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
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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.
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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.
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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
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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)
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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.
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KrannerArm Inc. Page I I
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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
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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.
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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