REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
May 19, 2020
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
LARRY AINSWORTH, Chief Information Officer, Information Services Department
SUBJECT
Title
Amendment No. 3 to Revenue License Agreement with Omnitrans for Rack and Antenna Tower Space at Skyland Peak in Crestline
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 3 to revenue License Agreement No. 05-324 with Omnitrans to extend the term of the license five years, for the period of June 1, 2020 through May 31, 2025 for rack space and antenna tower space at the County-controlled communication site at Skyland Peak in Crestline for total revenue in the amount of $84,530.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The total revenue to be received by the County during this five-year amendment is $84,530. Revenue received from this license will be deposited in the Rents budget (781000100). Annual revenue is as follows:
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Year |
Annual Revenue |
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June 1, 2020 - May 31, 2021 |
$16,906 |
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June 1, 2021 - May 31, 2022 |
$16,906 |
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June 1, 2022 - May 31, 2023 |
$16,906 |
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June 1, 2023 - May 31, 2024 |
$16,906 |
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June 1, 2024 - May 31, 2025 |
$16,906 |
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Total Revenue |
$84,530 |
BACKGROUND INFORMATION
The recommended action will amend an existing license agreement with Omnitrans by extending the license term five years, for the period of June 1, 2020 through May 31, 2025, for the continuing use of rack space, which includes antenna space and a data circuit, within the County-owned equipment shelter and antenna at the County-controlled communication site at Skyland Peak in Crestline.
The County leases the land at Skyland Peak from the United States Department of Agriculture-Forest Service (USFS) under the provisions of a twenty-year communications use Lease Agreement No. 97-82, approved by the Board on February 4, 1997 (Item No. 08), which expired December 31, 2016. The County applied for renewal of the agreement on June 21, 2016 and has continued to occupy the site and abide by the provisions of the lease with written permission of USFS while a new lease agreement is processed.
On May 3, 2005 (Item No. 82), the Board of Supervisors (Board) approved a five-year License Agreement No. 05-324 with two five-year options to extend the term of the license, with Omnitrans for radio equipment rack space, which included antenna tower space and a data circuit, at the County-controlled communication site at Skyland Peak. In the fifteen years since the license was originally approved, the Board has approved two amendments extending the term of the license for the period of June 1, 2010 to May 31, 2015, and again for the period of June 1, 2015 through May 31, 2020 and adding two additional five-year options to extend the term of the license.
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Amendment No. |
Approval Date |
Item No. |
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1 |
June 15, 2010 |
93 |
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2 |
May 19, 2015 |
59 |
On September 26, 2019, Omnitrans provided notice to the County of its intention to exercise the third of four options to extend the term of the license. RESD reviewed the provisions of the option and determined the terms of the license agreement required it be renewed under the same terms and provisions, including the rate. Given that Omnitrans was in good standing under the license, RESD prepared an amendment to extend the term for the renewal period of June 1, 2020 through May 31, 2025. Amendment No. 3 to License Agreement No. 05-324, provides for the continued use by Omnitrans of rack space, which includes antenna space and a data circuit, within the County-owned equipment shelter and antenna tower, at the County-controlled communication site at Skyland Peak in Crestline, for the period of June 1, 2020 through May 31, 2025, provided that if the USFS lease is not renewed, the license with Omnitrans shall simultaneously terminate.
Staff has reviewed the recommended action pursuant to the California Environmental Quality Act (CEQA) and has determined that it does not constitute a project. Accordingly, no further action is required under CEQA.
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Summary of License Terms |
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Licensee: |
Omnitrans ( Erin Rogers, Interim CEO/General Manager) |
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Location: |
Skyland Peak Communication Site, Crestline |
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Size: |
Four radio equipment racks, antenna space and a data circuit |
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Term: |
Five years commencing June 1, 2020 |
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Options: |
None |
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Rent: |
Revenue per year per rack: $4,226.50 |
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Monthly: N/A |
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Annual: $16,906 |
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*Low-range for comparable facilities in the Crestline area per the competitive set analysis on file with RESD |
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Annual Increases: |
None |
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Improvement Costs: |
None |
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Maintenance: |
Provided by Licensee for its radio equipment and antennas; Provided by County for the equipment shelter and site. |
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Utilities: |
Provided by County |
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Insurance: |
The Certificate of Liability Insurance, as required by the license, is on file with RESD |
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Right to Terminate: |
Unless the USFS lease is earlier terminated, either party may terminate with 60-days’ notice |
PROCUREMENT
Not Applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel and Bonnie Uphold, Deputy County Counsel, 387-5455) on April 28, 2020; ISD (Tim Trager, Chief, Public Safety Communications Division, 388-5563) on April 24, 2020; Purchasing Department (Michelle Churchill, Buyer III, 387-2070) on April 24, 2020; Finance (Joon Cho, Administrative Analyst, 387-5402 and Wen Mai, Principal Administrative Analyst, 387-4020) on April 30, 2020; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on May 4, 2020.
(KB: 677-7961)