File #: 13-0308    Name: Bryant Canyon Lease
Type: General Agenda Item Status: Passed
File created: 3/20/2013 In control: Board of Supervisors
On agenda: 4/9/2013 Final action: 4/9/2013
Title: Approve and authorize the Information Technology Department to exercise the first of the three five (5) year extension options of the existing Wireless Communications Site Lease Agreement for the period of June 1, 2013 through May 31, 2018.
Attachments: 1. Bryant Canyon Crown Castle Site Lease Agmt 6.24.2008, 2. Bryant Canyon Board Order 6.26.2008, 3. Completed Board Order, 4. Corrected Completed Board Order
Title
Approve and authorize the Information Technology Department to exercise the first of the three five (5) year extension options of the existing Wireless Communications Site Lease Agreement for the period of June 1, 2013 through May 31, 2018.
 
Body
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
 
Approve and authorize the Information Technology Department to exercise the extension option of the existing Wireless Communications Site Lease Agreement for the period of June 1, 2013 through May 31, 2018.
 
SUMMARY/DISCUSSION:
The existing Wireless Communications Site Lease Agreement (Agreement) was approved by the County Board of Supervisors on June 24, 2008.  The Agreement has an Extension option clause which provides for the Agreement to be "automatically be extended for three (3) additional five (5) year terms".  The Board approved the Agreement with non-county standard liability and indemnification provisions due to the fact that the radio communications equipment installed at this site helped to expand the radio communications coverage and connectivity for public safety agencies within south county as well as Emergency Communications.  In addition, the microwave equipment at this site provides access to the county telecommunications network and redundant data network at a reduced cost.  Some of the county departments in south county that benefit from the connectivity provided by the equipment located at Bryant Canyon are Health Department, Social Services, Ag Commissioner, Libraries, and District 3 Supervisor's Office.
 
The proximity of the Bryant Canyon radio communications site continues to be a key location providing coverage in this region of the county and the ability to exercise the extension clause in the Agreement ensures that there will be no interruption of service to negotiate a new Agreement.  It is not a standard practice for the County of Monterey to enter into Agreements with "auto extension" clauses, however, due to the critical need for the continuity of radio, phone, and data network services provided to the south county area for the public safety agencies and county departments, and it is the request of the Director of Information Technology to exercise the automatic extension options for the first of the five (5) year option extensions at this time. Due to the unique nature of the Agreement terms, the Director of Information Technology will bring this request back to the Board prior to each extension period to ensure that the Board is apprised of the continued occupancy of the radio, county phone, and data network equipment at the site.  
 
OTHER AGENCY INVOLVEMENT:
County Counsel, Risk, and Auditor/Controller's Office were involved in review of the Agreement in 2008 and did not approve due to the non-standard terms.  There have been no changes to the terms and conditions of the Agreement since the Board approval in 2008 for their review at this time, and performance under the Agreement has been positive to date.  
 
 
FINANCING:
The lease cost is paid on a yearly basis.  The funds for the lease cost were included in the FY 2012-13 Adopted Budget for the Information Technology Department, ITD 1930, Unit 8140, Appropriation Unit INF001.  The funds for the lease cost has been included in the FY 2013-14 Recommended Budget for the Information Technology Department, ITD 1930, Unit 8140, Appropriation Unit INF001.  Transactions relating to future fiscal years will be included in each respective Recommended Budget.  Should funding be reduced and/or terminated, the County may terminate this agreement by giving thirty (30) days written notice of such action to the Lessor.  
 
 
Prepared by: Sarah House, Management Analyst, 755-5108
 
Approved by:
 
__________________________________________
Dianah Neff, Director of Information Technology
 
Dated: April 9, 2013
 
Attachments: 2008 - Original Agreement
      2008 - Original Board Order