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2014-28668 Reso RESOLUTION NO. 2014-28668 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH CORP., FOR REPLACEMENT EQUIPMENT, IN THE AMOUNT OF $46,452, PURSUANT TO THE FEDERAL COMMUNICATIONS COMMISSION MANDATED REBANDING PROJECT, AND AS AGREED TO IN THE FREQUENCY RECONFIGURATION AGREEMENT EXECUTED BY THE CITY. WHEREAS, On August 6, 2004, the Federal Communications Commission ("FCC") issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems, and subsequently, on December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294 (collectively referred to herein as "Orders"); and WHEREAS, pursuant to the Orders,- certain licensees of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels; and WHEREAS, pursuant to the Orders, Nextel must relinquish some of its existing channels and must provide and a relocation funds "Relocation Funds") to enable affected licensees to P pay ( relocate theirs stems onto Replacement Channels and reconfigure theirs stems so that they are "Comparable Facilities"; and WHEREAS, these FCC Orders were commonly referred to as the Sprint/Nextel Rebanding Mandate; and WHEREAS, the Mayor and City Commission approved a resolution, introduced on June 6, 2006, dealing with the Reconfiguration Planning Phase of the project to execute a reconfiguration planning phase agreement for the reconfiguration of 800 MHz channels used in the City's public safety communications system; and WHEREAS, on May 16, 2007, the City Commission authorized the Mayor, per Resolution No. 2007-26530, to execute the Frequency Reconfiguration Agreement (FRA)for the reconfiguration of 800 MHz channels used in the City's public safety communications system for the purpose of complying with the Sprint/Nextel Rebanding Mandate; and WHEREAS, Section 27(c) of the FRA allows the City to refund to Sprint/Nextel the product typical value ("PTV") for certain items of Replacement Equipment that corresponds to the items of Replaced Equipment that were not returned to Nextel and/or Motorola pursuant to the terms of the FRA, dated August 6, 2007. Pursuant to contract Section 27(c) and Exhibit E from the FRA, the PTV amounts for the Replacement Equipment that corresponds to the Replaced Equipment not returned total $46,452; and WHEREAS, the Administration is recommending keeping the equipment and paying the PTV value, in the amount of$46,452, as set forth in the FRA. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize payment to Nextel South Corp., for the replacement equipment to in the amount of $46,452, pursuant to the Federal Communications Commission Mandated Rebanding Project, and as agreed to in the Frequency Reconfiguration Agreement executed by the City. PASSED AND ADOPTED this day of 2014. ATTEST: Rafael E. Granad , City Clerk hi " -ne, Mayor f�yr T:\AGENDA\2012 �P'ro c • me �•Nex cement Equipment Payment-RESO.doc r 1 �� I°°'max�•". � IN'CORR CRATEpo `� • APPROVED AS TO X, � •�, FORM & LANGUAGE . e0 1k — & FOR EXECUTION City Attorneys Date I i I COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH CORP.,FOR REPLACEMENT EQUIPMENT,IN THE AMOUNT OF $46,452, PURSUANT TO THE FCC MANDATED REBANDING PROJECT, AND AS AGREED TO IN THE FREQUENCY RECONFIGURATION AGREEMENT EXECUTED BY THE CITY IN 2007. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure With Full accountability. Supporting Data(Surveys, Environmental Scan,etc: N/A Item Summary/Recommendation: On August 6, 2004, the Federal Communications Commission ("FCC") issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems. On December 22,2004,the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. Pursuant to the orders,certain licensees of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels. Also pursuant to the orders,Nextel must relinquish some of its existing channels and must provide and pay relocation funds("Relocation Funds")to enable affected licensees to relocate their systems onto Replacement Channels and reconfigure their systems so that they are "Comparable Facilities". These FCC orders were commonly referred to as the Sprint/Nextel Rebanding Mandate. The Mayor and City Commission approved a resolution,introduced on June 6,2006,dealing with the Reconfiguration Planning Phase of the project to execute a reconfiguration planning phase agreement for the reconfiguration of 800 MHz channels used in the city's public safety communications system. On May 16, 2007, the City Commission authorized the Mayor per Resolution No. 2007-26530, to execute the Frequency Reconfiguration Agreement(FRA)for the reconfiguration of 800 MHz channels used in the city's public safety communications system for the purpose of complying with the Sprint/Nextel rebanding mandate. Section 27(c)of the FRA allows the City to refund to Sprint/Nextel the product typical value("PTV")for certain items of Replacement Equipment that corresponds to the items of Replaced Equipment that were not returned to Nextel and/or Motorola pursuant to the terms of the FRA dated August 6,2007. Pursuant to contract Section 27(c)and Exhibit E from the FRA,the PTV amounts for the Replacement Equipment that corresponds to the Replaced Equipment not returned, are stated in the tables below: Motorola Replacement Equipment Quantity Description Model Number Unit PTV Extended PTV 21 Rebanding Mobile XTL2500 RB 2,050.00 43,050 21 SmartZone Operation Smartzone 162.00 3,402 TOTAL 46,452 CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission authorized the payment of$46,452,to Nextel South Corp.,to cover the product typical value of the radios not returned to Nextel. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $46,452 550-1750-000674 2 OBPI Total 1 $46,452 Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: Depa ent Director Assistant er City Manager AS imic kAM T:7AGENDA\2014\July 23\Procurement\Nextel Rep------ n ment Payment( U ARY).doc AGENDA]ITEM C MMI C DATE -� 2�—�y MIAMI BEACH City of!Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miumibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City Co mission FROM: Jimmy L. Morales, City Manager DATE: July 23, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH CORP., FOR REPLACEMENT EQUIPMENT, IN THE AMOUNT OF $4694529 PURSUANT TO THE FCC MANDATED REBANDING PROJECT, AND AS AGREED TO IN THE FREQUENCY RECONFIGURATION AGREEMENT EXECUTED BY THE CITY IN 2007. ADMINISTRATION RECOMMENDATION Approve payment to Nextel South Corp. KEY INTENDED OUTCOME Build and Maintain Priority Infrastructure With Full accountability. FUNDING 550-1750-000674 BACKGROUND INFORMATION On August 6, 2004, the Federal Communications Commission ("FCC") issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. Pursuant to the orders, certain licensees of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels. Also pursuant to the orders, Nextel must relinquish some of its existing channels and must provide and pay relocation funds("Relocation Funds")to enable affected licensees to relocate their systems onto Replacement Channels and reconfigure their systems so that they are "Comparable Facilities". These FCC orders were commonly referred to as the Sprint/Nextel Rebanding Mandate. The Mayor and City Commission approved a resolution, introduced on June 6, 2006,dealing with the Reconfiguration Planning Phase of the project to execute a reconfiguration planning phase agreement for the reconfiguration of 800 MHz channels used in the city's public safety communications system. On May 16, 2007, the City Commission authorized the Mayor per Resolution No. 2007- 26530,to execute the Frequency Reconfiguration Agreement(FRA)forthe reconfiguration of 800 MHz channels used in the city's public safety communications system for the purpose of complying with the Sprint/Nextel rebanding mandate. Commission Memorandum Nextel South Corp.,Replacement Equipment Payment July 23,2014 Pa ge g Section 27(c) of the FRA allows the City to refund to Sprint/Nextel the product typical value ("PTV") for certain items of Replacement Equipment that corresponds to the items of Replaced Equipment that were not-returned to Nextel and/or Motorola pursuant to the terms of the FRA dated August 6, 2007. Pursuant to contract Section 27(c)and Exhibit E from the FRA, the PTV amounts for the Replacement Equipment that corresponds to the Replaced Equipment not returned, are stated in the tables below: Motorola Replacement Equipment Quantity Description Model Number Unit PTV Extended PTV 21 Rebanding XTL2500 RB 2,050.00 43,050.00 Mobile 21 SmartZone Smartzone 162.00 3,402.00 Operation TOTAL 46,452.00 CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission authorized the payment of$46,452,to Nextel South Corp.,to cover the product typical value of the radios not returned to Nextel. JLM/JMT/AS/AD T:IAGENDA\2014\JunelJuly 23,2014 Procurement\Nextel South Corp.,Replacement Equipment(MEMO).doc