File #: 13-1134    Name: DMDC License
Type: General Agenda Item Status: Passed
File created: 10/22/2013 In control: Board of Supervisors
On agenda: 11/5/2013 Final action: 11/5/2013
Title: a. Ratify the October 1, 2013 execution of a Revocable License Agreement for Non-Federal Use of Real Property between the County of Monterey and the Secretary of the Army by the U.S. Army Engineer District, Sacramento, for the use of roof top space at the DoD Center located at Ord Military Community for public safety communications for a term of 5 years; b. Authorize payment of power costs as invoiced by DMDC as specified in the Agreement; and c. Authorize the Contracts / Purchasing Officer to sign amendments to this agreement where the total amendments do not result in additional cost to the County or significantly change the scope of the Agreement.
Attachments: 1. Revocable License for Non-Federal Use of Real Property.pdf, 2. Completed Board Order
Title
a. Ratify the October 1, 2013 execution of a Revocable License Agreement for Non-Federal Use of Real Property between the County of Monterey and the Secretary of the Army by the U.S. Army Engineer District, Sacramento, for the use of roof top space at the DoD Center located at Ord Military Community for public safety communications for a term of 5 years;
b. Authorize payment of power costs as invoiced by DMDC as specified in the Agreement; and
c. Authorize the Contracts / Purchasing Officer to sign amendments to this agreement where the total amendments do not result in additional cost to the County or significantly change the scope of the Agreement.   
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a.      Ratify the October 1, 2013 execution of a Revocable License Agreement for Non-Federal Use of Real Property between the County of Monterey and the Secretary of the Army by the U.S. Army Engineer District, Sacramento, for the use of roof top space at the DoD Center located at Ord Military Community for public safety communications;
b.      Authorize payment of power costs as invoiced as specified in the Agreement; and
c.      Authorize the Contracts / Purchasing Officer to sign amendments to this agreement where the total amendments do not result in additional cost to the County or significantly change the scope of the Agreement.   
 
SUMMARY/DISCUSSION:
The Department of Emergency Communications has been collaborating with the U.S. Army Engineer District, Sacramento to use roof top space at an existing radio communications site on the Defense Manpower Data Center building at Ord Military Community.  This site will ultimately form part of the NGEN Radio System.  This system will be installed by Harris Corporation as part of the Radio System Purchase Agreement between the County of Monterey and Harris Corporation that was approved by the Board on December 7, 2010.  Installation of equipment at this site is time critical to meet the construction and financing requirements of the NGEN system project. There will be no lease fees but the Department will install an electrical submeter and will be responsible for costs of power.  
Recognizing the County's urgent request to install radio equipment as part of the NGEN radio system, the Secretary of the Army has granted a lease of roof top space for a period of five years.  Considering the urgent need to move to this site and the public safety need, the Director of Emergency Communications, on behalf of the agencies participating in the
NGEN system recommends accepting the terms of the lease proposed by the Secretary of the Army.  
 
OTHER AGENCY INVOLVEMENT:
 
This Agreement has been approved by County Counsel as to form but County Counsel has notified the Department of concerns regarding lack of notice for revocation, potential for interference by future tenants, and environmental reporting responsibilities.  Risk Management has approved the indemnification and insurance provisions.  It is anticipated that the Department of Information Technology will provide ongoing support of the NGEN System.  The Department of Information Technology has reviewed this agreement and confirmed their ability to meet the requirements of this Agreement related to ongoing occupancy.  
 
FINANCING:
 
The Secretary of the Army has waived rental fees for this License.  The County will pay the cost of producing and/or supplying utilities and other services furnished by the facility owner. Costs to install the radio equipment will be paid from the NGEN Capital Project Fund (Fund 405, Appropriation Unit EME002).  Operations and Maintenance Costs including power costs for future budget years will be requested in the appropriate fiscal year budget for the appropriate department.  The County share of NGEN infrastructure, operations and maintenance costs are estimated at 30% of total, with outside agencies funding the remaining 70%.  
 
 
Prepared by:                              Date:
____________________________________________
DeAnna Hilbrants - Administrative Services Manager - x8883
 
Approved by:                               Date:
____________________________________________
William Harry -Director of Emergency Communications - x8880
 
Attachments:    Revocable License for Non-Federal Use of Real Property