Title
Dept/ Agency: Administration/Office of Information Technology
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use and Occupancy Agreement
Purpose: To deploy, operate and maintain a wireless communications services on a public safety broadband network to enhance communication and data sharing ability for law enforcement, fire, and emergency medical service personnel.
Entity Name: State of New Jersey Office of Homeland Security and Preparedness
Entity Address: 1200 Negron Drive, Hamilton Township, New Jersey 08691
Contract Period: 5 Years
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( x ) n/a
Location of Property: (if applicable)
(Address/Block/Lot/Ward)
Under seal with the City Clerk
Additional Information:
body
WHEREAS, both the State and the City of Newark wish to make reliable, resilient, secure mobile broadband services available to State and local public safety personnel as soon as possible to further the purposes of Executive Order 5 (Corzine 2006) and N.J.S.A. A:9-65(c); and
WHEREAS, the Middle Class Tax Relief Act of 2012 (“Act”), Pub. L. No. 112-96 (2012), requires the First Responder Network Authority (“FirstNet”), an independent authority within the National Telecommunications and Information Administration (“NTIA”) of the U.S. Department of Commerce, to design, deploy, operate and maintain a nationwide public safety broadband network (“NPSBN”), including coverage in New Jersey; and
WHEREAS, a major challenge in the deployment of any wireless network is the identification and approval of sites for the installation or hosting of network equipment; and
WHEREAS, the State has entered a Spectrum Manager Lease Agreement (“SMLA”) with FirstNet authorizing the State to provide wireless communications services to public safety entities on the 700 MHz public safety broadband spectrum and the State has received a grant under the Broadband Technology Opportunities Program (“BTOP”) from NTIA which the State has used, in part, to identify and evaluate telecommunications sites for use in a pilot network precursor to the NPSBN (“Pilot Network”); and
WHEREAS, public safety stakeholders, including, but not limited to, law enforcement, fire, and emergency medical service personnel, will benefit from the enhanced communication and data sharing ability provided by the Pilot Network and the NPSBN; and
WHEREAS, the enhanced communication and data sharing abilities will position public safety stakeholders to more effectively prepare, respond, assist, and mitigate the impact of natural and manmade emergencies and disasters and otherwise further the mission of protecting life, property, and/or the environment; and
WHEREAS, the State has identified four sites (“Sites”) owned and controlled by the City as well-situated for use in the Pilot Network in New Jersey; and
WHEREAS, the State and the City both desire that such Sites be used for the Pilot Network and thus help provide network coverage for public safety users in the vicinity of the Sites; and
WHEREAS, the State desires to have access to and use a portion of the City’s Sites and City desires to provide the State with access to and use of such portion of such Sites for use in the Pilot Network, subject to the terms and conditions set forth in the attached Agreement; and
WHEREAS, N.J.S.A. 40A:11-5(2) of the Local Public Contracts Law excludes these services from competitive bidding and advertising because they are between a Municipality and the State of New Jersey.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Business Administrator are hereby authorized to enter into and execute a Use and Occupancy Agreement in the form attached hereto with State of New Jersey Office of Homeland Security and Preparedness, 1200 Negron Drive, Hamilton Township, New Jersey 08691, so that it may deploy, operate and maintain wireless communications services on a public safety broadband network to enhance communication and data sharing ability for law enforcement, fire, and emergency medical service personnel, for a period of five years.
2. No Municipal funds shall be expended or are required under this resolution.
3. The Business Administrator shall be responsible for the enforcement of the conditions of the Environmental Right of Entry Agreement.
4. A copy of the Use and Occupancy Agreement and this Resolution shall be placed on file in the Office of the City Clerk by the Business Administrator
STATEMENT
Resolution authorizing the Mayor and/or his designee, the Business Administrator, to enter into a Use and Occupancy Agreement with the State of New Jersey Office of Homeland Security and Preparedness, 1200 Negron Drive, Hamilton Township, New Jersey 08691, so that it may deploy, operate and maintain wireless communications services on a public safety broadband network to enhance communication and data sharing ability for law enforcement, fire, and emergency medical service personnel, for a period of five years.