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HomeMy WebLinkAboutCC Resolution 12213 (Radio Frequency Radiation Testing)RESOLUTION NO. 12213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH KRAMER.FIRM INC. FOR RADIO FREQUENCY RADIATION (RFR) TESTING OF WIRELESS COMMUNICATIONS FACILITIES LOCATED WITHIN THE CITY OF SAN RAFAEL (Agreement Term: March 19, 2007 to December 31, 2007, amount not to exceed $22,137.50) WHEREAS, Section 14.16.360(N)(2) of the San Rafael Municipal Code requires that every three (3) years, the City of San Rafael arrange for the measurement of radio frequency radiation (RFR) emissions from wireless communications facilities located within the City to confirm compliance with Federal Communications Commission (FCC) standards for such facilities; and WHEREAS, at the City's request, Kramer.Firm Inc. (Consultant) submitted a Proposal to the City of San Rafael to Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities, including a list of anticipated activities and the cost associated with the performance of the services; and WHEREAS, Section 14.16.360(N)(2) of the San Rafael Municipal Code permits the City to recover the cost associated with the Consultant's services from the owner or operator of wireless communications facilities located within the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Services with Kramer.Firm Inc., in the form attached herewith. I, JEANNE M. LEONCIl 11, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19th day of March, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Miller, Phillips and Mayor Boro None Cohen and Heller JEJJNE M. LEON CINI, City Clerk 0� �� PROFESSIONAL SERVICES AGREEMENT WITH KRAMER.FIRM INC. FOR RADIO FREQUENCY RADIATION (RFR) TESTING OF WIRELESS COMMUNICATIONS FACILITIES LOCATED WITHIN THE CITY OF SAN RAFAEL This Agreement is made and entered into this 19th day of March 2007 by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and KRAMERTIRM INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted a Proposal to the City of San Rafael to Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities (attached herewith and incorporated by reference) for the performance of services related to the testing of radio frequency radiation (RFR) emissions from existing wireless communications facilities situated within the City of San Rafael, in accordance with Section 14.16.360(1)(2) of the San Rafael Municipal Code; and WHEREAS, CITY desires to retain CONTRACTOR to perform professional services required by Section 14.16.360(1)(2) of the San Rafael Municipal Code related to the testing of RFR emissions from wireless telecommunications facilities; and WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Principal Planner (Current Planning) is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Jonathan L. Kramer, Esq. is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason; the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 011907 2. DUTIES OF CONTRACTOR. CONTRACTOR'S PROJECT DIRECTOR shall perform the duties and/or provide professional services related to RFR testing of existing wireless communications facilities pursuant to the requirements of Section 14.16.360(N)(2) of the City's Wireless Communications Facilities Standards. These services shall be performed under the supervision of the Principal Planner. Duties shall include the tasks described in the attached Proposal to the City of San Rafael to Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities, incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and CONTRACTOR shall perform the duties and/or provide services as outlined in Proposal to the City of San Rafael to Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities, attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $22,137.50 based upon the budget shown in Proposal to the City of San Rafael to Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be from March 19, 2007 through December 31, 2007. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended for an additional period. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. 03/19/07 2 D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 0319/'07 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insured under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 03(19(07 4 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Bill Meeker Principal Planner City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 City Risk Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Jonathan L. Kramer, Esq. Kramer.Firm Inc. 2001 South Barrington Avenue, Suite 306 Los Angeles, California 90025-5379 03/19/07 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 03/19/07 6 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorneys fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOWs taxpayer identification number is 95-4739374. and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WBEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR Kenr�dhoff, City Mana eel/ ATTEST: ,ih - <Zf, : YEA—NNE M. LE014CM, City Clerk �IA .y Attorney Kramer.Firm Inc. By: Name: Jonathan L. Kramer, Esq. Title: President and Principal Attachment: Proposal to the City of San Rafael to Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities 03/19/07 7 Kramer.Firm's Proposal to CITY OF The City of San Rafael To Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities February 2007 Jonathan L. Kramer, Esq. President and Principal Kramer.Firm, Inc. Telecarnmunicamns Technology Course] for Govei ninent Agencies and Private Institutions Since 1904 wmvXrainerFirnri.conn Main Office: Kramer@KramerFirm.com T el + 1 (310) 473 9900 Fax + 1 (310) 473 5900 Suite 306 2001 S. Barrington Avenue Los Angeles, California 90025-5379 Kramer.Firm's Proposal to The City of San Rafael To Provide Radio Frequency Radiation Testing of Wireless Telecommunications Facilities Table of Contents Section Title I Introduction 2 Ownership Statement 3 Qualifications of Key Personnel 4 A Description of Our Services, How They Are Performed, and the Fees We Charge 5 References to Some Other Governments We Serve or Have Served 6 Insurance Information 7 Thank You... Kramer.Firm inc. Kramer.Firm's Proposal to The City of San Rafael to Provide Wireless Telecommunications Facility Application Review Services Introduction Kramer.Firm, Incorporated is a nationally -recognized government consulting firm providing telecommunications technology support and inspection services to nearly 500 governments around the United States. To avoid actual and potential conflicts of interest, our work for the wireless industry is restricted to providing informational lectures, and industry conference presentations. The firm is headed by Jonathan L. Kramer, Esq., FSCTE. Initially formed by Mr. Kramer in Orange County, California in 1984 to provide cable television/broadband technology advice to governments, we have been providing technology support related to wireless communications to our government clients since the early 1990s. Kramer.Firm has conducted hundreds of wireless site technology and project reviews on behalf of governments, including project reviews of cellular, PCS, broadcast, paging and amateur radio projects. We've participated in wireless ordinance drafting, and redrafting over the past 15 years on behalf of many of our government clients. We also serve as expert witnesses in wireless litigation matters. Most recently, Mr. Kramer was the League of California Cities technology negotiator on SB 1627, the wireless collocation bill signed by Governor Schwarzenegger on September 29, 2006. (Note that none of the services proposed below in response to the City's RFP are related to the provision of legal services or counsel. No attorney-client relationship is offered or formed by this proposal. Should the City desire to form an attorney-client relationship, that relationship should be between the City Attorney's office and Mr. Kramer's law practice, and must be in writing.) Kramer.Firm inc. Page I 2`1 Ownership Statement Kramer.Firm, Incorporated is a privately -held California corporation in good standing. The sole shareholder of Kramer.Firm, Inc. is Jonathan L. Kramer, Esq., FSCTE. Mr. Kramer's credentials and the credentials of his professional staff are provided in Section 3 of this proposal. <Balance of page intentionally left blank> Kramer.Firm inc. page 2 Qualifications of Key Personnel There are two key persons who will provide key services under this proposal: Jonathan L. Kramer and Steve Allen. The qualifications of each person are presented below. Jonathan L. Kramer, Esq., FSCI"E, Mr. Kramer is Kramer. Firm's founder and principal. 01 An Attorney and Counselor at Law admitted to practice law in California (State Bar Number 244074) An attorney member of the International Municipal Lawyers Association 10 An attorney member of the Federal Communications Bar Association Licensed by the Federal Communications Commission (General Radiotelephone Operator License PG -1 1-35289, with Ship Radar and Broadcast endorsements, June 1987) (Previously licensed as a First Class Radio Telephone Operator, Nov. 1977; Second Class Radio Telephone Operator, Sept. 1975) Licensed by the Federal Communications Commission as an amateur radio operator since November 1970; currently licensed as an Extra Class operator (W6JLK) Life member of the American Radio Relay League; ARRL book article author and review editor on amateur radio cable television RF interference matters ® Wireless technology advisor to and testifying expert before the FCC's State & Local Government Advisory Committee ® Co-author, editor of "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance" wireless technology advisory to local governments based published by the FCC, Spring 2000 (available at http://www.FCC.gov/oet/rfsafety) KramerArm inc. Page 3 ® Former Chairperson, International Right of Way Association Wireless Committee ® Former National Board of Directors member, National Association of Telecommunications Officers and Advisors (NATOA), an affiliate of the National League of Cities (Terms: 1997-2000, 1992-1994) Former Co-chair of National Technical Standards Committee appointed by NATOA, National League of Cities, and US Conference of Mayors to develop the national technical standards for cable television systems adopted by the FCC in February 1992 ® NATOA's 1997 Member of the Year (honored for information delivery to NATOA members) ®I NATOA's 1991 Member of the Year (honored for achievements in developing and negotiating national cable television technical standards) Former Co-chair of National Technical Standards committee appointed by NATOA, National League of Cities, and US Conference of Mayors to develop the national technical standardized testing manual to determine compliance with the FCC rules Senior Member of Society of Cable Telecommunications Engineers (Senior Member since April 1993; Member since 198 1) 91 Fellow member of Society of Cable Telecommunication Engineers (United Kingdom society; elected 1999; elevated to Fellow in 200 1) • Witness before the FCC in Cable TV re -regulation hearings, March 1990, representing NATOA, et al ® Right of Way engineering and management expertise related to telecommunications networks and radio communications siting Testifying Expert in federal and state court cases regarding wireless technology/siting matters and cable television technology Technology speaker at every NATOA National Conference from 1988 through 2000, and 2002 through 2004; Technology speaker at many regional and local NATOA meetings Kramer.Firm inc. Page 4 13 Communications technology speaker at Society of Cable Telecommunications Engineers conferences, and cable industry conferences Published author of book and magazine articles on wireless siting, communications technology, plant safety, construction and administration Cable system engineering and technical management experience: Chief Technician, Technical Manager, Regional Engineer Former Field Engineer for Motorola Communications and Electronics, Area F Program Management team —Areas of experience include microwave radio; baseband RF and audio; digital signaling; UHF and VHF two-way radio (including high stability Simulcast® radio operations); telephony; and command and control communications Juris Doctor degree from Abraham Lincoln University School of Law (Los Angeles); Undergraduate education at CSUN, UCLA, and WLAC; AS Degree in Radio Frequency Communications (with honors), Los Angeles Trade Technical College. Selected Wireless Litigation as an Expert Witness MetroPCS v. City of San Francisco AT&T Wireless v. City of San Francisco Sprint v. City of Palos Verdes Estates AT&T Wireless v. City of Santa Monica Verizon Wireless v. City of Santa Monica Sprint v. City of La Canada Flintridge (2 cases) AT&T Wireless v. City of Carlsbad AT&T Wireless v. City of San Diego Nextel v. City of San Diego Sprint Wireless v. City of Thousand Oaks Cingular Wireless v. City of Thousand Oaks Omnipoint v. Garden City, Michigan GTE Mobilenet v. City of San Francisco US Cellular v. Peoria County Selected Formal Presentations on Wireless Technolozv and Tower Siting PCIA National Conference Invited Speaker (twice) League of California Cities – City Attorneys Section International Municipal Lawyers Association –Annual Conference Infranext Wireless Siting Conference for Government Officials San Diego County Municipal Attorneys Association Tri -Country Municipal Attorneys Association Center for International Legal Studies – Salzburg, Austria Kramer.Firm inc. Page 5 American Planners Association — California Regional Conference American Planners Association — Midwest Regional Chapters Personal Communications Industry Association — Annual Conference National Assoc. of Telecom. Officers and Advisors — Multiple Nat'l Conferences National Assoc. of Telecom. Officers and Advisors — California Chapter Meetings Annenberg School of Communications (USC) University of Alabama <Balance of page intentionally left blanlc> Kramer.Firm Inc. Page 6 Steven C. Allen, BCE Mr. Allen is Kramer. Firm's Senior Field Inspector. He assists Mr. Kramer in the performance of wireless and wired communications projects for our government clients. Mr. Allen also performs field signal strength surveys of wireless systems, usually in connection with our defense litigation support of local governments. Employed in the telecommunications technology field for 34 years, highlights of Mr. Allen's career are presented below. 7/01 to Present Kramer.Firm, Inc. Senior Field Inspector Broadband wireless system inspection specialist; RF technology. Reports directly to and under the supervision of Jonathan L. Kramer, Kramer.Firm's Principal. 5/00 to 7/01 Cisco Systems, Inc Consulting System Engineer (CSE) Cable and Wireless Business Provided technical expertise and industry knowledge to the development and sale of broadband cable modems, Cable Modem Termination Systems (CMTS), video products, and wireless Internet products. Prepared and delivered focused product training and presentations to internal work groups and Cisco customers. Assisted in the development of specifications and features of next generation Cisco products and worked with customer account teams on product evaluations or deployments. Worked with local Account Managers and System Engineers to resolve specific operational problems at customer locations. Providing feedback to manufacturing or product development on requirements or improvements to products. Provided training to customer staff on Cisco products. Provided RF/HFC experience and industry knowledge to Cisco sales and marketing departments to better acquaint them with the broadband cable industry. (Industry point of view). Leveraged extensive vendor contacts to provide information and possible solutions to specific product development requirements. ® 1999-2000 Telecommunications sales engineering support for a broadband communications firm. ® 12/95 to 11/98 Roseville Telephone Company Systems Engineer: Kranler.Firrn Inc. Page 7 Directly involved in mapping and conducting signal surveys in the Sacramento area for wireless PCS coverage. Worked with several right- of-way contractors and Lucent, to secure cellular and co -locate sites for network build -out. 1970-1995 Telecommunications engineering field and supervisory experience within the broadband/cable industry. ® Education: 9/73 - 5/75 California State University Chico, Chico, California BA degree, Telecommunications 9/71 - 5/72 San Diego State University, San Diego, California Undergraduate work, Broadcasting 9/69 - 6/71 Diablo Valley College, Pleasant Hill, California Associate of Arts Degree, General Education emphasis on Broadcasting Professional Licenses and Related Credentials: FCC General Class Radiotelephone License; prior licensed as a Second Class General Radiotelephone License (licensed since 1980) SCTE Broadband Certified Engineer (BCE); certified since 1988 SCTE Certified Broadband Telecom Center Specialist (BTCS) 2002 FCC Amateur Radio Licensee (Call sign: KC6VCC; licensed since 199 1) <Balance of page intentionally left blank> Kranner.Firm Inc. Page 8 a A Description of Our Services, How They Are Performed, and the Fees We Charge The following is our offering in response to the City's RFP. In crafting this proposal, we have reviewed the City's Code regarding antennas emissions testing (at Chapter 14 of the City's Municipal Code). We have also reviewed FCC Office of Engineering and Technology Bulletin 65 ("FCC OET Bulletin 65") which contains the RF safety standards for wireless facilities in the United States. Wireless Site RF Emissions Testing At each wireless site we shall: 1. Conduct cumulative RF emissions testing of all wireless carriers at a particular wireless site utilizing calibrated, industry -standard measuring equipment (typically a Narda 8718B measuring system with shaped RF probe). We shall direct the carrier to ensure that at the time of testing the maximum power of the site is emitted from the antennas. 2. Spatially average the RF emissions measurements over 6 feet as required by FCC OET Bulletin 65. 3. Determine compliance with FCC OET Bulletin 65 for the uncontrolled/general population emissions limits. This is the more restrictive public standard. (Elements I through 3 comprise the specifics of our proposal directly responsive to the City's RFP. The elements below are additional tasks that logically occur at the time of the each inspection.) 4. Produce for inclusion in our report a simple site map showing any areas of RF emissions at or exceeding the FCC OET Bulletin 65 uncontrolled/general population emissions limits. 5. Photograph each site for a visual record of the facility as it exists at the time of the inspection. Kramer.Firm Inc. Page 9 6. First review the CUP, SUP, or permit granted by the City for the installation of the wireless site, and evaluate compliance with the permit. If, for example, the City's permit allows for a maximum of six antennas, and we observe more than six antennas, we will note the discrepancy within the inspection report. The City may then evaluate whether code enforcement and/or mandatory permit modifications are required. 7. Verify the accuracy of site signage related to FCC antenna tower registrations. 8. Verify the accuracy of the site signage related to site ownership and contact information. As required, provide a clearly -written set of recommendations required to bring a site into compliance with the FCC OET Bulletin 65 requirements. Report format: Our project reviews are tendered to our clients in memorandum or report form (depending on the style requested by the government). We submit our analysis in Adobe PDF format to easily permit the attachment of our reports to planning department reports. Time to Perform: We estimate our work at all 50 San Rafael project sites will be completed within 60 to 90 days after our receipt of notice to proceed and the submission of project site information. This estimate is subject to the level of cooperation afforded to us by the City and the wireless carriers. Per Site Fee: Each site will take approximately 1.75 hours to inspect and prepare our written report. We charge an hourly fee of $220, billed in 15 minute increments, for our project reviews. Directly related project expenses (travel, lodging, etc.) are billed at cost. For budget purposes you should budget an additional 15% to cover expenses. Based on the City's estimate of 50 wireless sites, we conservatively estimate the inspection fee to be $22,137.50 (50 sites * 1.75 hours * $220 = $19,250 + 15% [$2,887.50] _ $22,137.50). Realistically, the total fee should be less if there are multiple collocated wireless sites in the City. Kramer.Firn, Inc. Page 10 Staff/Commission/Board/Council Presentations Scope: Some of our government clients ask that we present our findings and be an industry -independent resource at Planning Commission meetings. As requested by San Rafael, and subject to our prior -scheduling, we will be available to present our findings and act as a wireless technology and construction expert before the City's Staff, Planning Commission, and/or the City Council. Presentations may be in person, or by teleconference as requested by the City. Performed by: Jonathan L. Kramer, Esq., FSCTE Fee: Mr. Kramer charges an hourly fee of $250, billed in 15 minute increments. Travel time is billed at 50% of the hourly rate portal to portal. All expenses are billed at cost. Note that at the completion of all site testing, and after delivery of our report, Mr. Kramer will participate in a teleconference with the City for a maximum of two hours at no charge. The regular fees above apply should the City wish Mr. Kramer to make the presentation in person. Proposal Life and Acceptance This proposal shall remain open until 5:00 p.m. PST on April 1, 2007 at which time it is withdrawn. Our obligation to perform the work as described above is subject to entry into a mutually agreeable contract. We anticipate that our turn -around time for a draft contract review will be 5 working days. <Balance of page intentionally left blank> KrannerArm Inc. Page I I 0 References to Some Other Governments We Serve or Have Served The following persons are able to discuss the work we perform for their government agencies, our ability to provide those services, and the expertise and reliability underpinning our advice. Agency and Services Contact City of Irvine City of Irvine Project design and RF safety reviews. Wireless ordinance reviews and revisions. City of Newport Beach Project design and RF safety reviews. City of Thousand Oaks Project design and RF safety reviews Wireless ordinance reviews and revisions. Wireless siting leases on City property. Litigation support. City of Redondo Beach Project design and RF safety reviews. Wireless ordinance reviews and revisions. Wireless siting leases on City property. Training. Mr. Mike Haack Manager of Development Services One Civic Center Plaza Irvine, CA 92623 ('949) 724-7298 Ms. Janet Johnson Brown Assistant Planner 3300 Newport Blvd. Newport Beach, CA 92658-8915 (949) 644-3236 Ms. Claudia .. _.. Pedroso Senior Planner 2100 Thousand Oaks Blvd Thousand Oaks, CA 91302 (805) 449-2337 Maggie Healy Assistant to the City Manager 415 Diamond Street Redondo Beach, CA 90277 (3 10) 372-1 171, ext. 2224 Kramer.Firm Inc. Page 12 City of Walnut Creek Wireless ordinance reviews and revisions. City of Santa Monica Project design and RF safety reviews. Wireless ordinance reviews and revisions. Litigation support. Mr. Paul Valle-Riestra, Esq. 1655 North Main Street #390 Walnut Creek, CA 94596 (925) 943-5813 Ms. Cara Silver, Esq. Deputy City Attorney 1685 Main Street, Room 310 Santa Monica, CA 90401 (3 10) 458-8336 City of Temecula Mr. Don Hazen Principal Planner Project design and RF safety reviews of 43200 Business Park Drive wireless communications sites and Temecula, CA 92589-9033 satellite uplink facilities. (95 1) 694-6400 <Balance of page intentionally left blank> Kranner.Firnn Inc. Page 13 Insurance Information Kramer.Firm maintains the following insurance policies: A $2,000,000 business liability/business and non -owned automobile insurance policy with The Hartford Insurance Company. a A $2,000,000 owned -automobile insurance policy with State Farm Insurance. A California Workers Compensation policy written by The Hartford Insurance Company. <Balance of page intentionally left blank> Kramer.Firm Inc. Page 14 Thank you... We appreciate your consideration of our proposal. We're ready to answer any questions you have as you review this proposal. Jonathan L. Kramer is the contact person for Kramer.Firm who is most knowledgeable about our services and this proposal. He may be reached as listed below: Via Mail: Jonathan L. Kramer, Esq., FSCTE Kramer.Firm Inc. 2001 S. Barrington Avenue, Suite 306 Los Angeles, CA 90025 By Telephone: Office: (310) 473-9900 ext. 121 Direct: (3 10) 405-7333 Mobile: (310) 966-9993 By Fax: (3 10) 473-5900 By Email: Kramer@KramerFirm.com Kramer.Firm Inc. page 15