HomeMy WebLinkAboutResolution 3630-06-2008A Resolution
NO 3630-06-2008
WHEREAS, the City of Fort Worth holds a license issued by the Federal
Communications Commission ("FCC") to operate a public safety radio system on the 800 MHz
Band and
WHEREAS, the FCC has ordered. the reconfiguration of the 800 MHz Band to minimize
increasing levels of interference to critical public safety communications systems from
commercial wireless carriers and
WHEREAS Rosalind Allen and the law firm Holland and Knight, LLP have expertise
in the legal processes and state and federal legal requirements concerning this project; and
WHEREAS because this project involves specialized and complex legal issues the
City previously retained Rosalind Allen and the law firm of Holland and Knight, LLP as outside
legal counsel to assist the City Attorney and
WHEREAS due to the complex nature of the City's public radio system Rosalind Allen
and the law firm of Holland and Knight, LLP have expended numerous hours assisting the City
in this matter and
WHEREAS the City anticipates that Rosalind Allen and the law firm of Holland and
Knight, LLP will expend numerous additional hours in preparation and negotiation on behalf of
the City to complete this project.
WHEREAS Sprint Nextel is required to directly pay approved reconfiguration costs
inc{uding attorney's fees
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH TEXAS
1
That, as far, as practicable the compensation to be paid to Rosalind Allen and the law
~"~5 ll~r;f•r~f •
firm of Ho{land and Knight, LLP for legal services is hereby increased by an amount up to
$115 000"00 ..~ ~~'.~,
ADOPTED~is 17th dad of June 2008 APPROVED
JUN ~ 7 2008
Marty H.endfix„ ~',,~.~~_;~~.~' ~ `~'~~'.~~^~
City Secretary ""`w'~~~~ ;.~'~`
{r~r~r }~ #~ 3 City Secretary of the
1~1 ~ City of Fort Worth, ~`exas
City of Fort Worth, Texas
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
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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 ail 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
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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 M8~C C-21467 for Phase 1 the planning phase of
rebanding 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 rebanding 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 reband 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 8~ 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 Rebanding 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.
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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/Account/Centers FROM Fund/Account/Centers
(5)P251 472068 041030042920 $124,045.00 (6168 538070 0045000 $65.520.00
5 P251 5 $124,045.00 (6)P168 538070 0046020 $58,525.00
NARtOUS) 041030042920
(6)P251 472068 041030042920 $124,045.00
Submitted for City Manager's Office bx. Carl Smart (6525)
Originating Department Head. Peter Anderson (8781)
Additional Information Contact: Barb Hines (8540)
Barb Hines (8540)
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