10 19 09 Commission Agenda

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                           Verizon In      Building Cell Phone       Antenna    Agreement
                                             Regular Meeting 10 19       09


Problem


The strength of Verizon         scell    phoneservigeat the   Public Works   building and   Police   department   is not

adequate

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Since the City switched front Nextel t6 Verizon staff has noticed that the signal strength in the Public
Works   building and Police Department building is not adequate        This is causing communication

problems for staff Verizon has committed to install in building tennasat Public Works and the Police
Department to correct the problem Ino cl r iItsta11 the equipment ab in buildingagreement is required
                                           to

between Verizon and the City This is staridard operating procedure fOr Verizon The equipment will be
owned by Verizon arldth re is po cost to the City for the equipment or installation The agreement is
attached for your review The City attorney has reviewed the agreel11ent and suggested changes which
have been incorporated into the docUl1l nt


Alternatives
    1     Approve       the Verizon in buildingagreel11ent and authorize the Mayor   to execute the document
c

    2     Do not approve       theVerizon in      di
                                                  buiIigl agr ement


Recommendation
           Staffrecommendaltematiye l

Budget impact           None
                                                VerizonWireless In         Building AgreementTerms             and Conditions

This In   building Agreement Agreement between Veriion Wireless Personal Communications LP D B A Verizon Wireless Verizon Wireless
and   City of Palmetto Customer governs the installation maintenance and operation by Verizon Wireless of an In building coverage system for
use   witli Verizon Wireless ServicepursuanttotheService Agreement


1      In building Equipm nt Radiodistribution equipmEmtincl ding repeaters amplifiers base station                                         antennae cables                 and
                                                                                                     equipment                                                    wiring
      associat d networK devices providedby Verizon ireles and installed in the Premises as defined below                                   for   use   with Wireless Service
      providedbyVerizon Wireless UJnless speCificallystatl d otherwise references to Equipment throughout                                   the Service     Agreement      shall
      include In building Equipment The In
                                             buildin gcoyeragesystemconsists of In buildingEquipment
2     Customer      grants Verizon    Wirelessalicense            Licens           during   the Term to install maintain and                In                          in the
                                                                                                                                  operate         building Equipment
      buildings    whe  e premises    owned     orleased      y   Customer     are    located   Premises       Ihe Premise are further identified in Attachment 1            as

      may be amended from time to time Jhe l
                                           icensemay                     be terminated       only as   provided in the Service Agreement or this Agreement

3     Customer will provideYerizonWirelessaccesstoor                      se of facilities
                                                                                           ang services in the Premises as required by Verizon Wireless for the
      installation and    operation   of In  building Equipment        in accordance with local codes and the National Electrical Code Such facilities and
      services     may   include but are    not limited to exterior or rooftop antenna placement l
                                                                                                 Jseof ducts                       conduit cables and conductors and
      electrical power with      suitable terminals and powersurgeprotectiondevices and metallic grounds
                                                                   J




4     Verizon Wireless shall       provide Customer witlire so aQle noticf priortoacce sing the Premises To the extent such access does not
      interfere with     security orcprivacy requirementsofCustomer Cust9mershallgrant Verizon Wireless access to the Premises to install test
      upgrade      m
                       intaiD and or repair In buildingEquipri1ent to tes radio frequency co verage or to investigate or remediate interference with
      Verizon Wireless      s   network   or services



5     Verizon Wireless willdelive            operate and maintain the In building Equipment Verizon Wireless may act under this Agre ment
                                           install test
      eitherdirectly                            Or representatives as Verizon Wireless Tlay select IfCustomer is vacating all or part of the
                         qr using such subcontractors
      Premises Customershallgiye Verizon
                                           Wirelessthirty 30 days prior written nottce and shall make all arrangements with the landlord or
      othertenantsnecessaryfor Verizon Wireless to rerylolJe the In building Equipment from tMPremises being vacated

6     Except as disclosed to and acknowledged in writing by Yerizon Wireless Customer represents and warrants to the best of their knowledge
      that i no lead paint asbestos or
                                        6Jher ihazardQussubst nceasdefined by any appliqablestate federal or local law or regulation is present
      at any Premises ii Customer owns or leases the Rrem isesor otherwise has the right to grant the License and has obtained all required
      consents or approvals from any landlord mortgagee or other person or entity           PJnlatertsy having an interest therein iii Customer
      has or will obtain all required inspections or other approvals Bs may be required except for building permit FCC and FAA approval if
      required whigh will be obtained by XterizoQWireless ivY Customerdoesnothave any other radio distribution equipment including
      repeaters amplifiers base station equipment cmtennae cables wiring and associated network devices installed on the Premises v
      Customer has no knowledge of anyecjuipment uchasequipment that maybe sensitive to RFsignals wiring or other conditions on the
      P emise that may beadverselyaffecte by or may adversely affect
                                                                              installatiqnoroperation of the In building Equipment At its sole
      discretion Verizon Wireless maYjceaseiinstaUation         operation of In building Equipment until such time as Customer corrects any
                                                             pr
      condition that would be ebreach of the above r              presehtations      and warranties



7     In                     License Customer receives the benefit ofenhanced coverage provided by the In building Equipment in connection
           consideratiqn of the
      with                  provided uQderthe Service Agreement However Verizon Wireless does not warrant and specifically disclaims any
             Wireless Service

      warranty regarding the In building quipmentincluding withoutlimitation operational levels of the In building Equipment in terms of
      cOverage or signal levels to be provided bytheln bLJilding Equipment In buildIngEquipmenUnstallation by Licensee does not constitute a
      guarantee of improved coverage within Pr miseswhere In building Equipment is irist lled ln the event that Customer ceases to be a
      Verizon Wireless Subscriber Customer shall immediately discontinue all use of In building Equipment and shall promptly allow its removal
      by Verizon Wireless ln building Equipment remaln s Verizorl Wirele s propefty shall be operated and maintained solely by Verizon
      Wireless and shall not become afixture orCl partotthereal property where itisinstalled Customer shall so inform any current or future
      Party in Interest

8     Verizon Wireless or its local affiliate is the exclusiveFCC licensee of c
                                                                           rtain radio frequencies on which its services are provided If Verizon
      Wireless determines that any customer equipmehtinterferes with the In building Equipment or with Verizon Wireless s network or services
      then upon oral or written      fr ic
                                     notome Verizon Wireless Customershalldiscohnectordeactivate such equipment until such interference is
      remedied If V rizon Wireless determines in its solediscretion that                     Interfereric ecausedbysuch equipment        cannot be otherwise remedied
      Verizon Wireless shall have the righttorElmOVe ln blJilding              Equipmentor torequire Gustomerto removecustomerprolJided                     equipment



                                                                                         rsion
                                                                                       Vel issued 041405
           Data furnished in this document shall not be   duplicated   used   or   disclosed in whole or in part for any purpose other than to evaluate the document
       c




9      With regard toin     building equipment    the following terrrisand conditions
                                                                                           including but not limited to   would   apply

91     NO WARRANTIES     VERIZON WIRELESS IS NOT THE MANUFACTURER OF THE EQUIPMENT CUSTOMER AGREES THAl
       VERIZON                NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER DIRECTLY OR
                      WIRELESS HAS
               TLY EXPRESS OR IMPLIED
       INDIREC                        AS TO THE SUITABILITY DURABILITY FITNESS FOR USE MERCHANTABILITY                                              CONDITION
       QRQUALlTY OF THE EQUIPMENT             WITH RESP ECTTO VERIZON WIRELESS CUSTOMER PURCHASES THE EQUIPMENT AS IS
       HOWEVER          VERIZON      WIRELESS WILL PROVIDE CUSTOMER WITH ANY MANUFACTURERS CONSUMER WARRANTIES
       RECEIVED        BY jERIZON WIRELE SWITH               RESPECT TO THEEQUIPMENT
9 2 liMITATION OF LIABILITY   YERIZON WIRELESS SHALl NOIBE liABLE TO CUSTOMER ITS EMPLOYEES AGENTS OR ANY
       THIRD PARTY FOR INJ RY TO PERSONSORPROPERTY LOSS DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED
       DIRECRY OR INDIRECTLY BY THE EQUIPMENT OR BY THE CUSTOMER S EMPLOYEES OR CUSTOMER S AGENTS USE OF
       THE EQUIPMENT ORBY              TtHUEMRERFANU AC OF THEEQUIPMENT ORBY ANY REPAIR SERVICE OR ADJUSTMENT TO THE
       EQUIPMENTORBY             ANYINTERRlJPtIONpFSERVICEORLOSSOFU       E OF THE EQUIPMENT OR FOR ANY LOSS OF BUSINESS
       OR                  DjEAMRGUENWHLAETSOES DIRECJLY CAUSED BYVERIZON WIRELESS WILLFUL MISCONDUCT IN NO EVENTSHALL
       VERIZON WIRELESS BE LIABLE FOR LOSSES DAMAGES OR CLAIMS ARISING OUT OF CUSTOMER S USE ATTEMPTED USE
       OR INABILITY TO ACCESS 9110R E9t1SERVICEOROTHEREMERGENCYCALL             u

                                                         f                                     J




93     NO SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES NE THER PARTY SHALL BE LIABLE FOR ANY INDIRECT SPECIAL
       CONSEQUENTIAL INCIDENTALOR PUNITIVEDAMAGES HOWEVER CAUSED WHICH ARE INCURRED BY THE OTHER PARTY
       INCLUDING BUT NOT L1MITED TO CLAIMS BYTH USTOMER SAGENT S OREMPLOYEE S THAT ARISE OUT OF ANY ACT
       OR FAILURE TO ACT RELATING TO THIS AGREEMENT EVEN IF S UCH PARTY HAS BEEN ADVISED OF THE CLAIM OR
       POTENTIAL CLAIM OR OF THE POSSIBILITY OF SUCHDAMAGES

94     Force Majeure   Verizon Wireless performancehereun ershallbeexcus difcaused by equipment failure failure of another wireless or
      telecommunications provider servingaparticulararea powerfajlure national emergency jnterference byany governmental agency acts of
      God strikes other labor disturbance severe we therconditions fire terrorism riots w earthquakes equipment or facility shortage or
                                                                                        lr
      any other causes beyond Veriion Wireless reasonable control


10    AII terrrisand conditions of the     Service Agreement shall remain in        full force and effect   This Agreement shall   become effective when    signed
by   both   parties



VerizonWirelessPersonalComl11unicationsLPD           c
                                                               B   A Verizon Wireless                 City ofPahnetto



By                                                                                                    By

Name          Hans F    Leuteneaaer                                                                   Name


Title Area Vice President Network                                                                     Title

Date                                                                                                  Date




                                                                    Version    issued 041405
            DlItafumished in this documentshallnotbe duplicated used or disclosed in whole or in part for any purpose other than to evaluate the document
                                IN BUILDING SYSTEM TO BE INSTALLED IN THE PREMISES
NETWORK SYSTEM PERFORMANCE INPUT FORM

IBRD Site Name                Palmetto Public Works IBRD




                                   ATTACHMENT 1 to IBRD CONTRACT ADDENDUM


   Customer Name

   City   of   Palmetto   u
                               Public Works Building
   600 17th Street West

   Palmetto FL 34221




                                                 EQUIPMENT LIST




                      IN BUILDING SYSTEM TO BE INSTALLED IN THE PREMISES


Receiver         s                                     Cushcraft PC18513N CSI AY806 960 14 directional                                                   a   i



Repeater         s




Conduit         or s ace         for the wire fiber cable to connect the receiver                                  s   and the      re




2nd floor wirin               closet



Wire fiber cable                                                              lenum      coax




Antennas                                               Andrew 0 25




                                                                 Version I issued 041405
    Data furnished in this document shall not be              used        disclosed in whole
                                                 duplicated          or                        or   in   part for any purpose other than   to   evaluate the document
NETWORK SYSTEM PERFORMANCE INPUT FORM

IBRD Site Name            Palmetto Police IBRD




                               ATTACHMENT 2 to IBRD CONTRACT ADDENDUM


   Customer Name

   City   of   Palmetto

   1j 15   10th   Street W

   Palmetto FL 34221




                                                     EQUIPMENT LIST



                       IN BUILDING SYSTEM TO BE INSTALLED IN THE PREMISES


Receiver          s                                         Cushcraft PC 18513N and CSI AY 806 960 14



Repeater          s                                          AORF 25K


Conduit         or s   ace   for the wire fiber cable to connect the receiver                                              S




BOA        laced in the wirin            closet



Wire fiber cable                                            1 2       Trolo            lenum      coax




Antennas                                                    Andrew Cellmax O 25




                                                                         Version 1 issued 041405
    Data   furnished in this document shall         be                used        disclosed in whole
                                              not        duplicated          or                        or   in   part for any purpose other than to evaluate the document

						
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