Item C14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 14. 2004
Division: Public Safetv
Bulk Item: Yes --X.... No
Department: Emel"2encv Communications
AGENDA ITEM WORDING: Approval of License Agreement with Metro PCS
CalifomiaIFlorida, Inc. for lease of surplus antenna tower space on the County owned
communications tower located in Stock Island.
ITEM BACKGROUND: Metro PCS CalifomiaIFlorida, Ine. is expanding their wireless service
and has requested to lease surplus antenna tower space on the County owned communications
tower located in Stock Island. Metro PCS, Inc. has agreed to enter into a rIVe year license
agreement for an annual fee of $25,000.00, with an annual increase of 4%.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: This is a new agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes _No
N/A
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COST TO COUNTY: N/A SOURCE OF FUNDS:N/A
REVENUE PRODUCING: Yes...x.- No AMOUNT PER YEAR $25.000.00 + 4%
Annual Increase
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
To Follow x
Not Required
DISPOSITION:
AGENDA ITEM #
elL!
LICENSE AGREEMENT
This License Agreement (the "Agreement") is made and entered into this
day of , 2004, by and between MONROE COUNTY,
FLORIDA, whose address is 500 Whitehead Street, Key West, Florida 33040
(hereinafter referred to as "COUNTY") and METROPCS CALIFORNINFLORIDA.
INC, (hereinafter referred to as "LICENSEE").
COUNTY is the owner of certain real property (the "Real Property"), improved with a
guyed communications tower and communications equipment facility located at 5525
College Rd.. Key West. Florida (Latitude 240 34" 29.3'. Longitude 810 45' 08.1 ").
Legal Description (STOCK. ISLAND: RE72080.000101. SECTION 27. TOWNSHIP 67.
RANGE 25. PARCEL OF FILLED 8A Y 8TM (NORMAN ISLAND) -hereinafter referred to
as Facility. COUNTY is willing to grant to LICENSEE, individual tower space
designated at 120 feet and related ground space, not to exceed 150 square feet as more
particularly described in Exhibit A, for equipment, subject to the terms and conditions set
forth below. The Ground Space and the Tower Space are collectively referred to as the
"Premises". In consideration of the foregoing premises, and the MetroPCS
CaliforniaIFlorida. Inc. proposal (Exhibit "B") and the license fees and mutual covenants
contained herein, the parties agree as follows:
1. COUNTY hereby grants a license to LICENSEE, and LICENSEE accepts the
right to use such a license from COUNTY, the Premises, subject to the terms and
conditions of this License Agreement. LICENSEE equipment in the Ground Space, shall
be located as reflected in Exhibit "A", incorporated herein by reference. This License
Agreement and LICENSEE's obligations hereunder are contingent upon the LICENSEE
receiving all permits, approvals and certificates necessary and completing construction of
the Antenna and Ground Equipment as proposed by the LICENSEE in the attached A
proposal and plans. LICENSEE shall use the Premises for the purpose of constructing,
maintaining and operating a communications facility and uses incidental to the
communication facility, consisting of the placement of wireless communications
equipment, mounting of antennas, and installation of coaxial cables (between the
Wireless equipment and the antennas), electrical utility service and fiber optic or
telephone cables. Prior to construction or installation of any equipment, whether in the
Ground Space or on the Tower, LICENSEE shall obtain written approval, signed by the
County's Director of Communications, of the specific construction or installation
placement within the premises licensed hereunder. COUNTY also grants to LICENSEE,
non-exclusive right for ingress and egress, on foot or motor vehicle, including trucks, to
the Premises and adjacent parking areas, and associated common areas seven (7) days a
week, twenty-four (24) hours a day, including normal business hours, for installation,
maintenance and operation, all at LICENSEE'S sole expense, of the Communications
Facility, including the installation and maintenance of utility wires, cables, conduits and
pipes over, under or along said right of way. LICENSEE acknowledges that this is a
secured facility and may require COUNTY escort to various areas within the facility.
COUNTY shall cooperate with LICENSEE in its effort to obtain utility service along said
right of way by signing such documents or easements as may be required by utility
companies, In the event any utility company is unable to use the right of way, the
COUNTY agrees to grant additional right of way or easement as necessary. COUNTY
shall share any existing parking areas for use by LICENSEE adequate to meet the needs
of LICENSEE.
2, LICENSEE must begin installation of its communications equipment on
the Premises within one month and finish installation within three months of the date of
issuance of the building permit. LICENSEE shall apply for building permits within 90
days of the execution of this Contract. LICENSEE shall provide COUNTY with written
notice of the Commencement Date within ten (10) days preceding the commencement of
construction by LICENSEE and which written notice shall become a part of this
LICENSE AGREEMENT. From and after the commencement_date, LICENSEE shall
pay to COUNTY an annual license fee of Twentv Five Thousand Dollars U.S. ,
($25,000.00), to be paid annually in advance plus any applicable sales tax, on the
commencement date, should the commencement date not be on the first day of the month,
the first month may be prorated. License fee shall be paid to the COUNTY at the address
set forth above or such other person, firm or place as the COUNTY may designate in
writing at least thirty (30) days in advance of any license fee payment date. License fee
will be adjusted annually by a four (4%) per cent increase.
3. This LICENSE AGREEMENT shall be for an initial term of five (5)
years, subject to the terms and conditions set forth in this LICENSE AGREEMENT.
LICENSEE shall have the option to extend this LICENSE AGREEMENT for three (3)
additional five (5) year terms, and such extensions shall automatically occur unless
LICENSEE provides COUNTY written notice of its intention not to extend this
LICENSE AGREEMENT at least six (6) months prior to the end of the then current
license fee term. If at the end of the second (2nd) five (5) year extension term, this
LICENSE AGREEMENT has not been terminated by either party by giving to the other
written notice of an intention to terminate it at least six (6) months prior to the end of
such term, this LICENSE AGREEMENT shall continue in force upon the same
covenants, terms and conditions for a further term of one (1) year, and for annual terms
thereafter until terminated by either party by giving to the other written notice of its
intention to so terminate at least six (6) months prior to the end of such term.
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4. LICENSEE shall use and occupy only that portion of the ground space,
Tower and antenna locations as originally proposed in the attached proposal and plans.
LICENSEE shall bear all costs of permitting and construction costs associated with the
attached proposal and plans. Notwithstanding anything to the contrary, LICENSEE may
upgrade its installation without the consent of the COUNTY, For the purpose of this
paragraph, "Upgrade" means improvements or enhancements to the installation which
would not affect the structural integrity or windloading of the tower; not increase the
amount of leased space on the ground or on the tower; would have a de minimis effect on
the aesthetics; and would not otherwise require a permit. However, should the COUNTY
determine that the purported upgrade does affect the structural integrity or windloading
of the tower, increases the amount of leased space on the ground or on the tower, would
have more than a de minimis effect on the aesthetics, or would require a permit,
COUNTY may issue a STOP WORK Order, at which time all activity to upgrade the
LICENSEE installation shall cease, and the parties shall work together to resolve the
issues. COUNTY and LICENSEE agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
5. LICENSEE shall prepare, at its expense, all necessary drawings and
specifications for the installation of LICENSEE'S telecommunications equipment, which
County's Director of Communications shall have the right to approve, such approval not
to be unreasonably_withheld or delayed. COUNTY shall have been deemed to have
approved the drawings and specifications if COUNTY has not not delivered written
objections to LICENSEE within ten (10) business days of COUNTY's receipt of such
drawings and specifications. This approval is not a substitute for building permit, which
may be required by County Code Chapters 6 and 9.5. In addition, LICENSEE shall have
the right to file any applications for certificates, permits and other approvals that may be
required by any federal, state or local authorities. COUNTY agrees to cooperate, in a
timely manner, with LICENSEE in its efforts to obtain such approvals with the
appropriate authorities and to address in a timely manner any written objections to the
drawings and specifications and if parties, acting reasonably, cannot resolve such
objections, either party shall have the right to terminate this LICENSE AGREEMENT.
6. LICENSEE shall be responsible for all costs and expenses relating to the
provision of electrical service to its communications equipment. LICENSEE'S electrical
service shall be separately metered and LICENSEE shall be responsible for the cost of
installation of such meter.
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7. LICENSEE agrees to install radio equipment of a type and frequency
which will not cause interference with COUNTY'S or Other existing antennas and
equipment on the Tower at the time of such installation. All disputes regarding
interference whether caused by the COUNTY, LICENSEE or other tenant(s) and/or
user(s) of the Tower and Building shall be resolved pursuant to the terms and provisions
of that certain interference agreement attached hereto as Exhibit "I" (the "Interference
Agreement"). COUNTY agrees that prior to allowing any additional tenant(s) or user(s)
to collocate on the Tower and in the building, such tenant or user must join in and agree
to be bound by the Interference Agreement.
8. LICENSEE does hereby agree that this Agreement is non-exclusive and
that the COUNTY may license future additional wireless antennas or equipment for the
purpose of wireless communications on the tower provided that the new licensees'
antennas do not conflict with COUNTY's or other tower users' antennas and equipment
identified in the attached Exhibit "T," and that the structural capacity of the Tower,
whether existing or modified by LICENSEE, is sufficient based on standard and accepted
engineering practices.
9. COUNTY acknowledges that it is aware of its obligations under Section
303 of the Communications Act of 1934 (47 U.S.C, 303) to maintain the painting and
illumination of the tower as prescribed by the Federal Communications Commission
("FCC"). COUNTY further acknowledges that it is aware that it is subject to forfeitures
assessed by the FCC for violations of such rules and requirements, COUNTY further
acknowledges that it, and not the LICENSEE, shall be responsible for compliance with
all tower and building markings and lighting requirements which may be required by the
Federal Aviation Administration ("FAA") or the FCC, but allows LICENSEE the right to
monitor the tower lighting systems on the premises. Subject to the limitations set by
Florida Statutes 768.28, COUNTY shall indemnify and hold harmless LICENSEE from
any fines or other liabilities caused by the COUNTY's failure to comply with the
requirements of the FAA or FCC.
10. Throughout the term of this LICENSE AGREEMENT and any extensions,
COUNTY shall'keep and maintain in good order, condition and repair the Real Property,
Building and Tower. LICENSEE shall provide its reasonable cooperation to COUNTY
in connection with COUNTY's maintenance and repair of the same; provided, however,
LICENSEE shall not be required to remove its wireless telephone equipment, antennas
and/or coaxial transmission lines or related equipment from the Premises in connection
therewith, unless required by law.
11. LICENSEE covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of the LICENSEE utilizing the
property governed by this license agreement. The extent of liability is in no way limited
to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
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12. LICENSEE shall procure and maintain the following insurance:
12 (a). Prior to the commencement of work governed by this license agreement,
the Contractor shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the license agreement and include, as a minimum:
Premises Operations
Products and Completed Operations
Blankets Contractual Liability
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000.00 Combined Single Limit
(CSL). If split limits are provided, the minimum limits acceptable shall be: $100,000.00
per Person, $300,000.00 per Occurrence and $50,000.00 Property Damage.
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported
should extend for a minimum of twelve (12) months following the acceptance of work by
the County.
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
12. (b). Prior to the commencement of work governed by this license agreement, the
contractor shall obtain All Risk Property Insurance (to include the perils of Flood and
Wind) with limits no less than the Replacement Cost Value of the property leased or
rented. Coverage shall be maintained throughout the life of the license agreement and
include, as a minimum, liability coverage for: Fire, Lightning, Vandalism, Sprinkler
Leakage, Sinkhole Collapse, Falling Objects, Windstorm, Smoke, Explosion, Civil
Commotion, Aircraft and Vehicle Damage and Flood.
The Monroe County Board of County Commissioners shall be named as
Additional Insured and Loss Payee on all policies issued to satisfy the above
requirements.
12 (c). Recognizing that the work governed by this license agreement requires the
use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle
Liability Insurance. Coverage shall be maintained throughout the life of the license
agreement and include, as a minimum, liability coverage for:
Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
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$100,000.00 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$50,000.00 per Person
$100,000.00 per Occurrence
$25,000.00 Property Damage
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
12 (d). Prior to the commencement of work governed by this license agreement,
the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to
respond to Florida Statue 440.
In addition, the Contractor shall obtain Employers' Liability Insurance
with limits of not less than:
$100,000.00 Bodily Injury by Accident
$500,000.00 Bodily Injury by Disease, policy limits
$100,000.00 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the license
agreement.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor,
as an authorized self-insurer, the County shall recognize and honor the Contractor's
status. The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will ,be required. In addition, the Contractor may be required to submit updated
financial statements from the fund upon request from the County.
13. Subject to the limitations set by Florida Statute 768.28, COUNTY shall be
responsible for the clean-up of anyon-site hazardous waste existing prior to the date of
this license agreement and for any damages, fines or penalties incurred because of the
hazardous waste. COUNTY hereby indemnifies and holds LICENSEE harmless from
any and all costs, expenses, actions, claims and damages to LICENSEE as a result of any
contamination on the Real Property existing prior to the LICENSE AGREEMENT or
hereafter caused by the COUNTY. LICENSEE will be responsible for any and all
damages, losses, and expenses, and will indemnify COUNTY against and from,
hazardous waste generated, stored, or disposed of solely as a result of LICENSEE's
equipment and uses of the premises.
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14. If the Tower should be totally or substantially destroyed or damaged (so
that LICENSEE may not operate its facility as contemplated under this LICENSE
AGREEMENT) so that rebuilding the Tower "as is" would not be economically feasible,
as may be reasonably determined by COUNTY, LICENSEE may at its sole discretion
terminate this LICENSE AGREEMENT or rebuild the Tower at its expense. If
LICENSEE should elect to rebuild the Tower as provided for in this paragraph, then this
Agreement shall recommence at that point in time as if this Agreement had just been
approved by the parties hereto. In the event that due to such damage or destruction,
LICENSEE's use of the premises is disrupted, license fee due hereunder shall abate in
full pending restoration or repair of the premises or termination of this LICENSE
AGREEMENT if permitted hereunder.
15, Ifthe whole of the Real Property, Building and/or Tower or such portion
thereof as will make the Premises unusable for the purposes herein, are condemned by
any legally constituted authority for any public use or purpose, then in either of said
events the term hereby granted shall cease from the time when possession thereof is taken
by public authorities, and license fee shall be accounted for as between COUNTY and
LICENSEE, as of that date. Any lesser condemnation shall in no way affect the
respective rights and obligations of COUNTY and LICENSEE hereunder. Nothing in
. this provision shall be construed to limit or affect LICENSEE's right to an award of
compensation of any eminent domain proceeding for the taking of LICENSEE's
leasehold interest hereunder.
16. Should LICENSEE fail to fulfill any of its covenants under this LICENSE
AGREEMENT, County shall provide written notice of said default. Upon receipt of such
default, LICENSEE shall cure or remedy said default within sixty days of said notice, or
shall, within five business days thereof, give written notice to COUNTY that LICENSEE
cannot reasonably cure or remedy the default, either at all, or within the 60 days. If
additional time is reasonably required in order to cure said default, COUNTY shall not
unreasonably withhold permission to cure the default with due diligence over such time
as COUNTY may at that time specify. Should LICENSE fail to cure or remedy said
default, or give notice that it cannot reasonably do so, or the time allotted by COUNTY to
extend the 60 day period shall expire, then this LICENSE AGREEMENT shall
terminate. LICENSEE shall remove its property as required upon termination pursuant to
the paragraph' below. Notwithstanding anything to the contrary Licensee may terminate
this Agreement without further obligation with 90 days notice.
17, LICENSEE, shall, within ninety (90) days after the termination of this
LICENSE AGREEMENT, remove its personal property and fixtures and restore the
Premises to its original condition, reasonable wear and tear excepted. If LICENSEE
remains on the LICENSE AGREEMENT Premises after the termination of this
Agreement, LICENSEE shall pay the license fee calculated on a pro-rata basis until such
time as the removal of personal property and fixtures are completed.
18, LICENSEE may not assign or transfer its rights hereunder at any time,
without the written approval of Monroe County except to LICENSEE's principal,
affiliates or subsidiaries of its principal or to any company upon which LICENSEE is
merged or consolidated. As to other parties, this Agreement may not be sold, assigned or
transferred without the written consent of the County.
A
19. COUNTY covenants that COUNTY is seized of good and sufficient title
and interest to the Premises and has full authority to enter into and execute this LICENSE
AGREEMENT. COUNTY further covenants that there are no other liens, judgments or
impediments oftitle on the Real Property and that the Tower, Building and that the Real
Property is in compliance with all applicable laws.
20. LICENSEE, at LICENSEE's option and expense, may record this
LICENSE AGREEMENT and obtain title insurance on the Premises and/or Real
Property. COUNTY, shall cooperate with LICENSEE's efforts to obtain such title
insurance policy by executing documents or, obtaining requested documentation as
required by the title insurance company.
21 COUNTY covenants that LICENSEE, on paying the license fee and
. performing it's obligations under this agreement will peaceably and quietly have, hold
and enjoy the Premises and all other rights granted herein.
22. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested, addressed to each party as follows:
LICENSOR; Monroe County Communications Department
Director of Communications
1 0600 Aviation Boulevard
Marathon, Florida 33050
Monroe County
County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
LICENSEE; MetroPCS California/Florida. Inc.. 1401 NW 136th Avenue. Suite 304.
Sunrise. FL 33323. Attention: Michael Haggerty with a COpy to MetroPCS
California/Florida Inc.. 8144 Walnut Hill Lane. Suite 800. Dallas. TX. 75231
23. This LICENSE AGREEMENT shall extend to and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
24. This LICENSE AGREEMENT may be executed in three (3) counterparts,
each of which shall be deemed an original, and such counterparts shall constitute but one
and the same LICENSE AGREEMENT.
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25. This LICENSE AGREEMENT and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State of Florida.
26. In any action, proceeding or litigation arising out of this LICENSE
AGREEMENT, the prevailing party shall be entitled to recover from the non-prevailing
party its reasonable costs incurred including reasonable attorney's fees for services
rendered, including appellate proceedings and post judgment proceedings. Venue for any
action arising under this Agreement must be in a court of competent jurisdiction in
Monroe County, Florida.
27. This AGREEMENT constitutes the full agreement and understanding of
both PARTIES,
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals on the day and year first above written.
Signed, sealed and delivered in the presence of:
Print Name:
Print Name:
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COUNTY:
MONROE COUNTY, FLORIDA,
a political subdivision of the
State of Florida
BY:
Print Name:
Title:
LICENSEE:
MetroPCS Califo nialFlorida, Inc.
By:
Title: VP / GM FLORIDA
STATE OF FLORIDA ~
COUNTY OF BROW ARD
The foregoing instrument was acknowledged before me this 28th day of June
2004, by Frank Bell . the VP / GM FLORIDA of
ME OPCSCALIFORNIAlFLORIDA INC. who
(check one) ~ is personally known to be or ( ) produced as
identification
My Commission Expires: ~0'1\- 5 u.oJ
My Commission number is t>o '2~~1,.;3
Notary Public ~~
Printed Name: ("{\a.v~ ~t.~\?\a
Notary Seal
~. Marl A/'llf1ClbIa 238M3
'-... . Mv~oo
~,.';I expkeI~06.2007
ADDENDUM
METROPCS CALIFORNWFLORIDA, INC. (LICENSEE) understands and agrees,
that at the execution of this License Agreement with Monroe County, Florida
(COUNTY), Omnipoint Communications MB Operations, LLC., doing business as
T -Mobile may require a one time fee of Twenty Thousand Dollars ($20,000.00) to offset
original construction costs, as noted in Paragraph 4 of the License Agreement between
Monroe County, Florida and Ominpoint Communications MB Operations, LLC, dated
April 8, 1998. METROPCS CALIFORNIAlFLORIDA, INC. (LICENSEE) shall be
responsible for this fee and any related fee expenses.
Signed, sealed and delivered in the presence of
r---.
LICENSEE:
c-~
:::ropcs CMF me.
Printed Name: Frank Bell
Title: VP / OM Florida
Printed Name: Andrew Lewis
STATE OF FLORIDA
COUNTY OF BROW ARD
/.
The foregoing instrument was acknowledged before me this 30th day of June
by Frank Bell , the VP / OM Florida
, 2004,
of
METROPCS CALIFORNWFLORIDA INC.
( is personally known to be or ( ) produced
who (check one)
as identification
My Commission Expires:
My Commission number is
NOlaryPUblie~~
Printed Name:' .i. ~d'o\q
Notary Seal
~J\. MerI ANncIbI.
\....i My eon..olwk..1 DD238lle3
Dr'" ExpIres August 05, 2007
IN WITNESS WHEREOF. the parties hereto have set their hands and affixed
their respective seals on the day and year .first above written.
Signed, sealed and delivered in the presence of: COUNTY:
MONROE COUNTY, FLORIDA,
a political subdivision of the
State of Florida
Print Name:
~tI!l-
- _ A. H ON
~....~ .~a...t:v
Print Name: . ?'~~~'l?"CI
BY:
Print Name:
Title:
Signed. sealed and delivered in the presence of
LICENSEE:
Metro PCS
Print Name:
By:
Printed Name:
Title:
Printed Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2004. by . the
,
.
of
one) ( ) is personally known to be or ( ) produced
identification
who (check
as
Notary Public
Printed Name:
My Commission Expires:
My Commission number is
Notary Seal
ATTACHMENT "I"
INTERFERENCE AGREEMENT
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Attachment I
INTERFERENCE/CONFLICTS
LICENSEE shall, at it's own expense, maintain it's equipment on or attached to the
Premises in a safe condition, in good repair and in a professional manner, suitable to
Monroe County and in accordance to any County, State or Federal laws and regulations.
LICENSEE's equipment shall be installed and maintained in a manner so as not to
conflict or interfere with Monroe County or any other entity utilizing the facility.
IN THE EVENT OF INTERFERENCE:
1. The entity being affected by the interference will notify the Monroe County
Emergency Communications department.
2. The Monroe County Emergency Communications Department in joint
participation with the entity being affected will respond within 24 hours to the facility
and begin analysis of the problem.
3. Upon identification of the interference source, the responsible entity will
be immediately contacted, followed with a written notice.
4. The licensee, LICENSEE or user responsible for the interference will
within 24 hours begin all steps necessary to correct and eliminate the interference at their
expense.
5. Should the interference not be minimized within 72 hours or eliminated
within 30 days, Monroe County may elect to terminate this Agreement or correct the
interference problem at the lessee's, LICENSEE's or user's expense. ~
LICENSEE has satisfied itself and hereby represents and warrants to Monroe County
that no such obstruction or interference with transmitting or receiving shall result to
Monroe County or other licensees, LICENSEEs or users located at the facility.
LICENSEE agrees to indemnify, hold harmless and defend Monroe County against any
damage, including attorney's fees, arising out of such obstruction or interference with
respect to uses which are in effect as to the date of this Agreement.
ATTACHMENT "T"
Existing Tower Map
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I ~~~~ I
I T~PCS
I
T -MobIe PCS
135'
MCSO VHF
115"
~ J~~~
Stock Island SO Tower
150'
140'
120'
100'
80'
~
60'
40'
20'
~
EXHIBIT" A"
THE PREMISES
Antenna and Cable Specification
With Mounting Drawing
Ground Space Drawings
With Plans
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EXHIBIT "B"
METRO PCS. INC. PROPOSAL
TO
MONROE COUNTY
~
metroPCS
1401 NW 136th Avenue
Suite 304
Sunrise, Florida 33323
Tel.: 954.839.2600
Fax: 954.838.7104
May 12, 2004
Mr. Norman Leggett
Monroe County Emergency Services
1 0600 Aviation Blvd.
Marathon, FL 33050
Dear Mr. Leggett:
MetroPeS, Inc. is in the process of locating tower sites throughout the Monroe County
for our upcoming PCS system deployment. We have looked at the tower located at the
Sheriffs Office on Stock Island and determined that it would be an excellent site for our
equipment. I have attached a copy of the Monroe County typical site license with the
following additions;
. The correct address, latitude, longitude and legal description
. Paragraph 2. Annual rental Amount $25,000.00.
. Paragraph 3. Number ofterms changed to 3
. Paragraph 4. Language added to allow MetroPCS to modify our installation
without getting BOCC approval, providing that the equipment does not exceed the
size of the contracted equipment.
Please fOlWard this to the County attorney for comments we would like to be on June's
agenda.
Respectfully Yours,
A
Mike Haggerty
Zoning Manager
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Not Approved
A
Approved
Risk Management:
Date:
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
NON-COLLUSION AFFIDAVIT
I, of the
city of according to law on my oath
and under penalty of perjury, depose and say that;
1) I am MetroPCS California/Florida, Inc., the
bidder making the Proposal for the project described as follows:
Tower Space License
2) The prices in this bid have been arrived at independently without
collusion, consultation, communication or agreement for the purpose of
restricting competition, as to any matter relating-to such-prices with any
other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been
quoted in this bid have not been knowingly disclosed by the bidder and will
not knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to
induce _any other person, partnership or corporation to submit, or not to
submit, a bid for the purpose of restricting competition;
5) The statements contained in this affidavit are true and correct,
and made with full knowledge that Monroe County relies upon the truth of
the statements contained in this affidavit in awarding contracts for said
project.
~
Signature of Bidder
STATE OF: ~\or\~C\
COUNTY OF b{"()~f ~
~
Date:
~l.uo/04
I
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
ffU(1\L., ~e\'who, after first being sworn by me,
(name of individual signing) affixed his/her signature in the space provided
above on this 2.<6." day of- J,J\'f"
~~
~ Man NeflCIbIa 238603
'-.. . My eomrnl$llOl\ 00 7
~Of~ expkeI~05.200
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby
certifies that: METROPCS CALIFORNIA/FLORIDA. INC.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform .employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
~
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify thatthis firm complies
fully with the above re~
f Licensee's Signature
~JVO/o1
f I
Date:
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETIllCS CLAUSE
'{IA. ~\T2..0 ~
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer Qr employee.
1e'
/p 1 U', /04
Date:
STATE OF
~I().r\&
6-avJc...( d
COUNTY OF
~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
hu.n v.... &e \ \ who, after first being swomby me, affixed his/her
signature (name of individual signing) in the space provided above on this ~ day of
~
,20~.
NO~
,,,: J\. Mart ANnc:ibla
.~jMyCommlMlonD0238e83
~.. t;/ Expires AuguIt 05, 2007
My conunission expires: ~~)>r)( 2o<:s1
OMB - MCP FORM #4
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list. "
~