2012/05/22 City Council Resolution 2012-49RESOLUTION NO. 2012-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES
WITH COMMUNICATION LEASING SERVICES, INC.
WHEREAS, the City and Consultant have entered into that certain Agreement for
Services with Communications Leasing Services, Inc., dated November 9th, 2004 (the
"Agreement "), which was approved by the City Council by Resolution No. 2004 -306; and
WHEREAS, pursuant to Paragraph 8 (Amendment of Scope of Work) of the Agreement,
the City and Consultant desire to amend the Agreement to: (1) amend the Exhibit "A" (Scope of
Work) describing additional services to be supplied to the City from Consultant; (2) amend
Exhibit "B" (Standard Rates and Charges) to provide for Consultant Fee for such additional
services, and (3) increase Consultant's maximum compensation in light of such additional
services to be supplied by Consultant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an amendment to the Agreement in substantially
similar form to that .First Amendment to Agreement for Services, which is attached hereto as
Exhibit A and incorporated by this reference, subject to approval by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the First Amendment in substantially similar form to the attached Exhibit A
for and on behalf of the City of Rohnert Park.
DULY AND REGUL ,Y ADOPTED this 22nd day of May, 2012.
xg
RORNERT
ATTEST:
Interim Interim Deputy City Clerk
CITY OF ROHNERT PARK
62 fJ/
Mayor
AHANOTU: AYE BELFORTE: AYE CALL.INAN: AYE STAFFORD: AYE MACKENZIE: AYE
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN. ( 0 )
Exhibit 'A'
to Resolution 2012 -49
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR SERVICES, (this "Amendment ") is
entered into as of the_ day of , 2012 by and between the City of Rohnert Park
(the "City "), and Communication Leasing Services, Inc., ( "Consultant ").
WHEREAS, the City and Consultant have entered into that certain AGREEMENT FOR
SERVICES with Communications Leasing Services, Inc., dated Nove .A er 9th, 2004 (the
�
"Agreement "), which was approved by the City Council by Resolut s _ 0004 -306; and
WHEREAS, pursuant to Paragraph 8 (Amendment of - ;op ork) of the Agreement,
the City and Consultant desire to amend the Agreement to: {1nend hibit "A" (Scope of
Work) describing additional services to be supplied to thl:� om Cons << t;(2) amend
IREN Exhibit "B" (Standard Rates and Charges) to provide M Consultant Fee for ,additional
services, ; (3) increase Consultant's maximum corn sation
to be supplied by Consultant; and (4) delete para ,,'rap: L elat
Northern Station.
NOW, THEREFORE, in consid ion of the
forth herein, and for other good and valua. " a sader�
amend the Agreement as follows: Yom,
1. Amendment to Sco
(Scope of Work) of the
"8. "Oversee add
telecommunication
licensed to i
the Ci r ,
to rzdtiate an incr
on
review ecutlon
increase in = r lice
regarding zont d
2. Amendment
added to Exhibit "B"
Work. A ne
was follows:
Et of such A I I - " nal.�services
special fees foepkT &T at the
and agreements set
hereby agree to
by added to the Exhibit "A"
ate Ad tional Equivr W' Consultant shall review
ies sts to add , ditional equipment to an existing leased or
Consultant shall provide recommendations to
z 'the propose additional equipment as well as use best efforts
en ..ry : cense fees to be paid to the City from the
Y- U the direction of the City, Consultant will negotiate the
)sequri Telecommunication Agreement Amendment for City
liall serve to document equipment to be added as well as an
,es, if any. Consultant shall also give the City recommendations
istruction drawings of the proposed additional equipment."
dard Rates and Charges. The following paragraph is hereby
ird Rates and Charges) of the Agreement:
"The Consultant Fee for new services related to Paragraph 8 of Exhibit "A" shall be based
only on the difference between the current rent or license fee received by the City and the
newly negotiated increase in such rate, if any, due to the placement of additional equipment
in City property subject to a Telecommunication Agreement. Such payment to Consultant
from the City shall be under the same terms currently described under this Exhibit "B ".
3. Amendment to Compensation. Subdivision (A) of Paragraph 4 of the Agreement
(Compensation) shall be amended to read as follows:
"City shall pay Consultant as compensation in full for such Services at the rates and in such
payments as set forth in the Standard Rates and Charges attached as Exhibit "B," the total
sum not to exceed One Hundred Fifty -five Thousand dollars ($155,000.00).
4. Definitions. All capitalized terms not herein defined shall have the same definitions as in
the Agreement. .
5. Interpretation. In the event of any inconsistencies betwoethe Agreement and this
Amendment, the terms of this Amendment shall take precedew
6. Agreement in Effect. Except as expressly set fo��n this Amen t, the Agreement
_4n
otherwise is unmodified, remains in full force and ef; and is incorporate _ v, estated herein
-
as if fully set forth at length. Each reference in theme �._reement itself shall be u�i� also to
refer to this Amendment. m
7. Counterparts. This Amendment may be signed ii
signed by all parties, shall constitute a b*1= agreement.
IN WITNESS WHEREOF, the parties
as of the date first written above.
CITY OF ROHNEWTV �= K:
By:
Name:
Title:
Date:
Per Resol-;
Attest:
City Clerk
APPROVED AS TO FORM:
City Attorney
counterparts which, when
i-eAmendment to be executed
adopted by the City Council on
0)
EXHIBIT "Alt
SCOPE OF WORK
Services to be provided by Consultant for City shall be the following tasks:
1. "Assessment of Sites." Consultant shall inspect City sites and consult with applicable members of
City staff to determine the capacity at selected sites to house telecommunication equipment and the
best location for the placement of such equipment from the City's staff perspective. The product for
this task shall be a list of potential telecommunication sites. Consultant shall present the
recommended list to the City Council for review and possible modificol it":
2. "Standard Telecommunications Lease Agreement." Consultant wi r with City staff and prepare
a draft Standard Telecommunications Lease Agreement. ConsWrM6 sh , _ went the Standard
Telecommunications Lease Agreement to the City Council for w w an ssible modification.
3. "Planning Pre -A pp roval." Consultant shall prepare a pp..,& lo� ns 'o�
planning a al of selected
telecommunications lease sites. The applications witlAfclude potential and proba'` �onfi urations of
telecommunications equipment. This task includq*, dp nces bore the Planning �: ission to
present lease site proposals and respond to questions ftnemb�� the Planning Commission.
This task shall be undertaken on a site -by -site basis.
4. "Site Marketing." Consultant shalt marl&t otential telecomm► �tions lease sites to
telecommunication carriers. The marke I : am may include tele hone, and e -mail
solicitations in behalf of the City by the Co° ,, nsultant shall de 24 hours notice prior to
any site visit by representatives of telecomm :: icatieaa`iers. City ees to cooperate with
Consultant and telecommunication carriers toondt yan ' ° -test necessary to determine the
suitability of a given site
5. "Negotiate Lease ement." the Standard elecommunications Lease Agreement as a
template, Consul negoti i Vfinal Telecom ': d ti ations Lease Agreement with
telecommunication carry on shall appear a °(City Council meetings and present and
respond to a Lions from ncil regarding proposed Telecommunications
Lease _ . ly the ��, Council —, prove a Telecommunications Lease Agreement in
beha the City sulta 11 not indicate that a Telecommunication Lease Agreement will
ba oved prior to ration o ity Council.
6. "Revi instruction Dra.. s." Consultant shall review construction plans to assure compliance
with plan e pprovals an roper installation of telecommunications equipment and facilities.
7. "Final Walk-.1 h of !,a truction." Consultant shall inspect installation of equipment and
facilities by at I ion carrier and assure compliance with such specifications and
standards that may rated in the applicable Telecommunication Lease Agreement.
S. "Oversee and Negotiate Additional Equipment." Consultant shall review telecommunication
companies' requests to add additional equipment to an existing leased or licensed telecommunication
site with the City. Consultant shall provide recommendations to the City regarding the design of the
proposed additional equipment as well as use best efforts to negotiate an increase in rent or license
fees to be paid to the City from the telecommunication company. Under the direction of the City,
Consultant will negotiate the business terms and draft subsequent Telecommunication Agreement
Amendment for City review and execution that shall serve to document equipment to be added as
well as an increase in rent or license fees, if any. Consultant shall also give the City
recommendations regarding zoning and or construction drawings of the proposed additional
equipment
EXHIBIT "B"
STANDARD RATES AND CHARGES
The compensation due from City to consultant shall be based on the following percentages of the amount
due City during the initial term of the Telecommunication Agreement. City agrees to pay Consultant the
Fee as follows.
A. In the case of a Telecommunication Agreement where the negotiated Carrier Fee is equal to or less
than $1,500 per month, the Consultant fee will be twelve percent (12 % �-f h e value of the initial
term.
B. In the case of a Telecommunication Agreement where the negotif Carrier Fee is from $1,501 to
$1,800 per month, the Consultant fee will be fourteen percent,: 401-W"' 1 e value of the initial term.
C. In the case of a Telecommunication Agreement where theRheg3� ted Ca .sec is from $1,801 to
$2,1.00 per month, the Consultant fee will be sixteen s cent b %) of the va WE, the initial term.
D. In the case of a Telecommunication Agreement W. ft'e', the negkdated Carrier Fee x$2,101 to
$2,500 per month, the Consultant fee will be sevens ercenVO 70 o) of the value be initial
term.
E. In the case of a Telecommu cation Ag�ement where the negt ed Carrier Fee is greater than
$2,500 per month, the Consultant fee v �pighteen percent of the value of the initial term.
In the case of a Telecommunication Agreement "n w receives p : ent in one sum annually, in
advance, then City shall pay the Consultant Fee two an , a. ents ithin ten (10) days from the
date the first annual payment is ceived by the Ca e da cond annual payment is received
by the City during the first e Telecomm, cation Agri- ent is in place.
In the case of a TeIeco ication Bement in whi° City receives monthly payments, then City shall
pay the Consultant F e in ty fou 4) equal install #s over the first twenty -four (24) months of the
Telecommunication Agree m e 10) darom the date each of the twenty four (24)
payments are c City p nt toecommunications
Agreement
In the - - t City sells any eels or ject to a Telecommunication Agreement, the balance of
any npa� nsultant Fee du r any su parcel or site shall accelerate and be paid to Consultant on a
lump sum b on close of w ofsale of subject parcel or site. In the event a telecommunication
carrier under a " communicatTi Agreement with City stops paying its rent or license fee prior to the
termination date a . elecom ffication Agreement, then the payment of any unpaid Consultant Fees
may be suspended u e t - mmunication carrier commences payment of rent or license fees to City
at which time City sha e payment of the Consultant Fee in accordance with the terms of the
Agreement until the Cow tant Fee is paid
in its entirety.
The Consultant Fee for new services related to Paragraph 8 of Exhibit "A" shall be based only on the
difference between the current rent or license fee received by the City and the newly negotiated increase
in such rate, if any, due to the placement of additional equipment in City property subject to a
Telecommunication Agreement. Such payment to Consultant from the City shall be under the same terms
currently described under this Exhibit "B ".
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