TELECOM PARTNERS DBA ATS COMMUNICATIONS - 2006

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"" 'lIKI1NLt.Ud Ikt ~WKK MA'Y hUcctD Ur,IIL ".SUlik"LE EXPIRES A-2006-006 '1/'/ ~- /-t? t? , cctKK OF COUNCIL CONSULTANT AGREEMENT DATE: {~tf-vJ. THIS AGREEMENT, made and entered into this First day of January, 2006 ("Effective Date") by and between Telecom Partners Group Corp, dba A TS Communications, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of wireless communication technology to assist the City in marketing and facilitating the development of cell towers on City owned property to provide a wireless communication network throughout the City of Santa Ana. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. In approving this Agreement, the City Council finds that Consultant has unique qualifications and skills not otherwise available in the marketplace, and is therefore exempt from competitive bidding. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES (a) Consultant shall develop and implement, subject to formal adoption by the City Council, a wireless communications master plan ("Wireless Master Plan") for the City which will identify current wireless facilities located within the City (on public and private land), other City property available for location of cell towers, and future needs of wireless communications providers in the City including, without limitation, providers of cellular, PCS, radio or television transmissions or services, (collectively, including any successor technologies, frequencies or spectrums "Wireless Services"). Consultant will have the exclusive right to market all City owned sites to potential wireless providers and facilitate the placement of wireless communication cell towers and facilities on City owned property ("City Property") to implement the Wireless Master Plan, as set forth in Exhibit A, attached hereto. Said grant of rights is specifically subject to City's reservation to itself of the absolute discretion to approve / disapprove, for any reason, any location and/or provision of any lease agreement recommended by Consultant.