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HomeMy WebLinkAboutOrdinance 16962-05-2006Ordinance No. 16962-05-2006 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE INFORMATION SYSTEMS CAPITAL PROJECTS FUND IN THE AMOUNT OF $685,2D0 SUBJECT TO EXECUTION OF A PLANNING FUNDING AGREEMENT WITH SPRINT NEXTEL, INC. FOR THE PURPOSE OF FUNDING A RECONFIGURATION PLANNING AND NEGOTIATION PHASE AGREEMENT WITH MOTOROLA, INC. AND RETAINING ROSALIND ALLEN AND THE LAW FIRM OF HOLLAND AND KNIGHT, LLP, AS OUTSIDE COUNSEL, PURSUANT TO CHAPTER VI, SECTION S OF THE CITY CHARTER TO ASSIST THE CITY ATTORNEY IN NEGOTIATING AND IMPLEMENTING A FREQUENCY RECONFIGURATION AGREEMENT FOR THE 80D MHZ PUBLIC SAFETY RADIO SYSTEMS; 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 2005-20D6 in the Budget nfi the City Manager, there shall also be increased estimated receipts and appropriations in the information Systems Capital Projects Fund in the amount of $685,20D subject to execution of a Planning Funding Agreement with Sprint Nextel, Inc. for the purpose of funding a Reconfiguration Planning and Negotiation Phase Agreement with Mataraia, Inc. and retaining Rosalind Allen and the law firm of Holland and Knight, LLP, as outside counsel, pursuant to Chapter Vl, Section 3 of the City Charter to assist the City Attorney in negotiating and impiementing a Frequency Reconfiguration Agreement far the 800 MHz pubiic safety radio systems. SECTION 2. That should any portion, section or part of a section ofi this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion ar judgment shad 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 shad be cumulative of Ordinance No. 16582 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct confiict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressiy repeaied. SECTION 4 This ordinance shall take effect upon adoption. APPROVE AS TO FORM AND LEGALITY: ~' Assistant City ttorney ADOPTED AND EFFECTIVE: ,_, May 23. 2006 Gify ~f ~~ VV'®r~fi, ~exa~ ~1 ~~'11 i17U 11 i'1 SUBJECT: Authorize Submission of Request far 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 REC©NINiENDATiOt~: It is recommended that the City Council: '[. Authorize the City Manager to submit a Request far 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 Nextei 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, loc., for the frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems; ~. Authorize the City Manager to retain Rosalind Alien 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 far 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 es#imated oat to exceed $85,000.00; and 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to $685,200.00 in fihe Information System Capital Projects Fund. DISCUSSI©N: The City of Fort Worth holds 800 MHz licenses issued by the Federal Communications Commission ("FCC") to operate public safety radio systems an 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 fihe 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 Logna:nxc: O~REBAND RFPF Pagc 1 of 3 timely band reconfiguration in a manner that is equitable to ail concerned. The TA wil! establish guidelines, reviewlapprove 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 casts 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 ifs 804 MHz reconfiguration agreed to and covered by Sprint Nextel. The City also has the right to have assistance from experts such as spectrum cnnsultants, inventory consultants, relocation planners, engineers, legal counsel and equipment suppliers. The TA has organized the reconfiguration process and al{ associated activities into two phases: a Planning and Negotiation Phase and a Reconfiguration and Implementation Phase. The objectives of the 1st phase are fn 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 venders to help facilitate the planning process. The City vdill 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 Fork Worth Transportation Authority, Medstar and ether customers use the Gity's 840 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 recnnfiguratinn 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 trunl<ed radio system, the focal 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 Nextel is required to directly pay approved reconfiguration costs. if Sprint Nextel fails to do sa 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 fnr this project will ~be realized from the FCC's requirement that Sprint Nextel pay for the cost of the Gity'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 $685,200.04. The final reimbursement amount is subject to negotiation with Nextel and the TA. Logname: 04REBA.ND RFf'~" gage 2 of 3 FISCAL INFORMATIONiCERTIF[CATION: The Finance Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance, the accep#ance of the Request for Planning Funding lay the 800 MHz Transition Administrator and the contract execution of the Planning Funding Agreement with Sprint Nextel, funds rnrill be available in the Information Systems Capital Projects Fund. TO Fur~dlAccountlCenters P251 4881 DD 041030042910 $205.072A0 P251 4881 DO 041030042920 $159,826.00 P251 488100 041030042930 $f 5,291.00 P251 488100 041D3D042950 $255,011.OD P251 511010 041030042930 $205,072.00 P251 51iD10 041030042920 $74,826.00 P251 539120 04103004292D $85,OOO.flO P251 539120 041D30042930 $65,291.OD P251 539120 041030042950 $255,011,00 FROIVI Fur~cllAccaun#lCenters P251 539120 041030042930 $65,291.00 P251 511010 041fl3004292D .$74.825.00 P251 539120 041030042920 $85,000.00 P251 511010 041030042930 205 072.00 P251 539120 041030042950 $255,D11.QL1 Logname: 04REBAND RFPF Page 3 a£ 3