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Resolution 15301CITY OF ALAMEDA RESOLUTION NO. 15301 AUTHORIZING THE CITY MANAGER TO: (1) EXCUTE A PROFESSIONAL SERVICES AGREEMENT AND A LICENSE AGREEMENT (THE "AGREEMENTS ") WITH XG COMMUNITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA 5 BARS COMMUNITIES ( "5 BARS ") EACH FOR A TERM OF FIVE YEARS WITH FOUR FIVE -YEAR EXTENSIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES CONSULTING, MARKETING AND MANAGEMENT AND SERVICES FOR CITY ASSETS IN EXCHANGE FOR A THIRTY -FIVE PERCENT (35 %) SHARE OF GENERATED REVENUE AND (2) EXECUTE AUXILIARY DOCUMENTS AND TO PERFORM ANY AND ALL ACTS NECESSARY OR DESIRABLE TO PERMIT 5 BARS TO PERFORM THE SERVICES WHEREAS, the use of wireless data communication is growing rapidly and the expectations of continuous data connectivity from residents, businesses, and visitors are on the rise in all segments of society; and WHEREAS, as Wireless carriers look to densify existing networks, it is estimated that the wireless industry will deploy hundreds of thousands of small cells in urban areas including on public infrastructure such as street lights, city buildings and traffic signal lights; and WHEREAS, some cities are turning to a public- private partnership model to provide a well- engineered and professionally managed approach to small cell deployment that maximizes the overall benefits to a city's diverse neighborhoods, businesses and telecommunication providers; and WHEREAS, some of the benefits of a public- private partnership are to: (i) maintain control of City owned assets and generate revenue for the City; (ii) lower visual impact and control aesthetics in the community; (iii) create a long -term solution for wireless connectivity; (iv) reduce visual blight in crowded areas; and (v) maximize the use of underutilized City assets; and WHEREAS, in February 2016, the City of Sacramento, through a Request for Qualifications (RFQ), invited interested parties to demonstrate their knowledge and expertise in the development of the City's wireless telecommunication infrastructure. 5 BARS was chosen as the most qualified responder bringing extensive industry knowledge and technical expertise to this process; and WHEREAS, 5 BARS has been awarded a national cooperative contract by the National Intergovernmental Purchasing Alliance; and WHEREAS, in exchange for the City granting an exclusive license to 5 BARS and a 35% share of revenue generated, 5 BARS will act as the City's third party wireless administrator who will manage the City's permitting process, coordinate with carriers for the planning, permitting, installation and ongoing maintenance of a seamless municipal wireless system and function as the City's expert technical resource for managing wireless services ( "Services "); and WHEREAS, the Professional Services Agreement may be terminated without cause by either party on ninety (90) days advance written notice, provided that any sublicense under the License Agreement would finish the balance of the then existing five year term; and WHEREAS, the City Manager or his /her designee will oversee 5 BARS' activities and have final approval of sites, pricing, permits and guidelines for wireless telecommunication facility applications in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, that the City Council authorizes the City Manager to execute the Professional Services Agreement with attached License Agreement and Right of Entry with 5 BARS; and BE IT FURTHER RESOLVED by the City Council of the City of Alameda, that the City Council hereby delegates to the City Manager the authority to execute auxiliary documents and to perform any and all acts necessary or desirable to consummate the transaction with 5 BARS to permit 5 BARS to perform the Services. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 5th day of September, 2017, by the following vote to wit: AYES: Councilmembers Ezzy Ashcraft, Matarrese, Vella and Mayor Spencer — 4. NOES: Councilmember Oddie - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of September, 2017. Lara Weisiger, City C M 1\ rk City of Alameda Janet. Kern, City torne y Atj City of Alameda