HomeMy WebLinkAbout1993-067
RESOLUTION NO.
93-67
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A LICENSE
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE USE OF COUNTY
3 CIRCUITS AND RADIO TOWER RACK SPACE RELATING TO THE INSTALLATION OF
THE CITY'S MOBILE DATA TERMINAL SYSTEM (MDT) SYSTEM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor is hereby authorized and directed to
7 execute a license agreement with the County of San Bernardino for
8
the use of County circuits and radio tower rack space relating to
9 the installation of the City's mobile data terminal (MDT) system,
10 a copy of which is attached hereto, marked Exhibit nAil,
11 incorporated herein as though fully set forth at length.
12 SECTION 2. The authorization to execute the above
13 referenced agreement is rescinded if the parties to the agreement
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fail to execute it within sixty (60) days of the passage of this
15 resolution.
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foregoing
resolution was duly
I HEREBY CERTIFY that the
and Common Council
of the city
adopted by the Mayor
of San
Bernardino at a
reqular
meeting thereof, held on the
March
, 1993, by the following vote, to wit:
22nd
day of
20 Councilmembers
21 ESTRADA
22 REILLY
23 HERNANDEZ
24 MAUDSLEY
25 MINOR
26 POPE-LUDLAM
27 MILLER
28
ABSTAIN
ABSENT
AYE~
NAYS
x
x
x
x
x
x
x
iU
RES 93-67
RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH THE' COUNTY
OF SAN BERNARDINO RELATING TO THE INSTALLATION OF A MDT
SYSTEM.
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~ IT, ,~
. ';-K~
City Clerk
r- - \
The foregoing resolution is hereby approved th~a ~~l\ day of
U , 1993.
Approved as to form
9 and legal content:
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JAMES F. PENMAN
City At orney
/., ,".'//;f~ ~
W.' R.' ~lCOmb, Mayor
City of San Bernardino
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<I:>'}'v>>t:
Res. 93-67
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SITE LICENSE AGREEMENT
by and between
COUNTY OF SAN BERNARDINO (COUNTY)
and
CITY OF SAN BERNARDINO (LICENSEE)
for
RACK SPACE and/or COUNTY CIRCUITS
WHEREAS, LICENSEE desires to use a portion of existing County of San Bernardino microwave circuit(s) (Circuits) and/or
communication site(s) (Site), designated on Schedule A, for LICENSEE's communication and/or for location of and operation of
LICENSEE's communication system equipment; and
WHEREAS, COUNTY is willing to permit said use of the County Circuits/Sites subject to certain conditions; and,
WHEREAS, portions of the Site arc currently excess to the COUNTY's needs.
NOW, THEREFORE, in consideration of the execution of this Agreement, the parties mutually agree to the following
conditions.
1 DEFINITIONS
1.1 "License" means this License Agreement and any relevant Documents including any Schedules and/or
Attachments, all of which are made a part of this Liecnse.
1.2 "Site" refers individually or collectively to the physical propcrty and all the structurcs thereon, including, thcrein,
County designated rack space, each rack space defined as space for one (1) EIA Standard 19" wide by 2' deep
by 7' tall rack and the use of cable runs and County designated tower space for the placement of the antcnna(s)
as may be singnlarly or collcctively approved by COUNTY,
1.3 "Improvements" (when applicable) refers individually or collectivcly to the LICENSEE's communication system
and related equipment, cabling and antenna(s) as may be approved by the Office of Management Services-
Communications Division.
1.4 "Circuits" (when applicable) refers individually or collectively to the COUNTY microwave circuit(s) licensed
herein for use by LICENSEE. Each Circuit is a single DSO digital channel path for digital routes or a single
analog voice channel for analog rQutes.
2 LICENSE TO USE
COUNTY hereby gives permission, revocable and terminable as hereinafter provided, to LICENSEE to enter the Site
for the purpose of installing and maintaining Improvements. LICENSEE shall not be permitted to use the Site for any
other purpose, except by prior wrillen permission of COUNTY.
3 LICENSEE IMPROVEMENTS
3,1 Acknowledgement of Responsibility
LICENSEE acknowledges that the Site is essential to COUNTY's fulfilling its mission of public safcty and well-
being, as well as gcncral govcrnmcnt. In light of this, LICENSEE warrants that it will cxercise all professional
and ethical diligence in safeguarding and restricting access to the Site and protecting COUNTY property, of all
kinds, at said Site. LICENSEE warrants that it will not disturb or tampcr with any COUNTY equipment, to
Site-Lie - 8/19191
Revised: 9/10/92
Page 1 of 6
SL93-064-SBCITY
. RES 93-67
include, but not limited, to electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines,
etc" at any Site. Exercising all diligence, LICENSEE warrants that it will do its utmost to insure the ability of
the COUNTY to fulfill its mission at/through the Site.
3.2 Requirements. Limitations. and Installation Conditions - This License is subject to the limitations, requirements
and installation conditions as set forth below:
3.2.1 Installation: LICENSEE will observe standard safety practices when climbing towers and when
installing Improvements. LICENSEE agrees to install, maintain, and operate its Improvements in
accordance with the highest standards prevailing in the communications industry. Installation practices
and materials are subject to approval of the Office of Management Services. Communications Division
and the 800MHz System Administration and Management Unit (SAMU).
3.2,2 Access: COUNTY will provide two (2) sets of keys for each Site. These keys will open the locks on
the chain link fence, the padlock beneath the metal doorplate, the deadbolt and the doorknob.
LICENSEE will call (909) 356-3991 prior to going to the Site to advise the COUNTY of work to be
performed. Upon entry to site, LICENSEE shall utilize the orderwire to notify COUNTY of entry and
anticipated time on site, Upon completion of work, LICENSEE shall notify COUNTY by orderwire that
site is being secured. LICENSEE shall provide COUNTY with a list of authorized personnel who may
be accessing site, and will update the list each time there is a personnel change, This action will alert
the COUNTY to expect appropriate alarms to be generated at the Site. Failure to make this notification
call may result in response by the County Sheriff, possible arrest, and LICENSEE possibly being charged
for the cost of the response. COUNTY will advise LICENSEE of any procedural changes as may occur
in the future and LICENSEE will be bound to comply with these changes.
3.2.3 Equipment Changcs: Changes and modifications to Improvements, that may alter performance, are
to be coordinated between the LICENSEE and the Office of Management Services-Communications
Division.
3.2.4 Power: COUNTY will provide 110 V AC and 48 VDC battery power at the sites.
3.2.5 Limitations: The LICENSEE shall provide all antenna equipment/hardware necessary for the operation
of their system. The LICENSEE shall not use, connect to or negatively affect the COUNTY's antenna
system or any COUNTY RF equipment/hardware.
3.3 Additional Controllinl! Documents - Site may be subject to Leases, Licenses, and/or Right-of-Way
Grants/Temporary Use Permits secured by the COUNTY from other governmental or privatc agencies,
LICENSEE agrees to be bound by the conditions/covenants of these and is responsible for any related costs that
may be incurred directly or indirectly on behalf of LICENSEE's use of the Site.
LICENSEE will be furnished with copies of any relevant Documents that may have an impact upon the Site,
3.4 Maintenance - The costs of any maintenance and operation of the Improvements shall be at the sole expense of
LICENSEE.
3.5 Interference - Improvements shall be located so as not to interfere, physically or electronically, with any of the
COUNTY's operations,
In the event the COUNTY determines or is notified that the operation of the LICENSEE's Improvements caused
or is causing interference to transmission and/or reception of any other communications systems in use in the
vicinity of the Site, OMS shall notify LICENSEE to correct the problem and COUNTY reserves the right to
immediately remove LICENSEE's equipment from service.
If such intedcTcnce is not climinated within a twenty-lOUT (24) hOUT period, COUNTY will immediatcIy
terminate this License and take whatever immediate steps are necessary to eliminate said int.erference,
including powering 0(( LICENSEE's equipment without lUTtheT notification.
4 COUNTY CIRCUITS
4.1 Circuit Conlrol - COUNTY reserves the right to manage and control COUNTY's Circuits from time-to-time for
the COUNTY's Public Service Requirements. COUNTY will endeavor to give LICENSEE sufficient notice of
control but cannot be held responsible for interruption to LICENSEE's usage.
Site-Lie - 8/19/91
Revised: 9/10/92
Page 2 of 6
SL93-064-SBCITY
lQ>S 93-67
4.2 Maintenance - COUNTY will exercise all reasonable carc to insure the availability and quality of its circuits
licensed to LICENSEE. However, this Lieense neither carries nor implies any warranty relative to thc availability
or performance of COUNTY Circuits licensed to LICENSEE. LICENSEE has no legal or other recourse in the
cvent of failed or unsatisfactory COUNTY Circuit availability or performance,
5 GENERAL
5.1 Term - This License is valid until such time as it is terminated by either party, except as otherwise noted.
COUNTY or LICENSEE may terminate this Agreemcnt by giving ninety (90) days written notice to the other
party of this termination, except COUNTY may terminate immediately in accordance with Paragraph 3.5,
5.2 Indemnification - LICENSEE agrees to indemnify, defend and hold harmless the COUNTY and its authorized
agents, officers, volunteers and employees against any and all claims or actions arising from LICENSEE's acts,
errors or omissions and for any costs or expenses ineurrcd by the COUNTY on account of any claim therefor.
LICENSEE shall be liable for all claims, demands, actions, and causes of action founded upon the negligence or
otherwise wrongful conduct on the part of any employee of LICENSEE attributable to LICENSEE's
installation/maintenance or operation of LICENSEE's Improvements on the Site. Further, LICENSEE shall
release, remise, and forever discharge COUNTY of and from any and all claims, demands, actions, and causes
of action, not bascd upon the intentional acts or negligence of COUNTY, that LICENSEE may acquire by reason
of LICENSEE's installation/maintenance or operation of LICENSEE's Improvements on the Sileo
5.3 Insurance
53.1 In order to accomplish the indemnification herein provided for, but without limiting the indemnification,
the LICENSEE shall secure and maintain throughout the term of the contract the following types of
insurance with limits as shown:
a. Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved
Self-Insuranee Program in an amount and form to meet all applicable requirements of the Labor
Code of thc State of California, including Employer's Liability with $250,000 limits, covering all
persons providing services on behalf of the LICENSEE and all risks to such persons under this
Agreement.
b. Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles.
The policy shall have combined single limits for bodily injury and property damage of not less
than one million dollars ($1,000,000).
c. Errors and Omissions Liability Insurance (if applicable) - Combined single limits of $1,000,000
for bodily in jury and property damage or
Professional Liabilitv (if applicable) - Professional liability insurance with limits of at least
$1,000,000 per claim.
53.2 Additional Named Insured - All policies, except for the Workers' Compensation coverage, shall contain
additional endorsements naming the COUNTY, their employees, agents, volunteers and officers as
additional named insured with respect to liabilities arising out of the performance of services hereunder.
For Professional Liability coverage the COUNTY shall be named as a designated person referencing the
Contract No. on the policy,
533 Waiver of Subrogation Rights - LICENSEE shall require the carriers of the above required coverages
to waive all rights of subrogation against the COUNTY, its officers, volunteers, employees, contractors
and subcontractors.
53.4 Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the COUNTY.
53.5 Proof of Coverage - LICENSEE shall immediately furnish certificates of insurance and within 60 days
provide certified copies of all policies and endorsements to the COUNTY evidencing the insurance
coverage above required prior to the commencement of performance of scrvices hereunder, which
certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days
written notice to the COUNTY, and shall maintain such insurance from the time LICENSEE commences
performance of scrvices hereunder until the completion of such services. Within sixty (60) days of the
Site-Lie - 8/19/91
Revised: 9/10/92
Page 3 of 6
SL93-064-SBCITY
RES 93-67
commencemcnt of this License the LICENSEE shall furnish to the COUNTY certified copies of the
policies and endorsements.
5.3.6 Insurance Review - The above insurance requirements are subject to periodic review by the County.
The County's Risk Manager is authorized, but not required, to reduce or waive any of the above
insurance requirements whenever the Risk Manger determines that any of the above insurance is not
available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if
the Risk Manager determines that heretofore required insurance is unreasonably priced or unavailable,
the Risk Manager is authorized, but nol required, to change Lhc above insurance requirements to require
additional types of insurance coverage or higher coverage limits, provided that any such change is
reasonable in light of past claims against the County, inflation, or any other item reasonably related to
the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change requiring additional
types of insurance coverage or higher coverage limits must be made by amendment to this Agreement.
LICENSEE agrees to execute any such amendment within thirty (30) days of receipt.
5.4 Permits - LICENSEE is responsible for obtaining and paying the costs of all permits, other licenses or approvals
by any other regulatory bodies having jurisdiction over the uses authorized herein.
5.5 License Fee - LICENSEE agrecs to pay COUNTY, at the address specified in Paragraph 5.15, the fees as sct
forth on Schedule A of this License,
5.6 Compliance - Should LICENSEE fail or neglect:
5.6,1 To comply with any term or condition of this License, or
5.6.2 To comply with any reasonable requirement of COUNTY after thirty (30) days written notice and
demand, or
5.6.3 To comply with any Master Lease, Agreement, or Permit that the COUNTY is subject to, this License
shall be subject to immediate termination.
a. In the event of such termination, if this License involves COUNTY Circuits, COUNTY may
immediately disconnect such circuits, either electronically or physically.
b. In the event of such termination, LICENSEE shall, if appropriate, immediately remove any and
all of LICENSEE's Improvcments from the Sites and surrender all rights and privileges under
this License,
If LICENSEE fails to promptly restore the Site to its former condition, the COUNTY may restore the Site at
LICENSEE's sole expense, if appropriate.
5.7 Fiscal Ycar Appropriations - After June 30th, of the current fiscal year, this License may be terminated subject
to the availability of funding if LICENSEE is a government agency. LICENSEE shall provide COUNTY written
notification at least ninety (90) days prior to termination effective date under these conditions.
5.8 Exercise of COUNTY's Rights and Authority - The Assistant Administrative Officer for the COUNTY's Office
of Management Services (AAO-OMS), acting on behalf of the COUNTY, is authorized to discharge all functions
ascribed to COUNTY in this Agreement, except those specifically rcserved by law to the Board of Supervisors.
5.9 Changes & Right to Prioritize - COUNTY rcserves the right to make Rack and Tower Space changes, and to
prioritize or restrict usage as necessary to optimize overall service effectiveness to the COUNTY and its users.
5.10 Assignments. Subleases and Transfers - No assignment, sublease, or other transfer of this license, whether
voluntary or involuntary, shall be binding upon the COUNTY unless previously approvcd by the COUNTY in
writing.
5.11 Waiver - No waiver of a breach of any provision of this Licensc shall constitute a waiver of any other breach,
or of such provision. Failure of COUNTY to enforce at any time, or from time to time, any provision of this
License shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and
additional to any other remedies in law or equity.
5.12 Validity - The invalidity in whole or in part of any provision of this License shall not void or affect the validity
of any other provision,
Site-Lie - 8/19/91
Revised: 9/10/92
Page 4 of 6
SL93-1l64-SBCITY
Jq:S 93-67
5.13 Captions and Paragraph Headings - Captions and paragraph headings used herein arc for convenience only and
are not a part of this License and shall not be used in construing it.
5.14 Entire Agreement - This License shall be governed by the laws of the Statc of California and constitutes the
entire agreement between the parties and supersedes all prior negotiations, discussions and preliminary
understanding. This License may be amended as COUNTY and the LICENSEE mutually agree in writing. Any
such amendment must be signed/approved by authorized representatives of the COUNTY and LICENSEE.
5.15 Notifications -
All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be
deemed duly giveu:
5.15.1 Upon actual delivery, if delivery is by hand; or
5.15.2 Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram
or facsimile; or
5.15.3 Three (3) days following delivery into the United States mail if delivery is by postage-paid registered or
eertificd, return receipt requested by mail.
Each such notice is to be sent to the respective party at the address indicated below or to any other address or
person that the respective party may designate by written notice delivered pursuant hereto:
To LICENSEE: City of San Bernardino
Office of City Administrator
ATTN: Fred Wilson
300 North "0" Street
San Bernardino, California 92418-0001
(909) 384-5122
To COUNTY:
Office of Management Services
County of San Bernardino
First Floor
670 East Gilbert Street
San Bernardino, California 92415-0915
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below their
respective signatures.
:~:rZARDlNO
ASSis9t Administrative Officer
Office of Management Services
LICENSEE
)
W.,('R.
Title Mavor. City of San Bernardino
Date
~/W~3
Date ~Vd-~ \ ~~
\ ' \
Attest: ~ ~
Rache Clark
City Clerk
Site-Lie - 8/19/91
Revised: 9/10/92
Page 5 of 6
St.93-064-SBCITY
.RES 93-67
SCHEDULE A
LICENSE FEES
Page 1 of 1
L The Rack Space Rental Fee is $1,907 per year per rack, except as may be adjusted.
2. Circuit Fees are based upon the mileage distance zone from point of origination to termination, or drop,
of service.
3. Fees are to be paid semi-annually and in advance on or before December 1st and on or before April 1st
within each fiscal year (July 1st through June 30th), except in the first year, which shall be prorated for
months remaining in the year and be paid within thirty (30) days of the execution of this License.
4. Fees are subject to periodic adjustment.
5, Fees are subject to pertinent San Bernardino County Code Schedule of Fees.
6. Notification of any proposed fee change shall be made to LICENSEE two (2) months in advance of
effective date of such change.
COST CALCULATIONS
RACK SPACE:
San Bernardino County
Communications
Site
Little Mountain
Sunset Peak
Jurupa 1
#
of
Racks
2
1
]
Estimated
Total
Annual Fee
$ 3,814
],907
1,907
Rack Space Fee Subtotal
$ 7,628
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COUNTY CIRCUITS:
San Bernardino County
Communications
Site
From
Little Mtn.
Little Mtn.
#
of
Circuits
Monthly
per Circuit
Fcc
Estimated
Total
Annual Fee
To
Sunset
J urupa
1
1
$ 60
60
$ 720
720
$ 1,440
Circuit Fee Subtotal
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TOTAL CHARGES:
Rack Space Subtotal From Above
Circuit Fee Subtotal From Above
$7,628
1,440
Contract Total
$ 9,068
Footnote(s):
1 Due to limited space, LICENSEE will use a wall mount location or other partial rack space as may be
designated by the Office of Management Services.
Site-Lie - 8/19/9t
Revi,ed; 9/10/92
Page 6 or 6
SL93-064-SBCITY