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Home My WebLink AboutR-08-0434City of Miami Legislation Resolution: R-08-0434 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00791 Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING INTO THE EXISTING SPECIAL REVENUE FUND ENTITLED:"FREQUENCY RECONFIGURATION PROGRAM", ACCOUNT NO. 10090.241000.414200.0000.00000 (PROJECT NO. 24-110117), AWARD NO. 1332, TO RECEIVE FUNDING FROM NEXTEL SOUTH CORP. ("NEXTEL") PURSUANT TO A FEDERALLY MANDATED PHASE II FREQUENCY RECONFIGURATION AGREEMENT ("PHASE II AGREEMENT") FOR WAVE 3, STAGE 2 REGARDING NATIONWIDE RECONFIGURATION OF PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEMS, WITH SUCH FUNDING TO OCCUR PARTIALLY SOON AFTER THE EXECUTION OF SUCH AGREEMENT AND PARTIALLY ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE THE PHASE II AGREEMENT WITH NEXTEL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN EQUIPMENT EXCHANGE AGREEMENT ("EQUIPMENT EXCHANGE AGREEMENT") WITH MOTOROLA, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION ("FCC") AND THE 800 MHZ TRANSITION ADMINISTRATOR ("TRANSITION ADMINISTRATOR"), AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS AND CERTIFICATIONS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE PHASE II AGREEMENT, THE EQUIPMENT EXCHANGE AGREEMENT, AND THE PHASE II FREQUENCY RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR; AUTHORIZING FUNDING AND APPROPRIATIONS ON AN AS -NEEDED, IF NEEDED, BASIS SUBJECT TO BUDGETARY APPROVALS FOR VARIOUS CITY DEPARTMENTS TO ACCOMPLISH THE PHASE II RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR AND TO BE DETERMINED DURING THE PHASE II RECONCILIATION PROCESSES. WHEREAS, on August 6, 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 City of Miami Page 1 of 3 File Id: 08-00791 (Version: 1) Printed On: 5/10/2017 File Number: 08-00791 Enactment Number: R-08-0434 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 WHEREAS, pursuant to the Order, the City of Miami ("City") and Nextel are licensed on frequency allocations subject to Reconfiguration for Wave 3, Stage 1 ("Phase I") impacting several City departments, and the City will also require reconfiguration for the Wave 3, Stage 2 ("Phase 11") process due to public safety system interoperability requirements and considerations with the State of Florida, Miami -Dade County, and other regional and local governments; and WHEREAS, pursuant to the Order, Nextel and the City previously entered into a Frequency Reconfiguration Agreement for Phase I, in substantially the attached form (the "Phase I Agreement") for Wave 3, Stage 1 on August 23, 2006, and in accordance with the Order and the Phase I Agreement, Nextel has paid the initial costs of Phase I configuration and is paying the City an amended amount to effect Phase I Reconfiguration of the City's affected frequency allocations "Phase I Reconfiguration Cost") and the City has previously certified to the Transition Administrator that the Phase I Reconfiguration Cost as amended was the minimum amount necessary to provide comparable facilities for Wave 3, Stage 1; and WHEREAS, the City's Phase I Reconfiguration processes occurred from October of 2006 to February of 2007, and WHEREAS, Wave 3, Stage 2 Phase II Reconfiguration processes are anticipated to begin during August of 2008, and Nextel has agreed that Wave 3, Stage 2 Phase II 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 Phase II Frequency Reconfiguration Agreement (the "Phase II Agreement"); and WHEREAS, the estimated Wave 3, Stage 2 Phase II Reconfiguration Costs for the City are approximately three hundred thousand dollars ($300,000); and WHEREAS, the City must execute the Phase II Agreement in order to accept from Nextel partial funding in the approximate amount of one hundred and fifty thousand dollars ($150,000) within fifteen (15) days of execution of the Phase II Agreement, then the City must proceed with the Wave 3, Stage 2 Phase II 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 thirty (30) days after the Phase II Reconciliation Date for Wave 3, Stage 2; and WHEREAS, the Phase II Reconfiguration processes include some required exchanges of certain equipment with Motorola, Inc. pursuant to a separate Equipment Exchange Agreement certain costs of which are proposed to be covered by Nextel; and WHEREAS, any Reconfiguration Costs for Wave 3, Stage 2 not approved by the Transition Administrator would need to be funded by the City; and WHEREAS, as part of the Phase II Reconfiguration process, the FCC and the Transition Administrator require that the City execute the Phase II Agreement and the Equipment Exchange Agreement; City of Miami Page 2 of 3 File Id: 08-00791 (Version: 1) Printed On: 5/10/2017 File Number: 08-00791 Enactment Number: R-08-0434 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 City Manager is authorized{1} to accept funding into the existing Special Revenue Fund entitled "Frequency Reconfiguration Program" Account No. 10090.241000.414200.0000.00000 (Project No. 24-110117, Award No. 1332) to receive funding from Nextel South Corp. ("Nextel") pursuant to a federally mandated Phase II Frequency Reconfiguration Agreement ("Phase II Agreement") for Wave 3, Stage 2 regarding nationwide reconfiguration of public safety radio communications systems, with such funding to occur partially soon after the execution of such Phase II Agreement and partially on a reimbursement basis. Section 3. The City Manager is authorized{1} to negotiate and to execute the Phase II Agreement with Nextel, in a form acceptable to the City Attorney, and to negotiate and to execute the Equipment Exchange Agreement with Motorola, Inc., in a form acceptable to the City Attorney, as required by the FCC and the Transition Administrator, and to provide all other necessary documents in order to implement the acceptance of and compliance with the Phase II Agreement, the Equipment Exchange Agreement and the Phase II frequency reconfiguration processes required by the FCC and the Transition Administrator. Section 4. Funding and appropriations on an as -needed, if needed, basis subject to budgetary approvals for various City departments is authorized in order to accomplish the Phase II reconfiguration processes required by the FCC and the Transition Administrator and to be determined during the Phase II reconciliation processes. Section 5.This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {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 3 of 3 File Id: 08-00791 (Version: 1) Printed On: 5/10/2017