Memorandum
TO: The Honorable Jessica Pyska, Chair, Lake County Board of Supervisors
FROM: Lars Ewing, Public Services Director
DATE: June 27, 2023
SUBJECT: Approve the Facility Space License Agreement with Digital Path, Inc. for Continued Access to the County- owned Buckingham Peak Communications Site
EXECUTIVE SUMMARY:
Since 2011, broadband provider Digital Path has licensed space on the County’s communications suite located on Buckingham Peak of Mt. Konocti. Although that agreement expired in 2021, Digital Path has remained on the licensed space in accordance with the holdover provision of that agreement. Prior to expiration of that agreement, staff entered into negotiations with Digital Path which focused particularly on evaluating new antenna technology proposed by Digital Path as well as adddressing staff’s concerns with potential interference issues. The attached agreement is a result of those negotiations and reflects the following modifications to the prior license agreement:
1. An initial term of five years with an option for one additional five year term; and
2. A continuation of a 4% annual cost-of-living adjustment which will now be subject to renegotiation if inflation exceeds 7.5% for a period of one-year.
3. Consolidation of Digital Path’s antennas to a single elevation level (102.5’) on the tower which in turn will free-up space on the tower for other tenants.
4. Modification of existing equipment modification and interference provisions which will result in greater accountability.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: __
Purchasing Considerations (check all that apply): ☒ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)
☐ For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)
☐ Other (Please describe in Executive Summary)
Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☒ Public Safety ☒ Disaster Prevention, Preparedness, Recovery
☒ Economic Development ☒ Infrastructure ☐ County Workforce
RECOMMENDED ACTION: Approve the Facility Space License Agreement with Digital Path, Inc. for Continued Access to the County-owned Buckingham Peak Communications Site and Authorize the Chair to sign the Agreement