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C7Y-Authorize Payment To Nextel South Corp Replacement EquipmentCOMMISSION 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. lnfrastructure With Full Data (Surveys, Environmental Scan, etc: N/A 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 December22,2004,the FCC issued a Supplemental Orderand Orderon 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 SprinUNextel 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 SprinUNextel rebanding mandate. Section 27(c) of the FRA allows the City to refund to SprinUNextel 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 retumed, are stated in the tables below: Motorola Replacement Equipment 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. Board Recommendation: Financia! lnformation : Source of Funds: Amount Account 1 $46,452 550-1 750-000674 2 OBPI Total $46,452 Financial lmoact Summarv: Alex Denis, Extension 6641 T:\AGENDAV0l 4\July 23\Procurement\Nextel fiGE}IDA 1ITEM ClIYE MIAMIBTACH }ATE 7-ZT Iq556 b:MIAMI BEACH Gty of miomi Beoch, l TOO Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSION MEMORANDUM To: Mayor Philip Levine and Members FRoM: Jimmy L. Morales, City Manager DATE: July 23,2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAII,II BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH CORP., FOR REPLACEMENT EQUIPMENT, !N THE AMOUNT OF $46,452, PURSUANT TO THE FCC MANDATED REBANDING PROJECT, AND AS AGREED TO IN THE FREQUENCY RECONFIGURATION AGREEMENT EXECUTED BY THE CITY IN 2007. ADMINISTRATION RECOMMENDATION Approve payment to Nextel South Corp. KEY INTENDED OUTCOME Build and Maintain Priority lnfrastructure With Full accountability. FUND!NG 550-1 750-000674 BACKGROUND INFORMATION On August 6,2004, the Federal Communications Commission ('FCC") issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems. On December 22,2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. Pursuant to the orders, certain licensees of 800 MHz channels used in public safety or other systems must relinquish theirexisting channels and relocate theirsystems to other licensed channels. Also pursuant to the orders, Nextel must relinquish some of its existing channels and must provide and pay relocation funds ("Relocation Funds") to enable affected licensees to relocate their systems onto Replacement Channels and reconfigure their systems so that they are "Comparable Facilities". These FCC orders were commonly referred to as the Sprint/Nextel Reband ing Mandate. The Mayor and City Commission approved a resolution, introduced on June 6, 2006, dealing with the Reconfiguration Planning Phase of the project to execute a reconfiguration planning phase agreement forthe reconfiguration of 800 MHz channels used in the city's public safety communications system. On May 16,2007, the City Commission authorized the Mayor per Resolution No. 2007- 26530, to execute the Frequency Reconfiguration Agreement (FRA) forthe reconfiguration of 800 MHz channels used in the city's public safety communications system forthe purpose of complying with the SprinUNextel rebanding mandate. 557 Commissbn Menpradum Nextel South Corp., Repbcement Equ$nnnt Paynant July 23,2014l;.;,1r1 l2 Section 27(c) of the FRA allows the City to refund to SprinUNextelthe product typicalvalue ("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 CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission authorized the payment of $4,6,452, to NextelSouth Corp., to coverthe product typical value of the radios not returned to Nextel. JLM/JMT/AS/AD T:\AGENDA\2014UuneUuly 23, 2014 Procurement\Nextel South Corp., Replacement Equipment (MEMO).doc Quantity Description Model Number Unit PTV Extended PTV 21 Rebanding Mobile XTL2sOO RB 2,050.00 43,050.00 21 SmartZone Ooeration Smartzone '162.00 3,402.00 TOTAL 46,452.00 558 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH CORP., FOR REPLACEMENT EQUIPMENT, !N 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 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"; and WHEREAS, these FCC Orders were commonly referred to as the SprinVNextel 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 SprinUNextel Rebanding Mandate; and WHEREAS, Section 27(c) of the FRA allows the City to refund to SprinUNextel 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. 559 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. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\July 23\Procurement\Nextel Replacement Equipment Payment- RESO.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUNON ?^l&t- r(r'.(t4- - - CityAttomey .#r{?t Dote 560 THIS PAGE INTENTIONALLY LEFT BLANK 561