CCR1996109/AMENDED \ .G'
COMMON COUN~IL----C-ITY-OF~USKEGO
RESOLUTION #log-96
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND
RALPH E. EVANS, P.E. dba EVANS ASSOCIATES
(Consulting Services - Cellular Facilities)
WHEREAS, the City of Muskego is interested in retaining the
consulting services of Ralph E. Evans, P.E. concerning the
and Sprint Spectrum L.P.; and
cellular facilities plan for the City as proposed by PCS PrimeCo
WHEREAS, the City would enter into a Municipal Agreement with
Ralph E. Evans, as attached; and
WHEREAS, PCS PrimeCo and Sprint Spectrum L.P. have agreed to pay
the fees for the consulting services as outlined in the attached
Letter of Intent; and
WHEREAS, the Finance Committee has recommended approval of the
Agreement and the Letter of Intent.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the attached Municipal Agreement
between the City of Muskego and Ralph E. Evans, P.E. subject to
PCS PrimeCo and Sprint Spectrum L.P. executing the Letter of
Intent, as amended, and City Attorney review.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to sign said documents in the name of the City.
DATED THIS 14th DAY OF MAY , 1996.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
Council of the City of Muskego.
Resolution #log-96 which was amended and adopted by the Common
5/96 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #log-96
(Consulting Services -
WHEREAS, the City of Muskego is
consulting services of Ralph E.
cellular facilities plan for the
WHEREAS, the City would enter
and Sprint Spectrum L.P.; and
Ralph E. Evans, as attached; and
WHEREAS, PCS PrimeCo and
the fees for the
Letter of Intent; and
WHEREAS, the
Agreement and the Letter of Intent.
NOW,
/
DATED THIS DAY OF , 1996.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #109-96 which was adopted by the Common Council of the
5/96 jmb
Clerk-Treasurer
Municipality Agreemen1
Agrcemcnr made this day of Rley, 1996 bet aecn thc City or Muskego,
(”hhicipdiry”), a Wisconsin municipal cqorntirrn, its principal ,Iffice at WI 82 S8200 Racine
Ave., Mukcgo, Wl53 150 and Ralph E. Evmr, P.E., DB.4 Evans Ass( ‘ciarcs (“Consultmt”). located
ar 210 South Main Skeet Thicnsvillc. Wisconsin 5332-1 905.
The municipality is interested in reraining [he consu1tin:g scmiccs uf Consultant, in
considcrarion of the promises contained in hs agreenltnt, tlx pwiw ayce as follows;
1. C~1u‘sliLTN~ SERVICES: Consdtnnt ogccs to provide consulting serviccs LO the
parties based upon the scope of sewices (wilh rntnxdly agreeal~le clartficetions) as set forth in
Appendix A /
2. DELNERABLES:
A. Consulut will pinvide a summicry of rhc. “Wirclcss Communications
Facilities Issues Papcr” dated December. 2995 prepared by tht San Dicgo hssocintion of
Governments, 401 I3 Strcct Suite 800. San Dieeo. California 92101 Consultant n.grser to prepare
o “SuInmary Document” which summllri~es rhe Issue6 in a concise, easy to understand munncr in
il document of not more than fifteen pages.
B. Consultant also agrees to provide a scpara~,: report containins ‘‘General
Guidelines” regarding municipal rcvicw and spprovai of wirulcss curnmunicarionr facilihx
will also provide scparatc h+:tten reports containing the
requirements on Appcndix
D. Municipalicy and Consulunr aeee to sliarc necessary infomration,
professional assistrurce, and support to one mother to assis1 Consukmt in completing this project
in a c11vcly nnnner.
3. CONSULTING FEES: Municipality agrees to pay con,;ulting fees including dl out-
of-pocket expenses to Consultant in the total amount of $2.200. Tlis includes the first location
submittcd to Municipdity for approval and complete advice nnd dl necessary meetings with
Municipality concerning all responsibiliries in this agreement. Consllltant will receive $1,000 for
providing rhe above listed services for each nddirional sire submitted ~OI’ approval.
A. Twenty perccnr (26%) payable upon cxccutior. of this agrccmenl.
B. Eighty percent (80%) payable when all of the items
in Appendix A plus the final "Summary Document" and "General
before May 21, 1996 and shall contain sufficient information to
Guidelines" as modified, are submitted to Municipality on or
assist the Planning Commission in making its decision; the
document submitted by June 26th shall contain supporting
documentation bound as a final document.
4. PFKqLTY: In the event Corrsulmt fails to deliver 1 he items in Appendix A on or
before the due dares in paragraph 3.B.: Municipality mayy, as n solc option, lcminare ~lre F;tlviceu
oi'rhe Consultant and will be liable only for the 20% clown payment a1 ready paid. Suc8h pcndty %ill
nul apply to delays cawed hy hctors bcyond the Consultmt's cc~ntrol, or if the deadli;l% fur
submittals uc cxtcnded by mutual agrccmcm.
5. GOVERNh'G LAW: This Agevncnt shall be yovcrnud by and conswued under dre
laws of the State of Wisconsin and cannot be changed unlesr rnodifit.:d in writing and si@ by all
the patties.
M mTSS THEREOF, the undersigned have caused this , igeemcnt to be executed and
have set their hds IO be effective as of the dare sct forth on this doc tuncnr.
Dzred at the Ci? ofMvInrkego, Wisconsin this - day ofMay, 19P5.
City of Muskego
By:
David Dehgel :s, Mayor -,
By:
Jc~ Marcnda, ( :lerk
FULPH E. EVANS, rx. DDA
EVANS ASSOCIATF.!:
FINAL REPORT
GENERAL SCOPE OF SERVICES:
1. Review the proposed cell site grid systems of Sprint Spectrum L.P and PCS PrimeCo to
determine iftheir proposed cell site needs can be accommodated efficiently through the use
of shared cell sites with each other or existing companies.
2. Inspect and review existing cell sites serving the municipality to determine if these existing
Cellular One and Ameritech facilities can be leased by Sprint Spectrum L.P or PCS
PrimeCo or other companies for proposed or future cell site needs.
3. Inspect and review existing public facilities - water towers, police/fire communication
towers, parks, that could potentially be used as sites to serve the municipality - to determine
if Sprint Spectrum L.P and PCS PrimeCo or future companies cell sites can be
accommodated at these public facilities.
4. Review the facilities proposed for Sprint Spectrum L.P and PCS PrimeCo cell sites - towers,
antenna and equipment buildings or areas, and underground wiring - to confirm that the
specifications of such facilities do not curtail or prevent the potential for other comDanies
to utilize said sites for their cell needs.
5. Provide a summary of the most current Federal laws which govern the installation and use
of cell sites.
6. Provide an estimate of additional companies that may be licensed to operate cell systems in
the municipality over the next ten years.
7 Provide an information document and final report relative to health considerations.
APPENDIX A
May 6,1996
David DeAngelis, Mayor
City of Muskego
W182 S8200 Racine Ave,
Muskego, WI 53 150
Dear Mayor DeAngelis:
We have communicated with Ralph Evans (“Consultant”) relative to the utilization of his
services as a consultant concerning the cellular wireless facilities plan for the City (“Municipality”).
We recognize Municipality will need the consulting services of Consultant. We also recognize that
independent consulting services in this matter will provide the basis for a sensible plan to manage
the development of cellular wireless facilities in Municipality.
Consequently, we agree to reimburse Municipality for consulting fees (including all out-of-
pocket expenses) to Consultant not to exceed a mutually agreeable amount which will be paid one
half each by our firms. The fees shall be paid in accordance with the schedule provided in the
agreement between Municipality and Consultant.
We will also continue to cooperate fully with Consultant and provide him with all the
necessary information for him to accomplish his responsibilities in the agreement between
Municipality and Consultant. We understand Consultant will provide us with confidentiality and
nondisclosure protection in writing concerning our confidential proprietary information including
but not limited to, the engineering and business plans of PCS PrirneCo and Sprint Spectrum L.P
We are interested in building and maintaining a positive and harmonious relationship with
Municipality and all of its residents. We also have a compelling corporate objective of working
diligently to develop a cellular wireless network in the Municipality and throughout Waukesha
County. Upon execution of this letter agreement, Sprint Spectrum L.P and PCS PrimeCo have the
right to conduct suitability tests at any proposed municipal site for placement of communication
equipment upon twenty four (24) hours notice to Municipality.
Municipality agrees to advise Sprint Spectrum L.P. and PCS PrimeCo as to the location of
any potential available PCS municipal sites within ten (10) days of signing this agreement.
Municipality and Sprint Spectrum L.P. and/or PCS PrimeCo shall immediately discuss the sites,
confer with Consultant, and finalize the standard PCS municipal lease providing the terms are
mutually acceptable. Sprint Spectrum L.P and/or PCS PrimeCo reserve the right to lease alternate
sites.
David DeAngelis, Mayor
Page 2
0 May 6,1996
The agreement between Municipality and Consultant provides for completion of the
deliverables to us by a set date, Penalties are provided in the event of failure to deliver on time. If
Consultant is more than five days late, in completion of deliverables, Municipality has the right to
cancel the agreement. Municipality will cancel if we have a substitute Consultant and request
cancellation.
As a part of this overall agreement, both PCS PrimeCo and Sprint Spectrum L.P would
submit the necessary applications for cellular wireless facilities at this time, during the study of
Consultant. Municipality would process these applications and prepare them for review by the
appropriate entity. Municipality will not conduct any public hearings on the applications until the
written ''general guidelines" regarding locating wireless facilities have been finalized by Consultant.
We feel this approach will accomplish the objectives of Municipality as well as PCS PrimeCo and
Sprint Spectrum L.P We appreciate the concerns of Municipality and appreciate your recognition
of our needs.
If the content of this letter meets with your approval, please sign two of the three enclosed
agreements and return to us. Thank you for your assistance and cooperation in this matter.
Sincerely,
a CITY OF MUSKEGO PCS PRIMECO LP
By: By:
David DeAngelis, Mayor Joseph Woods
SPRINT SPECTRUM L.P.
By:
Jean Marenda, Clerk BY:""""""
Anthony beck
cc: S. Todd Farris, Esq.
Charles C. Mulcahy, Esq.