Item C10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2012 Division: Emm4encv Services
Bulk Item: Yes X No — Department: Emergency Management
Staff Contact Person/Phone # Jose Tezanos/x6325
AGENDA ITEM WORDING: Approval of Tower Use Agreement between Monroe County Board of
County Commissioners and State of Florida Department of Transportation to obtain permission to enter
the Tower Site premises for the purpose of using it for the improvements to its communications system
equipment and operations, to eliminate power usage stipulation under cost responsibility. No county
funding is required.
ITEM BACKGROUND: This Agreement between the Monroe County Board of County
Commissioners, and the Florida Department of Transportation will replace Agreement between the State
of Florida Department of Transportation, and Monroe County Division of Emergency Management
entered into on April 14, 1999 to obtain pet -mission to enter the Tower Site premises for the purpose of
using it for the improvements to its communications system equipment and operations. Monroe County
previously transferred the responsibility for supervision of certain equipment located on the Tea Table
Tower associated with the 800 megahertz 911 system to the Monroe County Sheriff's Office. However,
other hardware is also sited on the Tower (such as a National Weather Service weather radio system),
making this agreement necessary. Recently, the National Weather Service updated the weather radio
transinittcr located at the Tower, using federal funds.
PREVIOUS RELEVANT BOARD ACTION: On April 14,1999 the Board approved Tower Use
Agreement between Monroe County Division of Emergency Management and State of Florida
Z__1
Department of Transportation.
CONTRACT/AGREEMENT CHANGES: Enter into current Agreement, and to eliminate under cost
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eligibility power usage stipulation.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:—$ 0.00 . SOURCE OF FUNDS: Grant Funds
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
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APPROVED BY: County Atty 41zv- OMB/PuUasing _ Risk Management TaL
DOCUMENTATION:
DISPOSITION:
Revised 7A)9
.... ..... .. ..
MAY 0 1 2, 0, 17-
Included X Not Required
AGENDA ITEM #
MONRUE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Conti -act with: State of Florida DOT Contract #
Effective Date: September 21, 2011
Expiration Date: indefinitely
Contract Purpose/Description:
Approval of Tower Use Agreement between Monroe County Board of County
Commissioners and State of Horida Department of Transportation to obtain permission
--to enter the Tower Site premises for the purpose of using it for the improvements
to its commu n icat ions system equipment and operations, to eliminate power u,�age
stipulation under cost responsibility, and revise the specifications for the National Weather
Se"r—Vice weath—erra—diosystem attached to the Tea Table Tower. No county funding is recILiired.___
Contract Manager: Jose Tezanos 6325
for BOCC meeting on May 16,2012 Agenda Deadline: May 1, 2012
CONTRACT COSTS
Total Dollar Value ofCoo1zuct: $ Cut -rent Year Portion: $
|0udgoied7Yc*F_1 No Account Codes:
Grant:
County ----------'-------------
|CountyMatch: $ O
- - -
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(Not included in dollar value above) (eg. inaintenance, utilities,janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date Out
Date In
Needed
Reviewer
Division Director
YesF_j Non
O.M.BJPu"1asing
Yf-sn Nol�
S7 ILI
County Attorney
L7�14_lxv
YesF_1 No5j
. . . . . . . . . .
OMB FoonRevised 2/27/0|MCP #2
i�E940
USER AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TOWER USE AGREEMENT
State of Florida
Department of Transportation
605 Suwannee Street
Tallahassee, Florida 32399-0450
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, Florida 33040
750-040-01
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TOWER SITE Tea Table Fill (6-6114) (ASR 1062080) Lat: 24-53-42.8N NAD 83
79300 Overseas Highway Lon: 80-39-50.2W
US 1 at Mile Marker 79.2 on Ocean Side
Islamorada, FL 33036
WHEREAS, User Agency desires to use a portion of said Tower Site for its communications system antenna(s) to
facilitate signal propagation for the purpose of enhancing User Agency activities through radio communications; and
WHEREAS, Owner desires to allow User Agency to use a portion of said Tower Site within the limitations and
subject to the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the execution of this Tower Use Agreement, it is mutually agreed between
the parties hereto as follows:
Use of Premises
Owner hereby gives permission, revocable and terminable as hereinafter provided, to the User Agency to enter the
Tower Site premises for the purpose of using it for the improvements to its communications system equipment and
operations (hereinafter referred to as the "Improvements"). Said Improvements shall be located so as to not interfere with
any of the Owner's operations.
2. Fees
Unless otherwise specified herein, there will be no fee for use of this Tower Site unless an additional fee or cost
directly attributable to the User Agency is imposed on the Owner as a result of this Agreement. In the event that such a
fee or cost is levied, the User Agency agrees to and will be required to be responsible for all such fees.
Terms
The initial term of this Agreement shall be for ten (10) years. The User Agency may request to renew this Agreement
every ten (10) years. Renewal shall be in the form of a letter from the User Agency to the Owner requesting the renewal of
this Agreement and a response from the Owner to the User Agency approving the renewal request. Renewal of this
Agreement is the responsibility of the User Agency and not the responsibility of the Owner. In the event that the User
Agency fails to obtain a renewal concurrence from the Owner, the User Agency will be allowed sixty (60) days to remove
all antenna(s), mounting hardware, transmission line(s), and equipment from Tower Site premises. Tower site shall be
made clean and undamaged from the removal process.
4. Access
The Owner shall provide the User Agency access to the Tower Site at all times for the uses authorized herein.
Maintenance
The costs of any maintenance and operation of Improvements shall be at the sole expense of the User Agency.
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6. Indemnification
To the extent provided by law, subject to the limitations and provisions of Section 768.28, Florida Statutes, which
provisions are not expanded, altered, or waived, the User Agency shall indemnify, defend and hold harmless the Owner
and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act,
error, omission or negligent act by the User Agency, its agents or employees during the performance of the Agreement
except that neither the User Agency, its agents or its employees will be liable under this paragraph for any claim, loss,
damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its
officers, agents or employees during the performance of the Agreement.
When the Owner receives a notice of claim for damages that may have been caused by the User Agency in the
performance of services required under this Agreement, the Owner will immediately forward the claim to the User Agency,
The User Agency and the Owner will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Owner will determine whether to require
the participation of the User Agency in the defense of the claim or to require that the User Agency defend the Owner in
such claim as described in this section. The Owner's failure to promptly notify the User Agency of a claim shall not act as
a waiver of any right herein to require the participation in or defense of the claim by the User Agency. The Owner and the
User Agency will each pay its own expenses for the evaluation, settlement negotiations and trial, if any. However, if only
one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
7. Insurance
User Agency is solely responsible for self insurance and shall be considered so by the Owner.
8. Interference
In the event the Owner determines that the operation of the Improvements by the User Agency caused interference
to transmission and/or reception of any other communications systems in use in the vicinity of the Tower Site, the User
Agency shall take all appropriate steps necessary to mitigate said interference within thirty (30) days of receiving written
notice.
9. Permits
User Agency is responsible for obtaining and paying the costs of all permits, licenses, and/or other approvals by any
regulatory body having jurisdiction over the uses authorized herein.
10. Compliance
Should the User Agency fail or neglect to comply with any terms or conditions of this Agreement or to comply with
any reasonable requirement of the Owner after thirty (30) days written notice and demand, this Agreement shall be
subject to termination. In the event of such termination, User Agency shall immediately remove any and all of its
Improvements from the Tower Site described herein and surrender all rights and privileges under this Agreement.
11. Limitations
The section headings of this Agreement are for convenience and reference only and in no way define, extend, limit,
or describe the scope or intent of this Agreement or any provision hereof.
This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein, and this Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida.
12. Structural Analysis
User Agency agrees to provide Owner with a structural analysis that indicates that the additional proposed User
Agency antenna(s), mounting hardware and transmission line(s) will not exceed the tower loading standards as defined by
the most current revision of the Telecommunications Industries Association (TIA)/Electronics Industries Association (EIA)
222 wind loading standard and/or the American Society of Civil Engineers (ASCE) -7 wind loading standard and/or the
750-040-01
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South Florida Building Code as required by State and/or local requirements using the most stringent and latest revision(s).
The structural analysis must be provided as required, reviewed, and approved by the Department's Intelligent
Transportation Systems Telecommunications Administrator prior to technical approval of this Agreement.
13. Intermodulation Analysis
User Agency agrees to provide the Owner with an Interference modulation (Intermod) analysis of all the existing and
proposed receiver and transmitter operating frequencies. This analysis must provide 9th Order calculations using all
transmit frequencies and include all receive frequencies and their adjacent channel frequencies. The Department will
require interference analyses for any Intermod frequency deemed to produce interference. The interference analysis must
produce a signal strength component based on path loss, antenna performance characteristics and spatial separation,
frequency separation, and receiver and ancillary filter isolation curves. The Intermod analysis and subsequent interference
analyses must be provided as required, reviewed and approved by the Department's Intelligent Transportation Systems
Telecommunications Administrator prior to the technical approval of this Agreement.
14. Chapter 471, Florida Statutes
User Agency agrees that all submittals required herein will be signed and sealed by a qualified Florida registered
Professional Engineer (P.E.) in accordance with Chapter 471, Florida Statutes.
15, Standards Requirements
User Agency agrees to install all equipment in accordance with but not limited to Electronics Industries Association
(EIA), the Institute of Electrical and Electronic Engineers (IEEE) and National Electrical Code (NEC) standards.
16. Surge and Transient Protection Requirements
User Agency agrees to provide, at User Agency's expense, any and all surge and transient protection devices,
including but not limited to transmission line through -line protectors, power line primary and secondary protectors, and
telephone line protectors.
17. Required Submittals
User Agency agrees to submit a complete plan of the proposed additional equipment as required by the
Department's Intelligent Transportation Systems Telecommunications Administrator. The required submittals will be based
on site specific needs and transmitted to the User Agency in response to a technically complete initial request to use a
specific site. Submittals may include but not be limited to structural analysis (paragraph 12), Intermodulation analysis
(paragraph 13), equipment building floor space use plan, power requirements, lightning protection, microwave use plan
and equipment maintenance requirements.
18. Unforeseen Problems
User Agency agrees that, if any unforeseen problems such as but not limited to structural overloading or overstress
to the tower site tower, or interference to any Owner or preexisting User Agency equipment, or any environmental
problems were to occur, the User Agency will either correct, at the expense of the User Agency, any and all problems to
the Owner's satisfaction within 60 days or within an alternate time limit determined by the Owner.
19. Cost Responsibility
User Agency agrees to, unless stipulated otherwise herein, to be responsible for all costs for, but not limited to,
equipment installation, equipment removal, utilities installation, and telephone circuit usage such that the Owner will be
left harmless and exempt of said responsibilities. Owner agrees to provide commercial power and emergency generator
power.
20. Suspension of Operations
User Agency agrees to suspend all operations and remove all antenna(s), mounting hardware, transmission Iine(s),
and other equipment from said Tower Site within sixty (60) days upon receipt of written notice to vacate said Tower Site. If
750-040-01
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the request to vacate is determined an emergency by the Owner, the User Agency agrees to immediately cease and
desist as specified in the emergency request.
21. Reaulatory Reouirements
User Agency agrees to comply with all federal, state, and local regulations, laws, and ordinances applicable to this
Agreement. User Agency further agrees to operate, maintain, and control all User Agency equipment in accordance with
and not in violation of any Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or any
other empowered regulating body rules or laws.
22. Attachments
Please check appropriate box:
❑ None ® Yes (List attached to Agreement)
750-040-01
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Page 5 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Name of User Agency
Title
Attest:
ON OE COUNTY ATTORNEY
AYF1440VED AS TO FO�W "17
ffr
NATP[,-F'.-"ENE—W—""CASSEL
'AMSTANT COUNTY ATTORNEY
Duke.
TECHNICAL APPROVAL:
Central Office Review
Radio Communications
0
(SEAL)
Title
FOR DEPARTMENT USE ONLY
LEGAL REVIEW:
Office of General Counsel
ATTACHMENTS
1. Tea Table Antenna Loading Diagram
2. Tea Table Communications Room Floor Plan
NOTE: THIS IS A RENEWAL. Structural Analysis and interference modulation study are
not required.
MOM
Leg Leg Leg
Site survey date: N/A
300' Self Supporting Tower
B RED BEACON(2) 304'BASE
---------- --
RE, BASE
5181,
D JUNCTION BOX
Notes:
1) This antenna iacomprised oftwo (2)2A5-70HDL8
antennas connected via aphasing harness 0nmake a285-
| 70HDLB-2anbannaanay.
! 2) Tobeincluded inthis agreement.
I TEA TABLE FILL (6-6114)
ISSUED 1/11/2012 lSCALE PAGE
UseAgreements\Tea Table rilMorroaCounty
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