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HomeMy WebLinkAbout2005 CON SDG&E - Public Safety Project CamerasLICENSE AGREEMENT (Pole Attachment - Government - Temporary Facilities) THIS AGREEMENT is made between SAN DIEGO GAS & ELECTRIC ("Licensor") and City of National City ("Licensee"), and is effective December 14, 2005. RECITALS WHEREAS, Licensor is engaged in the business of constructing, maintaining and operating an electric power distribution system, with poles and other structures, in the County of San Diego and a portion of the County of Orange, State of California, and is regulated by the California Public Utilities Commission; and WHEREAS, Licensee is a law 'enforcement agency of a public entity, charged with enforcing the laws of the United States of America and/or State of California, and desires to use poles, (but not other structures) owned by the Licensor as supports for observation cameras; NOW, THEREFORE, IT IS AGREED by and between the parties that the following terms and conditions shall govern Licensee's use of the aforesaid poles as Licensor may, upon application, permit licensee to use in the conduct of its law enforcement activities. TERMS AND CONDITIONS 1. Licensee's use of said poles shall be temporary and confined to supporting such of its equipment as Licensor has given Licensee written permission to install, and said equipment shall be used only for Licensee's law enforcement activities. In conformance to California Public Utilities Commission General Order 95, Rule 34, these installations shall be of a, duration not to exceed one year. Attachments exceeding one year shall become 'permanent' attachments according to CPUC Rule 34, and be subject to approval by the Commission. Any unauthorized attachment(s) will be grounds to terminate this contract. 2. Whenever Licensee desires to place equipment on any of said poles, Licensee shall make written application to Licensor for permission to do so in the manner and form as Licensor shall from time to time prescribe. Licensee will only be approved to use poles on which there is adequate space to provide legal and safe attachment of Licensee's equipment. 3. Upon receipt of written approval from Licensor, all work done on or about said poles or for Licensee in connection with the installation, operation and maintenance of Licensee's equipment shall be performed by workers qualified to perform such work, whether they be Licensee, its employees, its agent contractors, or employees of contractors. Licensee will not assign work to, and will not permit work on or about said poles by, any employee, agent or contractor who is judged a doubtful security risk. 4. All of Licensee's equipment shall be installed, operated and maintained by Licensee in a workmanlike manner in compliance with SDG&E standards, General Order No. 95 of the California Public Utilities Commission, and all applicable laws or ordinances. All installations are subject to inspections by Licensor. Licensor may inspect proposed installation sites as well as installed equipment. Such inspections, made or not, shall not relieve Licensee of any responsibility, obligation or liability assumed under this agreement. Should equipment be placed in a position that .Licensor determines is not in compliance with SDG&E standards, California Public Utility Commission regulations, and/or applicable laws or ordinances, said equipment must be removed within one (1) day from notification to Licensee by Licensor. 5. Licensee will obtain from private owners of real property and from public authorities any and all permits, licenses, grants, warrants, or court orders necessary for the lawful exercise of the permission granted by any application approved hereunder. Licensor does not, by the terms and conditions of this agreement, purport to grant to Licensee any right or privilege whatever to use poles owned by Pacific Bell, even though Licensor itself has, by reason of a Joint Pole Agreement or otherwise, acquired permission to use the same. ' 6. The occupancy of pole space by Licensee's equipment and the design of attachment thereof shall be subject to the approval of the Licensor and subject to present or future occupancy of pole space by Licensor. Licensor reserves to itself, its successors or assigns, the right to maintain said poles and to operate its facilities thereon in such a manner as will best enable it to fulfill its own service requirements. '7. Licensee may at any time remove its equipment from any of said poles and, in each such case, Licensee shall immediately give Licensor written notice of such removal. 8. In addition to the rights set forth in paragraph 4 above, Licensor may revoke Licensee's right to use each, any and all poles at any time for any reason upon five (5) calendar days written notice to Licensee, and Licensee shall remove its equipment from such pole or poles within five (5) calendar days after receipt of such notification. Removal shall be done at the risk and expense of the Licensee. If Licensee fails to remove its equipment within the time allowed for such removal, Licensor may elect to do such work at Licensee's sole risk and expense and Licensee, upon demand, will reimburse Licensor for the entire expense thereby incurred. 9. At the time of application, Licensee shall pay Licensor a Pole attachment fee of $50 for each pole. Additionally, Licensee will pay electric usage fees for each installation in an amount established by California Public Utilities Commission tariff. Said electric usage fees shall be established under an electric usage contract that must be filed with the California Public Utilities Commission. 10. Licensee covenants and agrees to indemnify and hold harmless Licensor from and against any and all demands, claims, suits, costs of defense, attorneys' fees, witness fees (including expert witness fees), liabilities and other expenses, for any interference with Licensor's service, for damage to property, including, but not limited to, Licensor's property, for injury to or death of any person, including but not limited to any employee, agent, servant, independent contractor or employee of an agent, servant, or independent contractor of Licensor or of Licensee, in any way arising from the construction, installation, operation, use, maintenance or existence of Licensee's equipment on or about any poles owned or occupied by Licensor,regardless of the cause and even though caused in whole or part by the negligent act, acts, omission or omissions of Licensor or of its officers, employees, agents, servants, independent contractors or otherwise. 11. The rights granted to Licensee herein are not assignable in whole or in part to any other person or party without the written consent of Licensor. 12. This License Agreement shall be subject to such changes or modifications as may be required or authorized by law and by any regulatory commission in the exercise of its lawful jurisdiction. Further, the provisions of this License Agreement are conditional upon the right of the Licensor to commence or resume the use of the property rights hereinabove referred to whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by GeAera1 Order No. 69 of the California Public Utilities Commission. IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year first above written. LICENSOR: By: LICENSEE: ELECTRIC CITY OF NATIONAL CITY Its: V. P_ fe,; T f D Date: 2 /34 By: Nick f'iza Its: Mayor Date: December 20, 2005 RESOLUTION NO. 2005 — 269 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO INSTALL SECURITY CAMERAS ON POLES WHEREAS, San Diego Gas & Electric (SDG&E) is engaged in the business of constructing, maintaining and operating an electric power distribution system, with poles and other structures, in the County of San Diego and a portion of the County of Orange, State of California, and is regulated by the California Public Utilities Commission; and WHEREAS, the City desires to use poles owned by SDG&E as supports for security cameras, and SDG&E is willing to grant the City a license to use the poles for that purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a license agreement with SDG&E to install security cameras on its poles. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. NickTnzunza, Mayor ATTEST: 4 Mi ael R. Dall. , City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 20, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California CI rk of the Cit/./tY t City Tonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-269 of the City of National City, California, passed and adopted by the Council of said City on December 20, 2005. City Clerk of the City of National City, California By: Deputy City of National City, California ADDED ITEM COUNCIL AGENDA STATEME December 20, 2005 MEETING DATE AGENDA ITEM NO. IT lolutlorfof the City Council authorizing an agreement with SDGE for the use of SDGE light poles along Roosevelt Avenue to mount the City's Public Safety Project cameras PREPARED BY Bernard Yeo f/ DEPARTMENT MIS Department x4373 EXT. EXPLANATION National City Public Safety Camera Project requires the attachment of 3 cameras and accompanying networking equipment to be attached to 3 SDGE light poles along Roosevelts Avenue (@ 4th, 5th and 7th street). SDGE requires the City to enter into a light pole attachment agreement for the use of their light poles. ( Environmental Review FLarcial Statement o inancia impact X N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Approval of Agreement with SDGE C2 S-7/ BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) 1) SDGE Pole Attachment Agreement 2) Resolution Resolution No. ZOO s'Z c A-200 (Rev. 7/03) LICENSE AGREEMENT (Pole Attachment - Government - Temporary Facilities) THIS AGREEMENT is made between SAN DIEGO GAS & ELECTRIC ("Licensor") and City of National City ("Licensee"), and is effective December 14, 2005. RECITALS WHEREAS, Licensor is engaged in the business of constructing, maintaining and operating an electric power distribution system, with poles and other structures, in the County of San Diego and a portion of the County of Orange, State of California, and is regulated by the California Public Utilities Commission; and WHEREAS, Licensee is a law enforcement agency of a public entity, charged with enforcing the laws of the United States of America and/or State of California, and desires to use poles, (but not other structures) owned by the Licensor as supports for observation cameras; NOW, THEREFORE, IT IS AGREED by and between the parties that the following terms and conditions shall govern Licensee's use of the aforesaid poles as Licensor may, upon application, permit licensee to use in the conduct of its law enforcement activities. TERMS AND CONDITIONS 1. Licensee's use of said poles shall be temporary and confined to supporting such of its equipment as Licensor has given Licensee written permission to install, and said equipment shall be used only for Licensee's law enforcement activities. In conformance to California Public Utilities Commission General Order 95, Rule 34, these installations shall be of a, duration not to exceed one year. Attachments exceeding one year shall become 'permanent' attachments according to CPUC Rule 34, and be subject to approval by the Commission. Any unauthorized attachment(s) will be grounds to terminate this contract. 2. Whenever Licensee desires to place equipment on any of said poles, Licensee shall make written application to Licensor for permission to do so in the manner and form as Licensor shall from time to time prescribe. Licensee will only be approved to use poles on which there is adequate space to provide legal and safe attachment of Licensee's equipment. 3. Upon receipt of written approval from Licensor, all work done on or about said poles or for Licensee in connection with the installation, operation and maintenance of Licensee's equipment shall be performed by workers qualified to perform such work, whether they be Licensee, its employees, its agent contractors, or employees of contractors. Licensee will not assign work to, and will not permit work on or about said poles by, any employee, agent or contractor who is judged a doubtful security risk. 4. All of Licensee's equipment shall be installed, operated and maintained by Licensee in a workmanlike manner in compliance with SDG&E standards, General Order No. 95 of the California Public Utilities Commission, and all applicable laws or ordinances. All installations are .subject to inspections by Licensor. Licensor may inspect proposed installation sites as well as installed equipment. Such inspections, made or not, shall not relieve Licensee of any responsibility, obligation or liability assumed under this agreement. Should equipment be placed in a position that Licensor determines is not in compliance with SDG&E standards, California Public Utility Commission regulations, and/or applicable laws or ordinances, said equipment must be removed within one (1) day from notification to Licensee by Licensor. 5. Licensee will obtain from private owners of real property and from public authorities any and all permits, licenses, grants, warrants, or court orders necessary for the lawful exercise of the permission granted by any application approved hereunder. Licensor does not, by the terms and conditions of this agreement, purport to grant to Licensee any right or privilege whatever to use poles owned by Pacific Bell, even though Licensor itself has, by reason of a Joint Pole Agreement or otherwise, acquired permission to use the same. '6. The occupancy of pole space by Licensee's equipment and the design of attachment thereof shall be subject to the approval of the Licensor and subject to present or future occupancy of pole space by Licensor. Licensor reserves to itself, its successors or assigns, the right to maintain said poles and to operate its facilities thereon in such a manner as will best enable it to fulfill its own service requirements. '7. Licensee may at any time remove its equipment from any of said poles and, in each such case, Licensee shall immediately give Licensor written notice of such removal. 8. In addition to the rights set forth in paragraph 4 above, Licensor may revoke Licensee's right to use each, any and all poles at any time for any reason upon five (5) calendar days written notice to Licensee, and Licensee shall remove its equipment from such pole or poles within five (5) calendar days after receipt of such notification. Removal shall be done at the risk and expense of the Licensee. If Licensee fails to remove its equipment within the time allowed for such removal, Licensor may elect to do such work at Licensee's sole risk and expense and Licensee, upon demand, will reimburse Licensor for the entire expense thereby incurred. 9. At the time of application, Licensee shall pay Licensor a Pole attachment fee of $50 for each pole. Additionally, Licensee will pay electric usage fees for each installation in an amount established by California Public Utilities Commission tariff. Said electric usage fees shall be established under an electric usage contract that must be filed with the California Public Utilities Commission. 10. Licensee covenants and agrees to indemnify and hold harmless Licensor from and against any and all demands, claims, suits, costs of defense, attorneys' fees, witness fees (including expert witness fees), liabilities and other expenses, for any interference with Licensor's service, for damage to property, including, but not limited to, Licensor's property, for injury to or death of any person, including but not limited to any employee, agent, servant, independent contractor or employee of an agent, servant, or independent contractor of Licensor or of Licensee, in any way arising from the construction, installation, operation, use, maintenance or existence of Licensee's equipment on or about any poles owned or occupied by Licensor, regardless of the cause and even though caused in whole or part by the negligent act, acts, omission or omissions of Licensor or of its officers, employees, agents, servants, independent contractors or otherwise. 11. The rights granted to Licensee herein are not assignable in whole or in part to any other person or party without the written consent of Licensor. 12. This License Agreement shall be subject to such changes or modifications as may be required or authorized by law and by any regulatory commission in the exercise of its lawful jurisdiction. Further, the provisions of this License Agreement are conditional upon the right of the Licensor to commence or resume the use of the property rights hereinabove referred to whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by General Order No. 69 of the California Public Utilities Commission. • IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year first above written. LICENSOR: LICENSEE: SAN DIEGO GAS & ELECTRIC CITY OF NATIONAL CITY By: Its: Date: By: Its: Date: City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 January 23, 2006 Gary Stephens Director — Corporate Security Sempra Energy 101 Ash Street, HQ02K San Diego, CA 92101-3017 Project: License Agreement with SDG&E to Allow the City to Install Security Cameras on SDG&E Poles Dear Mr. Stephens: On December 20, 2005, the City Council of the City Of National City passed and adopted Resolution No. 2005-269, authorizing the Mayor to execute a license agreement allowing the city to install security cameras on SDG&E polls. We are pleased to enclose a copy of the Resolution and two partially executed License Agreement. We request that you return one to us for our files. Should you have any questions, please contact Mr. Bernard Yeo, MIS Manager at (619) 336-4373 or Lt. Lanny Roark at (619) 336-4524. Michael R. Della City Clerk Enclosures cc: MIS File C2005- ® Recycled Paper RESOLUTION NO. 2005 — 269 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO INSTALL SECURITY CAMERAS ON POLES WHEREAS, San Diego Gas & Electric (SDG&E) is engaged in the business of constructing, maintaining and operating an electric power distribution system, with poles and other structures, in the County of San Diego and a portion of the County of Orange, State of California, and is regulated by the California Public Utilities Commission; and WHEREAS, the City desires to use poles owned by SDG&E as supports for security cameras, and SDG&E is willing to grant the City a license to use the poles for that purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a license agreement with SDG&E to install security cameras on its poles. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nick'fnzunza, Mayor ATTEST: 4 MI ael R. Dall , City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 20, 2005, by the following vote, to -wit: Ayes: Councilmembers, Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA By: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-269 of the City of National City, California, passed and adopted by the Council of said City on December 20, 2005. By: iQlerk i of the City ty o National City, California Deputy LICENSE AGREEMENT (Pole Attachment - Government - Temporary Facilities) THIS AGREEMENT is made between SAN DIEGO GAS & ELECTRIC ("Licensor") and City of National City ("Licensee"), and is effective December 14, 2005. RECITALS WHEREAS, Licensor is engaged in the business of constructing, maintaining and operating an electric power distribution system, with poles and other structures, in the County of San Diego and a portion of the County of Orange, State of California, and is regulated by the California Public Utilities Commission; and WHEREAS, Licensee is a law enforcement agency of a public entity, charged with enforcing the laws of the United States of America and/or State of California, and desires to use poles, (but not other structures) owned by the Licensor as supports for observation cameras; NOW, THEREFORE, IT IS AGREED by and between the parties that the following terms and conditions shall govern Licensee's use of the aforesaid poles as Licensor may, upon application, permit licensee to use in the conduct of its law enforcement activities. TERMS AND CONDITIONS 1. Licensee's use of said poles shall be temporary and confined to supporting such of its equipment as Licensor has given Licensee written permission to install, and said equipment shall be used only for Licensee's law enforcement activities. In conformance to California Public Utilities Commission General Order 95, Rule 34, these installations shall be of a: duration not to exceed one year. Attachments exceeding one year shall become 'permanent' attachments according to CPUC Rule 34, and be subject to approval by the Commission. Any unauthorized attachment(s) will be grounds to terminate this contract. 2. Whenever Licensee desires to place equipment on any of said poles, Licensee shall make written application to Licensor for permission to do so in the manner and form as Licensor shall from time to time prescribe. Licensee will only be approved to use poles on which there is adequate space to provide legal and safe attachment of Licensee's equipment. 3. Upon receipt of written approval from Licensor, all work done on or about said poles or for Licensee in connection with the installation, operation and maintenance of Licensee's equipment shall be performed by workers qualified to perform such work, whether they be Licensee, its employees, its agent contractors, or employees of contractors. Licensee will not assign work to, and will not permit work on or about said poles by, any employee, agent or contractor who is judged a doubtful security risk. 4. All of Licensee's equipment shall be installed, operated and maintained by Licensee in a workmanlike manner in compliance with SDG&E standards, General Order No. 95 of the California Public Utilities Commission, and all applicable laws or ordinances. All installations are subject to inspections by Licensor. Licensor may inspect proposed installation sites as well as installed equipment. Such inspections, made or not, shall not relieve Licensee of any responsibility, obligation or liability assumed under this agreement. Should equipment be placed in a position that.Licensor determines is not in compliance with SDG&E standards, California Public Utility Commission regulations, and/or applicable laws or ordinances, said equipment must be removed within one (1) day from notification to Licensee by Licensor. 5. Licensee will obtain from private owners of real property and from public authorities any and all permits, licenses, grants, warrants, or court orders necessary for the lawful exercise of the permission granted by any application approved hereunder. Licensor does not, by the terms and conditions of this agreement, purport to grant to Licensee any right or privilege whatever to use poles owned by Pacific Bell, even though Licensor itself has, by reason of a Joint Pole Agreement or otherwise, acquired permission to use the same. 6. The occupancy of pole space by Licensee's equipment and the design of attachment thereof shall be subject to the approval of the Licensor and subject to present or future occupancy of pole space by Licensor. Licensor reserves to itself, its successors or assigns, the right to maintain said poles and to operate its facilities thereon in such a manner as will best enable it to fulfill its own service requirements. ' 7. Licensee may at any time remove its equipment from any of said poles and, in each such case, Licensee shall immediately give Licensor written notice of such removal. 8. In addition to the rights set forth in paragraph 4 above, Licensor may revoke Licensee's right to use each, any and all poles at any time for any reason upon five (5) calendar days written notice to Licensee, and Licensee shall remove its equipment from such pole or poles within five (5) calendar days after receipt of such notification. Removal shall be done at the risk and expense of the Licensee. If Licensee fails to remove its equipment within the time allowed for such removal, Licensor may elect to do such work at Licensee's sole risk and expense and Licensee, upon demand, will reimburse Licensor for the entire expense thereby incurred. 9. At the time of application, Licensee shall pay Licensor a Pole attachment fee of $50 for each pole. Additionally, Licensee will pay electric usage fees for each installation in an amount established by California Public Utilities Commission tariff. Said electric usage fees shall be established under an electric usage contract that must be filed with the California Public Utilities Commission. 10. Licensee covenants and agrees to indemnify and hold harmless Licensor from and against any and all demands, claims, suits, costs of defense, attorneys' fees, witness fees (including expert witness fees) liabilities and other expenses, for any interference with Licensor's service, for damage to property, including, but not limited to, Licensor's property, for injury to or death of any person, including but not limited to any employee, agent, servant, independent contractor or employee of an agent, servant, or independent contractor of Licensor or of Licensee, in any way arising from the construction, installation, operation, use, maintenance or existence of Licensee's equipment on or about any poles owned or occupied by Licensor, regardless of the cause and even though caused in whole or part by the negligent act, acts, omission or omissions of Licensor or of its officers, employees, agents, servants, independent contractors or otherwise. 11. The rights granted to Licensee herein are not assignable in whole or in part to any other person or party without the written consent of Licensor. 12. This License Agreement shall be subject to such changes or modifications as may be required or authorized by law and by any regulatory commission in the exercise of its lawful jurisdiction. Further, the provisions of this License Agreement are conditional upon the right of the Licensor to commence or resume the use of the property rights hereinabove referred to whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by General Order No. 69 of the California Public Utilities Commission. IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year first above written. LICENSOR: LICENSEE: SAN DIEGO GAS & ELECTRIC CITY OF NATIONAL CITY By: Its: Date: By: Ni Its: Mayor Date: December 20, 2005