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