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AMENDED AND RESTATED AGREEMENT FOR <br />CELLULAR TOWER CONSULTANT SERVICES <br />THIS AGREEMENT, made and entered into this 2°d day of March, 2009 <br />("Effective Date") by and between Telecom Partners Group Corp, dba ATS <br />Communications, aCalifornia corporation (hereinafter "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of wireless communication technology to assist the City in marketing and <br />facilitating the development of cell towers on City owned property to provide a <br />wireless communication network throughout the City of Santa Ana. <br />B. On January 1, 2006, City and Consultant entered into an agreement for such <br />wireless communications network marketing services (the "Original <br />Agreement"). <br />C. Since the execution of the Original Agreement communications technologies <br />have advanced and wireless communications providers are looking for sites to <br />complete coverage of their systems and implement the new technologies. <br />D. In undertaking the performance of this Agreement, the Consultant represents that <br />it is knowledgeable in its field and that any services performed by Consultant <br />will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />E. In approving this Agreement, the City Council finds that Consultant has unique <br />qualifications and skills not otherwise available in the marketplace, and is <br />therefore exempt from competitive bidding. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />(a) Consultant shall maintain and update the City's wireless communications <br />master plan ("Wireless Master Plan") which identifies current wireless <br />facilities located within the City (on public and private land), other City <br />property available for location of cell towers, and future needs of wireless <br />communications providers in the City including, without limitation, <br />providers of cellular, PCS, radio or television transmissions or services, <br />(collectively, including any successor technologies, frequencies or <br />spectrums "Wireless Services"). <br />25A-3 <br />