Reso 2019-002 - Laserfiche WebLink

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WHEREAS, other Bay Area cities have also entered into, or are in the process of negotiating, similar master license agreements with wireless carriers, including South San Francisco, San Jose, San Francisco, and Palo Alto; such master license agreements typically include similar design, installation, access, removal, and other conditions, and they impose license fees in the range of $1000-$2000; and WHEREAS, the proposed Master License Agreement ("MLA") incorporates similar design, installation, access, removal, fees, and other conditions set forth in the City's MLA with ExteNet, and further requires carriers to obtain separate licenses for the use of City Poles and access to City Associated Facilities to deploy small cell facilities; and WHEREAS, the proposed MLA would not directly grant any rights to use an individual City Pole and Associated Facilities, but rather the MLA establishes the procedures, terms, and conditions under which licensees obtain individual Pole and Associated Facilities licenses; and WHEREAS, the MLA is a comprehensive document that contains uniform terms and conditions applicable to all wireless facilities installed on City Poles and access to utilize City Associated Facilities; and WHEREAS, wireless providers desiring access to City -owned poles and Associated Facilities must enter into the MLA with the City to obtain a Master License for an initial period of five (5) years and with subsequent renewals; the Master License would in turn entitle wireless providers to obtain Pole and Associated Facilities licenses on a first-come, first-served basis for the duration of the Master License term with the option for subsequent automatic renewals or voluntary termination; and WHEREAS, this framework creates a single set of rules for all providers that reduces the administrative burden on the City and promotes a level playing field among competitor licensees; and WHEREAS, among the key terms and conditions of the MLA are: • Master License Term — The term of the Master License is five (5) years. During this period, licensees can seek individual licenses under the terms offered in the MLA. After the initial five-year term, the Master License will automatically renew for subsequent 1 - year terms, subject to each parties' option not to renew for any reason, with prior written notice to the other party. • Pole and Associated Facilities License Term — The term for each Pole License is coterminous with the initial term or subsequent renewal terms of the Master License. In other words, each Pole License and Associated Facilities License will remain effective as long as the Master License remains in effect. If the Master License is terminated or not renewed, all Pole and Associated Facilities Licenses granted pursuant to the Master License will terminate regardless of their effective dates. • License Fee — Annual License Fee per City -owned pole will be $500 each, and the fee per City Associated Facility will be $1,000 each, both subject to an annual 3% increase. The Master License further reserves the City's right to adjust the License Fee for each fiscal year, subject to City Council approval. • Administrative Fee — The initial deposit to cover the cost of processing the Master License is $4,000. For each Pole or Associated Facilities License, the Licensee will be required to pay an initial Administrative Payment in the amount of $1,865, which RESOLUTION NO. 2019-002 2