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HomeMy WebLinkAboutPre LegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami. FL 33133 www.miemigov.com File Number: 06-01262 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED;"FREQUENCY RECONFIGURATION PROGRAM" TO RECEIVE FUNDING FROM NEXTEL SOUTH CORP. ("NEXTEL") PURSUANT TO A FEDERALLY MANDATED FREQUENCY RECONFIGURATION AGREEMENT ("AGREEMENT") FOR WAVE 3, STAGE 1 REGARDING NATIONWIDE RECONFIGURATION OF PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEMS, WITH PARTIAL FUNDING TO OCCUR AFTER THE EXECUTION OF SUCH AGREEMENT AND IN PART ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDING, TO EXECUTE THE AGREEMENT WITH NEXTEL, IN SUBSTANTIALLY THE ATTACHED FORM, TO EXECUTE THE WAIVER OF PRIVILEGE AND CONFIDENTIALITY ("WAIVER") IN SUBSTANTIALLY THE ATTACHED FORM, REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION ("FCC") AND THE 800 MHZ TRANSITION ADMINISTRATOR ('TRANSITION ADMINISTRATOR"), AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT, THE WAIVER, AND THE FREQUENCY RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR; AUTHORIZING FUNDING AND APPROPRIATIONS ON AN AS -NEEDED BASIS SUBJECT TO BUDGETARY APPROVALS FOR VARIOUS CITY DEPARTMENTS TO ACCOMPLISH THE RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR AND TO BE DETERMINED DURING THE RECONCILIATION PROCESS. WHEREAS, on August 8, 2004, the Federal Communications Commission ("FCC") issued a report and order that modified its rules governing the 800 MHz band of radio communications frequencies and the purpose of such order was to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications systems in the band ("Reconfiguration") on a nationwide basis; and WHEREAS, on December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration regarding the waves and stages of the nationwide Reconfiguration process; and WHEREAS, the August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the 800 MHz Transition Administrator (the "Transition Administrator") pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions, are collectively referred to as the "Order"; and Ciry of Miami Page 1 of 4 Printed On: 7/18/2006 File Number. 06-01262 WHEREAS, pursuant to the Order, the City of Miami ("City") and Nextei are licensed on frequency allocations subject to Reconfiguration for Wave 3, Stage 1 impacting several City departments, and the City will also require reconfiguration for the Wave 3, Stage 2 process due to public safety system interoperability requirements and considerations; and WHEREAS, pursuant to the Order, Nextel and the City are required to enter into a Frequency Reconfiguration Agreement, in substantially the attached form (the "Agreement") for Wave 3, Stage 1 by August 14, 2006, and in accordance with the Order and the Agreement, Nextel will pay the City an amount to effect Reconfiguration of the City's affected frequency allocations ( "Reconfiguration Cost") and the City will certify to the Transition Administrator that the Reconfiguration Cost is the minimum amount necessary to provide comparable facilities for Wave 3, Stage 1; and WHEREAS, the City's Wave 3, Stage 1 reconfiguration processes are currently anticipated to occur from October to December of 2006, but the schedule is subject to change by the FCC and • the Transition Administrator; and WHEREAS, Wave 3, Stage 2 is anticipated to begin during June of 2007, and Nextel has agreed that Wave 3, Stage 2 reconfiguration costs of the City for interoperability reconfiguration with other public safety communications systems will be addressed during the Wave 3, Stage 2 period under a separate Stage 2 agreement; and WHEREAS, Nextel has provided to the City its corporate certificate dated July 14, 2008, authorizing Nextel's corporate representative to execute the Agreement for Wave 3, Stage 1 with the City; and WHEREAS, Nextel has provided to the City its corporate certificate dated July 14, 2006, authorizing Nextel's corporate representative to execute the Agreement for Wave 3, Stage 1 with the City; and WHEREAS, the estimated Wave 3, Stage 1 Reconfiguration Cost for the City is $145,105.20; and • WHEREAS, the City must execute the Agreement in order to accept from Nextei partial funding in the amount of $72,552.60 within 15 days of execution of the Agreement, then the City must proceed with the Wave 3, Stage 1 Reconfiguration, and Nextel will pay on a reimbursement basis any outstanding balance of the actual costs approved by the Transition Administrator and due to the City within 30 days after the Reconciliation Date for Wave 3, Stage 1; and WHEREAS, any Reconfiguration Cost for Wave 3, Stage 1 not approved by the Transition Administrator would need to be funded by the City; and Clry of Miami Page 2 of 4 Printed On: 7/18/2006 File Number: 06-01262 WHEREAS, as part of the Reconfiguration process, the FCC and the Transition Administrator require that the City execute a Waiver of Privilege and Confidentiality in substantially the attached form. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following new Special Revenue Fund is established and resources are appropriated as described herein: FUND TITLE: RESOURCES: APPROPRIATON: Frequency Reconflguratlon Program Wave 3, Stage 1 Frequency Reconfiguration Agreement with Nextel South Corp. (the "Agreement") On an as -needed, if needed, basis from various City departments subject to budgetary approval Approx. $145,195.20 To be determined during Reconciliation process pursuant to the Agreement Section 3. The City Manager is authorized(1) to accept said funding, to execute the Agreement. with Nextel, in substantially the attached form, to execute the Waiver, in substantially the attached form, required by the FCC and the Transition Administrator, and to provide all other necessary documents to implement the acceptance of and compliance with the Agreement, the Waiver and the frequency Reconfiguration processes required by the FCC and the Transition Administrator. Section 4. Funding and appropriations on an as -needed basis subject to budgetary approvals for various City departments is authorized in order to accomplish the Reconfiguration processes required by the FCC and the Transition Administrator and to be determined during the Reconciliation process. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM ANedRRFCTNESS- GE L. ' ER ANDEZ CITY ATTO ' NE F'ootno toe : City ofMlanJ Pape 3 of 4 Printed On: 7/18/2006 File Number. 06-01262 {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 Printed On: 7/1 B/2006