HomeMy WebLinkAbout2007/12/17 - ADMIN - Minutes - City Council - Study Session 71TY OF
S CIT. LOUIS OFFICIAL MINUTES
RK CITY COUNCIL STUDY SESSION
DECEMBER 17, 2007
The meeting convened at 6:28 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul
Omodt, Loran Paprocki and Susan Sanger.
Councilmembers absent: None
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Communications
Coordinator (Mr. Zwilling), Chief Information Officer (Mr. Pires), Broadband Coordinator (Mr.
Landis) HR Director & Deputy City Manager (Ms. Gohman) and Recording Secretary (Ms.
Schmidt).
Guests: Henry Camacho, Paul Kravolec, Unplugged Cities; Tom Asp, Consultant; John Shultz,
Brian Estrem, Eureka Broadband.
1. WiFi Update (Verbal)
Mr. Harmening updated Council on WiFi, stating on Friday, December 7, 2007, at Council's
direction, the City notified ARINC of City's intent to declare them in default of their contract.
He further stated the contract provision allows ARINC to talk with the City about the intent of
the default notice. Mr. Harmening stated in a joint meeting held on December 12 ARINC
indicated they would continue to work on contract through December 14, at which time ARINC
would release three areas (NAP's) of quadrant 1 for testing and then ARINC would stop
working. ARINC added that upon release, the level of performance in those areas would be the
best that they could attain for the WiFi network. He stated ARINC also indicated that if that
level was acceptable to the City, they would provide the City with a completion schedule for the
entire system and also consider liquidated damages for the penalty provision as part of a contract
with them. Mr. Harmening stated AR1NC also indicated that if the level of performance was not
acceptable to the City, they would enter into discussions with the City as to the next step in the
contract resolution process. Mr. Harmening stated the City Attorney attending those
conversations indicated he would still recommend declaring ARINC in default under the
contract. Mr. Harmening went on to state that the City indicated to ARINC that if they were able
to achieve acceptable performance in the quadrant 1 areas, the City would consider suggesting to
Council to continue on with the contract with the provision that ARINC met certain
requirements. This proposed contract would need to be returned from ARINC by December 17,
addressing the six requirements: 1) the completion schedule of the project, 2) AR1NC's proposal
for liquidated damages, 3) a proposal regarding eliminating any claims that ARINC would have
for additional compensation, 4) a contract deduct for delays in delivering the system, 5) a
contract deduct due to the fact that they have previously indicated they would not be able to meet
the specifications in the contract, 6) acceptance of the City's testing protocol that had been
discussed previously.
Mr. Harmening stated the NAP's were released for testing, with the final NAP released by
' AR1NC on December 15 and testing was performed. The testing revealed that in NAP 3000, 100
percent of the radios showed performance of at least 3 mbps; in NAP 6000, 90 percent of the
radios showed performance of at least 3 mbps; and in NAP 1000, 72 percent of the radios
Study Session Minutes -2- December 17, 2007
showed performance of at least 3 mbps. In sum almost 83 percent of the radios showed
performance of at least 3 mbps in these three NAP's combined. This was the first of several
measurements that would need to be taken, including indoor measurements.
Mr. Harmening stated ARINC sent a letter regarding the proposed amendments and stated
ARINC's proposal was significantly short of the City's expectations and staff still recommended
finding them in default. He stated that even if ARINC was found in default, the City and ARINC
would still have conversations regarding the contract considerations.
Councilmember Carver reiterated that ARINC didn't meet the contract deadline or performance
requirements. Mr. Pires agreed.
Councilmember Finkelstein stated ARINC did not meet any of the contract requirements. Mr.
Pires stated the network needed to have radio performance of 100 percent to meet the
specifications of contract, further stating 17 percent of radios were still not getting the
performance as contracted. Councilmember Finkelstein asked if the original (non-ARINC) pilot
subscribers would still be supported. Mr. Harmening stated yes.
Councilmember Sanger stated it was clear they could not or chose not to meet the contract
requirements.
Councilmember Omodt asked what the next step would be if ARINC was declared in default.
Mr. Scott stated it would be addressed in the near future.
Councilmember Paprocki reminded Council that even with limited success, revenue is not being
generated, as was the intent.
There was Council consensus to proceed forward in declaring ARINC in default of their
contract.
The meeting adjourned at 6:44 p.m.
Nancy Stroth, City Clerk Jef ac , ayor