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HomeMy WebLinkAbout2020-3009FCC Notification for Spectrum Manager Lease Ownership Disclosure Information and Spectrum Lease Agreement ("Agreement") .. --..--�.� This Agreement contains two parts: Part (1) is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC by Sensus on behalf of the Customer, coupled with Ownership Disclosure Information required for the FCC lease and Part (2) is a Spectrum Lease Agreement between Sensus as Lessor and Customer as Lessee. Together, these two parts create the Agreement. The number of pages in this Agreement is indicated below, and Customer represents that it has received, reviewed, and completed the entire Agreement. By their signatures below, the parties agree to the terms and conditions set forth in this Agreement. The parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year written below. Sensus USA Inc. & Sensus Spectrum, LLC (together, "Sensus") Sensus USA Inc. Signature: £L.Ofi"lt2U-- Name: David M. Alban Title: Associate General Counsel Date: 04/27/20 Sensus Spectrum, LLC Signature: fl_O/Yltal--- Name: David M. Alban Title: Associate General Counsel Date: 04/27/20 Customer: City of Columbia Heights Signature: tl-fi� Name: Title: - Joseph Kloiber Finance Director , J Date: r /..J.y /:;;i_o > Customer contact person for FCC filings: Name: Kelli Bourgeois Phone: 763-706-3600 Email: KBourgeois@.columbiaheightsmn.gov Customer FRN: Customer Tax ID: 41-6005069 sensus Page 1 of 6 Contract # 2020-3009 Part 1: Notification for Spectrum Manager Lease In order for Sensus to apply to the FCC on the Customer's behalf for a spectrum manager lease, Customer must complete the information below in boxes one (1) through ten (10) and certify via authorized signature. Customer's signature will indicate that Customer authorizes Sensus to file the spectrum manager lease notification on FCC Form 608 with the Customer as spectrum Lessee, and if Customer does not already have one, ownership disclosure information on FCC Form 602. Customer I Lessee Information Customer/Lessee Name: City of Columbia Heights Attention To: Utility Billing I Name of Real Party in Interest: Street Address: 590 40th Ave NE City:Columbia Heights State: MN I Zip: 55421 Phone:763-706-3600 Fax: I Email:ub@columbiaheightsmn.gov Is Customer contact information same as above? [8]Yes ONo (If No, complete box 2 below) Additional Customer/Lessee Contact Information Company Name: Attention To: Street Address: City: State: I Zip: Phone: Fax: I Email: Customer/Lessee is a(n) (Select one): Dlndividual I D Unincorporated Association I OT rust [8]Government Entity I OCorporation I D Limited Liability Company I OGeneral Partnership Dlimited Partnership I Dlimited Liability Partnership I OConsortlum I D Other FCC Form 602: FCC File Number of Customer's Form 602 Ownership Information: _____ If Customer has not filed a Form 602, Sensus will file one for Customer. Please complete questions 5, 6, and 7 below if Customer does not have a Form 602 on file. Customer must complete items 8, 9 and 10 irrespective of whether Customer has an ownership report on file. � I Customer Tax ID:41-6005069 Individual Contact For FCC Matters Please designate one individual (the Director of Public Works or similar person) who is responsible to the FCC for the operation of the FlexNet radio system. Name Kelli Bourgeois Title: City Manager Email: KBourgeois@columbiaheightsmn.gov I Phone: 763-706-3600 Page 2 of 6 Ownership Disclosure Information Customer/Lessee to list the names of the Mayor and all Council Members below, as well as verify citizenship and ownership interests in any entity regulated by the FCC. Such ownership must be disclosed where a mayor/council member owns 10% or more, directly or indirectly, or has operating control of any entity subject to FCC regulation. If any answer to Ownership question is Yes, or any answer to Citizenship question is No, provide an attachment with further explanation. US Citizen? Ownership Disclosure? Mayor: Donna Schmitt i:g]Yes ONo OYes i:g]No Council Member: John Murzyn, Jr i:g]Yes ONo OYes i:g]No Council Member: Robert A Williams i:g]Yes ONo DYes i:g]No Council Member: Connie Buesgens i:g]Yes ONo OYes i:g]No Council Member: Nick Novitsky i:g]Yes DNo DYes i:g]No Council Member: DYes DNo OYes DNo Council Member: OYes ONo OYes ONo Council Member: OYes ONo OYes ONo Council Member: DYes DNo OYes ONo Council Member: OYes ONo DYes DNo Alien Ownership Questions if the answer is Yes, provide an attachment explainin the circumstances 1)Is the Customer/Lessee a ·forei n overnment or the representative of any forei n overnment?OYes �No � Basic Qualification Information 1)Has the Customer or any party to this application had any FCC station authorization, license, or construction permit revoked or had any application for an initial, modification or renewal of FCC station authorization, license or construction permit denied by the Commission?OYes i:g]No 2)Has the Customer or any party to this filing, or any party directly or indirectly controlling the Customer OYes i:g]No or any party to this filing ever been convicted of a felony by any state or federal court? 3)Has any court finally adjudged the Customer or any party directly or indirectly controlling the Customer guilty of unlawfully monopolizing or attempting to unlawfully monopolize radio OYes i:g]No communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arranQement, or any other means or unfair methods of competition? � Customer/Lessee Certification Statements � 1) The Customer/Lessee aQrees that the Lease is not a sale or transfer of the license itself.i:g]Yes 2)The Customer/Lessee acknowledges that it is required to comply with the Commission's Rules and Regulations and other applicable law at all times, and if the Customer/Lessee fails to so comply, the i:g]Yes Lease may be revoked, cancelled, or terminated by either the Licensee or the Commission. 3)The Customer/Lessee certifies that neither it nor any other party to the Application/Notification is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C § 862, because of a conviction for possession or distribution of a controlled substance (See i:g]Yes Section 1.2002(b) of the rules, 47 CFR § 1.2002(b), for the definition of "party to the application" as used in this certification.) 4)The Customer/Lessee hereby accepts Commission oversight and enforcement consistent with the license and lease authorization. The Lessee acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission or the Licensee, allow the Commission or i:g]Yes the Licensee to conduct on-site inspections of transmission facilities, and suspend operations at the direction of the Commission or the Licensee and to the extent that such suspension of operation would be consistent with applicable Commission policies. Page 3 of 6 5)The Customer/Lessee acknowledges that in the event an authorization held by a Licensee that it has association with it a spectrum leasing arrangement that is the subject of this filing is revoked, cancelled, terminated, or otherwise ceases to be in effect, the Customer/Lessee will have no continuing authority �Yes to use the leased spectrum and will be required to terminate its operations no later than the date on which the Licensee ceases to have any authority to operate under the license, unless otherwise authorized by the Commission. 6)The Customer/Lessee agrees the Lease shall not be assigned to any entity that is not eligible or �Yes qualified to enter into a spectrum leasinq arranqement under the Commission's Rules and Requlations. 7)The Customer/Lessee waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous �Yes use of the same, whether by spectrum lease or otherwise. 8)The Customer/Lessee certifies that it is not in default on any payment for Commission licenses and �Yes that it is not delinquent on any non-tax debt owed to any federal aqency. The Customer/Lessee certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith. The Customer/Lessee shall notify Sensus in writing in the event any information supplied on this form changes. T P. d N ype or rmte ame o First Name: Kelli Title: arty ut orIze 0 1gn f P A h . d t s· I Ml: City Manager Signature: �¼,�� Last Name: I Suffix: Bourgeois Customer Name: City of Columbia Heights Date: '-\-!t\.\-�,c FAILURE TO SIGN 'm1S APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)) AND/OR FORFEITURE (U.S. Code Title 47, Section 503). Page 4 of 6 Part 2: SPECTRUM LEASE AGREEMENT Background A.Customer has bought or will buy or use FlexNet equipment manufactured by Sensus; B.Sensus is leasing spectrum to Customer to operate the FlexNet equipment; C.The spectrum that Sensus is leasing is authorized by Sensus' FCC License(s); and D.Sensus is leasing spectrum to Customer in the area where FlexNet equipment will be operated (the "Service Area"). Agreement A.Spectrum Lease. Sensus hereby grants to Customer and Customer accepts a spectrum manager lease ("Lease") over the frequencies of the FCC License and solely within Customer's Service Area. (The frequencies of the FCC License within Customer's geographic Service Area are called the "Leased Spectrum"). Customer shall pay the ongoing fees to either Sensus or Sensus' authorized distributor for the use of the Leased Spectrum, as directed by Sensus. B.FCC Forms. At the Federal Communications Commission (FCC), Sensus will; (1) obtain an FCC Registration Number (FRN) for Customer; (2) submit on behalf of Customer the FCC Form 602 Ownership Disclosure Information if Customer has not already done so; and (3) file a FCC Form 608, notification/application for long-term spectrum manager lease. This Lease becomes effective when the FCC accepts the FCC Form 608. C.Lease Application. In order to complete the FCC lease application, Customer will: i.Complete and sign the representations in Part 1 of this Agreement such that Customer demonstrates it qualifies for a spectrum lease under FCC rules. Customer's signature will indicate that Customer authorizes Sensus to; (1) obtain an FRN on behalf of Customer; (2) submit the FCC Form 602 Ownership Disclosure Information on behalf of Customer if Customer has not already done so; and (3) file the spectrum manager lease notification on FCC Form 608 with the Customer as spectrum lessee. ii.Give Sensus the coordinates of the boundaries of Customer's Service Area or, alternatively, approve Sensus' estimation of the same. iii.If Customer has not already done so; Customer hereby authorizes Sensus to apply on Customer's behalf and obtain for Customer a Federal Registration Number (FRN, the FCC's unique identifier for each licensee) and shall supply Sensus with Customer's Taxpayer Identification Number (TIN). iv.Provide any other information or other cooperation reasonably necessary for the Parties to perform as set forth herein. D.Permitted Use of Spectrum Lease. Customer may transmit or receive over the Leased Spectrum only in the Service Area and only using FlexNet equipment manufactured by Sensus and used in accordance with Sensus' specifications. Customer may use the Leased Spectrum only to read and direct meters in support of Customer's primary utility business or any other operation approved by Sensus in writing. Without limiting the foregoing, Customer is prohibited from reselling, subleasing or sublicensing the Leased Spectrum or from transmitting voice communications over the Leased Spectrum. E.Term of Spectrum Lease. Unless terminated earlier (because for example Customer stopped using the FlexNet equipment), this Lease will have the same term as the FCC license. If Customer is operating in compliance with this Agreement and Customer's underlying agreement with Sensus and is current on any payments owed to Sensus, when the FCC License renews, the Parties will apply to the FCC to renew this Lease. F.Termination of Spectrum Lease. The Lease will terminate: (a) two months after Customer stops transmitting with FlexNet equipment manufactured by Sensus; (b) upon termination, revocation or expiration of the FCC License; or (c) upon Customer's breach of this Agreement. G.FCC Compliance. The following FCC requirements apply i.Pursuant to 47 CFR 1.9040(a); (a)Customer must comply at all times with applicable FCC rules. This Agreement may be revoked by Sensus or the FCC if Customer fails to so comply; (b)If the FCC License is terminated, Customer has no continuing right to use the Leased Spectrum unless otherwise authorized by the FCC; (c)This Agreement is not an assignment, sale or other transfer of the FCC License; (d)This Agreement may not be assigned except upon written consent of Sensus, which consent may be withheld in its discretion; and (e)In any event, Sensus will not consent to an assignment that does not satisfy FCC rules. ii.Referencing 47 CFR 1.9010, Sensus retains de Jure and de facto control over the applicable radio facilities, including that, Page 5 of 6 (a)Sensus will be responsible for Customer's compliance with FCC policies and rules. Sensus represents and warrants that it has engineered the FlexNet equipment and accompanying software and other programs to comply with FCC rules. Customer will operate the FlexNet equipment subject to Sensus' supervision and control and solely in accordance with Sensus' specifications. Sensus retains the right to inspect Customer's radio operations hereunder and to terminate this Agreement or take any other necessary steps to resolve a violation of FCC rules, including to order Customer to cease transmission. Sensus will act as spectrum manager in assigning spectrum under the FCC License so as to avoid any harmful interference or other violation of FCC rules. Sensus will be responsible for resolving any interference complaints or other FCC rule violations that may arise; and (b)Sensus will file any necessary FCC forms or applications and Customer agrees reasonably to assist Sensus with such filing by providing any necessary information or other cooperation. Sensus will otherwise interact with the FCC with respect to this Agreement, the FCC License or FlexNet equipment. H.Interference. Customer agrees to report to Sensus promptly, and in no event later than 72 hours afterward, any incident related to the Leased Spectrum, including where Customer experiences harmful interference, receives a complaint or other notice of having caused harmful interference, or receives any type of communication from the FCC or other government agency regarding radio transmission. I.Limitation of Liability. Each parties' liability in any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively, "Causes of Action") shall be limited to direct damages. Neither party shall be liable for any indirect, incidental, special or consequential damages. This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. The limitations on liability set forth in this Agreement are fundamental inducements to both parties to enter into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give the maximum protection permitted under law. [Rest of this page intentionally left blank.] ### Page 6 of 6 sensus CUSTOMER INFORMATION FORM I.General Information (To be completed by Sensus Customer Service) Serial Number Sensus Internal Order Number Customer Number Project Code (if applicable) A.Sensus Sales or qualified Sensus channel partner completes this section and II.A. below and sends to Sensus Customer Service at icon.support@sensus.com Date: Customer Name: Shipping Address: Initial PO# to Sensus: Customer contact name: Customer contact email: Phone: Mobile: Fax: Billing address for Sensus invoices: 15800 W. 79th St. Eden Prairie, MN 55466 Sensus channel partner name & email: Core & Main, kirk.peterson@coreandmain.com Endpoint Quantities: Water: # 6706 Gas: # __ Electric: # __ DA: #_ HAN/DR: #_ Total: Type of billing system: ACS -shopping for replacement in the near term among industry leading offerings for mid-size governments. (E.g. Tyler Munis, Tyler Incode, B S&A, Civic Systems, etc.) Is billing system on Mainframe or PC: Mainframe -transitioning to PC Mainframe manufacturer and model: IBM i-series type 900941A If billing system is PC based, does it run on a network? Not yet Type of PC based Network: TBD Customer contact name/email/phone for the Sensus software: Customer-designated IT administrator: Aleksandr Chemin is@columbiaheightsmn.gov 763-706- 3638 Additional information required for AMR (walk-by/drive-by) customers Notes: 1.) AutoRead is designed for a stand-alone PC. Sensus does not guarant ee that AutoRead will work on a network. A stand alone PC worksta tion conn ecte d to a network may be used if network problems are encountered. 2.) Submittal must include a map of the proposed service territory in order to allocate necessary spectrum license. Please provide one of the follo wing when submitting purchase orders for new FlexNet walk­by or drive-by system: (a.) Digitized map of the service area (b.) Geo coded service locations (c.) Service addresses (include address and zip code (d.) Scann ed map marked with service territory boundaries (e.) All information must be sent electronically If vehicle Radio Read, list state(s) and county(s) coverage area: Minnesota Check Software module(s) purchased: Handheld TR: Handheld RR: Vehicle:_ Fixed-Base: PC Type: Dell Laptop PC Processor: Must be 200MHZ Pentium or better Operating System: Windows 10 sensus Laptop make and model for vehicle Radio Read customers: Click here to enter text. CD ROM: II.RNI Build Request-For Sensus Hosted Customers A.Sensus Sales or qualified channel partner completes this section, if applicable Customer Name I Project Code I Date Requested RNI Type Production Disaster Recovery Test QA Pilot - Sensus cust serv inputs - Location e.g. Rale igh/Boise/Toronto "N/A" if not applicable "N/A" if not applicable "N/ A" if not applicable "N/ A" if not applicable DA/ AMI/HAN-DR Flexware Version e.g. 2.2.2 or 3.0.1 Flexnet Home Ver. Date Required RNI ID B.Sensus Data Center Operations completes this section after receiving the form from Sensus Customer Service Stages Task specifications Resource Tar-get Date 1.Network preparation Sam/Travis/Victor 2.Server OS load Rick/Victor/Luda/Dmitrv 3.Load Flexware Jose/Yousof/William Server Details I RAM OS DB/ Additional #CPUs Type Software (Gb) -----·---- ------------- ·--·-·· ·--.. ---· Additional Comments: �lick here to ent�r text. ---sensus Sensus Network Ops Review and Approval {check here and forward):Click here to ente r texc. �COLUMBIA ey--HEIGHTS City of Columbia Heights I Finance Department 590 40th Avenue NE, Columbia Heights, MN 55421 • Ph: 763-706-3600 • www.columbiaheightsmn.gov To: Mayor and Council Members From: Jackie Zillmer, Assistant Finance Director RE: FCC License Agreement The City has begun to take steps to establish a FCC license agreement with Senses, the water meter reading system. As part of the application, I need to verify citizenship and ownership interest in any entity regulated by the FCC. Please answers the questions below and return as soon as possible. Name: __ C-=---o=--'.:........:...' ,__,_'\ .1.........::1 e_i_u_q_S___,�i-::--e �___,S:......__ __ Title: _ ____,_(__,_\--=-t-1-y __,_(=--0=--0Vl....:..=-C�____;�"'-----L-�---'-'-f.....;...�"'-"""��-- Are you a US Citizen? �es DNo Do you own 10% or more, direct or indirectly, or have operating control of an entity subject to FCC regulations? DYes �o If any answer to ownership is Yes, please explain further: Signature:_C? ""===----=i:���-T?'y/?�----- 6.coLUMBIJ\ �-HEIGHTS- City of Columbia Heights I Finance Department 590 40th Avenue NE, Columbia Heights, MN 55421 • Ph: 763-706-3600 • www.columbiaheightsmn.gov To: Mayor and Council Members From: Jackie Zillmer, Assistant Finance Director RE: FCC License Agreement The City has begun to take steps to establish a FCC license agreement with Senses, the water meter reading system. As part of the application, I need to verify citizenship and ownership interest in any entity regulated by the FCC. Please answers the questions below and return as soon as possible. Name:_ ....... a___..._(1_,_,r'\_,_,\'\'---f,.._ ____ --'&-.-C. __ M ........ \.._.t{-'--________ _ Title: __ �_G_o/_a�v _______________ _ Are you a US Citizen? �es DNo Do you own 10% or more, direct or indirectly, or have operating control of an entity subject to FCC regulations? DYes _c?No If any answer to ownership is Yes, please explain further: 6coLUMBI.I\ � -HEIGHTS- City of Columbia Heights I Finance Department 590 40th Avenue NE, Columbia Heights, MN 55421 • Ph: 763-706-3600 • www.columbiaheightsmn.gov To: Mayor and Council Members From: Jackie Zillmer, Assistant Finance Director RE: FCC License Agreement The City has begun to take steps to establish a FCC license agreement with Senses, the water meter reading system. As part of the application, I need to verify citizenship and ownership interest in any entity regulated by the FCC. Please answers the questions below and return as soon as possible. Name: t,f ic. k' Are you a US Citizen? >es DNo Do you own 10% or more, direct or indirectly, or have operating control of an entity subject to FCC regulations? DY�o If any answer to ownership is Yes, please explain further: Signatur�c___..,., h.coLUMBIA ey-HEIGHTS-- City of Columbia Heights I Finance Department 590 40th Avenue NE, Columbia Heights, MN 55421 • Ph: 763-706-3600 • www.columbiaheightsmn.gov To: Mayor and Council Members From: Jackie Zillmer, Assistant Finance Director RE: FCC License Agreement The City has begun to take steps to establish a FCC license agreement with Senses, the water meter reading system. As part of the application, I need to verify citizenship and ownership interest in any entity regulated by the FCC. Please answers the questions below and return as soon as possible. Name � "?� //- Title: __ C=--{_ry _____ ["""-'6'--u....._,-v_�_c_L _____ _ Are you a US Citizen? ;gives DNo Do you own 10% or more, direct or indirectly, or have operating control of an entity subject to FCC regulations? DYes �No If any answer to ownership is Yes, please explain further: Signature: �/ tJ� �COLUMBIA � ··HEIGHTS·· City of Columbia Heights I Finance Department 590 40th Avenue NE, Columbia Heights, MN 55421 • Ph: 763-706-3600 • www.columbiaheightsmn.gov To: Mayor and Council Members From: Jackie Zillmer, Assistant Finance Director RE: FCC License Agreement The City has begun to take steps to establish a FCC license agreement with Senses, the water meter reading system. As part of the application, I need to verify citizenship and ownership interest in any entity regulated by the FCC. Please answers the questions below and return as soon as possible. Title: Cou 1UC:C l Are you a US Citizen? ¥es ONo Do you own 10% or more, direct or indirectly, or have operating control of an entity subject to FCC regulations? OYes �� If any answer to ownership is Yes, please explain further: