ORDINANCE NO. 051388

Authorizing a $50,000.00 contract with the law firm of Shulman, Rogers, Gandal, Pordy & Ecker for legal services related to rebanding negotiations with Nextel and recognizing an emergency.

WHEREAS, rebanding of the Citys radio communication system is necessary as a result of Federal Communications Commission Order 04-168 addressing the interference with public safety radio communication systems resulting from the mobile radio service provider Nextel; and,

WHEREAS, the Federal Communications Commission order requires Nextel to compensate users of public safety radio communications systems for the costs of rebanding; and

WHEREAS, for the City to recover its costs of rebanding it will be necessary for the City to negotiate a rebanding proposal with Nextel; and

WHEREAS, the City needs counsel experienced in this narrow field of expertise to represent it in rebanding negotiations with Nextel and for which the City will seek reimbursement from Nextel for the costs of such representation; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the City Attorney is hereby authorized to execute an agreement with Shulman, Rogers, Gandal, Pordy & Ecker, P.A., providing for up to $50,000.00 in compensation and reasonable expenses from funds previously appropriated to Account No. 06-1000-897729-B to provide for their representation of, and such related assistance to, the City in negotiating a proposal to reband the Citys radio communications systems made necessary as a result of Federal Communications Commission order addressing the interference with public safety radio communication systems resulting from the mobile radio service provider Nextel and negotiating compensation from Nextel for costs associated with rebanding. A copy of said proposed agreement is attached hereto and made a part hereof.

Section 2. That this ordinance is recognized as an emergency measure for the appropriation of money within the provisions of Section 15, City Charter and shall take effect in accordance with that section.

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

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Wanda Gunter

Acting Director of Finance

Approved as to form and legality:

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Alan Holtkamp

Assistant City Attorney