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Home My WebLink AboutPW Marin Emergency Radio Authority____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: March 23, 2020 Disposition: Resolution 14771 Agenda Item No: 4.d Meeting Date: March 23, 2020 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: __________ TOPIC: MARIN EMERGENCY RADIO AUTHORITY SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE COMMUNICATIONS SITE LICENSE AGREEMENT WITH THE MARIN EMERGENCY RADIO AUTHORITY (MERA) ALLOWING MERA TO UPDATE ITS RADIO COMMUNICATIONS SYSTEM RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to execute a first amendment to the Communications Site License Agreement with the Marin Emergency Radio Authority (MERA) allowing MERA to update its radio communications system. BACKGROUND: In February 2001, the City Council entered into a Communications Site License Agreement with MERA permitting MERA to install telecommunications facilities on City property atop Dollar Hill subject to conditions included in the approved Environmental and Design Review Permit (ED00-53) and Use Permit (UP00-43). The existing MERA system currently includes 16 active communication sites, which will change as part of MERA’s Next Generation Radio Communication System project. MERA is a county-wide radio communications system that provides integrated communications across Marin. MERA Next- Gen is a system-wide upgrade to the emergency communications network. ANALYSIS: The Next Generation Radio Communication System project includes upgrades to Marin County's existing emergency radio communications system that will improve the County's emergency communication capabilities during daily public service and critical emergencies. The project would replace equipment at currently operating communications sites as well as install telecommunications facilities (towers, microwave dishes, antennae, radio shelter and emergency power generation) at new sites where public and private infrastructure already exists. FISCAL IMPACT: There is no fiscal impact associated with this item. OPTIONS: The City Council has the following options to consider relating to this matter: 1. Adopt a resolution authorizing the City Manager to execute a first amendment to the Sit e License Agreement. 2.Do not adopt the resolution and provide direction to staff. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 RECOMMENDED ACTION: Adopt the resolution. ATTACHMENT: 1. Resolution 2.Exhibit 1 to Resolution: First Amendment to the Agreement Page 1 of 2 RESOLUTION NO. 14771 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE COMMUNICATIONS SITE LICENSE AGREEMENT WITH THE MARIN EMERGENCY RADIO AUTHORITY (MERA) ALLOWING MERA TO UPDATE ITS RADIO COMMUNICATIONS SYSTEM WHEREAS, the City of San Rafael is the owner of certain property known as Mountain Park Reservation located on Dollar Hill (City Property); and WHEREAS, on February 5, 2001, the City Council adopted Resolution No. 10764, which authorized execution of a Communications Site License Agreement permitting the Marin Emergency Radio Authority (MERA) to install its telecommunications facilities on the City Property, consistent with the approved Environmental and Design Review Permit (ED00-53) and Use Permit (UP00-43); and WHEREAS, MERA desires to improve its communication infrastructure through the Next Generation Radio Communication System project, including modifying the frequencies at which radio signals operate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The City Council hereby approves and authorizes the City Manager to execute a first amendment to the Communications Site License Agreement with MERA allowing MERA to update its radio communications system, in the form attached hereto as Exhibit 1 and incorporated herein by reference, subject to final approval as to form by the City Attorney. 2.The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, 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 Council of said City on Monday, the 23rd day of March 2020, by the following vote, to wit: Page 2 of 2 AYES: NOES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ________ LINDSAY LARA, City Clerk FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT This First Amendment to Communications Site License Agreement is entered into on this ___ day of ___________, 2020, by and between the City of San Rafael (the “City” or “Licensor”) and the Marin Emergency Radio Authority (“MERA” or “Licensee”). WHEREAS, the City and MERA entered into that certain Communications Site License Agreement (“Agreement”) to provide, in part, space for a communications site located on City-owned property described in Paragraph 1 of the Agreement; and WHEREAS, the parties desire to amend the Agreement to authorize Licensee to update its radio communication system as described below. NOW, THEREFORE, the parties hereto agree, in consideration of the mutual covenants and obligations, to the terms and conditions hereinafter set forth as follows: 1. The first sentence of Paragraph 2 of the Agreement shall be amended to read as follows: “The City grants to MERA, subject to the rights and privileges of current tenants and other grantees, the right and privilege to use the License Space for the sole purpose of constructing, maintaining, securing and operating a public safety, fire protection and emergency radio system, including, the transmission and reception of radio communication signals on various frequencies (between 769 MHz and 775 MHz and in the 6 GHz spectrum for microwave transmissions), in conformance with the approved site plans and related drawings on file with the City Community Development Department, and subject to the terms and conditions of approval contained in Resolution No. 10763 approving Environmental and Design Review Permit ED00-53 and Use Permit UP00-43 (collectively the "MERA Communication Facilities").” 2. Paragraph 8 of the Agreement shall be amended to read as follows: “All notices or demands are deemed to be given or made when delivered in person or delivered by certified or registered mail, return receipt requested, postage prepaid United States mail, or by facsimile, and addressed to the respective parties as follows: CITY: City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Fax: 415-459-2242 Phone: 415-485-3070 And with respect to insurance issues: City Risk Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Fax: 415-499-5296 Phone: 415-485-3069 MERA: Marin Emergency Radio Authority c/o Town of Corte Madera 300 Tamalpais Drive Corte Madera, CA 94925 Attention: Executive Officer The address to which any notice or demand may be given to either party may be changed by written notice.” 3. All other terms and conditions of the Agreement shall remain in effect. IN WITNESS THEREOF, the parties have executed this Amendment as of the date first written above. LICENSOR: CITY OF SAN RAFAEL APPROVED AS TO FORM: City Manager City Attorney Date: ATTEST: City Clerk LICENSEE: MARIN EMERGENCY RADIO AUTHORITY APPROVED AS TO FORM: Executive Officer MERA Counsel Date: