HomeMy WebLinkAboutResolution 3352-05-2006A Resolution
NO 3352-05-2006
WHEREAS, the City of Fort Worth ("City") 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 because this project involves specialized and complex legal issues it is
necessary to retain outside legal counsel to assist the City• and
WHEREAS Rosalind Allen and the law firm Holland and Knight, LLP have expertise
in the legal processes and state and federal law requirements concerning this project.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
1
That pursuant to Chapter VI Section 3 of the City Charter Rosalind Allen and the law
firm of Holland and Knight, LLP is hereby employed to provide legal services to the City
pertaining to the FCC mandated reconfiguration process of the 800 MHz public safety radio
system
2
That, as far as practicable the compensation to be paid to Rosalind Allen and the law
firm of Holland and Knight, LLP for legal services is hereby fixed in an amount not to exceed
$85 000
is 23`d day of May , 2006
APPROVED
CITY COUNCIL
MAY 2 3 2006
~ ~~~
City Secr Lary of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/23!2006 Resolution No. 3352-05-2006 & Ordinance No
16962-05-2006
DATE Tuesday May 23 2006
LOG NAME. 04REBAND RFPF REFERENCE NO C-21467
SUBJECT
Authorize Submission of Request for Planning Funding to the 800 MHz Transition
Administrator- Authority to Enter into a Planning Funding Agreement with Sprint Nextel- Authority to
Enter into a Reconfiguration Planning and Negotiation Phase Agreement with Motorola, Inc
Authority to Hire Outside Counsel Adopt a Resolution for Outside Counsel Fees and Adopt
Appropriation Ordinance for the Frequency Reconfiguration Project for the City's 800 MHz Public
Safety Radio Systems
RECOMMENDATION
It is recommended that the City Council•
1 Authorize the City Manager to submit a Request for Planning Funding 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 Planning Funding Agreement with Sprint Nextel Inc. for the
frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems;
3 Authorize the City Manager to enter into a Reconfiguration Planning and Negotiation Phase Agreement
with Motorola, Inc for the frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems,
4 Authorize the City Manager to retain Rosalind Allen and the law firm of Holland and Knight, LLP as
outside counsel pursuant to Chapter VI Section 3 of the City Charter to assist the City Attorney in
negotiating and implementing a Frequency Reconfiguration Agreement for the 800 MHz Public Safety
Radio Systems,
5 Adopt the attached resolution fixing in advance, as far as practicable, the amount to be paid to Rosalind
Allen and the law firm of Holland and Knight, LLP in an amount estimated not to exceed $85 000 00• and
6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$685,200 00 in the Information System Capital Projects Fund
DISCUSSION
The City of Fort Worth holds 800 MHz licenses issued by the Federal Communications Commission ("FCC")
to operate public safety radio systems on the 800 MHz frequency band The FCC has recently ordered the
reconfiguration of the 800 MHz band to minimize increasing levels of interference to critical public safety
communications systems from commercial wireless carriers. The 800 MHz interference problem surfaced in
large part because the FCC`s original 800 MHz Band plan did not anticipate the development and explosive
growth of the cellular systems. 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
Logname• 04REBAND RFPF Page 1 of 3
timely band reconfiguration in a manner that is equitab{e to all concerned The TA will establish guidelines,
review/approve funding requests and reconfiguration agreements manage the relocation schedule and
facilitate 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 Sprint Nextel has obtained Letters of Credit
in the amount of $2.5 billion for its funding obligation. The City as a license holder must enter into a
Planning Funding Agreement with Sprint Nextel to complete the first phase of the process. The agreement
allows the City the right to obtain comparable facilities and have reasonable and prudent expenses directly
related to its 800 MHz reconfiguration agreed to and covered by Sprint Nextel. The City also has the right
to have assistance from experts such as spectrum consultants inventory consultants relocation planners,
engineers legal counsel and equipment suppliers
The TA has organized the reconfiguration process and all associated activities into two phases. a Planning
and Negotiation Phase and a Reconfiguration and Implementation Phase The objectives of the 1st phase
are to develop a plan for implementation of the frequency reconfiguration and to execute a Frequency
Reconfiguration Agreement with Sprint Nextel For this phase of the project, the City will have two primary
vendors to help facilitate the planning process. The City will use Motorola and the outside counsel services
of Rosalind Allen (Holland and Knight, LLP) to ensure the successful completion of the planning phase for
the frequency reconfiguration project.
The frequency reconfiguration project is challenging because 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 this project because the existing public safety trunked
radio system the local government system and the mobile data system infrastructure is
proprietary Additionally Motorola is the only vendor fully qualified to assess the City's 800 MHz radio
communication system and specialized hardware software and infrastructure The City and Motorola will
enter into a contract to perform reconfiguration or related planning activities. Motorola in conjunction with
City staff will document subscriber equipment and infrastructure facility inventories evaluate proposed
frequencies and prepare cost estimates and statements of work. Additionally Motorola will be required to
retain and produce documentation for the TA or any auditor related to vendor performance of
reconfiguration services
Sprint Nextei is required to directly pay approved reconfiguration costs 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 cost of the first phase of the project is estimated to be $1 154 000 00 The funds to pay for this project
will be realized- from the FCG's requirement that Sprint Nexte! pay for the cost of the City's 800 Mhz
frequency reconfiguration process. Upon approval of this M&C and adoption of the attached appropriation
ordinance the City will be able to submit a reimbursement request for current and anticipated expenditures
for planning activities amounting to $685 200 00 The final reimbursement amount is subject to negotiation
with Nextel and the TA.
Logname 04REBAND RFPF
Page 2 of 3
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations, adoption of the attached
appropriation ordinance the acceptance of the Request for Planning Funding by the 800 MHz Transition
Administrator and the contract execution of the Planning Funding Agreement with Sprint Nextel funds will
be available in the Information Systems Capital Projects Fund
TO Fund/AccountlCenters
P251 488100 041030042910
P251 488100 041030042920
P251 488100 041030042930
P251 488100 041030042950
$205.072.00
$159.826.00
$65.291.00
$255.011.00
$205.072.00
$74.826.00
$85.000.00
$65,291.00
FROM Fund/AccountlCenters
P251 539120 041030042930
P251 511010 041030042920
P251 539120 041030042920
P251 511010 041030042930
$65.291.00
$74.826.00
$85.000.00
$205.072.00
$255.011.00
P251 511010 041030042930
P251 511010 041030042920
P251 539120 041030042920
P251 539120 041030042930
P251 539120 041030042950
$255,011.00
P251 539120 041030042950
Submitted for City Manager's Office by: Richard Zavala (Acting) (6222)
Originating Department Head. Peter Anderson (8781)
Pete Anderson (8781)
Additional Information Contact: Peter Ungar (7889)
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