Explanation
Background: The City of Columbus holds a Federal Communications Commission (FCC) radio license in the 800 MHz frequency band for public safety communications. Pursuant to Order of the Federal Communications Commission Docket No. 02-55 (800 MHz Report and Order), all public safety systems operating in the 800 MHz band, including the City of Columbus and users of its radio system (approximately 120 outside agenies), must move from their current 800 MHz frequency spectrum to a new dedicated spectrum allocated for public safety users only. This will eliminate interference currently being caused by Nextel and other commerical wireless systems sharing the same frequency band. This nation-wide project is referred to as the 800 MHz rebanding process.
The FCC appointed an independent entity, the 800 MHz Transition Administrator (TA), to oversee the reconfiguration process. The TA will not only manage both the administrative and financial aspects of the reconfiguration, but it also will establish a relocation schedule, approve cost estimates/reconfiguration contracts, and facilitate the resolution of any disputes that may arise. The TA developed a regional prioritization plan and divided the country into 4 "waves". Those states in the first "wave" have already begun the reconfiguration process. The state of Ohio is included in the fourth "wave" and began rebanding activities in April, 2006.
The FCC further has ordered Nextel to pay all the funding relocation costs for affected licensees. The terms of each reconfiguration contract must be negotiated between each federal licensee (the City) and Nextel. The City has already obtained outside counsel to negotiate, draft and finalize the appropriate reconfiguration contract with Nextel for appproval by the TA. See, Ord. 1793-2005 (Shulman, Roger, Gandal, Pordy & Ecker).
In addition, Nextel must pay for a licensee to obtain a qualified engineering consultant to assist in the actual reconfiguration, negotiating and contracting process. The engineering consultant can, among other engineering consultanting services, put together the necessary documentation to support the licensee's technical requirements for reconfiguration, costs estimates for completing the work, and insure comparable facilities and performance are provided to the City as agreed to by Nextel and the TA, while minimizing downtime.
This ordinance authorizes the Public Safety Director to enter into an agreement with a qualified engineering consultant, Trott Communications Group, Inc., to facilitate a smoother, more productive reconfiguation, and to assist in the negotiaing and contracting process. The company is based in Irving, Texas, and has significant engineering experience with 800 MHz rebanding projects in the 1-3 wave regions, including cities, counties and airports in Texas, Florida and Connecticut. The supervising project engineer will be George W. Weimer, P.E., who has more than 34 years experience in land mobile communications.
Due to the complex, costly and time consuming procedures associated with the rebanding process and the public safety concerns affected by reconfiguration, it is in the best interest of the City to obtain a professional engineering consultant with particular expertise in this specialized area to assist the City in the rebanding process.
Fiscal Impact: Funds do not need to be specifically budgeted for these services. There is no cost associated with this ordinance because the City will elect to have the engineering firm's compensation paid directly to the firm by Nextel and/or the TA on the City's behalf at the end of the project. The firm will assume the risk of payment through Nextel and/or the TA. The aggregate amount of engineering fees are determined by the final reconfiguration agreement negotiated with Nextel according to the reimbursement guidelines established by the TA.
Emergency action is requested so that time-sensitive rebanding work may proceed without delay.
Title
To authorize the Public Safety Director to enter into a contract for professional engineering consulting services with Trott Communications Group, Inc. in connection with rebanding planning, negotiations, implementation and any and all other rebanding related activities as deemed necessary and appropriate by the City, and to declare an emergency.
Body
Whereas, it is necessary for the City to obtain a qualified engineering consultant to assist the City in its rebanding process to ensure that the communications needs and requirements of the City are met throughout the rebanding process and that comparable facilities are obtained by the City; and
Whereas, the engineering firm of Trott Communications Group, Inc. is an independent, professional engineering firm who specializes in public safety communications systems, including 800 MHz rebanding consulting; and
Whereas, the FCC-mandated rebanding of the 800 MHz public safety radio system will be a difficult and time-consuming process and it is vital that the City obtain qualified professional engineering services to ensure the City's rebanding process is smooth, efficient and the City receive comparable facilities from Nextel.
Whereas, an emergency exists in the usual daily operations of the City in that it is immediately necessary for the public peace, health, safety and welfard of the City to enable the Public Safety Director to enter into a contract for such services so that the rebanding work may proceed without delay; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That the Safety Director be and is authorized to enter into a contract with the engineering firm of Trott Communications Group, Inc. for professional engineering services in connection with the rebanding process.
Section 2. That no funds shall be expended for this contract.
Section 3. That the provisions of Chapter 329 of the Columbus City Code relative to the procurement of professional services are hereby waived being deemed to be in the best interest of the City for the reasons that this contract requires specialized engineering knowledge and experience. See ORD 1836-2006BidWaiverForm.doc/attachment hereto.
Section 4. That for the reasons set forth in the preamble hereto which is incorporated as if fully restated herein, this ordinance is hereby deemed to be an emergency measure and shall take effect and be in force from and immediately after its passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.