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 CITY COUNCIL AGENDA ITEM NO. 20



Meeting Date: March 26, 2002

Subject/Title: Authorization to lease space on the Downtown Water Tower

Submitted by: Dennis Beougher, City Attorney

Approved by: John Stevenson, City Manager



RECOMMENDATION 
Authorize the City Manager to sign the attached agreement with PointRed Technologies, Inc. AKA Wireless Dynamics, Inc. to lease space on the Downtown Water Tower for a period of 60 days to conduct a Beta Test on the development of a wireless data service to provide a new service to Brentwood residents.


PREVIOUS ACTION
On May 22, 2001 meeting approved PointRed to lease space on the Downtown Water Tower to conduct beta testing for its wireless data service for a period of up to 90 days. This agreement was never executed.


BACKGROUND
PointRed Technologies is requesting a short term use of space on the Downtown Water Tower for Beta testing of its wireless product. This would benefit the citizens of Brentwood and offer new technology to the area if the testing is positive.


PointRed Technologies, Inc.

Beta Trial Agreement 
Between the City of Brentwood, CA
PointRed Technologies, Inc. Sunnyvale, CA

The purpose of this agreement (“Agreement”) is to summarize our discussions relating to the principal terms and conditions of a proposed beta trial between the City of Brentwood (“City”) and PointRed Technologies, Inc. (“PointRed”) to (I) install and test a fixed wireless broadband hardware system for a pre-selected group of residents and small businesses, providing connectivity for said group at speeds that are higher than currently available for dial-up services, and (ii) for City to provide feedback on trial Products. 

1. PRODUCTS

(a) Equipment. PointRed will deliver and install up to 30 Customer Premise Units (CPEs) with the appropriate number of base stations to support this installation. PointRed will provide liability insurance for any PointRed installers.

(b) Ownership of Equipment. The equipment is owned by PointRed and unavailable for sale until such time that FCC approvals have been obtained. 

(c) Product Purchase. PointRed agrees to sell the installed product to City of Brentwood residents at a fair price at such time as it is legally able to do so (upon FCC approvals). PointRed will provide a free internet connection to City of Brentwood after the installation of 30 CPE to the residents of Brentwood.

(d) Training. PointRed will train any employees of the City that may require training for equipment and software installation, maintenance, operation and troubleshooting.

(e) Equipment Access and Placement. City agrees to provide “as needed” access to any PointRed equipment on City premises to the employees of PointRed during the trial period. City agrees to provide the use of one light pole or water tower for base station mounting and backhaul connectivity for the beta trial, so long as equipment or operation does not interfere with other antennae users’ operation of the water tower.

(f) Trial Period. The trial will commence from March 27, 2002 to May 26, 2002.

(g) Backhaul. PointRed will supply the backhaul and Internet connectivity during the trial period.

(h) Feedback. PointRed will submit beta questionnaires to city employees who are using the system for access. The questionnaire should be completed and returned, and employees should be available to answer other questions regarding system performance upon request.

2. SUPPORT 

(a) Support. In order to facilitate local support during the trial period, Computer Contraptions will provide customer support for the Pointred product during the hours of 8 a.m. to 6 p.m. Support outside of those hours will be handled on a callback basis. 

(b) Maintenance. PointRed agrees to maintain all units in good working order during the trial. Upon purchase, units are covered by a one-year return to factory warranty.

(c) Client Information. PointRed maintains that any information of individual users shall be treated as confidential and shall not be shared with parties other than the City, and only on a “need to know basis” during the trial period and any time thereafter. We will respond to subpoenas, court orders or legal process. 

3. MISCELLANEOUS

(a) Term. The term of the Agreement shall be as mutually agreed by the parties.

(b) Confidentiality. Each party agrees to not divulge the other party’s confidential information or to disclose the terms of this Agreement to any third party other than its attorneys, accountants, and other advisors. Any third party that obtains confidential information of the other party from a party shall have executed a written agreement restricting such third party from the use or disclosure of such confidential information.

(c) Governing Law. The laws of the State of California will govern this agreement.


If the foregoing accurately reflects our understanding, please so indicate by executing the enclosed copy of this letter and return it to the undersigned on or before 5:00 p.m. Pacific Standard Time on March 31, 2001

We look forward to further discussions with you about this relationship and we trust that this agreement provides the basis to do so. Please feel free to contact me if you have any questions.

Regards,


_______________________
Susan Lee, President
PointRed Technologies

Accepted:


CITY OF BRENTWOOD


By______________________

Its:

Date: ___________________