LICENSE P-50341 RE IN-BUILDING - VERIZON.PDF
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Page 1 of 3, Verizon Wireless
IN-BUILDING AGREEMENT
MATTER #121719UR
This In-building Agreement (“Agreement”) between Cellco Partnership, a Delaware General Partnership doing business as Verizon
Wireless, on behalf of itself and its controlled and/or managed affiliates, (“Verizon Wireless”) and Maricopa County (“Customer”), governs
the installation, maintenance and operation by Verizon Wireless of an In-building coverage system for use with Verizon Wireless Service
pursuant to the Agreement.
1.
Definitions:
In-building Equipment: Radio distribution or regeneration equipment, including repeaters, amplifiers, base station equipment, antennas
and associated network devices, all provided by Verizon Wireless and installed in the Premises (as defined below) for use with Wireless
Service provided by Verizon Wireless. Except as provided below, references to Equipment throughout the Agreement shall include In-
building Equipment.
2.
Customer grants Verizon Wireless a License (“License”) during the Term of the Agreement, as it may be amended, to install,
maintain and operate In-building Equipment in the premises leased by Customer (“Premises”). The License may be terminated only as
provided in this Agreement. For purposes of this Agreement, “Term” shall be defined as that period of time when the Customer continues
to occupy the space which is the subject of this Agreement and continues to utilize Verizon Wireless services there in accordance with
the terms of this Agreement or Amendments thereto. This Agreement may be terminated pursuant to Arizona Revised Statute § 38-511,
the provisions of which are incorporated herein by this reference.
3.
Customer, upon reasonable notice from Verizon Wireless, will provide Verizon Wireless access to or use of the Premises, as
required by Verizon Wireless, for the installation and operation of In-building Equipment in accordance with local codes and the National
Electrical Code. Such facilities and services may include but are not limited to exterior or rooftop antenna placement, use of ducts, conduit,
cables and conductors and electrical power with suitable terminals and power surge protection devices and metallic grounds. If IBRD
solution is eFemto or Spider Cloud, Customer will also supply Ethernet backhaul or ISP Circuit with a minimum capacity of 20MB downlink
and 10MB uplink for eFemto or 300MB Circuit for SpiderCloud.
4.
Upon reasonable advance notice from Verizon Wireless, Verizon Wireless may require access to the Premises during
Customer’s business hours to install, operate, test, upgrade, maintain, add, replace and/or repair In-building Equipment, to test radio
frequency coverage or to investigate or remediate interference with Verizon Wireless’ network or services. Notwithstanding the foregoing,
Customer shall provide or arrange to provide prompt access to the Premises as requested by Verizon Wireless in emergency situations
when in Verizon Wireless’ opinion urgent action is required to protect against threats to the security, integrity or safety of, and/or to remedy
interference with, Verizon Wireless’ network or services. Customer may accompany Verizon Wireless during any access to the Premises,
and any access shall be in accordance with safety and other rules applicable to the Premises. Customer acknowledges that delays in
providing access to the Premises for emergency repairs, maintenance and/or interference mitigation may cause service interruptions.
Notice for access 24 hours a day, 7 days a week, shall be directed to the following: OET Helpdesk, (602) 506-7771 or
OET.Service@maricopa.gov.
5.
Verizon Wireless will deliver, install, test, operate, upgrade and maintain the In-building Equipment, either directly or using such
subcontractors as Verizon Wireless may select. If Customer is vacating all or part of the Premises, Customer shall give Verizon Wireless
thirty (30) days’ prior written notice. If Verizon Wireless, in its discretion, opts to remove the In-building Equipment from the Premises
being vacated, Customer shall make all arrangements with its landlord or with other tenants, if necessary, to permit Verizon Wireless to
remove the Equipment.
6.
Customer represents and warrants to the best of its knowledge that it leases the Premises or otherwise has the right to grant
the License and has obtained all required consents or approvals from the Arizona Department of Emergency and Military Affairs (“Property
Owner”) having an interest therein. If Customer has knowledge of any equipment (such as equipment that may be sensitive to RF signals),
wiring or other conditions on the Premises, it will so inform Verizon Wireless so that Verizon Wireless may determine whether such
equipment may be adversely affected by, or may adversely affect, installation or operation of the In-building Equipment. At its sole
discretion, Verizon Wireless may cease installation or operation of In-building Equipment until such time as Customer corrects any
condition that would be a breach of the above representations and warranties. Customer shall indemnify, defend and hold Verizon
Wireless harmless from any cost, claim, damage or liability (including but not limited to reasonable attorneys’ fees and costs) resulting
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from any breach of the representations and warranties in this paragraph.
7.
In consideration of the License, Customer receives the benefit of enhanced coverage provided by the In-building Equipment in
connection with Wireless Service provided under the Agreement. Unless otherwise agreed to in writing by Verizon Wireless, In-building
Equipment remains Verizon Wireless’ property and shall be operated and maintained solely by Verizon Wireless. Absent specific written
agreement from Verizon Wireless, In-building Equipment shall not become a fixture or a part of the real property where it is installed.
Customer shall so inform any current or future party with an interest in the real property.
8.
Verizon Wireless or its local affiliate is the exclusive FCC licensee of certain radio frequencies on which Verizon Wireless
provides service. If Verizon Wireless determines that any Customer equipment interferes with the In-building Equipment or with Verizon
Wireless’ network or services, then upon oral or written notice from Verizon Wireless, Customer shall disconnect or deactivate such
equipment until such interference is remedied. If Verizon Wireless determines in its sole discretion that interference caused by such
equipment cannot be otherwise remedied, Verizon Wireless shall have the right to remove its In-building Equipment.
9.
Upon written notice from Customer to Verizon Wireless requesting that In-building Equipment be installed at other Customer
locations, provided Verizon Wireless approves the request and determines that the requested solution may be governed by the terms
and conditions of this Agreement, Verizon Wireless shall append supplemental attachments to this Agreement in the form of Attachment
1 that will serve to identify such other locations. Such supplemental attachments shall (i) render the other locations described thereon
subject to the applicable terms and conditions of the Agreement, including the consideration set forth in the Agreement; (ii) be cumulative
and not intended to replace any previous attachments unless specifically stated therein; and (iii) will require that the parties execute a
new Agreement or re-execute this Agreement.
10.
Verizon Wireless and Customer agree that all equipment related to the IBRD installed by or on behalf of Verizon Wireless shall
be and remain the property of Verizon Wireless under all circumstances, under Verizon Wireless’ exclusive control.
Verizon Wireless shall maintain at its own expense during the term, commercial general liability insurance consistent with industry
standards.
11.
All notice herein required to be given to Verizon Wireless or Customer in writing shall be sent to the following:
Verizon Wireless
Customer
With a copy to
Verizon Wireless
Emergency Services Admin Bldg.
Maricopa County Real Estate Dept.
Attn: Marshall Herrin
Attn: Robert Rowley, Director
Attn: Director
5444 Westheimer Rd. #2000
5630 E. McDowell Road
2801 W. Durango Street
Houston, TX 77056
Phoenix, AZ 85008
Phoenix, AZ 85009
12. Premises:
Physical Location for the In-building Equipment on Customer’s Premises
Address: 5630 E. McDowell Rd.
Floor/Room #, Rooftop (if applicable):
Emergency Services
City, State, Zip Code: Phoenix, AZ 85008
13.
This Agreement shall become effective when signed by both parties.
CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS
Maricopa County
Signature:
Signature: ”see next page”
Printed Name:
Amy Lloyd
Printed Name:
Title:
Director – Contract Management
Title:
Date:
Date:
Issue Date: 02/28/20
Expiration Date: 04/12/20
This offer will expire if not accepted, executed and returned to Verizon Wireless by the Expiration Date noted above.
Unauthorized changes will render this Agreement null and void.
Please return the executed document via email attachment to VZWPartnershipProposals@VerizonWireless.com
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Customer: Maricopa County
Property Owner Concurrence: Arizona Department
of Emergency and Military Affairs
__________________________________
Clint Hickman
___________________________________
Chairman of the Board of Supervisors
Signature
___________________________________
ATTEST:
Name, Title
Date
___________________________________
Clerk of the Board
Date
Approved as to Form:
____________________________________
Deputy County Attorney
Date