defined as , 2007.
I. Term - The term of this Agreement shall be for a period of four (4) years from the
Effective Date.
• 3. PEw�niTs
In addition to its responsibilities described in the Statement of Work, City agrees to designate a Project
Director, to provide access to the sites as reasonably requested by GE MDS, and have such sites available
for installation of the Hardware by GE MDS in accordance with the Statement of Work and the Project
Implementation and Payment Schedule. City agrees to obtain, with GE MDS' assistance, any necessary local
zoning, construction, and/or building permits required for the instatlation of the System. All work
performed, either directty by GE MDS or by GE MDS subcontractors will be completed and delivered in
compliance with all applicable federal, state and local safety, building and electrical codes and other
applicable governmental laws, codes and regulations. Any changes to such laws, codes and regulations
after the Effective Date of this Agreement which increase the cost or delay the delivery of the System will
require a Change Order to this Agreement.
4. $ITES
All sites must be selected and approved by the City, whose approval shall not be unreasonably withheld,
delayed or conditioned. Soil conditions at all sites approved by City shall conform to normal soil standards
(as set forth in Section 7.1.3 of ANSI/PIA/EIA-222-F-1996) at the contemplated location of the structure.
GE MDS and City shall be jointly responsible at City's expense, for obtaining all APCO, FCC and FAA
approvals and zoning and other rights to use sites including, but not limited to, all permits and licenses
necessary to perform work on the sites. City shall be responsible for paying all licensing and permit fees,
land/site leases, and utility charges to the appropriate utility for providing and locating utitity services to
the System installation areas. The City shatl be liable for the compliance of all sites for the System with all
• applicable environmental and regulatory laws, codes and regulations.
5. UNAVAILABLE SITES
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETINEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 2 of 39
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• If either GE MDS or City determines during the course of performance of this Agreement that the sites
identified in the Exhibit A are no longer available or are unsuitable, or, if subsurface, structural, adverse
environmental or latent conditions at any site differ materially from those indicated on the specifications in
the Exhibits, GE MDS and City will promptly investigate the conditions and either: (i) jointly select
reptacement sites or adjust the installation plans and specifications as necessary and execute a Change
Order to this Agreement, or (ii) jointly adjust the instaltation plans and specifications as necessary and
execute a Change Order to this Agreement. All costs for this witl be borne by the City.
6. INDEMNIFICATION AND HOLD HARMLESS
In consideration of $100 separately allocated from the consideration paid hereunder, GE MDS shall, in addition to
any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify,
and hold harmless the City, their agents, elected officials, and employees from and against all daims, actions,
liabitities, losses, costs arising out of any actual (1) bodily injury, sickness, disease, or death, or injury to or
destruction of tangible property including the loss of use resutting there from, or any other damage or loss arising
out of or resulting from or claims to have resulted in whole or in part from any actual act of negli�ence of GE
MDS, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of
them may be liable in the performance of the work; (2) violation of law, statute, ordinance, governmental
administration order, rule, regulation, or infringement of patent rights by GE MDS in the performance of the
work; or (3) liens, claims, or actions made by GE MDS or any subcontractor or other parly performing the work on
behalf of or at the direction of GE MDS.
The City reserves the right at any time during the term of this contract to change the amounts and types of
insurance required hereunder by giving GE MDS 30 days written notice. If such change should result in substantial
• additional cost to GE MDS, the City agrees to modify the contract for additional compensation proportional to the
increased benefit to the City.
GE MDS's failure to procure and maintain the required insurance or self-insurance program during the entire term
of this contract shall constitute a material breach of this Agreement under which the City may immediately
terminate this Agreement or, at its discretion, procure or renew such insurance to protect the Citys interests and
pay any and all premiums in connection therewith, and recover all monies so paid from GE MDS.
GE MDS shall be responsible for requiring indemnification and insurance as it deems appropriate from its
employees recei�in� miteage allowance, agents, and subcontractors, if any, to protect GE MDS's and the City's
interests, and for ensuring that such persons comply with any applicable insurance statutes.
7. INSURANCE REQUIREMENTS
Certificates of public liability, casualty, and Worker's Compensation insurance shall be filed with the City
and will be subject to the City's approval both as to amount and as to adequacy of protection. The
Proposer shall make atl payments in accordance with unempioyment, other insurance and social security
provisions of the federal, state, and municipal governments and att other governing bodies, pursuant to
laws made and provided for that purpose, whether enacted at the time of or prior to the execution of the
contract or during the progress of the work hereunder, and shall assume all liability for the compliance with
the requirements thereof.
GE MDS shall, at his own expense, procure and maintain satisfactory public liability and casualty insurance to
adequately protect himself and the City against damages for personal injury, including death, which may arise
from operations under this contrad, whether such operations are by himself or by his subcontractor, or anyone
� directly or indirectly employed. GE MDS shalt, at his own expense, procure and maintain adequate Workers
Compensation insurance in any amount satisfactory to the City and sufficient to protect all parties for any claims
under the Workers Compensation Law.
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 3 of 39
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• GE MDS shall provide and maintain, until the work covered in the contract is completed and accepted by the City
of Wichita Falls, the minimum insurance coverage as follows:
➢ Commercial General Liability insurance at minimum combined single limits of:
AMOUNT COYERAGE
$2,000,000.00 GeneralAggregate
$1,000,000.00 Product/Completed Operations
$1,000,000.00 Personal and Advertising Injury
$500,000.00 Each Occurrence
S50,000.00 Fire Damage
$5,000.00 MedicalExpenses
➢ Coverage for Products/Completed Operations must be maintained for at least two years
after the work is completed. Coverage must be written on an Occurrence Form.
➢ Worker's Compensation Insurance at statutory limits, induding Employer's Liabitity
coverage at minimum limits of per occurrence $500,000 each accident, $500,000 by
disease per occurrence, and aggregate by disease of $500,000.
➢ Commercial automobile liability insurance at minimum combined single limits of $500,000
per occurrence for bodily injury and property damage, includin� owned, non-owned, and
hired car coverage.
• With reference to the foregoing insurance requirement, GE MDS shall specifically endorse applicable insurance
policies as follows:
➢ The City of Wichita Falls shall be named as an additional insured with respect to general
liability and automobile liability.
➢ All tiability policies shall contain cross liability and severability of interest clauses.
➢ A waiver of subrogation in favor of the City of Wichita Falls shall be contained in the
Worker's Compensation insurance policies.
➢ Alt insurance policies shall be endorsed to require the insurer to immediately notify the
City of Wichita Falls of any material change in the insurance coverage.
� Atl insurance policies shall be endorsed to the effect that the City of Wichita Falls will
receive at least 60 days notice prior to cancellation or termination of the insurance for any
reasons other than non-payment of premiums.
All insurance shall be purchased from an insurance company that meets the following requirements:
➢ A financial rating from BEST Rating Company acceptable to the City's Finance Director.
➢ Licensed and admitted to do business in the State of Texas.
All insurance must be written on forms filed with and approved by the Texas State Board of Insurance.
Certificates of Insurance shalt be prepared and executed by the insurance company or it's authorized agent and
• shall contain provisions representing and warranting the following:
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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� ➢ The company is licensed and admitted to do business in the State of Texas and is a
subscriber to the State Guaranty Fund.
➢ The insurance set forth by the insurance company is underwritten on forms that have been
approved by the Texas State Board of Insurance.
➢ The Certificates of Insurance set forth all endorsements and insurance coverage according
to requirements and instructions contained herein.
➢ The Certificates of Insurance shall specifically set forth the notice of cancellation or
termination provisions to the City of Wichita Fatls.
Upon request, GE MDS shall furnish the City of Wichita Fatls with certified copies of all insurance policies.
Workers' Compensation Insurance Covera$e.
Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of authority to self-insure issued by the commission,
or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a project, for the duration of the
project.
Duration of the project-includes the time from the beginning of the work on the project until the
contractors/person's work on the project has been compteted and accepted by the governmental entity.
• Persons providing services on the project (subcontractor' in 55406.096)- inctudes all persons or entities performing
atl or part of the services the contractor has undertaken to perform on the project, regardless of whether that
person contracted directly with the contractor and regardless of whether that person has emptoyees. This
indudes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services
on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not indude activities
unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
➢ GE MDS shall provide coverage, based on proper reporting of dassification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401,.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
➢ GE MDS must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
➢ If the coverage period shown on GE MDS' current certificate of coverage ends during the
duration of the project, GE MDS must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
➢ GE MDS shall obtain from each person providing services on a project, and provide to the
governmental entity:
A. A certificate of coverage, prior to that person beginning work on the project, so the
• govemmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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• B. No later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate
of coverage needs during the duration of the project.
➢ GE MDS shalt retain all required certificates of coverage for the duration of the project and for
one year thereafter.
➢ GE MDS shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that materialty
affects the provision of coverage of any person providing services on the project.
➢ GE MDS shall post on each project site a notice, in the text, form and manner prescribed by the
Texas workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
➢ GE MDS shall contractually require each person with whom it contracts to provide services on a
project, to:
A Provide coverage, based on proper reporting of classification codes and payrotl
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for atl of its employees
providing services on the project, for the duration of the project;
B Provide to GE MDS, prior to that person beginning work on the project, a certificate of
• coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
C. Provide GE MDS, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
D Obtain from each other person with whom it contracts, and provide to GE MDS:
• A certificate of coverage, prior to the other person beginning work on the
project; and
• A new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during duration of the project;
E. Retain all required certificates of covera�e on file for rhe ��ration of the project and
for one year thereafter;
F. Notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
G. Contractually require each person with whom it contracts, to perform as required by
paragraphs 1- 7, with the certificates of coverage to be provided to the person for
whom they are providing services.
• By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the govemmental entity that all employees of the contractor who will provide services on the
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 6 of 39
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• project witt be covered by worlcers' compensation covera�e for the duration of the project, that the coverage will
be based proper reporting of classification codes and payroll amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative
penatties, criminal penalties, civil penalties, or other civit actions.
The contractor's faiture to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to dedare the contract void if the contractor does not remedy the
breach within 10 days after receipt of notice of breach from the governmental entity.
H. LIMITATION OF LIABILITY
The total aggregated liability of GE MDS, on all claims of any kind, whether in contract, warranty,
indemnity, tort (including negligence), strict liability, or otherwise, arising out of or related to this
Agreement, its performance or breach, or from use of any Equipment shall not exceed the total purchase
price as described in Section 14 of this Agreement.
In no event, whether as a result of breach of contract, warranty, tort (including negligence), strict liability,
indemnity, or otherwise, shall GE MDS or its subcontractors or suppliers be liable for loss of profit or
revenues, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute
Parts, facilities, services or replacement power, downtime costs, claims of the City's customers for such
damages, or for any special, consequential, incidental, indirect or exemplary damages.
If GE MDS furnishes the City with advice or assistance concerning any Equipment, systems or work which is
• not required pursuant to this Agreement or any mutually agreed written specification, the furnishing of
such advice or assistance will not subject GE MDS to any liability, whether in contract, indemnity, warranty,
tort (including negligence), strict liability or otherwise.
The City waives rights of recovery against GE MDS, whether the City's daim is brought under breach of
contract, indemnity, warranty, tort (including negtigence), strict liability or otherwise, for loss or damage
to the property of the City to the extent such ctaim is covered by insurance maintained by the City.
For the purposes of this Section the term "GE MDS" shatl mean GE MDS, its affitiates, subcontractors and
suppliers of any tier, and their respective agents and employees, whether individually or collectively.
The provisions of this Section shall prevail over any conflicting or inconsistent provisions contained in any of
the documents comprising the agreement between the City and GE MDS, excQpt to the extent that such
provisions further restrict GE MDS's liability.
9. SURETY BONDS
With the execution and delivery of this Agreement, GE MDS shall furnish and file with the City in the
amounts herein required, the surety bonds specified hereunder. Without exception, the City's bond forms
must be used, and exclusive venue for any lawsuit in connection with such bonds shall be specified as the
county in which the City's principal office is located. Such surety bonds shall be in accordance with the
provisions of Chapter 2252 Texas Government Code, as amended. These bonds shall automatically be
increased by the amount of any change order or supplementat agreement, which increases the contract
price with or without notice to the surety, but in no event shall a change which reduces the contract
• amount reduce the penal amount of such bonds.
A. Performance Bond. A good and sufficient bond in an amount not less than 100 percent of the
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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• approximate total amount of this Agreement less the value of laptops purchased through GE MDS,
as evidenced by the proposal tabutation, guaranteeing the full and faithful execution of the work
and performance of this Agreement in accordance with the plans, specifications and contract
documents, including any extensions thereof, for the protection of the City.
B. Payment Bond. A good and sufficient bond in an amount not less than 100 percent of the
approximate total amount of this Agreement less the value of laptops purchased through GE MDS,
as evidenced by the proposal tabulation, guaranteeing the fult and proper protection of all
claimants supplying labor and material in the prosecution of the work provided for in this
Agreement and for the use of each claimant.
C. Sureties. No sureties shall be accepted by the City who are now in defautt or detinquent on any
bonds or who are interested in any litigation against the City. All bonds shall be made on forms
furnished by the City and shall be executed by not less than one corporate surety authorized to do
business in the State of Texas and acceptable to the City. Each bond shall be executed by GE MDS
and surety.
GE MDS will procure and provide the City of Wichita Falls with a Payment and Performance bond in the amount of
the Agreement price.
The City will require GE MDS to furnish a bond coverin� the performance of this Agreement and the payment of
GE MDS obligations arising therein. The bond shall be purchased from an agency with a financial rating from
BEST Rating the City acceptable to the City's Finance Director, and Licensed and admitted to do business in
the State of Texas.
• ') O. LIQUIDATED DAMAGES
The City and GE MDS agree the services described in Exhibit A, "Statement of Work" will require 400
working days to complete from the first date that GE MDS begins installation under this Agreement. This is
referenced as project schedule in Appendix E. If GE MDS fails to deliver and install the equipment by the
completion date indicated above, the parties understand and hereby agree that the amount of $500 per day
shall be deducted from the monies due GE MDS until such time GE MDS has completed the required work or
for a period of up to but not exceedin� 180 days GE MDS for each intervening calendar day any work
remains incomplete, not as a penalty, but as liquidated damages. However, GE MDS shall not be liable if
failure to perform arises out of causes beyond the reasonable control of GE MDS and without the fault or
negligence of GE MDS
Any delays that occur in the project that are not directly attributabte to lack of performance by GE MDS
shall cause the schedule to be increased by exactly the amount of time in the delay and without
penalty of liquidated damages.
'I 'I . $YSTEM DEVELOPMENT AND DELIVERY
A. System Specifications: GE MDS agrees to provide Wichita Falls with a mobile communication
system, including both hardware and software that satisfies the specifications described in the
Statement of Work. GE MDS will provide all of the following:
(1) The Computer Hardware described in the SOW, which is described in Exhibit A.
• (2) The Software described in the SOW, which is described in Exhibit A.
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• (3) Such other items as may be reasonably necessary for GE MDS to complete the
imptementation of the System.
B. Project Imptementation Plan: GE MDS will develop a Project Implementation Timeline that complies
with the requirements described in Exhibit E. Once agreed to and accepted by Wichita Falls, this
will become the controlling document to define the technical and manageriat project functions.
C. City Design Review: Immediately fotlowing the effective date of this agreement, GE MDS and the
City shall jointly work on completing the City Design Review as described in the Statement of Work.
The City and GE MDS shall jointly and immediately begin the process of obtaining the ri�ht to use
all proposed sites as well as the necessary permits and approvals to use the proposed sites as set
forth in Section 3 of this Agreement. The City is ultimately responsible for providing adequate City-
owned or leased property for the proposed system. Upon completion of the City Design Review and
approval, in writing, by GE MDS and the City, GE MDS shatl then proceed with the ordering,
assembly, integration, staging, detivery, installation, optimization, and testing of the System.
D. Integration Services: GE MDS shall provide Integration Services to Buyer for the integration of the
System. The parties shatl develop a mutually agreed upon list of Integration Services which shall be
attached hereto as Appendix A.
E. Delivery, Storage and Staging: GE MDS is responsible for the delivery of all computer hardware as
defined in Appendix B, the storage of such computer hardware, and the staging of the
implementation of the computer hardware at alt of the Wichita Falls Sites except for laptops. The
laptops witl the shipped to the Wichita Falls and the City will assume title and ownership for the
• laptops upon delivery and inspection.
F. Monthly Status Meetings and Reports: GE MDS personnel shall meet on site with Wichita Falls
representatives no less than once a month to review the performance under this Agreement.
(1) GE MDS shall submit monthly status reports to Wichita Falls upon the tenth business day of
each month during the term of this project, which reports will indude, at a minimum,
progress and status of work being performed under the terms of this Agreement, Milestones
attained, and any problems or delays in performance.
(2) If any delay is reported, GE MDS's report will additionally state the reason for the project
delay, the corrective actions that are available and corrective action taken by GE MDS, and
any proposed modification of the Project Schedule or either SOW.
(3) Additionally, should GE MDS's financial ability to complete the terms of this Agreement be
at risk, GE MDS's report will contain information re�ardin� such financial problems. For
purposes of this subsection, "at-risk" means that a reasonable person would conctude that
the financial problem ptaces GE MDS's fulfillment of GE MDS's obligations under this
Agreement in jeopardy.
G. System Acceptance
(1) Acceptance Test Criteria - Wichita Falts' MDCS will be designed to achieve successful
uploading and downloading of data communications from the mobile computer throughout
• at least 95% of the geographic boundaries of the City of Wichita Falls. The MDCS will also
be guaranteed to experience uptime of alt major system level components at least 95% of
the time. Major system level components include: the wireless infrastructure, message
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• switch/servers, related software and routers as set out here. In the event sites are
unavailable or for any other reason mutually agreed to by both parties, coverage area may
be amended.
(2) GE MDS will develop, in consultation with and subject to the approval of Wichita Falls, an
System Acceptance Test Plan (Exhibit B) reasonably detailing the scope of testing and
acceptance procedures for Pilot Testing (as detailed in GE MDS response to RFP),
reasonabte preliminary systems testing for each subsystem (indudin� installations at each
Wichita Falls Site), integration of the subsystems and integration of the connectivity
between the Wichita Falls Sites, System interfaces, and the System as a whole.
(3) In addition, a Test Plan is to demonstrate that the System meets the System Specifications.
GE MDS shall manage the acceptance test and shall perform all tasks set forth in the Test
Plan.
(4) The System Test Plan, before final acceptance, shall indude Coverage Tests using a drive
by test method of selected test locations. Once completed, the System Test Plans will be
attached to this Agreement as Exhibit B. Wichita Falls witl provide a signed "Final
Acceptance Certificate" to GE MDS upon the completion of each site instaltation.
(5) Punchlist Items: The City and GE MDS agree that in the process of completing the
Acceptance Test Plan and the 60 day reliability period, a few Minor "punch tisted" items
requiring resolution that do not affect system performance, or safety, or impact final
system acceptance will be discovered. As these occur and are identified, the City and GE
. MDS will review the list of minor issues to determine if System Acceptances can be
achieved prior to completion of the punch listed items accrued from previous tests. If the
City and GE MDS mutually agree that System Acceptance can proceed, the City and GE MDS
shall mutually (and reasonably) agree in writing upon the punchlist items to be completed
and the value of those items. For the purpose of initiating the Warranty Period, satisfying
the Project Imptementation Schedule requirements and the release of payments (other
than the value of the punchlist items), the Acceptance Tests and 60 day Burn-in period
requirements (other than the punch-listed items) shall be deemed satisfied and completed.
This shatl not, however, release GE MDS from its obligations to diligently comptete the
remaining punch-listed items on the punchlist schedule.
H. Reliability Period - For a period of 60 days immediately following cutover to live operations, the
system witl enter a reliability period designed to ensure system reliability. During that period, any
failure listed below lasting for more than 4hours will be cause for restarting the 60-day period (and
thus delaying final payment to GE MDS per Section 14):
• Loss or failure of any ring or spur site
• Loss of any point-to-point communication link between ring and/or spur sites
• Exclusions: Faiture caused by Acts of God, Acts of Terrorism, Law or Ordinance
Nonconformance or any Willful, Ne�ligent, Accidentat Act , Network Failure, System
Software fai(ure of the City or the City's employees is excluded from this contract.
•
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• NOTE: The term "loss" refers to a failure, outage, destruction, or impaired operation resulting in
degraded performance that places the citizens or City personnel at a higher risk level that exists
under normal system operation.
(1) Disputes on Acceptance:
a. GE MDS and Wichita Falls will attempt to settle any claims from this Agreement
through consultation and negotiation in good faith.
b. It is understood by GE MDS and Wichita Falls that this system is meet or exceeds
95% of the coverage area as defined in Exhibit C. This coverage area is jointly
accepted by both parties at the time of contract execution. There are
circumstances well outside the control of GE MDS that may result in coverage of
less than 95% of the area defined in Exhibit C; namely zoning restrictions and/or
FCC licensure. In the event that any circumstance outside the control of GE MDS
(induding but not limited to zoning and FCC ticensure) resutt in less than 95%
covera�e of the area defined in Exhibit C, then GE MDS and the City shall jointly
work together to either define a new acceptable coverage area or define
additional or alternative sites that may increase the coverage area. If all sites are
available and used in project deployment and covera�e of 95% is not met, and no
other issues outside of the control of GE MDS prevent successful deployment of
network, then:
1. GE MDS and the City shall jointly agree on a substitute coverage
• area (to be attached by addendum to this contract via written
agreement by both parties). If coverage performance fails to
meet 95% of the last and final version of the coverage area, which
results in Wichita Falls reasonably refusing to accept the system,
it will be the responsibitity of GE MDS, at Wichita Falls' discretion,
to perform additional tests to determine the extent of the
coverage problem areas. These tests will not be counted as part
of the standard coverage tests and will be performed at no
additional cost to Wichita Fatls. If a problem area represents
more than 5% of the last and final version of the coverage area, it
will be GE MDS's responsibility, at Wichita Falls' discretion, to
correct such coverage problems, perform and pass additional
coverage acceptance tests at no additional cost to Wichita Falls,
or
2. The City and GE MDS �rvill follevv the procedures outlined in Section
5, "Unavailable Sites" to ensure the originally agreed-upon
coverage area.
c. In the event the City elects to terminate this Agreement due solely to GE MDS'
failure to successfully complete the Coverage Acceptance Test Plans then: (i) GE
MDS shall be required to refund to City any and all payments made to GE MDS by
City under this Agreement other than payments for site preparation work (for
those sites which the City plans to use in the future installation of a mobile data
• system), all laptops and for items of Hardware retained by the City; and (ii) the
City shall return all other items of Hardware to GE MDS that the City does not want
to retain.
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 11 of 39
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• (2) Termination For Convenience: In the event: i the Cit '
() y is unable to obtain fundmg for the
Project, or (ii) the City subsequently loses the funding for the Project, or (iii) the tower
sites identified in the Statement of Work are unacceptable or unavailable, and
replacement sites with suitable soil conditions and providing the required coverage cannot
be found and the City Design Review cannot be completed and mutually agreed upon by
the City and GE MDS, either party may terminate this Agreement for convenience upon
fifteen (15) days written notice to the other party. The receiving party will, upon receipt
of the notification of termination for convenience by the other party, take all reasonable
steps to mitigate and minimize termination costs including the immediate issuance of stop
work orders, in writing, to its subcontractors and notifying subcontractors of the
termination of the Agreement. The City shalt be liable to GE MDS for verifiable Hardware
and services costs incurred prior to the date of receipt of the notice to terminate for
convenience and for reasonabte and verifiable costs which may be borne by GE MDS in the
termination of subcontracts, removal of instaltation and test equipment, and other
verifiable costs directly related to an unforeseen and abrupt termination. The portions of
GE MDS's termination daim that are not disputed by the City shatl be paid within forty five
(45) days of receipt of GE MDS's request for reimbursement. The City shall provide written
notice to GE MDS of its dispute of any verifiable costs in GE MDS's termination daim (and
the reasons, in reasonable detail, for such dispute) within forty-five (45) days after receipt
of GE MDS's termination claim.
(3) Operations Manual: Manuals as supplied by OEM's and subcontractors to GE MDS will be
provided to Wichita Falls. At a minimum this shall include, one manual per mobile data
• computer unit and five (5) extra copies. GE MDS shall furnish three sets of "as built"
drawings and maintenance manuals for each site where work is performed within 30 days
after completion of instatlation.
(4) System Documentation: Manuals as supplied by OEM's and subcontractors to GE MDS will be
provided to Wichita Falts and will become part of the training manuals referenced herein.
'I Z. WARRANTIES AND GUARANTEE OF PERFORMANCE
A. As supplied by OEM's and subcontractors to GE MDS, copies of all such warranties shall be provide to
Wichita Falls.
(1) Hardware Manufacturer Warranties and Maintenance: GE MDS hereby assigns to the extent
legally permissible all warranties and guarantees provided by manufacturers of all
Computer Hardware under their agreements.
(2) Software Pubtisher Warranties and Maintenance: GE MDS hereby assigns to the extent
legally permissible all warranties and guarantees provided by the publishers of all Software
under their agreements.
B. GE MDS represents, covenants, and warrants that the Services will be provided in a professional,
good and workman like manner, consistent with reasonable industry practices and standards.
'I 3. MAINTENANCE AND $UPPORT
• A. The MDCS as an integrated unit (not including application software, i.e. CAD, RMS, etc), shall
perform at the same tevel as required to pass acceptance testing for a minimum period of one (1)
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� �
• year, or the vendor shall repair or replace system components to return it to the required level;
this done at no additional cost to the Wichita Falls. The warranty period begins at the conclusion
and upon written signature of successful completion of all acceptance and coverage testing.
Wichita Falls witl provide a signed "Final Acceptance Certificate" to GE MDS upon completion of
each site installation.
B. During the warranty period, GE MDS will offer Maintenance support and response to svstem level
failures (which include: wireless infrastructure, message switch/server, and routers) as follows:
(1) Available 24 hours, 7 days per week, with a maximum (8 hours) hour response time for any
critical system levet component failure (those components whose failure would result in
loss of the infrastructure or affect operational availability of the entire system)
(2 j Once service is requested, GE MDS may refer the actual service functions to appropriate
vendors that have technicians on call 24 hours per day for duration of warranty period.
(3) Following corrections of system levet failures, the appropriate vendor shatl provide the City
with a written report (within 5 business days) identifying the nature of the failure,
corrective action taken, and the length of time required to restore normat equipment
operation. GE MDS will insure that atl sub-contractors are obligated to these report
response times. For purposed of this agreement System level failures shall be defined as a
failure of equipment or service provided by GE MDS which results in entire system being
rendered inoperable.
• (4) GE MDS will provide a listing of its own program management and technical support
personnel, and any other vendors that will be offering system and/or component level
support during all warranty periods. This will include office telephone numbers, emergency
telephone numbers, pager and cellular phone numbers.
(5) GE MDS will ensure all maintenance firms have sufficient parts inventory, equipment, and
certified employees to maintain systems.
C. Coverage Warranty: Notwithstanding the other provisions of this Section GE MDS's only warranties
as to radio coverage is that the System, prior to execution of Final Acceptance, shalt have
successfully passed the coverage tests of the Acceptance Test Plan as provided in Exhibit B. As
coverage deficiencies are reported during the warranty and subsequent maintenance program, GE
MDS will utilize its best efforts to diagnose and correct the coverage deficiencies as they occur.
Effective resotution may include, hardware and software analysis and/or identification of
environmental interference outside the control of GE MDS. Requests for service provided by GE
MDS under this section vvill not sat�sfy any other ��gular ar� r�,ut��e seivices s�eciiied in the
warranty agreement.
D. Discontinued Models: If GE MDS, at its etection, replaces a model of Hardware with a new model
within ten years of the date of this contract, the City may (at its choice): (1) purchase the new
Hardware model from GE MDS (and associated Software) and accessories at a 25% reduction from
the then-current list price, or (2) purchase the old Hardware model (and associated Software) and
accessories at a 50% reduction from the then-current list price.
• The City and GE MDS recognize that two models of radio hardware are available for purchase with
this agreement. At some point in the installation process, the City will need to select between the
INET 2 radio and the Mercury radio. At the city's sole discretion, the city can purchase either the
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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• INET 2 or the Mercury radio at a unit price of $1,700 per remote radio and $2400 per Access Point
radio.
E. Post-Warranty Maintenance and Support: When GE MDS starts deploying equipment, GE MDS shall
provide a method for the City to obtain post-warranty, ongoing, annually-renewable maintenance
or support contracts for all 3� infrastructure components (such as antennas, microwave
backhaul systems, routers, Ethernet switches, etc) by either of the following options:
(1) By GE MDS directly offering, or offering thru its subcontractor, annual maintenance
contracts to the City for these 3` party components whereby GE MDS or its subcontractor
shall act as a single, central support contract manager and agent between the City and
each of the 3` component vendors on the City's behalf, or
(2) By GE MDS providing to the City with a matrix of all OEM factory warranty and contact
information necessary to establish separate annual support/maintenance contracts directly
between the City and each respective 3� vendor involved.
'I4. CONSIDERATION FOR SERVICES AND PAYMENT PROVISIONS
A. Mobile Data System: GE MDS will sell the Computer Hardware and Software to Wichita Falls under
this Agreement for an amount of $ 3,611,203.40 (See Exhibit D for an itemized cost proposal).
PercentaQe of Pavment Deliverable
10% Upon contract signing
• 10% Installation and configuration of a test environment
40� Completion of all installations
��� Completion of all training
10% Completion of ATP and Coverage Testing
20� Completion of 60 day reliability period
The City will pay GE MDS for 95% of the cost of laptops, hand-held devices and printers within 30
days of the date of delivery. The final 5% of the cost of the items above wilt be added to the
"Completion of ATP and Coverage Testing" payment milestone above. Title for laptops and
handheld devices shall transfer completely to city at time of delivery however and is in no way
impacted by payment holdback.
B. Taxes: Wichita Falls is exempt from state and locat taxes, and witl provide an exemption
certificate, if available, or identify the statute providing for such exemption.
�. Payment Ter,rs: All amounts du2 and payable under this Agreznent to GE MDS wilt be paid by
Wichita Falls within thirty (30) calendar days of receipt of a properly submitted invoice from GE
MDS.
(1) Packing slips and other shipping documents will accompany each invoice so the City can
enter items into an inventory system. The invoice and packing slips will show:
a. Name and Address of Receiver
b. Location or Site Detivered to
• c. Purchase Order Number
d. Complete Description of Contents, including:
(i) Equipment Model Number
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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• (ii) Quantity
(iii) Serial Numbers
(iv) Number of Containers
(2) An invoice that does not include this information is not due and payable until all of the
required information has been provided.
(3) In the event GE MDS receives payment for services under this contract that are later
disallowed, GE MDS shall promptty refund the amount, or upon Wichita Fatls' request, may
offset the amount from any payment due.
(4) All shipping and delivery should be FOB the City of Wichita Falls. It shatl be shipped to a
mutually agreed location and GE MDS wilt assume alt risk for the equipment until
possession and title is passed to Wichita Falls.
D. Special Terms and Conditions Applicable to Computer Hardware
(1) In addition to the terms and conditions of this Agreement regarding GE MDS's provision of
the System, the following terms and conditions apply when GE MDS provides Computer
Hardware under this Agreement. These terms are in addition to the other terms of this
Agreement and will not abrogate, limit, or otherwise override GE MDS's obligations to
provide the System meeting the requirements described in Exhibit A Statement of Work.
(2) Costs Associated with Computer Hardware: All hardware shall be insured for its full value
• until the installation of the Computer Hardware and final acceptance of the system.
(3) Passage of Title or License: Except as otherwise stated herein, titles and/or licenses for
all Computer Hardware shall pass to Wichita Falls on Final Acceptance by Wichita Falls.
These are subject to the terms and conditions set out by OEM's. Titles and/or licenses to
laptops shall pass to Wichita Falls in accordance with Section 11.E. above.
(4) Risk of Loss: GE MDS will retain risk of loss for the Wireless Hardware until the "Final
Acceptance Certificate" for each site is issued by Wichita Fatls final payment.
(5) Production Status: All Wireless Hardware shall be the standard products product of
manufacturers regularly engaged in the production of such Wiretess Hardware. The
Wireless Hardware shall be new, manufactured from new parts and consist of the
manufacturers latest design generally available at the time of order.
(6) Acceptance: The Wireless Hardware witl not be accepted until final acceptance �f each
site installation the system from GE MDS by Wichita Falls.
(7) Wireless Hardware Features, Conversions, and Upgrades: The terms and conditions
applicable to the sale and installation of any Computer Hardware feature, conversion, or
upgrade shall, if not provided for in this Agreement, be negotiated by Wichita Falls and GE
MDS.
E. Special Terms and Conditions Applicable to Software
. (1) Provision of Software: GE MDS will obtain for Wichita Falls direct end-user licenses for the
Software from Software providers that witl (a) be non-exclusive, perpetual licenses; (b)
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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• permit use by all of Wichita Falls' employees, agents (including any independent
contractors) and sub-contractors; (c) be irrevocable except upon any action by Wichita
Falls of reverse engineering or intentional improper redistribution.
(2) Source Code / Escrow Management: GE MDS's witl utilizes an escrow company of Data
Security Internationat, Inc. (D.S.I.] to hold a copy of the software source code. GE MDS will
designate Wichita Falls as the beneficiary, so that if a release condition occurs, D.S.I. will
assign all rights to Wichita Falls. Escrow fees are included in the price Wichita Falls paid
to GE MDS.
a. Release conditions include, if GE MDS, whether directly or through a successor or
affiliate, shall cease to offer support services for the software, or GE MDS should
be declared bankrupt or insolvent by a court of competent jurisdiction, subject to
federal law, or if GE MDS discontinues support of the then-current version of GE
MDS software provided under this Agreement, or if GE MDS breaches its
maintenance obligations under the Agreement and does not remedy such breach
within thirty (30) days after written notice from Wichita Falls referring to this
paragraph, Wichita Falls shall have access to the source code either directty from
GE MDS or from the Escrow Agent listed below:
Data Securities International, Inc. (D.S.f.)
425 California Street, Suite 1450
San Diego, California 94104
• (or other such escrow house agreed by the parties)
b. Under no circumstances does GE MDS relinquish it's intellectual property rights.
F. GE MDS Provided Training. As additionat consideration for Wichita Fall's payment under Section 14,
GE MDS shall provide hands-on training and appropriate number of training manuals for Wichita
Falls's personnel in the operation of the System. The description, number, and the times of the
training courses that will be provided by GE MDS are set forth in the SOW.
15. PROJECT CHANGE REQUESTS
A. Either Party may request a change to this Agreement (including all Exhibits and Attachments
hereto). A written change request ("Project Change Request" or "PCR") describing the change
requested will be promptly submitted if requested by the other Party. Wichita Falls and GE MDS
will review the PCR and either mutually approve it for further analysis or reject it. Any party may
reject the PCR after any further analysis.
B. The analysis will determine the effect that the implementation of the change will have on the
scope, as well as the price, schedule, and other terms of this Agreement. If GE MDS must make
changes in its design or implementation to enable the System to meet the System Specifications,
such changes will be made at no cost to Wichita Falls. If the change is approved, a written change
authorization, detailing all modifications to the scope, price, schedule, or other terms (a "Change
Authorization"), wi(l be prepared. Both Parties must sign the Change Authorization to authorize
the work described therein and incorporate the changes into this Agreement.
• 16. CONFIDENTIALITY
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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i �
• A. Confidential Information: Both parties acknowtedges that, for purposes of this Agreement, both
parties will be providing to each other certain non-public and proprietary information that is
confidential and that shall be dearly marked as such ("Confidential Information"). Any of either
parties information that are not generally available to the public, induding, but not limited to,
consisting of or relating to police records, fire records or court records, shall be deemed to be
Confidential Information provided, however, that neither party may not disclose any non-public
police, fire or other information that cannot be disdosed under applicable law.
B. Protection of Confidential Information: Both parties witl use the same care and discretion to avoid
disclosure, publication or dissemination of Confidential Information as it uses with its own
confidential information.
C. Either party may disclose Confidentiat Information:
(1) To its employees and employees of its subsidiary companies who have a need to know for
purposes relating to this Agreement;
(2) To any other Party with prior written consent of the disclosing party; or
(3) To the extent required by law or a valid order of a government agency, Congressional
subcommittee, or court of competent jurisdiction, provided, however, that disdosing party
gives the other party prompt notice such that other party may seek a protective order.
Submission of any requested documents for In Camera Inspection is not a breach hereof.
• D. Neither party will have no obligation to the extent that Confidential Information:
�1) Is, at the time of disclosure or thereafter, in the public domain;
(2) Nas been disclosed by the disclosing party to others without any obligation of
confidentiality;
(3) Was known by the other party at the time of disctosure without any obligation of
confidentiality; or
(4) Was developed independently by the other party.
'I 7. OTHER COVENANTS Et REPRESENTATIONS
A. Authority: Each Party hereby represents, covenants, and warrants that as of the Effective Date it
has full power and authority to enter into and to perform this Agreement.
B. Organization: Each Party hereby represents, covenants, and warrants that as of the Effective Date
it is duly organized, validly existing, authorized to do business and in good standing in all applicable
governmental jurisdictions in which the failure to so qualify would have a materially adverse effect
on such Party's ability to perform its obligations hereunder.
C. Title and Right to Transfer Products: GE MDS represents, covenants, and warrants that it has clear
title to and the right to setl or license the Products to be delivered hereunder.
• D. GE MDS's Default: In the event of a material breach of this Agreement by GE MDS which shall
continue for ninety (90) or more days after written notice of such breach (including a reasonably
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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• detailed statement of the nature of such breach) shalt have been given to GE MDS by City, City
shall be entitted to avail itself cumulatively of any and all remedies available at law or in equity
(provided such remedies are not otherwise limited under the terms of this Agreement) which shall
include, at City's option, either: (1) to suspend performance of its payment obligations under the
Agreement for as tong as the breach continues uncorrected; or (2) to terminate this Agreement by
written notice to GE MDS if the breach remains uncorrected. Upon termination, the City may
recover from GE MDS actual damages not to exceed the amounts previously paid to GE MDS by City
under cost of completing this Agreement less any amounts previously returned by GE MDS to the
City.
E. City Termination: In the event the City elects to terminate this Agreement as provided in Section
8(a) above (failure to successfully complete the Acceptance Test Plans) then: (i) GE MDS shall be
required to refund to City any and atl payments made to GE MDS by City under this Agreement
other than payments for site preparation work (for those sites which the City plans to use in the
future installation of a trunked radio system) and for items of Hardware retained by the City; and
(ii) the City shall return atl other items of Hardware to GE MDS that the City does not want to
retain.
F. City's Default: In the event of: (1) any failure by City for thirty (30) or more days to make any
undisputed payment when due, or (2) any other material breach of this Agreement by City which
shall continue for ninety (90) or more days after written notice of such breach (including a
reasonably detailed statement of the nature of such breach) shatl have been given to City by GE
MDS, GE MDS shall be entitled to avail itself cumutatively of any and all remedies available at law
• or in equity (provided such remedies are not otherwise limited under the terms of this Agreement)
which shall inctude, at GE MDS's option, either: (1) to suspend performance of its obligations under
this Agreement for as long as the breach remains uncorrected; or (2) to terminate this Agreement
by written notice to City if the breach remains uncorrected.
18 . Pua�iurr
Nothing contained in this Agreement shall be construed to confer any right to use in any manner any name,
trade name, trademark, or other designator of either Party without the express written consent of such
Party. GE MDS shall not publicize this Agreement's existence or refer to Wichita Falls in promotion or
publication without Wichita Falls prior written consent. Neither party shall not disctose the terms or
conditions of this Agreement without the prior written consent of the other party.
19 . FEDERAL GRANTS REQUIREMENTS
INTENTIONALLY LEFT BLANK
ZO. TAX CERTIFICATION AND OFFSET OF OTHER DEBTS AGAINST CITY
GE MDS hereby certifies that it is not delinquent in the payment of any taxes owed to Wichita Falls. If this
certification is subsequently determined to be false, such false certification shall constitute grounds for
termination of the Agreement at the option of Wichita Falls. Furthermore, GE MDS agrees that Wichita
Falls is entitled to counterclaim and offset against any debt, claim, demand, or account owed by Wichita
Falls to GE MDS, pursuant to this Agreement, for any debt owed to Wichita Falls, other than for arrearage
of taxes which are governed by this Section. Wichita Falls may withhold, from payment under this
• Agreement, an amount equal to the total amount of debts owed to Wichita Fatls by GE MDS, exctuding
arrearage of taxes which are governed by this Section. Wichita Falls may apply the amount withheld to the
debts owed to Wichita Falls by GE MDS until said debts are paid in full. It is specifically agreed that no
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
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, .
. taxes shalt ever be owed by GE MDS to Wichita Falls for any property which is the subject of, or related to,
this Agreement. For the avoidance of doubt, Wichita Falls shall not be entitled to offset any counterclaim
or offset against any debt, claim, demand, or account owed by Wichita Falls to GE MDS for any debt owed
to Wichita Falls by any subsidiary or affiliated company of GE MDS.
2') . MISCELLANEOUS PROVISIONS
A. Venue: The obligations and undertakings of each of the parties to this Agreement shall be
performed in Wichita County, Texas.
B. Choice of Law: This Agreement is governed by the laws of the State of Texas.
C. Entire Agreement: This Agreement constitutes the entire contract between Wichita Falls and GE
MDS, and alt negotiations and atl understandings between the Parties are merged herein. The
terms and conditions of this Agreement specifically replace and supersede any prior discussions,
terms, documents, correspondence, conversations, or other written or oral understanding not
contained herein or specifically adopted by reference.
D. Section Headings: Section headings are provided for reference purposes only, and are not to be
deemed to constitute part of this Agreement.
E. Partial Invalidity: If any term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired, or
• invalidated.
F. Survivat: Any provisions which by their terms survive the termination of this Agreement shall bind
the Parties, and their legal representatives, heirs, and assigns as set forth herein.
G. Assignment: Neither Party shall sell, assign, transfer, convey, or encumber this Agreement or any
right or interest therein or there under, or suffer or permit any such assignment, transfer, or
encumbrance to occur by operation of law without the prior written consent of the other Party.
This Agreement witl inure to the benefit of and be binding upon the successors and permitted
assigns of the Parties hereto. No assignment shall relieve the assignor of liability hereunder.
H. Subcontractors: GE MDS shall remain tiable for obligations performed by Subcontractors to the
same extent as if a GE MDS emptoyee had performed such obligations, and for purposes of this
Agreement such work shalt be deemed work performed by GE MDS. Subcontractors shall include
Comtex and PCS and any provider of extended warranties.
I. Amendments: This Agreement can be supplemented and/or amended only by a dated written
document executed by both parties.
J. Multiple Copies: This Agreement may be executed in multiple counterparts each of which
constitutes an original.
K. Misspelled Words: Misspetling of one or more words in this Agreement shall not vitiate this
Agreement. Such misspelled words shall be read so as to have the meaning apparently intended by
. the parties.
CITY OF WICHITA FALLS, TEXAS
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MOS, LLC Page 19 of 39
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• By _
City Man �
I aoa�
Date Si ned
ATTEST:
. �
City Cler
APPROVE AS TO FORM
Ft LEGALITY: .
City Attorney
GE MDS �
�. t
By:
I�- 1� �
Date Signed
ATTEST
•
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 20 of 39
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• LIST OF EXHIBITS
Exhibit A Statement of Work
Exhibit B Acceptance Test Plan ("Acceptance Test Plan" or "ATP")
Exhibit C Coverage Map
Exhibit D Pricing
Exhibit E Project Imptementation Schedule
�
�
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CIN OF WICHITA FALLS, TX AND GE MDS, LLC Page 21 of 39
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• EXHIBIT "A" - Statement of Work
IMPLEMENTATION PLAN
The following is the overview of the implementation plan that will be followed, reviewed and approved
as part of the written procurement contract between the City and GE MDS.
CONTRACT AWARD
The City and GE MDS execute the contract and the documentation is reviewed and signed by both
parties.
NOTICE TO PROCEED
Following award of the contract, the City will notify GE MDS in writing a notice to proceed with the
work under this contract.
GE MDS Responsibilities:
■ Assi�n a Project Manager, as the single point to contact with authority to make project
decisions.
■ Assign resources necessary for project implementatioi�.
■ Schedule the project start-up meeting with the City.
City's responsibilities:
■ Assign a Project Manager, as the single point of contact project approvals.
■ Assign other resources necessary to ensure completion of project tasks for which the City is
responsible.
■ Review GE MDS and the City's responsibilities.
� DESIGN REVIEW
This gate review is required as this defines the baseline for the system design and any deviations to this
will impact the system implementation and cost.
GE MDS Responsibi(ities:
• Review the functional requirements with the City.
■ Review the system design, Statement of Work, project schedule and Acceptance Test Plans.
■ Prepare equipment layout and establish demarcation points to define the connection point
between the City's supplied links and the GE MDS supplied equipment.
■ Prepare site survey evaluation.
City's responsibilities:
■ This wireless network solution proposed uses unlicensed frequencies for the mobility users
■ The City acknowledges that system performance and coverage issues may be experienced on
unlicensed frequencies. Future performance also may be affected as new systems may come on
line that could interfere with existing radio system operations.
• City to get approval of 4.9GHz licenses for the additional Backhaul sites.
■ Attend design aGaraval meetirg accordin� to the project schedute.
DESIGN APPROVAL
This milestone will result in the agreement between GE MDS and the City for the final design, after this
document is signed, the design is frozen.
SYSTEM INTEGRATION
This phase will be performed in Rochester, NY and allows readiness of equipment for factory
acceptance test and shipping.
• GE MDS Responsibilities:
■ Stage equipment according to system drawings and following recommendations of R56
standard.
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE C17Y OF WICHITA FALLS, TX AND GE MDS, LLC Page 22 of 39
Pages
• ■ Configure MDS equipment, Backhaul and networking equipment.
■ Load and configure middleware software to hardware server.
■ Optimize and pretest the system.
City's responsibilities:
• Provide the IP addressing scheme.
FACTORY ACCEPTANCE TEST
This milestone will test the functional specifications of a portion of the system.
SYSTEM INSTALLATION
This phase requires that the buildings are in a suitable condition for installation of communication
equipment.
GE MDS Responsibilities:
■ Provide storage locations. This shall be coordinated with the City.
■ Installation of the Ceragon 11 GHz links at each of the seven (7) Backbone ring locations.
■ Installation of Access point at each of the thirteen (13) locations.
■ Installation of the MOXA switches at each of the seven (7) Backbone ring locations.
■ Installation of the Intrepid 4.9 GHz radios and networking interface equipment at the proposed
six (6) spur locations.
■ Install the supplied equipment to the ground system following the recommendations of the R56
standard.
■ Instatlation of the server system in the communications center.
• ■ Installation of the computer equipment in the vehicles.
■ Installation of the radio equipment in the vehicles.
City's responsibitities:
■ Provide access to the sites as required.
■ Arrange for space on the tower for installation of the new antennas.
■ Arrange for space on the buildin� for installation of the new racks.
■ City will provide power £t a dedicated circuit breaker to each site that complies with regional
requirements.
■ Provide all necessary wall or roof penetrations on the buildin�s used t`or Access points.
■ City responsible for locating or welding a pole for antenna mounting to top of the towers if
applicable, as the city may be able to procure construction at a lower cost through Public
Works or the Water Department
■ Make vehides available for installation according to the schedule. GE MDS has induded up to 20
weeks of vehide installation services. If the vehide installation duration exceeds this period, a
change order to extend these se^✓ices may be req�2sted.
INSTALLATION REVIEW
All the installations are ready and accepted by the City.
SYSTEM ACCEPTANCE TESTING
This phase witl test the system according to the procedure reviewed and accepted by both parties. An
acceptance test plan is described in section 5 of this response.
• CUTOVER REVIEW
The City does not have any current data wireless network that will be affected by the functional
operation of the new wireless network. GE MDS will mutually develop with the City a cutover plan to
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 23 of 39
Pages
, ,
• mitigate any potential issues.
COMMISIONNING
This phase consist on the passing all the acceptance criteria resolved during the System Acceptance
Test phase. The City witt be required to approve the commissioning.
FINAL ACCEPTANCE
During this phase the project is accepted by the City.
GE MDS Responsibilities:
■ Provide the City with the details of the warranty and post warranty support. .
City's responsibilities:
■ Approve and accept the system.
•
�
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 24 of 39
Pages
� 7
• Exhibit B- Acceptance Test Plan ("Acceptance Test Plan" or "ATP")
Provided for:
The City ot Wichita Fa11s, Texas
By:
GE MDS
Part 1
�Nichrta Faifs Mabif� Qata Pioiect Pian and Schedu(e
• Part 2
DtivQ Test fCoveeaqe �`etificati�n�
Part 3
r�pt�licatian Testina
Part 4
F�nal Svsteni Acceptance Fom�
upda�a a tfss,��,
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 25 of 39
Pages
•
Introduction
Per requirerrtients ,�rovided by ;t�e City of LVtch�ta Fails a�d Fzr the GE "�1DS des�gn, the city witl prcvisscn 804
l.1Hz �cc�ss Points that provid� a neiwork of mobile d3ta coverage withsn itte aty �ours�ari�s. These boundaries
are int�rconnected v�a :he Backbane microwave and securzd ;hrough firewalls. Data interoperabality wi� aiia�r any
vehicle ta roam wiini� the caties 90� 0.4Hz co,:erage areas. In deliv�nng a�erformance covefage gri� and
caonside�ng the diversenESS af ;his �Qfincrk, c3r�ful ca�sid�ration in how �c-�ptar.ce-tEStir.g data is samF4�d is
nzcessary fo ensure the cove�age rep�rt p�rtr3ys a high Iev?I n` aacuracy to madel appfication perfermanc�e.
Scope and Deliverabte
The p�rpose of :he p�ac�dwes descnbed wi;hin this Projeet Plan and Testing Forrns ;P.arts 1- 4) are �� gathes
data !o creete � visual represe�ta6on of serv�cei�Fplicaticm ava�latri;riy a�d test app9icabon Rerfomnan:x. 3his
resutt witl show a perfom�ance grid compa�3ble to t3ie Tec�nical Service B:il:et�n TS6-�3�3. To meet the goal ot
9�% c;ty aoundary coverag�. data wilf n�ed to be c�=lected and an.�lyzed concerning radio per�ormaRCe ar►d
n�twmrk perfarmanc�. Rpptication tesfin8 wsll also be done to ens;�re fhe ciiy's agpFicaiaon�s function appropnately
within aovered areas Parts 2 and 3 of tfiis ATP ar� the detaited proceduces io bt dane requinng alstors�er sigr�-
ofF for each pu:�ari Final system acceptance will be achieved ance Psr's 2 and 3�re complete and bofh #:e C:ty
and GE P.t�S represerrtatives sign the Fanal Acceptance Form (Parf 41. h4o3ile instal�atians can tr��n after
completican of .�plicaton t�strng (Part 3}. Updafed mobile instal:aSion r�fer���ae diagratr�s witi be prowided at �hat
itme by tt�e GE b�OS Proje�ct �lanager F'art � a,so includes sign-ofF `or trainin� artd �oc�rnentation tumove�r�
• Acceptance Testing - Applicai�n Pertdrmance
During the drive test, an AlOS Engmeer vrili wo� rv�th city tT personnef to ensure proper canfrgutataeri and
apFtication func�ona�ity vrr:thin the City. TI^,es.e �roc._dures are descr�L�-�i �n ?art 3 of this Acoeptance Tes:in�
pack�ge 3f is imF�r.ant �at ihe ct.y tT pers�nnel are Qirecty invr•ived in this prozess ta b���z farrrir+as with this
netwark. "•Jetwak siocumentation �rill be u�cl��ecf 3nu distributed io'�:ichifa Fatls IT department
Acceptance Testing - Radio Pertormance {Dnve Test)
From a radio freq�enry p�.-sppci�ve, mob:le data env:ronr.serts a�� very �everse. E�ch ��ss Point's cor•e-ag�
�re3 consists o3 difl`erent intertere�cp levets, obstruciion and anter�na pr�sence. `hrouahaut the drve tESt.
cantanuous samples of the subs�ribe�r radio's sianat pro��rti�s ta i�cludA R�SI �eZ�ecezve Signa! Su�r.
IndiC22iOtt} 3nd SiT! (Sign31 *o Noise Ratio} wilt Ce callected and appfied 'o locafion poirtts where the sample w3s
taken from. 7��se Sest:ng paramefess wi:`t venfy opz�ats�at r�adiness ar,d rr.e3te a bui.�=ng b�cck for rserrrork
3�rformance correEa'ion T�wer hand-of` parameters w�ll alsu be s�t and testcC at this !irr.e.
Acceptance Testing - Network Perfwmance (an�e Test}
t�:e�w�ork performance bestir.g wi31 irc'=ude �ooll�cfion of transfer-rate and rewr.C-trip la2+ency c�ata to bc appt;ed in the
same way �s ihe radio perFormance irrformati�n. This witl b the perfotmance af the sys'em alEows�rg a
5enchmark ;ix a�pticston veriticat:�n of 4,�rreni ar FRaRned mo�ite CAD sys�ems. Once the r.`tworic perforr,�ance
�iata �s cotiecttd, rt w�ll be rt:?rged with !3+�10 St�!13I d3t3 t6 CfQ3Y� 3 G+'�'{NIC�Q ��+! fcrrnance gnd.
Tr�ni�g arrd turnover of dc�currer.tatian wiii be tt�e firt�t req�irem:ents of system acc�ptance. ''raanin� ;w:ll bzgin
d�nn8 f'ast 3�f this plan when GE l�ADS b�a:ns work M:tt�in City. T�ainir.� will be �dm�nist+�re�d via 'n3nds �n"
methads to ensure JT pe±s: nr.?� rvill fere! oomfortable adm;nistrahng ttse system o�r.p syst�n aaaeptar:ae is
3chieved.
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CIN OF WICHITA FALLS, TX AND GE MDS, LLC Page 26 of 39
Pages
•
Schedule for D�ive and Appiication Testing
i he dates Celow are a guidetinz to target a c�mplet�n da*.e Bas�d on t7e a�silst}r to v�ri1� cav�ra�e and pzrform
�ppl�cation testing, t wpek has bQen a(�efird verify op�ratian, tiest aFpiicatio�� peroomanoe �n� v�ri"ry Go�.era�e.
'?�is st�ep may not require a fuii week, however wi;fi potentiaaly �nknown intr�str�cture issues ar.d diffier�nt
.Access Points to �st, it may !ake more or less time. The schedufe below is a guideline and wiil a'low �re P'L4 and
C�ty repses�ntative t�me to track pmgress and schedule resouroes appropt��tely. Sct�:edule dependenci�s mc�ude
;rr:emaf city netarork readiness, 9QJ MHz RccESS Foir.ts in apesabort, site a�ss. City app�aval of sched�le and
vreathrr. Pres�ect Ptan i sm�line �at�s ma�+ char�ge per.din� de��n�encies descnbed above.
Projed Pl3n Schedute
. ._ __._.._, � . - .....�.�s�
Task 9(?4 MHz Access Points Start Week Period
.. . _ ._ � � ... ..��.� ..... e= _ _._ v_ __ a_. �_._ _._. _.. ._ _ .._a_ ..�_
• �ose�v�ooc
r�ing r'�'s Applicatian aad . a`' p�� T8D 2 Day
GYve Tes`.ing . + . �
. Fire Staticn 3
. Ttans�er S'aticn
R r�g AP's Applicatian ar*.d . r ucAett TBO ?�ays
Ca=ve T�sting . h`UV Fr�wa l�'T
. titi`F - �S6
Spur,�,°'S l4pplica�cn and . '.•1' - 5 TBD 2 Day
Grve Testing . 4Yeeks Park
• Sunnyside
Spur Ap's Appti�catic� ar�C . �QX
• L�ive Tes5n9 . Lcch lcrrics?� Paric T�p � Day
�inai¢z'raining. . Cr2ytT � TBG i LNr�
Jc+:::mentaa►an and
I^teroperabilit}� Tes�ing
System Ra;ept�r,;e T8D 1 'N��k
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 27 of 39
Pages
•
_ .._ _ _ _ . _ .._ ... _. _. . . .�__ . _ � _. ._ _ . . _. _. . _
CrtY Field Test Engine�er
�ccess Pant Date
CONNECTt�'ITY TEST tStatic) - .
This s�st wi�l cansist a! thrge specific iRfrastructure t�sts per r�ec.�ss Poir�t.lhe Fe,� i��ms are as folluvvs
� SUB-AP-IAT (Subscnbed ta Ar Later�cy B�s�Sirtej
Tnis tESt ir�li �s run wrth ICMP a�irr� at ihe defau�Y packet size oi 32 bytes. Aver�ge tatc�ncy b�tween the
�u'�scriber r�io and Access Poini r�dacs wilt E� meas:�rzd to b�sel�n� ra� latency. At f�ast 30 RtT {F�ound
� np Tes?; it�rati�ns wiEt �e reoords±d per AP. The Acc�ss t�oani shauld be a�i� to s� �e Su�s��b�r af �e set
�eceiv� 4evel. The mabi�e uni# should have LOS (L+ne-�f-Site� tv the Acce�ss s�ain#.
SU$-�-�T Average �ai�ncy � Ftumtr�r of Subscri�e� RSSI j�u:sscriber S.�t�
iBas�Gr�ei �_ ..`={I RTT , „ i Repiies a�t the i,P' j Ra�o
. .�.. _,�_ ._. ....._ �, .... .e
k
•
� StlB-PWR-A50C71hAE f.��+bs.^rriber Pawz: Restar; itissaW�tna.� Tims t
"hese t�sts vui;l bas�:ir,e assouetirs.�r t;mc nc�t ir�clud.ng vars:aabl�s ;nsod�ccd by ma�on or RF �r�.ircnm�n�.
_,..�__._._ . .__.. .. _.__....
�,_ � _ _ _ _ _ _ _. � ...__ � _ � ... .. _ _ a _.._._..�..._. _
T�st 7,�ssoci.,t�n Test 2 Rssaci3t�ccr� Test 3,4ssouaiio�r
SU8-PWR-ASt3CTIME Z'me in Srco�ds Time in S�rtds Tir� in Seconds
�
CO�`ERAGE 7EST (Drive Test} _ _
t he Cov�raaf TFst will i;�clude aaritir�uous sampling of RSSE, �.'FJ Rstio. �at and Tr�ns`er-ra#? associat�d
WR�i a lOCat10R E?Ot�t pfOVlt�flcj by 3�PS S}2Yt02. ThE �ttSR}/ Of th£ fI3� �OlfltS C3it 5£ 3�j3J522� 95 f1ZffCl2C� 3R
�'}2 zitf6ltttdt!utt IS f�?L'Lfffj�� :n •_.I:t':IP.��i' f`':tJ��a�@ �CiY€ :E°S EdGF�.ACC+'_55 PGiirf `iiaf) it� ie5`xr� �Yt�aV1�U3:�}0. {IOWi�VE(
a coverage p�,*formsnae map ��►�=11 be deliv�r�d �r�tth r¢a! tim� auarter rnile grid Roints. T�,e b90S P.over apptacation
wil! be rl5£� tt? ��ec; the dst3 d�nng drive tes�in�.
t�'anc�-cff Testina -: h�s t�stzng e�ili tre dorte after :�h? cov�rag? vr dst� is co�{ecte�d. TI�e sutsscrib�r ,�P
d3t�base wilt be en3b?ed art� 3 cify rou?e w+l[ 5e driven to ensur� proper hand-off xs done bfhvren acc�ss points.
To v�iFy �ss Poir�t s��tct�in�r, a pinp :�st wi<.I be r�n from t�� subs�iber to the �t: G�a=�way of ttue city.
a esting F2ec�uuiremerFts �GE-MOS)
•'es�n� �1er�icl� - sirnslar mak��mocel €cr ea: h test
• � LaF:op with DC power sn�rce
• P,ov�r Appli�tio� irstalted on �3pt :p
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 28 of 39
Pages
•
+ SubSCriber RP ��t3b35e
��cs= Laptop c�r��ct�d to ��i A�ss P�i�t nefi��uk
��43gr,f 141ount omni ant�n� with �d8 G�in at �1� a�Hz uui� a GPS antenna
o Anterna ��ount Par� �- ��3acRad GPSF��h1'41�4,�'C
o Artt�ntia'�'�hip �,�,�t # - �I,�R3d t�1UF�G3�
O��r Requir�ments
+ J�et r�qu�rsr►�ts a� sta'�d in �e AT� Sc��s!!�s�e 3nd �v�rview ��cum�nf
� Acce�� to Ra�iio �cwms �t A��s P�irt Site 1�����
��11 dnve tes,in� ���:II adher� to sp��i li�nits
The f�ll��n� �ne�surr�en� ��icel ��1E5 WIII �J� JSK� �� Y�IE���E ��f�!'�'titdtt� t1 3 r��bi(� sub�cn�r� unit a�i
• 3P�IPe� t� ��e c�vera�� �nod�l. Ga�a �ram �ry�ie pe�orn�ice �rs��ig �uill t� ��i�gonz�e� �n�i re=�renc�l to a
�t�?��� gt�� lo�3ti�t� wikh ,� C�IOt ittd?C��c�g �h;� ez�rct�� �e�for�nce 1����1.
Dat� �le�surement
�:���.`��r �
:�SS! iP,?ce;+r¢ ��ai S;rer�lh Indicaticn; •8? c�m ar b�C�er,ctiv�r�s G ^
� ��naC �� (�ois? R��� in �6
Rcund'np laten��y;� t�} A�Y:P55 "'4.".' Av�� � 100 mSec 100 �yt� pa�et
�u�r��e'� �e ;�+�Cs�iC?r tc �.�x�� ?�int1 �v�g? 4�.� Y�F� � FE�k 1 � t�i�s�'I��ur� .
� i6as� on 4�lodulat:t� 1G(�At�. �,��;, �i�i��
� A��er�e lL� �bp� �?��k �0 Kbps; i�d�T ;I
,
Vehi�1� PtrSi`�rn labtue� (N�� l���u�e ;t�d7 ��a�Jin�t�
NaTE - T�� t�4�,��a�� Gr�d wi�f Ce �ieliv�r�i �o �h� ci�y fUr r�v��w and acce��anc� ��is proc��ure i3 rA����re�
pr�r iu s��r�off �f "�►0'�1=, ��rerag�" I.'1 P3t� �t Q� �115 n �P,
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 29 of 39
Pages
•
,. . . : � � .. . _.._ _ _ _. _. . . _ .. . .. .. _ ._ . ._ .
_ __ ._ . . .... . �, __ . . . _ .. _ __ ...,_ .
tY MQS T�st Engmeer.
� Start Date:
SUMMr�RY
Ourirg th:s tesl�ng and venficat:on phase, intern3� �nfrast�uc#ure wifE �e vesified to :nd�de secordir.g s�c,fic
Fi�wa!1, network devxce and :oFola�y informafian. At a�yime during ,his ;�esting �f �on-aFeratia�ai dems are
found, the MDS Engine�r arzd city IT staff wil! ��vo-k t�gethcr ta oor-e� :he ssue and doc�.rnent sympfem,
troubt�eshaotir.g proc�ss and resclution. 'JVoekin� l�isio diagsar-►s vri§I be publsshQd and useri during t�� #es?ing
period. This pe�iad of tesiing will ditecaly mvclve the intemal city IT personnel �s czsignated '�y the City
Representative to start th� �}1371(JS-Ofl� trainirr� prcx�ss.
Citv Aa�lication
6 his po�ian o; Ehe testing wit� ensure ihe custamer's applicatianrs wih �ertarm to �heir expec�atsons. tf the �°ty
does not �ave a mabsle data �ppl+cation, a sectian is giren b�i�w whzre the city may dES�ribe the testing {in
wnangl that they vro�4d tike to �eriarm. It is ur.4ie�strwo that t�is systQm is a mobi!e data sys�em, which is na� an
erdension of t�e city 11,N ; Local Area Netaresk) an� ; eriain ��CP: based applicat WtII F?fi0„*R] 32 ,3 '.c•erer level
than on a'wir�d' infrasiructure. i�th partaes iMDS and intemaf city 17 stafF aradtor C}ty R�resentative} wil� sign
ttre recommer,d�d testing proaedure stating th�y both agree a� the procr.dur�.
• No Mob�le Data Application To Yerity - C�ty to descr:be testina procedure they �.��,:ul�� '�ke to �rforr.Y !.tD3 may
also recom.�riend �nd wrrte in procedu�es be:ew.
Gledare appi�catrort t�st�rt� �roc�dur�s �rs the t�Iow field if customer �oes not have a mob:►e appi��aUOn
Inside Applicatia� 7esting Procedure (no radio):
t
Outsir� �pplfcaL=cn Tesang �rac�du�e {wi'h raG+o �OS to r nnie r�P at -70 f2Svi �r bett�r;
�
The fatawi�?g signatur�s oRiy inCicate that the a;,ove tes�ina prace�ur� is aare�d upon Cy both parsies ar.�! may
req�ire m�e �acumentat�cn ar �ttachme�rfs to this document..
Proced��re .Ac�ptanc�e S�gna�ures:
Gity Repr�sentative or C iy iT St�s� Signature.`D3te
• G= Iv1�S Pr:,�ec+. Mana�er,'Engireer S.i�naturG�Date
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BE7INEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 30 of 39
Pages
•
2. Application Testing - Over-the-Air
Fram a:x�t�on w�ih LOS to �he ciry Pnme �JO !.tkz Acr��ss Peint, perforrn thf s3rt� appl�cat�on testina
procetfures as d�scribed abare. The �,1Qrcury (ihiET Eij Subscnbet's R551 should be >- -?Cl d8m, This wi�! take
000r�d"rnated e�fans of the 141[}S i^Jetwo�k Eng;neer, �rive Test Engineers and eity !T person�e9.
insezt customer ;apf ;p w:th the mobile applica:ion and P.adio IP cl�ent insialled into ?he aro�r nptwa•k segment.
The mabsle app��cation instailed must firs# be verrFed that it is opera�ional on the irtside of the customer's cty
netwwk. This test wi11 ensure th�t the irtternai ir.frasta�c:ure is operational before tt�e ��dia infras;ructure is
introd�ced. E�sure �he Radio IP d�enf is oan��ured prop�dy prior to testing wthin the city network.
� Ven'ry and Record IP address of +.ier�ry {,NET II� S��scr�be� Radio_
� Record RS51 an� S1N Ratia of hl�rcury �;i��ET II i Subscrib Radio
RSSt (d8mj Stt�! Raf;o {dBm}
• � Launch t�e a�pGcaticn and ens;ue al( normal iur�tiqrattv is ava�l��Ee. !n t,h� b�ox provided betow. I;st
opera4ons performed and indicate a'go' or ^no g�" ior each applicaron function. Addifional dxur:��nts
rnay be atta�hed shawing teshr�� rFsuks i neaESSa.ry_ If ad�:fienat �chme�rts are need�, indicate
attachments ir. the b�Y below.
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 31 of 39
Pages
. •
•
G� A90S ypica#y �r 11 verify latency, throughput and sess=on p�sis*.e�ce in these cases. Typ3cat mobil? cata
appf�cation requatem�nfs are iaw, however s?ssian persistence can 5e vertfied wa file transfer wrch network
:ntertvption inse�tion. Aiso in;ernal YJeb �erv;ces :hat may L•e ava:labtE can sh:sw resp�se cimes th3t tne ra;�nt
wil! be abte to reference perfortraa�ce.
t�a;es
Appticafion Testing of City Mobile Data Applicatian
Apptscatian 4J�me:
Interface {i.e. we5 browser, propre�ary etc.};
810 i E-!f aRC�er ticens�d radio system is b�ng used for data senrrces, must ertsure lacensed system app{ica�on
warks with Rad>o IP enabEed an� the ccrr�ct p Ctt i5 US�f� iD 3C:C255 Sy5'�!17 £I3L3 �S�l S��ItI!I � bEROWr.
• 1_ Apptication Testing - l.aptop Only with Radio IP Client
Insert c�stom�-r iaptop with t�e mob:le a�plic.iticn srd Radio tP dient instaU�d . The rn�ife applsea.ion instatl�d
rnust first be .�riied �a# R;s o�ra���nai orr the mside of th� customef's crty neMrork. This tesf wr�l ensure that the
sntema[ Dtit? iRtras�rucfure is opera�r,raaE b�!ose the rad:a infrastruccure 7s +r+trodVCed Ensu-� i�� Radio I� cl�ent
rs aonfigur�d properiy prior to testing n3thin the c�t}r ne*.woric.
a Launch t±�e applicat;on and ensure all �ormal fur.c4ora[.ty is aWa�lab!e tn tFre hox prov�ded be(ow, tist
operahons performe� and andicate a'go" or "�o g�" for each agpl�cat�on fi�nGtion. ,4ddrtia��l docur^ents
may be attacheQ shaXirg testirrg resutts :f necessa.ry. If add2:crza! a�tachrr�nts are re�drd, indicate
attac#rmen !R �}12 bflX �IOW
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 32 of 39
Pages
•
� Sess�on Pers�skence 'fs.�ng - S+mulate Access Poir,t s��RChit� by �emoYa►t� �ftwa�k C3bIB frCtt3 fh�
'apt:,p ar.d ir.itia`iziRa 3ppfic�ton cammand prior ta and durirsg r��work �r:terrupfian. Recard resulis wi'.�
thr?e dif�sent newro�c in!errupflon periods (.`, seccnds, 3Q secor.ds an�d ? m�ute}. Ensure app{ic3+�on
remains stable �.+�d sessions remaiR persastent thrcw8�out +.he test. In the box pro`rid�d F.�low, f:st
operaaons perform,ed and �ndic3te a`g�" o�'r.fl ro' for each n�two�C intem:p��on period.
5 Sec�nd Interru�tion Resuts:
3G S�ccnd ir.tem,�ptran R�i?s:
� � 1 Minu�te lnferrup�on e�esutts:
3. Verification of ticensed Data Radio Syst�m Operation witfi Radio IP Client in-Service
�sirrg the s�me enviror,mena as in the secr.n� test, n:n iscersed or ce;! d�ta r�ia system oper3tio;is t4 ensure
Radio 1� does na? cc�fli�
l�cerse� or Ceii BasQ�s Radio 5ystem t�:ar��
Cescribe system pe*f Ct�!13'1C? 3�� ieSD�� pfO Cess used.
• - - -
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 33 of 39
Pages
. •
•
Applica�o� TESti�g Compietion Signaiures:
Ciry Rep�eser►�a�ve or C:ty IT St�� 5ign�t�r�'D3t�
Gc MOS Pr;�ec� ��1�3a�r'�n�ire�r � g�aiura�Date
�e s�gnat�re� abcve intlic�te ih3t both parties accfpt the re��s of the ��ic�tion � e��n� as operatio�ai. These
. srgn3b�rc5 do not ir�d��^a�� 1u11 sy�tem accep'anc� Fc�l} systrm ac�pt��oe +� �e obtained once �� Cor�e€a�e
}'Part 1), .A��Isca�on T?s#i� (part') a��, al? re�u:��l do��m���5 3�d'r3irirg are �ivr� �n� sigr,ed o�.
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 34 of 39
Pages
� i
•
� . _ _ . ._ . _ _.. . . _ � _.. . _ _ _ . _ _..___ � p _ _ . . .. . _ . _
C� : Ci Re resenta6ve:
Date
SUMMARY
This document is the "Fnal` acceptance for the specific city Usted ahove. The foilo�.ving items
list procedures and deliverabies completed and reqvire a slgnature from �he assigned City af
`JVichita Fails represen€ative. Initiais wiil be required for each specific �em and al! items wiii
requlre mitials before the signature of acceptance given. This document incfudes "sign-aff' on
11Ghzl�l.9Ghz installation, 9Q0 MHL coverage, appllcation performance, training and
documentation.
� INSTAItATION - HII systerns :a include interr.�l nehvo�k Eguipment art� rad:o equtpment have been
:nst311ed meeting industry spec,fsca�ons and customer reauiremer.ts.
i,ity Representa��ve Initial
� 900 MHz COVERAGE - Per exp�ctatiorts oi ;he cus?omer. 90� A4Hz coversge is accep;aale pet the
resul;s cf eirrve tes�ng as required by canttact. 9�Sb within the City bo�.,nda�s.
• City P.epreseniativ�e Initiai
� APPLICATQN PERFORMANCE - The city's app{ica�ion:s perfortnance me?ts fhe requirem?n:s of the cty
',rorts x'at+tiin the s��fied caverag? grid.
City P.epresenta�iv� In�cial
� DATA INTEROPERABILITY - m��iEes �an access irtemal applications with thz same per�o;mance t�veis
irom ail Access panss.
City P.epresenta?�ve Irntial
] TRAINiNG - Key uty personn�I h3ve been �amed 3ppropr�3tgly t',fy the 11 GHz. � 9 GHz, �G h1Nz
equipment, and overati system o�eretian.
City Represe�ta,ive Imyal
� D4CUMENTA710N • Each c;ty and k?y IT �ersor�ne! have beE� providEd a+x»rate dacumentation
refl�ctir.g the system �„nf:guration, tcpaagy and speqhc eq�:psnent datasfieets_ System dr3wings of the
finaGz�d con5gura:ion have afso be?-n su.pli�_
'=if`( P.@�f�5�.^.23::Y� ��'t!.^.3!
FINAL ACCEP7ANCE —'oVichi�a Falls Mat�ile Data
City P,epr�senta4v? (Pnnf ): GE MJ� i?nr,t Y:
?'dle: i�tle:
5igna�:re.��ata: Signature�Date:
•
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 35 of 39
Pages
• • • •
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AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 36 of 39 Pages
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T e� rain ;Om U�•�� _; CItRt2r. 30.NLUn U� vS
AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 37 of 39 Pages
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AGREEMENT FOR MOBILE DATA COMPUTER SYSTEM
BETWEEN THE CITY OF WICHITA FALLS, TX AND GE MDS, LLC Page 39 of 39
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