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Home My WebLink AboutValley Com Agreement AGREEMENT THIS AGREEMENT is made by and between Valley Communications Center ("Valley Corn") an Intergovernmental Agency, and City of Auburn ("Lessee"). RECITALS A. The governing Interlocal Agreement for Valley Corn provides, in pertinent part, that Valley Corn shall i) determine what services shall be offered and the terms of such services; ii) enter into agreements with third parties for necessary services; iii) hold radio frequency licenses to meet public safety responsibilities; and iv) undertake other acts necessary to further Valley Corn's goals and purposes. B. Valley Communications Center is the Federal Communications Center's licensee for several radio frequencies specific to this Agreement, which are listed in Exhibit A, which is attached and incorporated by this reference ("Frequencies"). C. Lessee intends to install in-building radio frequency emergency services-specific radio system equipment ("Equipment") at its facility located at I E Main Street, Auburn. WA 98002 , and seeks permission from Valley Corn to use the certain Frequencies in conjunction with its use of the Equipment. NOW, THEREFORE, VALLEY COM AND Lessee AGREE AS FOLLOWS: 511561v2 1 Lessee In-Building Radio Frequency Use Agreement AGREEMENT 1. Permission Granted and Term. Valley Corn grants Lessee permission to use the Frequencies at Lessee's facility located at 1 I-_ Main Street, Auburn. WA 9SOO2 for a period of five (5) years from the Effective Date, unless sooner terminated pursuant to section 5 of this Agreement. This Agreement shall automatically renew at the end of each five (5) year period, unless otherwise indicated by either Valley Corn or Lessee in writing. 2. Equipment. Valley Corn shall have no obligation or liability related to the installation, operation, maintenance, repair, or removal of the Equipment. 3. Signal Strength and Use of Frequencies. Valley Corn does not guarantee the strength of signal of the Frequencies and shall not be liable for any variance or deficiency in signal strength. Lessee may use the Frequencies solely for the purpose of enhancing public safety communications. 4. Installation. Lessee must submit its plans and specifications for installation of the Equipment for Valley Com's review and approval before installation occurs. Lessee's Equipment and installation and maintenance of such Equipment shall meet all applicable NFPA and FCC rules and guidelines. Lessee must maintain and otherwise ensure that its Equipment remains in good working order and that it operates in accordance with approved plans and specifications for the duration of this Agreement. Valley Corn may inspect and, if necessary, reject Lessee work before, during or after construction or installation is complete. 511561v2 2 Lessee In-Building Radio Frequency Use Agreement 5. Interference. Upon installation of the Equipment, Valley Com shall, at the expense of Lessee , conduct an inspection of the Equipment to ensure that the signal does not interfere with Valley Corn or any other entity to which Valley Com has granted use of the Frequencies. If Lessee's use of the Frequencies interferes in any manner with Valley Corn's use, or use by any other entity to which Valley Corn has granted use of the Frequencies, Lessee shall immediately cease use of the Frequencies until that interference is remedied. Upon request by ValleyCom, Lessee shall be obligated to reimburse for all reasonable expenses incurred by ValleyCom (including but not limited to staff time) in investigating any interference with ValleyCom's operations that ValleyCom determines is caused by Lessee's use of Frequencies under this Agreement. 6. Revocation and Termination. Either party may terminate this agreement by providing the non-terminating party at least thirty (30) calendar days' prior written notice of that termination. Upon the effective date of the termination, Lessee must cease use of the Frequencies within thirty (30) calendar days. This right to terminate is without liability or obligation to the non-terminating party, and further, Lessee waives any right it may have to any claim for losses or damages of any kind incurred as a result of the early termination of this Agreement. Notwithstanding the foregoing, Valley Corn may terminate this Agreement effective immediately if Lessee's use of the Frequencies interferes with Valley Corn's operations, or if Lessee's use interferes with any other entities to which Valley Corn has granted use of the Frequencies and Lessee is unable to remedy that interference. 7. Indemnification. Lessee shall defend, indemnify and hold Valley Corn, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, 511561v2 3 Lessee In-Building Radio Frequency Use Agreement losses or suits, including all reasonable legal costs, witness fees and attorney fees, to the extent caused by the negligence or misconduct of or breach of this Agreement by Lessee. Notwithstanding anything to the contrary in the foregoing, Lessee shall in no event be liable for consequential or punitive damages. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. 8. Venue and Jurisdiction. This Agreement shall be construed in accord with the Laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of any claim or litigation regarding the enforcement of the terms of this Agreement, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 6. 9. Notices. All notices, requests, demands, or other communications provided for in this Agreement, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: VALLEY COM: City of Auburn 25 W Main Street Valley Communications Center Auburn, WA 98001 Attn: Technical Services Manager 27519 - 108th Avenue Southeast Kent, WA 98030 10. Entire Agreement and Effective Date. This Agreement contains the entire agreement between the parties and, in executing it, Valley Com and Lessee do not rely upon any other statement, 511561i2 4 Lessee In-Building Radio Frequency Use Agreement promise, or representation, whether oral or written. This Agreement shall be effective upon the last date executed (Effective Date). 11. Assignment. Neither party may assign this Agreement without the written consent of the non-assigning party. If Valley Com gives its consent to any assignment by Lessee , the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 12. Authority to Execute. Each person executing this Agreement warrants that he/she has the requisite authority to bind the party for whom that person is executing. IN WITNESS, this Agreement is executed and shall become effective as of the last date signed below. VALLEY COMMUNICATIONS Lessee CENTER ujat1 :y: Lora Ueland By "t,—• Its: Executive Director Its ('T i), fc_e APPROVED AS TO FORM: Law Department 511561v2 5 Lessee In-Building Radio Frequency Use Agreement 11(144\1\11' Va ll e COMMUNIC,�T!ONS CENTER A NATIONALLY ACCREDITED COMMUNICATIONS CENTER King County/Valley Communications requires the following information to process your request to install a BDA/DAS to provide in-building Public Safety Radio System coverage (items 20 through 23 along with a frequency list will be supplied by King County): 1) Company and/or building name: City of Auburn Justice Center 2) Address: 340 E Main Street, Auburn, WA 98002 3) Contact name/ phone: Colin Schmalz 253-804-5021 4) Email address: cschmalz@auburnwa.gov 5) Emergency contact name/ phone (24 hours/7 days) : Colin Schmalz 253-261-1601 6) Location of equipment in building: Basement (PD level) 7) Designed by (Company name/employee name): Bill Blais 8) Installed by (Company name/employee name): Day Wireless 9) Tested by (Company name/ employee name): Day Wireless 10) Provide system drawings(soft copy): TBD, no system drawings currently exist. Will put together an overview of the current system during BDA replacement 11) Provide all system equipment documentation(soft copy): Equipment Spec sheets for replaced equipment only 12) Make/model (soft copy): CommScope Node A (A4) 13) Antenna type (panel, yagi, etc.): Yagi 14) Antenna gain (dBd): 8.85 15) ERP to donor site (dBm): +20dBm 16) Antenna coordinates (NAD83): -2570752.8,6124593.9 (UTM NAD83 Zone 17N)/47.307213, - 122.224579 (Lat/Long) 17) Antenna height above ground (feet): 35 Ft 18) Date of plan commission (first turned on): TBD Depending upon approval from King County, Valley Comm. System expeted completed before May 25, 2016 19) Projected Signal level at donor site (-dBm): -90dBm 20) Channelized (24 channels): 21) Donor site name: 22) Projected signal level from donor site (-dBm): 23) Antenna azimuth (degrees true): PHONE 253.372.1300 .! FAX:253.372.1305 WWW.VALLEYCOM.ORG 27519 108'AVE SE KENT,WA 98030 gork. � Va1Iey COMMUNICATIONS CENTERA NATIONALLY ACCREDITED COMMUNICATIONS CENTER King County and ValleyCom require site measurement be done at the donor site and BDA/DAN site at the time of commissioning, the BDA/DAN system can't be in an operating state until this has been done. King County and ValleyCom reserve the right to change frequencies and donor site locations as its needs dictate. The applicant is responsible for all costs to modify the BDA/DAS system to conform. PHONE:253.372.1300 FAX:253.372.1305 WWW.VALLEYCOM.ORG 7 27519 108TH AVE SE KENT.WA 98030 , • . VCAIN'CeRY A NATIONALLY ACCREDITED COMMUNICATIONS CENTER Exhibit A KC/VC Simulcast Uplink Downlink 806.0625 851.0625 806.0875 851.0875 806.1625 851.1625 806.3625 851.3625 806.5375 851.5375 806.6375 851.6375 806.8125 851.8125 806.9625 851.9625 807.1625 852.1625 807.2125 852.2125 807.2875 852.2875 807.4125 852.4125 807.8375 852.8375 807.8625 852.8625 808.4250 853.4250 808.4500 853.4500 809.0875 854.0875 809.2875 854.2875 810.4375 855.4375 810.5875 855.5875 811.6875 856.6875 811.7625 856.7625 811.8875 856.8875 812.0875 857.0875 AGREEMENT THIS AGREEMENT is made by and between Valley Communications Center ("Valley Corn") an Intergovernmental Agency, and City of Auburn ("Lessee"). RECITALS A. The governing Interlocal Agreement for Valley Corn provides, in pertinent part, that Valley Com shall i) determine what services shall be offered and the terms of such services; ii) enter into agreements with third parties for necessary services; iii) hold radio frequency licenses to meet public safety responsibilities; and iv) undertake other acts necessary to further Valley Corn's goals and purposes. B. Valley Communications Center is the Federal Communications Center's licensee for several radio frequencies specific to this Agreement, which are listed in Exhibit A, which is attached and incorporated by this reference ("Frequencies"). C. Lessee intends to install in-building radio frequency emergency services-specific radio system equipment ("Equipment") at its facility located at 340 E Main Street, Auburn, WA 98002 , and seeks permission from Valley Corn to use the certain Frequencies in conjunction with its use of the Equipment. NOW, THEREFORE, VALLEY COM AND Lessee AGREE AS FOLLOWS: 511561v2 1 Lessee In-Building Radio Frequency Use Agreement AGREEMENT 1. Permission Granted and Term. Valley Com grants Lessee permission to use the Frequencies at Lessee's facility located at 340 E Main Street. Auburn, WA 98002 for a period of five (5) years from the Effective Date, unless sooner terminated pursuant to section 5 of this Agreement. This Agreement shall automatically renew at the end of each five (5) year period, unless otherwise indicated by either Valley Com or Lessee in writing. 2. Equipment. Valley Corn shall have no obligation or liability related to the installation, operation, maintenance, repair, or removal of the Equipment. 3. Signal Strength and Use of Frequencies. Valley Corn does not guarantee the strength of signal of the Frequencies and shall not be liable for any variance or deficiency in signal strength. Lessee may use the Frequencies solely for the purpose of enhancing public safety communications. 4. Installation. Lessee must submit its plans and specifications for installation of the Equipment for Valley Corn's review and approval before installation occurs. Lessee's Equipment and installation and maintenance of such Equipment shall meet all applicable NFPA and FCC rules and guidelines. Lessee must maintain and otherwise ensure that its Equipment remains in good working order and that it operates in accordance with approved plans and specifications for the duration of this Agreement. Valley Corn may inspect and, if necessary, reject Lessee work before, during or after construction or installation is complete. 511561x2 2 Lessee In-Building Radio Frequency Use Agreement 5. Interference. Upon installation of the Equipment, Valley Com shall, at the expense of Lessee , conduct an inspection of the Equipment to ensure that the signal does not interfere with Valley Com or any other entity to which Valley Com has granted use of the Frequencies. If Lessee's use of the Frequencies interferes in any manner with Valley Com's use, or use by any other entity to which Valley Com has granted use of the Frequencies, Lessee shall immediately cease use of the Frequencies until that interference is remedied. Upon request by ValleyCom, Lessee shall be obligated to reimburse for all reasonable expenses incurred by ValleyCom (including but not limited to staff time) in investigating any interference with ValleyCom's operations that ValleyCom determines is caused by Lessee's use of Frequencies under this Agreement. 6. Revocation and Termination. Either party may terminate this agreement by providing the non-terminating party at least thirty (30) calendar days' prior written notice of that termination. Upon the effective date of the termination, Lessee must cease use of the Frequencies within thirty (30) calendar days. This right to terminate is without liability or obligation to the non-terminating party, and further, Lessee waives any right it may have to any claim for losses or damages of any kind incurred as a result of the early termination of this Agreement. Notwithstanding the foregoing, Valley Com may terminate this Agreement effective immediately if Lessee's use of the Frequencies interferes with Valley Com's operations, or if Lessee's use interferes with any other entities to which Valley Com has granted use of the Frequencies and Lessee is unable to remedy that interference. 7. Indemnification. Lessee shall defend, indemnify and hold Valley Com, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, 511561v2 3 Lessee In-Building Radio Frequency Use Agreement losses or suits, including all reasonable legal costs, witness fees and attorney fees, to the extent caused by the negligence or misconduct of or breach of this Agreement by Lessee. Notwithstanding anything to the contrary in the foregoing, Lessee shall in no event be liable for consequential or punitive damages. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. 8. Venue and Jurisdiction. This Agreement shall be construed in accord with the Laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of any claim or litigation regarding the enforcement of the terms of this Agreement, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 6. 9. Notices. All notices, requests, demands, or other communications provided for in this Agreement, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: VALLEY COM: City of Auburn 25 W Main Street Valley Communications Center Auburn, WA 98001 Attn: Technical Services Manager 27519 - 108th Avenue Southeast Kent, WA 98030 10. Entire Agreement and Effective Date. This Agreement contains the entire agreement between the parties and, in executing it, Valley Com and Lessee do not rely upon any other statement, 511561v2 4 Lessee In-Building Radio Frequency Use Agreement promise, or representation, whether oral or written. This Agreement shall be effective upon the last date executed (Effective Date). 11. Assignment. Neither party may assign this Agreement without the written consent of the non-assigning party. If Valley Com gives its consent to any assignment by Lessee , the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 12. Authority to Execute. Each person executing this Agreement warrants that he/she has the requisite authority to bind the party for whom that person is executing. IN WITNESS, this Agreement is executed and shall become effective as of the last date signed below. VALLEY COMMUNICATIONS Lessee CENTER By: Lora Ueland B : •L Act- `' '4 N Its: Executive Director Ifs: i / fricot. APPROVED AS TO FORM: Law Department 511561v2 5 Lessee In-Building Radio Frequency Use Agreement VCAINCENTERYa 1 A NATIONALLY ACCREDITED COMMUNICATIONS CENTER King County/Valley Communications requires the following information to process your request to install a BDA/DAS to provide in-building Public Safety Radio System coverage (items 20 through 23 along with a frequency list will be supplied by King County): 1) Company and/or building name: City of Auburn Annex building 2) Address: 1 E Main Street,Auburn, WA 98002 3) Contact name/ phone: Colin Schmalz 253-804-5021 4) Email address: cschmalz@auburnwa.gov 5) Emergency contact name/ phone (24 hours/7 days) : Colin Schmalz 253-261-1601 6) Location of equipment in building: Data Center 7) Designed by (Company name/employee name): Bill Blais, Day Wireless 8) Installed by (Company name /employee name): Day Wireless 9) Tested by (Company name/employee name): Day Wireless 10) Provide system drawings(soft copy): Attached 11) Provide all system equipment documentation(soft copy): Attached 12) Make/model (soft copy): CommScope Node A (A4) 13) Antenna type (panel, yagi, etc.): Yagi 14) Antenna gain (dBd): 8.85 15) ERP to donor site (dBm): +20dBm 16) Antenna coordinates (NAD83): -2571052.0,6124866.6 (UTM NAD83 Zone 17N)/47.307752,- 122.229303 (Lat/Long) 17) Antenna height above ground (feet): 45 Ft. 18) Date of plan commission (first turned on): TBD upon approval from King County/Valley Comm. System Expect Completion before May 25, 2016 19) Projected Signal level at donor site (-dBm): -90dBm 20) Channelized (24 channels): 21) Donor site name: 22) Projected signal level from donor site (-dBm): 23) Antenna azimuth (degrees true): King County and ValleyCom require site measurement be done at the donor site and BDA/DAN site at the time of commissioning. the BDA/DAN system can't be in an operating state until this has been done. PHONE:253.372.1300 7 FAX:253.372.1305 WWW.VALLEYCOM.ORG 27519 108TH AVE SE KENT,WA 98030 eValIEYCOMMUNICATIONS CENTEA NATIONALLY ACCREDITED COMMUNICATIONS CENTER King County and ValleyCom reserve the right to change frequencies and donor site locations as its needs dictate. The applicant is responsible for all costs to modify the BDA/DAS system to conform. PHONE:253.372.1300 FAX:253.372.1305 WWW.VALLEYCOM.ORG 27519 108'AVE SE KENT,WA 98030 Valleyo9„COMMUNCATIONS CENTEA NATIONALLY ACCREDITED COMMUNICATIONS CENTER Exhibit A KC/VC Simulcast Uplink Downlink 806.0625 851.0625 806.0875 851.0875 806.1625 851.1625 806.3625 851.3625 806.5375 851.5375 806.6375 851.6375 806.8125 851.8125 806.9625 851.9625 807.1625 852.1625 807.2125 852.2125 807.2875 852.2875 807.4125 852.4125 807.8375 852.8375 807.8625 852.8625 808.4250 853.4250 808.4500 853.4500 809.0875 854.0875 809.2875 854.2875 810.4375 855.4375 810.5875 855.5875 811.6875 856.6875 811.7625 856.7625 811.8875 856.8875 812.0875 857.0875