The URL can be used to link to this page

Home My WebLink AboutAgreement - Kramer, Ceilley & Associates, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Mr. Bernie Ceilley Kramer, Ceilley and Associates, Inc. d/b/a Michiana Wireless 746 Arnold St. South Bend, IN 46619-3806 PHONE 574/235-9251 FAX 574/235-9171 RE: Agreement — Installation of Receiver and Transmitter on Tower at Fire Station No. 3 in exchange for No Cost, Secured Internet Access for Fire Station Dear Mr. Ceilley: The Board of Public Works, at its meeting held on September 13, 2016, approved the above referenced agreement. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk / Enclosure c: Todd Skwarcan, Fire Department Steven Cox, Fire Department GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK TAMES A. MUELLER THERESE J. DORAU LEASE AGREEMENT This Lease Agreement ("Agreement") is made and entered into this 28`h day of June, 2016, by and between Kramer, Ceilley, and Associates, Inc. d.b.a. Michiana Wireless ("MW") and the City of South Bend, Indiana, ("City") acting by and through its Board of Public Works ("Board") for the benefit of the City's Fire Department ("SBFD"). Whereas, MW is a wireless internet provider; Whereas, SBFD Station # 3 is in need of wireless internet in order to more efficiently perform its duties to the City as well as to create a more enjoyable living environment; Whereas, Indiana Code 36-1-11-3(c) permits the City to lease real property to a private party without the approval of the fiscal body as long as the annual rental payment is less than $25,000.00 Whereas, MW and the City wish to collaborate in providing high speed internet access for the professional and personal use of all firefighters at Station #3 and secure access to the City's wireless network; Now Therefore, in consideration of the parties' mutual covenants and undertakings and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. SBFD Station # 3 will allow MW to install a receiver and transmitter on the station's tower at no cost. The receiver and transmitter shall provide high speed internet access to SBFD firefighters and to the surrounding neighborhood. 2. For the City's and SBFD's cooperation, MW will provide secured internet access at SBFD Station # 3 at no cost to the City. Terms of the agreement 1. The term of this agreement shall be for (3) three years beginning and shall only be renewable upon the written approval of both the City, or its designee and MW. This agreement may be cancelled by either party on thirty (30) day notice. 2. At all times throughout the term of this Agreement, MW shall maintain ownership over any equipment MW installs at SBFD # 3. 3. MW will, during the term of this Agreement and any extension thereof, have the right of ingress and egress for the limited purpose of maintenance and repair. This right is further restricted to only authorized MW engineers or persons under MW's direct supervision. MW shall provide repair or provide maintenance upon twenty four hour (24) verbal notice of an interruption to service. 4. The installation, operation and maintenance of MW's equipment will in noway damage the tower structure or building. All equipment necessary for MW to provide secure wireless internet to SBFD # 3, including but not limited to, antennas, lines and base stations, will be installed in a workmanlike manner. 5. MW will not interfere in anyway with the radio or any other equipment which is necessary to the safe operation of SBFD # 3 during the installation, maintenance, or repair of any MW owned equipment installed on site. MW shall comply with all applicable rules and requirements of the FCC and all applicable electrical codes. 6. Electrical power to MW's equipment will be supplied by SBFD. 7. MW shall maintain liability and property damage insurance in connection with its operations and equipment located at SBFD # 3 or installed on the tower. MW will provide SBFD with proof of such insurance including a certificate of insurance if requested. 8. The City or SBFD may terminate this Agreement upon thirty (30) day notice for any reason. Should this Agreement be terminated under this Paragraph 8, it shall be MW's sole expense and responsibility to remove its equipment from SBFD Station # 3 in no less than ten (10) business days from notice of the termination. If the equipment remains beyond the ten (10) day removal period, it shall be deemed abandoned by MW and become the property of the City. 9. This Agreement shall be voided immediately should any MW equipment disrupt the safe operation of SBFD Station # 3. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. 11. This Agreement supersedes all other prior understandings, commitments, representations, negotiations, discussions, whether oral or written, express or implied between the parties hereto relating to the matters contemplated within this Agreement. Executed by the parties on the dates indicated below. CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS Gary A. Gilot, President ak u92 Elizabeth A. Maradik, Member James Mueller, Member David Relos, Member Therese Dorau, Member ATTEST: Kramer, Ceilley and Associates, Inc. Li da M. Martin, Clerk Joe Wine 1222 S Michigan St South Bend, IN 446601 Dear Joe, Enclosed are 2 (two) copies of the Lease Agreement for installing Wireless Internet service to SBFD #3. Please sign and return 1 (one) copy to; Michiana Wireless 746 Arnold St. We look forward to providing this service to you and your fellow fireman as soon as possible. Zni:eCe y, vim illey VP Michiana Wireless BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/22/16 BPW Date 9/13/16 Name Todd Skwarcan, Asst.Chief Department Fire Phone 9255 o Legal ® Attorney Name Michael Schmidt a Controller review is required for all Contracts $5,000.00 or more 07.2 o Controller ❑ and greater than one year in length per the City Purchasing ( n 0 COPolicy U) Purchasing ❑ Check the Aporooriate Item Tvne — Reoi fired for Alf Suhmicsfnn.c Agreement I ❑ Contract I ❑ Proposal ❑ Addendum ❑ Claim ❑ Bid Opening ❑ Bid Award ❑ Re . to Advertise ❑ Title Sheet ❑ Quote Open n ❑Quote Award ❑ Chq Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control esolution ❑ Other: Keauirea Intorrratlon Company or Vendor Name Michiana Wireless New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBEANBE Contractor ❑MBE ❑ WBE Project Name Project Number Funding Source Account No. Amount $ Terms of Contract Purpose/Description SBFD will allow Midwest Wireless to install a receiver and transmitter on the Station 3's tower. Midwest will provide secured internet access to SBFD Station 3 at no cost to the City. For Ghanoe Orders Onlv Amount of ❑ ❑ Increase Decrease $ $ Previous Amount 1 $ Current Percent of Change: % New Amount $ Total Percent of Change: % PO No. Copy Original ❑ ❑ Ulspersal Atter Approval Cox