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Approve agreements with the City of Dixon and the City of Rio Vista for no-cost use of City-owned properties for County public safety radio communications tower sites for a ten-year term; and Authorize the County Administrator to execute the agreements and any subsequent amendments, with County Counsel concurrence, with no fiscal impact
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Information Technology (DoIT) recommends that the Board of Supervisors:
1. Approve agreements with the City of Dixon and the City of Rio Vista for no-cost use of City-owned properties for County public safety radio communications tower sites for a ten-year term; and
2. Authorize the County Administrator to execute the agreements and any subsequent amendments, with County Counsel concurrence, with no fiscal impact.
SUMMARY:
DoIT is requesting approval of agreements to support the County's public safety radio communications system by securing long-term site access for two County-owned radio communications facilities. The agreements will allow the County to construct, operate, and maintain new public safety radio communications tower sites on city owned properties in Dixon and Rio Vista.
Each site has been identified by the County as a suitable location for public safety radio communications infrastructure. Under the agreements, the County will be permitted to construct and operate County-owned communications facilities, including an approximately 200-foot radio communications tower, communications equipment shelter, emergency backup power generator, antennas, combiners, cabling, and related communications infrastructure and appurtenances. These improvements are intended to improve public safety communications coverage, reliability, and operational resiliency in the region.
The agreements are no-cost interagency arrangements and have been approved by the respective cities. Each city will lease the necessary premises to the County at no cost, and no rent or lease payments will be due from the County. Approval of these agreements will allow DoIT to proceed with the site control, design, permitting, and implementation steps necessary to improve the County's public safety radio communications system in Dixon, Rio Vista, and surrounding service areas.
FINANCIAL IMPACT:
There is no rent or lease payment due to the City of Dixon or the City of Rio Vista under the proposed agreements. Each city has agreed to waive city imposed permitting fees for the initial construction and installation of the County facilities.
Approval of the agreements does not award construction contracts or authorize expenditures. Any additional costs associated with design, permitting where fees are not waived or where non-city costs apply, environmental review or survey work, construction, installation, utilities, maintenance, insurance or self-insurance coverage, and eventual removal and restoration obligations will be addressed through DoIT’s budget and be brought forward for future approvals.
There is no impact to the County General Fund.
DISCUSSION:
The Dixon agreement is for use of a portion of City-owned property located at 1550 Fitzgerald Drive, Dixon, CA, Assessor Parcel Number (APN) 0115130310. The Rio Vista agreement is for use of a portion of City-owned property located at 11 Amador Circle, Rio Vista, CA, APN 0049310300.
The initial term of each agreement is ten years. Each agreement will automatically renew for three successive ten-year terms under the same conditions unless either party provides written notice of non-renewal at least twelve months before the end of the then-current term. Either party may terminate the agreement after the initial ten-year term by providing at least one year's prior written notice.
The County will own the communications facilities and any County-installed improvements. The County will be responsible for costs associated with design, permitting, construction, installation, utilities, maintenance, repair, upkeep, insurance or self-insurance, and eventual removal and restoration obligations. Each city will retain ownership of its real property and any city owned facilities or improvements at the site. No third-party users or non-County equipment will be permitted except as expressly allowed by the agreements.
The County will be responsible for obtaining all required permits, approvals, inspections, and compliance with applicable zoning, building, and regulatory requirements. Each city will cooperate with the County to process necessary approvals expeditiously and will waive city-imposed permitting fees for the initial construction and installation of the County facilities.
The agreements include mutual indemnification provisions and insurance requirements. Each party is responsible for claims arising from its own use, ownership, maintenance, activities, or operations, except to the extent caused by the other party's sole active negligence or willful misconduct. Each party must maintain insurance or self-insurance coverage against claims for injuries to persons or damage to property arising from or connected with the site and facilities.
ALTERNATIVES:
The Board may choose not to approve one or both agreements; however, this is not recommended because it would delay or prevent the County from securing the site control necessary to proceed with public safety radio communications improvements at the identified locations. The County would need to identify alternative sites, negotiate new agreements, and potentially incur additional cost, delay, or coverage limitations.
The Board may also direct staff to renegotiate specific provisions; however, this is not recommended unless the Board identifies material concerns, because the agreements provide no-cost premises use, long-term site control, city cooperation with permitting, and terms that allocate responsibilities between the County and each city.
OTHER AGENCY INVOLVEMENT:
DoIT coordinated this item with the County Administrator's Office, County Counsel, Risk Management, the Real Estate Division of General Services, the City of Dixon, the City of Rio Vista, and public safety communications stakeholders.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION