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CC SR 20160216 G - SCE License AgreementRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/16/2016 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to approve a License Agreement between the Southern California Edison Company (SCE) and the City to allow the City to place signs on SCE poles. RECOMMENDED COUNCIL ACTION: (1) Approve a License Agreement with the Southern California Edison Company (SCE) to allow the City the option to mount non -electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on SCE poles; and, (2) Authorize the Mayor and City Clerk to sign the agreement. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Nadia Carrasco, Assistant Engineer REVIEWED BY: Michael Throne, Director of Public Works APPROVED BY: Doug Willmore, City Manager: -"-"1-1 ATTACHED SUPPORTING DOCUMENTS: A. License Agreement (page A-1) BACKGROUND AND DISCUSSION: During the summer of 2015, Staff noticed that two 25 -mph regulatory signs and a school warning sign were not re -installed on a pole that had been replaced by SCE. When contacted by Staff about the replacement of these signs, SCE indicated that the City did not have a license agreement to place any signs on their poles, and as a result, SCE declined allowing the re -installation of the signs. This License Agreement is for a one-year term from the date of its execution, and from year-to-year thereafter, unless terminated sooner by either SCE or the City. This will allow the City the option to install, maintain, use, repair, renew, and remove non - electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on various poles owned by SCE without any charge. 1 CONCLUSION: Staff recommends authorizing the Mayor and City Clerk to sign the Agreement, and to forward the Agreement to SCE for its execution. ALTERNATIVES: As an alternative to the Staff recommendation, the City Council may: (1) Reject the proposed License Agreement. 2 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "License Agreement"), is made and entered into this day of , 2015 by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, (hereinafter called "Company") and the City of Rancho Palos Verdes, a political subdivision of the State of California, (hereinafter called "City"). WHEREAS, City has jurisdiction of certain streets and highways and has the right to regulate the use of such highways. WHEREAS, Company has installed Company-owned composite, concrete, and steel Street light poles ("Poles") at various locations within said City at the request of City. WHEREAS, City desires a license to place non -electrified traffic regulating signs, American flags, and Neighborhood Watch signs, banners' and related appurtenances on said Poles. WHEREAS, Company shall permit. City to install non -electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on said Poles under this License Agreeznent. 1VOW THEREFORE, in consideration of the mutual understandings and obligations of the parties as hereinafter set forth, Company and City hereby agree as follows: 1. "Company hereby, subject to the terms and conditions provided in this License Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove non -electrified traffic regulating signs, American flags, Neighborhood Watch signs and other city — sponsored event banners and related appurtenances (collectively referred to as "Attachments") on the Poles in accordance with the following: -1- A-1 A. Attachment shall be secured by means of stainless steel straps. B. No holes shall be punched, drilled, or burned in any Poles C. All Attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to Poles to avoid dislodging. D. The total surface area of all Attachments on any one Pole shall not exceed 18 square feet at any one time. E. Banners for use on poles in high wind areas (90 mph) must be mounted with break- away, or bend -away banner supports. F. No Attachment shall be suspended between Poles or between Poles and structures. G. No Attachment shall be installed on any wooden Poles. R No Corporate Trademarks, Logos or other corporate identifiers shall be allowed on the City sponsored banners. 2. Except as otherwise herein provided, the use by City of such Pole as herein provided for shall be without charge. City and/or City's agent shall not derive any revenues in connection with the license issued hereby that exceeds the direct expenses incurred in generating such revenues. City and/or City's agent shall maintain complete and accurate records in accordance with generally accepted methods of accounting for all transactions involving payment from a third -party for placement of an Attachment for three (3) years after the corresponding payment. Company shall have access to such records, upon reasonable notice, for the purposes of audit during normal business hours, for so long as such records are required to be maintained. -2- A-2 3. The Attachments shall be installed and maintained by City, or City's authorized agent, in a safe and workman -like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 4. Should Company, in its sole and absolute discretion, determine that it is necessary to relocate or replace a Pole on which a City -owned Attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said Attachment to a substitute Pole, if any, as required at City's sole, cost and expense. 5. City shall indemnify and hold harmless Company against all losses, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, Ioperation, maintenance, and/or removal of said Attachments on any Poles; as herein provided. The termination of this License agreement shall not relieve City of any liabilities which occurred prior thereto or which are occurring at that time. This paragraph shall not be construed to impose liability on either the Company or the City, in favor of ,any third party, unless such liability would have existed in the absence of this paragraph. 6. The failure „of Company to enforce any provision of this License Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provisions;, however; the same shall nevertheless remain in full force and effect. 7. This License Agreement shall continue in effect for a term of one (1) year from the datehereof and from year to year thereafter, unless terminated sooner. This License Agreement may be terminated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said Attachments from the Poles prior to the termination of this License Agreement. 8. This License Agreement shall not be assignable by City. -3- A-3 IN WITNESS WHEREOF, City and Company have executed this License Agreement by and through their respective officer's thereunto authorized as of the day and year first herein above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE SOUTHERN CALIFORNIA EDISON CITY OF RANCHO PALOS VERDES COMPANY ACTING FOR AND ON BEHALF OF THE CITY OF RANCHO PALOS VERDES BY: BY: TITLE: TITLE: ATTEST: ATTEST: TITLE: TITLE: DATE: -4-