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Home My WebLink About05095 - NEXTEL COMMUNICATIONS SERVICE AND EQUIPMENT FOR POLICE DEPARTMENT Pale 1 of 1 Cindy Berardi From: Randy Cobb Sent: Wednesday, July 30, 2008 9:51 AM To: Cindy Berardi Subject: RE: Nextel Communications Agr. Cindy, This was a one-time installation to improve the Nextel signal inside the PD building. The PD stopped using Nextel after 6 months due to poor reception throughout the city So I would say this contract is no longer in effect. Randy From: Cindy Berardi Sent: Tuesday, July 29, 2008 4:41 PM To: Randy Cobb Subject: Nextel Communications Agr. I sent Nextel a letter regarding insufficient insurance on A5095 for an "in-building service and equipment agreement"at the Police Department. Other than the phone call I received from them on 6/12 letting me know they are working on it, I've received nothing correcting the deficiencies. Is this contract still in effect? It appears to be, according to the documents in the file. I've attached the contract for your review. Thank you.ll Cind9 crardi DCPUT�&C Clcrk Of�,Gc of 1T11c 01-• Clerk Cik3 of f alm 5prinvgs r.O.P]ox 2743 ralm,5pringa5,CA 9z262 (760) 322-s355 Cindu.ncrardiL� 3Iin5 rin"5-ca.-ov 7/30/2008 N-: LJ U01111I IUl l Ul UUllb Palm Springs Police Department AGREEMENT#A5095 CM 5-10-05 ti MEMORANDUM 41 Po?, TO: Randy Cobb, Information Services Police Department FROM: ,1- I Kathie Hart, CIVIC Chief Deputy City Clerk DATE: June 29, 2005 SUBJECT: Nextel Communications—A5095 Attached is a fully executed copy of the above agreement. We have the original in our files. Let me know if you have any questions, ext. 8206 lkdh Attachment NEKTEL IN BUILDING SERVICE AND EQUIPMENT AGREEMENT ("AGREEMENT") Customer Name Palm Springs Police Department ("Customer') Address: 200 S Civic Drive City. Palm Springs State*: CA 92262 Phone:760 322 8396/Randy Cobb I T Director or 760-323-8109/Dora Equipment Installation Address(if different from Customer Address). *The following determines the Nextel contracting party to this Agreement If CT,DC, DE, MA,MD, ME,NH, PA(except Pittsburgh metro area),RI,VA VT and southern NJ:Nextel Communications of the Mid-Atlantic, Inc. If CA or NV,Nextel of California,Inc.If NY or Northern NJ, Nextel of New York, Inc. If PR,Nextel of Puerto Pico, Inc. If Texas,Nextel of Texas,Inc. If AL,AR, FL,GA,LA,MS, NC,SC, TN, Nextel South Corp If AZ, CO, HI, ID, IL, IN,IA,KS,KY,MI,MN, MO, MT,NE, NM,ND, OH,OK,OR, SD, UT,WA,WV,WI,WY,and Pittsburgh,PA metro area, Nextel West Corp ("Nextel"). General description of equipment to be installed: Fees: Installation,cabling and other non-recurring costs: " ` ° `✓-, i-'- BDA indoor antennas outdoor antenna cabling and ancillary hardware 9 9 Monthly Use Fee.$ NC This Agreement supplements the terms and conditons in Customers current Service/SubscrmberlBlanket Ordering Agreement(referred to as the"Servme Agreement) In the event that Customer does not have a current Service Agreement with Nextel,Customers use of NeMel's service and equipment is governed by the terms and conditions set forth on wmw Nextel continence as of the date of this Agreement,and this Agreement shall sc atomerple terminatose e ms this s AgreementTsetersa and co conditions with Section updated belowm time to time It is Customers responsibility to check the webslte and www Nextel.comtterms from time to time if customer does not accept any changes to the terms and conditions, y I LICENSE/USE OF SPACE Customer hereby grants to Nextel, a non-transferable (except to Nodd's affiliated companies warranty or covenant made by Customer is false,incorrect or untrue in any material respect,Customer shall be in default undE providing Service)and non-exclusive limited license to install,maintain and operate certain wireless communications equipment this Agreement In event of a breach,Nextel shall have all of the rights set forth in the"Nan-PaymentlBresch"sechon the Servic Q'Equipmenr'as defuse herein)at the location described in Section 3("Premises')below, Nextel understands and agrees that Agreement In addition,Nextel shall have the right to enter the Premises and remove and take possession of the Equipment an the right to use Customers Premises Is a limited license and is not intended to convey any real estate interest in and to the Nextel may pursue any other remedies available to Nextel under the UCC or any other law Premises, and Nextel shall use the Premises solely and exclusively for the mstzllaton, maintenance and operation of the 6 CUSTOMER REPRESENTATIONS AND WARRANTIES If Customer does not own the Premises, Customer represents an Equipment warrants that Customer has obtained all necessary permission d/or, consent an approvalssnecessary for the installation an 2 EQUIPMENT Legal title to the bi-directional amplifier("BDA')and any and all ancillary equipment associated with the BOA operation of the Equipment Customer represents and warrants to Nextel with regard to this Agreement that the Sabi (collectively the"Equipment)shall at all times vest in Nextel The Equipment includes,but is not limited to,the BOA and all delivery and performance of this Agreement have been duly authorized by all necessary action on the part of Customer,that thi antenna,cables(coaxial and otherwise)and coaxial connectors installed by Nextel on Customers Premises Customers interest Agreement constitutes a valid and binding obligation of Customer enforceable against Customer T accordance with is terms an in the Equipment shall be limited to its possession and use,Customer shall protect,indemnify and defend Nextel's legal title and that the individual executing this Agreementon behalf of Customer is duly authorimd shall keep the Equipment free and clear of any lien or encunbi rue Customer shall have the right to quiet en,oymem of the Equipment during the term of this Agreement so long as no default has occurred,and provided that Customer shall not have the 7 INSURANCE Nextel,prior to the Installation of the Equipment,shall obtain and maintain the insurance coverage specified herei right to remove or tamper with the Equipment to protect it and Customer and shall provide Customer with certificates of such insurance,which shall be subject to the ressonabl approval of the Customer (a)Workers'Compensation Insurance in accordance with the laws of the State where the Premise 3 PREMISES_The Equipment shall be installed at the Equipment Installation Address above(the"Premises') Customer agrees are located or any other applicable prediction, and(b)General Liability Insurance(Broad Form Liability Endorsement) on a the Premises must meet Nextel's minimum requirements, including site preparahon and the availability of adequate telephone occurrence basis with a minimum combined single limit for Personal Idury, Property Loss and Damage, Contractual an Service and powersource,in order for Nextel to install the Equipment Customer hereby grants Nextel access to the Premises for Independent Contractor of not less than One Million Dollars (61 000,00000), (c) Business Automobile Liability Insurance wit the purpose of installing, repairing, ervicin maintaining and removing the Equipment twen four 24 hours a day,seven combined Single Limit Liability of not less than One Million Dollars($1,0000W 00) This coverage is to include owned,hired and nor P P er P ,.Servicing, 9 9intent O Y. he days a week Customer agrees to give Nextel at least ninety quip days written notice of Iry intent to vacate the Premises,after owned automobiles The policies for the insurance that General ans an insurance coverage shall be primary and nonoonred T r which Nextel shall have the right at anytime to remove the Equipment from the Premises Nextel shall have h obligation to to any similar insurance and/or self-insurance that Nextel maintains and shall name the Customer as gi additional msuretl Th install,operate it maintain the Equipment in o Customers new facility na Upon removal of the Equipment,Nextel shall restore the above-mentioned certificates shall be provided by the Nextel before the installation of theEquipment begins,and loss thathirty(3( Premises to then condition at the beginning of this Agreement,ordinary wear and tear excepted days of any renewal of the policies All of the aforesaid Pohaes shall provide that the Customer be given not less than ten(1[ days prior written notice of any m[entletl cancellation or material amendment or endorsement of said policies 4 SIGNAL INTERFERENCE- Customer acknowledges and agrees that the BOA Is subject to Federal Communications Commission ("FCC") regulations, and (I) may not cause harmful interference and (ii)must accept any interference including interference B TERM AND TERMINATION The term of this Agreement is one(ij year from the date of Customers signature hereof,and olio received that may cause undred operation In the event that the BOA causes or Is alleged to cause interference to Nei automatically renew in one(1)year increments unless and raft this Agreement is terminated in accordance with this Section t s system or the systems of third parties, upon written notice of such interference or alleged interference, Customer agrees that This Agreement may be terminated as follows (a) out upon the termination or expiration of the Service Agreement(t Nextel shall have the right to discontinue operation of the FDA until such interference Is corrected or eliminated After ceasing immediately by Nextel upon written archaic d Customer fails to cure a breach of its obligations under this daysAgre waternt notice, thin operation of the BOA,Customer acknowledges that Nextel shall only operate the BOA in order to correct such interference,in (30)days of the delivery of written notice, (c)by either party for any reason or no reason upon sixty(60)days written notice,(c accordance with FCC regulations, until such time that the interference is corrected or eliminated In the event any such immediately by Nextel upon receipt of written notice from Customer ratifying Nextal that Customer Is vacant,the Promises,(a interference cannot be corrected or eliminated,Nextel shall remove the BOA from Customers premises,and this Agreement shall Immediately by Nextel upon written notice if the BOA causes incurable signal interference as set forth in Section 4 of thi immediately terminate Agreement The Service Agreement shall continue in full force and effect in the event this Agreement terminates before th expiration or termination of the Service Agreement Nextel shall remove the Equipment wthm sixty(60)days of the termination a 5 BREACH In the event that Customer fails to perform any other obligation under this Agreement,or becomes insolvent,assigns expiration of this Agreement its assets for the benefit of creditors or enters (voluntarily or involuntarily) a bankruptcy proceeding, or any representaton, t ATTEST: n�eiu�n ^,. �" Date: May 10, 2005 Customer Slgnatu '"- - _ 59 C. e Printed Name ��``11 // Nextel Signature: Date: �� 5oc �0S q V Printed Name: LC � Version 4.0 fo,l3(0`j 1� Candou Communications, Inc. Date: 04-06-2005 11892 Cardinal Circle Nextel BDA Garden Grove, Ca. 92843 Customer : Palm Springs P.D. 714.638.5411 200 S. Civic Drive Fax. 714.537.0140 Palm Spring, Ca. 92562 Location : Ground Level F To 2:1 Splitter in Basement �i Conf. Investigations Dark Room Property Omni Vice & Ant# 5 I.D. Nares. TechsEvidence Srgt. N U 0�ru X 60' Leiut. � � Srgt. Conf. Traffic Chief 60 ��de rn m o W D BDA i301 — n Data 01n ptn 0 i Room by 30' QQ 1 7Dispatch Area CptnOmni p i � 7 7� Ant# 4 Cptn. Srgt-H . La Public Omni Info Lobby Ant# 3 140' Work Spvsr. Room a 1 10 dB Yagi on S.E. tj corner of roof/413-6/ CA6070-3/ 165 deg. Azimuth Coverage Panel 3DA Coverage antenna I . Omni Antenna Donor antenna Donorantenna Coupler/ feedlineedline ..... Splitter Candou Communications, Inc. Date: 04-06-2005 11892 Cardinal Circle Nextel BDA Garden Grove, Ca. 92843 Customer : Palm Springs P.D. 714.638.5411 200 S. Civic Drive Fax. 714,537.0140 Palm Spring, Ca. 92562 Location : Basement Level c Future 0 Expansion Co Men's u_ Q Lockers Lu Kitchen AJX. Omni Women's Lockers Units Anti 2 Briefing o ,t s Elec. Officer's Pump quiptment Room �Fj40' Vault 80, ---- ----------_- :{From 6dB coupler'! in Data Room on Omni Ground Level Ant# 1 Unfinished Shell Coverage Panel BDA Coverage _ antenna I e Omni Antenna Donor antenna Donor antenna __ Coupler/ —nI .T feedline ��e Splter MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER CLE-001373552-01 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1255 23RD STREET N.W POLICY THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE SUITE 400 AFFORDED BY THE POLICIES DESCRIBED HEREIN. WASHINGTON D.C.20037 COMPANIES AFFORDING COVERAGE Attn:HYON FAX:2129480502 EMAIL:NEXTEL.CERTS@MARSH.COM COMPANY 15780-ALL--05-06 ML ALL CLIE A STEADFAST INSURANCE COMPANY INSURED COMPANY NEXTEL COMMUNICATIONS,INC. B ZURICH AMERICAN INSURANCE COMPANY 2001 EDMUND HALLEY DRIVE RESTON,VA 20191-3421 COMPANY C NATIONAL UNION FIRE INSURANCE COMPANY(AIG) COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate forthe policy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) A GENERAL LIABILITY GL02984461-02 04/01/05 04/01/06 GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY GL02984462-02 04/01/05 04/01/06 PRODUCTS-COMPIOP AGO $ 2,000,000 CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Anyone fire) $ 250,000 MED ERE(Anyone person) $ 10,000 B AUTOMOBILE LIABILITY BAP 2984147-04(AIDS) 04/01/05 04/01/06 COMBINED SINGLE LIMIT $ 2,969,699 B X ANY AUTO MA 2984148-04(MA) 04/01/05 04/01/06 B ALL OWNED AUTOS TAP 2984149-04(TX) 04/01/05 04/01/06 BODILY NJURY $ SCHEDULED AUTOS (Per person) AIRED AUTOS BODILY INJURY $ _ NON-OWNED AUTOS (Per acmdent) X AIRAGEKEEPER'S LIABILI PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACHACCIDENT $ AGGREGATE $ C EXCESS LIABILITY BE2979860 04/01/05 04/01/06 EACH OCCURRENCE $ 1,00Q000 X UMBRELLA FORM AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND WC 2984144-04 RETRO WGSTATU- OTH- EMPLOYERS'LIABILITY ( ) 04/01/05 04/O7/06 X TORY LIMITS ER B WC 2984145-04(DED) 04/01/05 04/01/06 EL EACH ACCIDENT $ 1,00ox0 THE PROPRIETORI X INOL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXECUTIVE OFFICEP,SARE. EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILO CATION SIVEHICLESIS P EC IA L ITEMS PALM SPRINGS POLICE DEPARTMENT IS INCLUDED AS ADDITIONAL INSURED(EXCEPT FOR WORKERS'COMPENSATION),AS REQUIRED BY LEASE OR CONTRACTUAL AGREEMENT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL__$N, DAYS WRITTEN NOTICE TO THE PALM SPRINGS POLICE DEPARTMENT CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN. RANDY COBB,I T DIRECTOR 200 S.CIVIC DRIVE LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE PALM SPRINGS,CA 92262 ISSUER OF THIS CERTIFICATE MARSH USA INC. BY Anita K Delarue - MM1(3102) VALID AS OF: 05/13/05 Y OF P�\Lvi SP4dI"i1�; 20P5 AiN 29 dlr9 8• 2 June 15, 2005 VIA Certified USPSMail City Clerk City of Palm Springs Box 2743 Patin Springs CA 92263 RE.: NEXTEL - BDA IN-BUILDING SEW 'ICE & EQUIPMENT AGREEMENTS Dear City Cleric: Enclosed please find: • Nextel Communications signed BDA In-Building agreement for the above address. • Nextel's Certificate of Insurance naming Palm Springs Police Department as a certificate holder, or liability insurance coverage for the pending installation. • Designs for your BDA project installation Once the equipment is here, we will contact you to arrange the installation. You may contact Ms. Say Lo at 714-368-3771 for inquiries relative to the installation schedule. If there are any questions or concerns, I can be contacted at (714) 368-3784 or Fax (714) 368-3545. Sincerely, �J Mary Lee - BSA Team Nextel Communications 310 Conuiierce Drive Irvine CA 90602 Copy: Randy Cobb /Dora Melanson, Director IT & Director Communications 200 S. Civic Dr., Palm Springs CA 92262 Enclosure (3) /lnhl Nextel Communications 310 Commerce Irvine,CA 92602 NMEL Phone 714.368.3500 Fax 714.368.3501