HomeMy WebLinkAbout2005-12-28 06-044 ORDERItem RAQ6 044
Date: 12-28-05
Item/Subject Order, Authorizing the City Manager W Dmcute a License Agreement With
Bangor Center Management Corporation Allowing the Installation of Wireless
Internet Routers on City Utility poles.
Responsible Department: lagal
This Order authorizes the City to execute a license agreement with BCC to allow the
installation of several wireless inte uct routers on City utility/light poles for the purpose
of making wireless internet (wifi) available in the downtown area. The equipment will be
provided by Sephone but owned by BCC- will access will require an account with
Sephone.
Deperonent Head
Manger's Comments:
The Government Operators Committee will be reviewing this order at its meeting on December 2r and a
recommendation should be available for the Council Meeting on December..2/�eJ. �p��
T� MJOQ L•
City Manager
Associated Information
Budget Approval:
Finance Director
Legal Approval:
Iry dmr
Introduced for
X passage
_ First Reading page _I_ of I
Referral
Asaignedro C«mcil«cmeve Decevber-28, 2005'
CITY OF BANGOR
(TITILE.) ORDER, Authorizing the City Manager W Execute a License Agreement with Bangor
Center Management Corporation Allowing the Installation of Wireless
Internet Resters on City Ut lity Poles.
ORDERED, THAT
the City Manager is hereby auModzed to execute a Ucense Agresti with Hangar Center
Management Cnmoradon M alba the Installation of wireless Internet routers (transmitters) on
several IightfudlRy poles in Me downtown area for the purpose of mating wm available in the
downtown area. A copy of the Ucarse Agreement Is attached hereto. The City Solidtor or
Assistant City Soli shall approve Me agreemenft final form,
I9 CITY COMCM
December 28. 2005
notion hale a" seconded
for P cadge
Pue
IT m
X 06-066
00.U88
(ML
[) Authorizing the City Mmager to
Yre emen[ with Bangor
Center llamgmeent Corporation Allowing
the not aC a teme
Routers, On City Utility Poles
mgi ,W bCouy,dl�or�pnSg6-cLI`4
V„,
06 044
THIS LICENSE AGREEMENT by and between the CITY OF BANGOR, a municipal
coryoration organized and existing under the laws of the State of Maine (hereinafter Nhe City's and
BANGOR CENTER MANAGEMENT CORPORATION, a mon profit corporation organized and
existing underthe laws ofthe State of Maine (hereinafter "Licensee"),
WITNESSETH:
WHEREAS, the City is the owner of three certain lighn'uniity poles Insured in or above certain
downtown Bangor dgMof--ways, more specifically described in Exhibit A, attached hereto and
mcoiporami oneln;
WHEREAS, the Licenses has entercd into an agreement to acquire More wireless intender
transmitters from Sephone Internet Solutions for Out purpose of providing wireless intima service to
downtown Bangor; and
WHEREAS, the City supports this effort m provide wireless informed service to downtown
Bangor;
NOW THEREFORE, the parties hereto hereby agree as follows
1. GRANT OF LICENSE - The City hereby grants w Licensce a license to place one
wireless imamet transmitter on each IighUutility pole identified in Exhibit A for the
purpose of providing wireless instruct services m the downtown Bangor arm, Licensee
Wei to relocate at its cost any or all of the transmitters to alternative Iighimutty poles
designated by fie City that outside similar coverage if the City, in its sole discretion,
determines Mat relocation is necessary.
II. TERM OF LICENSE — This License shall commence on January 1, 2006, and continue
unfil terminated by either pzmy, for any reawn, by giving thirty (30) day's written notice.
III. POWER SOURCE - The Licensee may access Me lighn'utildy poles' existing power
anturcess for the purpose of powering Me ttansmitttts at no charge; provided, however,
that Me City shall have the right to order immediate discontinuance of the use of Me
prominent in Me event said transmitter are found m interfere with Me function of Me
IighUutility poles. Licensee may use a DC power converter, if necessary.
IV. INDEMNIFICATION —The Licensce does hereby Por himself, his successors, his guests
and Invitees, fully and completely RELEASE and HOLD HARMLESS said City of
Bangor, ba inhabitants, officers, servnts, agents and employees from any and all claims,
demands and actions not Licensee, his monsoon, or third parties may have, on amount
of loss, damage or injury, including personal injury, Net are caused by use of the poles
or Weroion of the transmitters. The hold harmless prevision of this section further
ncludes losses caused by loss of power,whether or not adorn int, or damage to the
equipment from any cause. The indemnification provided under this paragraph shall
extend to and include any and all costs matured by Me City of Bangor to answer,
mvedigum, defend and settle all such claims, including but not limited 0 the City of
06 044
vinegars cost for attorney fees, expert or other winces fees, the cost of investigators, and
Payment in full of any and all judgments tendered in favor of any person, including
agents, servants or employers of Licensee against the City in regard to claims wising out
of this License.
V. CYFRER LAWS—Licences shall abide by any and all applicable local, state, and federal
laws in creating any site improvement on the City's property.
WITNESS the following signatures wrd seals thisday of 30
CITY OF BANGOR
By: Edward A.Beftett
Its: City Manager
LICENSEE -BANGOR CENTER
MANAGEMENT CORPORATION
By Purfse Clemente
Its: President