Hi Chad,
Other than the MCC agreement, are your concerns something that should be written up by a legal advisor, such as yourself, and sent to Trimble?
Or can we make comments to have the issues below addressed and see what they provide back?
Thanks,
Jenn
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Wednesday, October 15, 2014 4:07 PM
To: Jennifer Cline
Subject: FW: Trimble VRS Now (RTN) Base Station Hosting Opportunity
He made some comments that I have not addressed as yet.
From: Chad Jacobs [mailto:Chad@gov-law.com]
Sent: Sunday, October 12, 2014 8:43 AM
To: 'Dan Huff'
Subject: RE: Trimble VRS Now (RTN) Base Station Hosting Opportunity
Hey,
So there are a couple of issues with this agreement that you need to think about – I’m happy to discuss them with you in more detail if you want/need – let me know how I can be of assistance.
· You need to confirm that your agreement with MCC permits you to allow a third party to have access to your internet connection. I did not go back and review the agreement, but I seem to recall that there were some limitations in this regard – I’m happy to review the MCC agreement if you prefer that I do so instead of you – let me know.
· The agreement permits Trimble to “be entitled to install any additional utilities and services required for the Equipment which Trimble considers are required” without requiring any consent from the City – although the risk may be minimal, this strikes me as granting them a little too much authority over your facility.
· The insurance amounts may not be enough to cover all claims under the tort claims act – again, probably not a big risk here, but I wanted to point that out.
· You may want to put a limit on the amount of utilities they are entitled to – I understand that it shouldn’t cost that much in electricity, but nonetheless, since you are agreeing to provide for the utility, you may want a dollar cap on it.
· I would suggest adding some language in the agreement placing a limit on any damages to Trimble due to any failure of their equipment on your premises – i.e., what if a city employee acts negligently and causes a power outage at the facility – we don’t want to be liable to Trimble for any losses due to an interruption in service.
· The agreement mentions Trimble’s right to terminate if it doesn’t like where the City has required it to relocate its equipment, but I don’t see where in the lease the City has the right to require the relocation and/or approve initially where the equipment is placed – both would probably be good additions.
· You probably want to add a venue requirement that any disputes be litigated in Clackamas County (or in Oregon if in federal court).
I think that’s it for now – let me know if you want to discuss.
Best,
Chad
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Friday, October 03, 2014 9:32 AM
To: Chad Jacobs
Subject: FW: Trimble VRS Now (RTN) Base Station Hosting Opportunity
Chad –Here is an agreement to install an antenna on City Hall by a GPS Co. I included Jennifer Clines comments for your review.
Dan
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Friday, October 03, 2014 9:28 AM
To: Dan Huff
Cc: Dan Zinder
Subject: RE: Trimble VRS Now (RTN) Base Station Hosting Opportunity
Hi Dan,
I read though the contract last night here are my comments, feel free to forward them to the attorneys.
· #4. Compensation for the initial installation and monthly service fees of all utilities will be billed monthly.
· #9. Make highlighted changes to the first sentence. Trimble will install the Equipment on the Site and will be responsible for full compensation of any damage to the Site caused by Trimble’s personnel, authorized contractors or their equipment.
Jenn
From: Dan Zinder [mailto:dzinder@cityofmolalla.com]
Sent: Thursday, October 02, 2014 12:50 PM
To: Dan Huff; Jennifer Cline
Subject: FW: Trimble VRS Now (RTN) Base Station Hosting Opportunity
Dan, Jenn,
The attached is the hosting agreement that we would sign to partner with Trimble in setting up their base station. It seems to cover the liability and hold harmless clauses that we were concerned about as well as setting an annual renewal date (i.e. so we could tell them if/when we’re tearing down the building.)
Also, I’ve been told to pass on that the base station is hush hush to the public until it’s set up and Trimble makes their announcement – sometime in November. So hold the presses ;)
The RTK network and upgrade will be a huge benefit in accuracy and efficiency for our collection.
Best,
Dan Z
From: Jarrett Price [mailto:jarrett.price@geoline.com]
Sent: Wednesday, October 01, 2014 2:21 PM
To: Dan Zinder
Subject: Trimble VRS Now (RTN) Base Station Hosting Opportunity
Good afternoon Mr. Zinder,
We are currently looking for a locations in or around Molalla, OR to install a new Trimble NetR9 GPS/GNSS base station for our Trimble Virtual Reference Station (VRS) Now network. I thought you might be interested in the opportunity to host a Trimble VRS Now base station as an opportunity to enhance your business. This is an opportunity to partner with Trimble. We are interested in installing somewhere near Molalla, OR area as part of a new initiative to bring the best in network RTK to the state of Oregon. We are offering a complementary US-wide VRS Now RTK GNSS (network RTK) subscription in exchange for hosting a base station for the duration of the hosting agreement. The receiver, antenna, and all base station equipment would be installed at your facility at no cost to you. The only infrastructure requirements are reliable electric and internet connections provided by the site host, for which we would piggy-back on existing infrastructure, if possible. The site will require only about $50-$60 of electricity each year and 10Kb/s bandwidth for internet (~5GB per month). The installation location will also require a clear sky view to allow clear GPS and GLONASS satellite signal reception.
Benefits of hosting a Trimble VRS Now reference station for your business include:
· One free (per base station) US-Wide VRS Now RTK GNSS subscription (NOTE: This is a $3,300/year value) or supplemental spiff (GeoXH).
· Free access to static data for post-processing
· Assisting with surveying community network RTK coverage
· Improved network coverage for nearby job/research sites and improved accuracy for your VRS Now users
· Unparalleled Trimble Customer Service and Technical Support
We are committed to providing accurate and reliable service to our customers, and we invite you to be a part of our network and the Trimble team by hosting a reference station site. Please let me know if I can answer any additional questions to help you with this decision. If you are unable or not interested in hosting a Trimble VRS Now reference station for any reason, we would sincerely appreciate any referrals that you can provide for other possible site hosts in your area.
Here are some additional photos of recent installations, but the configuration can be altered to suite your facility.
I would also like to point out some benefits of Trimble VRS Now as experienced by our community of users:
• Instant access to real-time kinematic (RTK) corrections
• Initial convergence under a one minute, 10 seconds is typical
• Centimeter-accurate corrections: depending upon network geometry, baseline length, GNSS environment, and local area influences
• Corrections are tailored to your geographic location
• Utilizes Trimble-operated VRS technology
• No RTK base station setup required
• Cost effective and simple to use
• Built-in redundancy to ensure connectivity, consistency, and quality
• Professionally managed and secure
• Monitored 24/7 to ensure peak performance and the highest amount of uptime
• Customer service and technical support via phone and email
• Unique licensing plan allowing a single subscription to be shared by multiple users. However, only one user can connect with the username at one time.
Here are a couple of links that provide additional information about Trimble Positioning Services, and specifically VRS Now, our advanced network RTK solution:
http://www.trimble.com/positioning-services/vrs-now.aspx
http://www.trimble.com/positioning-services/pdf/VRS_FAQs_July_2012.pdf
I hope this info helps, and please let me know if I can answer any additional questions. I have forwarded a blank hosting agreement for your review, if you are interested. Time is of the essence to bring this network to life, so I appreciate your timely reply.
I hope you will consider this opportunity to collaborate.
Thanks,
Jarrett Price
Director of Business Development & Key Accounts
GeoLine, Inc.
503.620.5244 / 800.523.6408
503.819.8781 mobile
