HomeMy WebLinkAboutOrdinance 18148-06-2008Ordinance No. 18148-06-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE INFORMATION SYSTEM CAPITAL PROJECTS
FUND IN THE AMOUNT OF $124,045 FOR LABOR AND EXPENSES FOR THE
SECOND PHASE OF THE 800MHZ PUBLIC SAFETY RADIO REBANDING
PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-
2008 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Information System Capital Projects Fund in the amount of $124,045 for labor
and expenses for the second phase of the 800 MHz Public Safety Radio Rebanding Project.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVE AS FORMnnAND LEGALITY:
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Assistant City A orney
ADOPTED AND EFFECTIVE: June 17. 2008
Cif ®f F®r# ®~th, 1°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/17/2008 -Res. No. 3630-06-2008 & Ord. No. 18148-06-2008
DATE: Tuesday, June 17, 2008
LOG NAME: 04REBANDING 2 REFERENCE NO.: C-22865
SUBJECT:
Authorize Submission of a Frequency Reconfiguration Agreement to the 800 MHz Transition
Administrator for the Second Phase of the 800 MHz Public Safety Radio Rebanding Project;
Authorize Execution of a Frequency Reconfiguration Agreement with Sprint Nextel, Inc., in an
Amount Not to Exceed $8,600,000.00 with all Approved Costs to be Paid by Sprint Nextel; Authorize
Execution of a Reconfiguration Implementation Agreement with Motorola, Inc., in an Amount Not to
Exceed $6,700,000.00 with all Approved Costs to be Paid by Sprint Nextel; Adopt Resolution
Increasing the Maximum Amount to be Paid to Rosalind Allen and the Law Firm of Holland & Knight,
LLC, for Legal Services for Rebanding by an Amount up to $115,000.00 with all Approved Costs to
be Paid by Sprint Nextel; and Adopt Resolution and Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to submit a Frequency Reconfiguration Agreement to the 800 MHz
Transition Administrator for frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems;
2. Authorize the City Manager to enter into a Frequency Reconfiguration Agreement with Sprint Nextel,
Inc., for the frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems in an amount not
to exceed $8,600,000.00 with all approved costs to be paid by Sprint Nextel;
3. Authorize the City Manager to enter into a Reconfiguration Implementation Agreement with Motorola,
Inc., for the frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems in an amount not
to exceed $6,700,000.00 with all approved costs to be paid by Sprint Nextel;
4. Adopt the attached resolution authorizing an increase in the amount to be paid by Sprint Nextel to
Rosalind Allen and the law firm of Holland and Knight, LLP, to assist the City Attorney in negotiations for
frequency reconfiguration and implementation in an amount up to $115,000.00 with all approved costs to be
paid by Sprint Nextel;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in an
amount up to $124,045.00 in the Information Systems Capital Projects Fund; and
6. Authorize the transfer of $124,045.00 from the Information Systems Fund to the Information Systems
Capital Projects Fund.
DISCUSSION:
The City of Fort Worth holds 800 MHz licenses issued by the Federal Communications Commission ("FCC")
to operate public safety and local government radio systems on the 800 MHz frequency band. The FCC has
ordered the reconfiguration of the 800 MHz band to minimize increasing levels of interference to critical
Logname: 04REBANDING 2 Page 1 of 3
public safety communications systems from commercial wireless carriers. The FCC appointed the 800 MHz
Transition Administrator, LLC (TA) as an independent party to serve as the administrator of the project. The
TA's primary obligation is to facilitate timely band reconfiguration in a manner that is equitable to all
concerned. The TA has established guidelines, reviews and approves funding requests and reconfiguration
agreements, manages the relocation schedule and facilitates issue resolution.
Sprint Nextel, as the primary spectrum holder and commercial cellular-type service provider, is obligated to
cover all reasonable reconfiguration costs of the license holder, including fees for experts such as spectrum
consultants, inventory consultants, relocation planners, engineers, legal counsel and equipment suppliers.
On May 23, 2006, City Council approved M&C C-21467 for Phase 1, the planning phase of
rebinding. M&C C-21467 authorized the City Manager to enter into a Planning Funding Agreement with
Sprint Nextel Inc., for the frequency reconfiguration of the City's 800 MHz Public Safety Radio
Systems. Additionally, M&C C-21467 authorized the City Manager to retain Rosalind Allen and the law firm
of Holland and Knight, LLP, as outside counsel; and authorized the City Manager to enter into a
Reconfiguration Planning and Negotiation Phase Agreement with Motorola, Inc. Phase 1 was successfully
completed in May 2008.
The 2nd phase of rebinding is to execute a Frequency Reconfiguration Agreement with Sprint Nextel and
subsequently reconfigure the City's 800 MHz Voice and Data Radio Communications System. The City will
again use Motorola and the outside counsel services of Rosalind Allen (Holland and Knight, LLP) for the
2nd Phase to ensure consistency and the successful completion of the frequency reconfiguration.
Approximately 18 governmental entities and other private safety agencies use the City's public safety radio
infrastructure system. In addition to City departments, nine cities, Tarrant County, two universities, the Fort
Worth Transportation Authority, Medstar and other customers use the City's 800 MHz infrastructure for
public safety communication purposes. Each entity has an existing agreement with the City and each pays
their share of the annual operating costs. The frequency reconfiguration end product must meet the needs
of all of these agencies.
Motorola is recommended as the primary vendor for the 2nd Phase of this project because the existing
public safety trunked radio system, the local government system and the mobile data system infrastructure
is proprietary to Motorola. Additionally, Motorola is the only vendor fully qualified to reconfigure the City's
800 MHz radio communication system and specialized hardware, software and infrastructure. The City and
Motorola will enter into an agreement to perform reconfiguration activities. Motorola, in conjunction with
City staff, will reconfigure and replace subscriber equipment and infrastructure facilities, rebind proposed
frequencies, and prepare cost estimates and statements of work for subsequent payment.
Due to the complex nature of the City's public radio system, Rosalind Allen and Holland & Knight have
expended numerous hours in preparation and negotiations on behalf of the City to complete Phase 1 of the
project, and will expend numerous hours through the completion of Phase 2 as well. Rosalind Allen and
Holland & Knight have proven to be a valuable asset to the City and the City Attorney's Office during this
process, and as a result, it is anticipated that an additional amount up to $115,000.00, will be needed to
reimburse Holland & Knight for legal services for this project.
Sprint Nextel is required to directly pay approved reconfiguration costs, including attorney's fees. If Sprint
Nextel fails to do so in a timely manner as defined in the TA's Report and Order document, the TA is
authorized to use funds from Sprint Nextel's Letters of Credit to cover such costs. The total cost of the
Frequency Reconfiguration phase of the project is estimated to be $24,000,000.00. Over the course of the
second phase of the Rebinding Project, the City will receive incremental reimbursement for direct
expenditures to pay for City staff time and contract staff. It is estimated over the next two to three years
that the City will receive reimbursement for anticipated expenditures for Frequency Reconfiguration
activities in an amount of $1,700,000.00. The final reimbursement amount is subject to negotiation with
Sprint Nextel and approval by the TA.
Logname: 04REBANDING 2 Page 2 of 3
To comply with accounting procedures, it is necessary to transfer appropriated funds from the IT Solutions
Operating Fund to the Information Systems Capital Projects Fund. The $124,045.00 is the maximum
available for this project in FY 2007-08. In future fiscal years, IT Solutions will request an appropriation of
funding for the Rebanding Project.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, adoption of the attached
resolution and appropriation ordinance, the acceptance of the Frequency Reconfiguration Funding by the
800 MHz Transition Administrator and the contract execution of the Frequency Reconfiguration Agreement
with Sprint Nextel, funds will be available in the capital budget, as appropriated, of the Information Systems
Capital Projects Fund.
TO Fund/AccountlCenters FROM Fund/Account/Centers
(5)P251 472068 041030042920 $124.045.00 (6)P168 538070 0045000 $65.520.00
5 P251 5 $124.045.00 (6)PI68 538070 0046020 $58.525.00
(VARIOUS} 041030042920
(6)P251 472068 041030042920 $124.045.00
Submitted for City Manager's Office bk Carl Smart (6525)
Originating Department Head: Peter Anderson (8781)
Additional Information Contact: Barb Hines (8540)
Barb Hines (8540)
Lognaine: 04REB ANDING 2 Page 3 of 3