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HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON COMPANY (9)MAR 2 5 2025 Return FULLY EXECUTED N-2025-057 o . PD id% COPY to City Clerk, M-30 (vlanuel f^ore�o� MASTER POLE LICENSE AGREEMENT FOR LAW ENFORCEMENT THIS MASTER POLE LICENSE AGREEMENT FOR LAW ENFORCEMENT ("Agreement") is made as of this 2411 day of February 2025, ("Effective Date") between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation ("Licensor") and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Licensee"). RECITALS WHEREAS, Licensor is an electric corporation as defined in Public Utilities Code Section 218; WHEREAS, Licensor has electric distribution poles (collectively, "Poles") within its service territory, which are located on the public streets, roads, highways and other public ways or on property Licensor owns in fee or holds easements or other rights of way over; and WHEREAS, Licensee is a law enforcement agency charged with enforcing the laws of the United States of America or the State of California, and desires to use such Poles to temporarily place surveillance cameras and related ancillary equipment on specified Poles (hereinafter called "Licensee's Equipment" or "Equipment"). NOW, THEREFORE, the following terms and conditions shall govern Licensee's use of Licensor's Poles for Licensee's Equipment. TERM AND CONDITIONS 1. Licensee's Requests. Whenever Licensee desires to use a Pole to support Licensee's Equipment, Licensee shall submit a pole attachment request ("Request") with Licensor. The current requirements for the Request are set forth in Exhibit A and incorporated herein by reference. Licensor may modify the Request requirements at any time without prior notice. If the Request is approved by Licensor as described in Exhibit A, then the approved Request will become a part of this Agreement and subject to all of its terms and conditions. Each Request, once approved by Licensor, shall be a separate license for the Equipment and location specified in the Request. In the event of any conflict between terms specified in a Request or in Exhibit A and the terms of this Agreement, the terms of this Agreement shall prevail. 2. Grant of License. For each approved Request, Licensor grants to Licensee a non-exclusive revocable license to use the specified Poles for the placement and operation of Licensee's Equipment. Licensee agrees to use the specified Poles in accordance with the terms of this Agreement, California Public Utilities Commission ("CPUC") General Order No. 95, and Licensor's construction and attachment standards set forth in Exhibit A and incorporated herein by reference (all as may be amended, supplemented or updated from time to time). Licensee's use of Licensor's Poles shall be only for the lawful placement and use of Licensee's Equipment and for no other purpose. 3. License Exclusions. Nothing in this Agreement shall be construed to confer any permit, license or grant to use any property other than Licensor's Poles as provided in this Agreement and associated Requests. This Agreement is not a grant of right-of-way, easement, or any other real property right by Licensor to use the property on which the Poles are located if the property is owned by any party other than Licensor. Before installing its Equipment, Licensee is responsible for obtaining permission from the property owner(s) where the Pole(s) are located. In addition, nothing contained in this Agreement shall be construed to permit the attachment of any Equipment to Licensor's transmission towers or to any other structure owned by Licensor. 4. Temporary Attachments. Licensee's use of any Pole(s) is intended to be temporary. Each request shall specify a license term that shall not exceed ninety (90) days. This initial license term maybe extended for a specific period of time upon mutual written agreement of SCE and the Licensee. Licensee's authorized contractor must remove all of Licensee's Equipment covered by this Agreement from the applicable Pole(s) on or before the end of the license term. 5. Installation of Equipment. Following Licensor's approval of a Request, Licensee shall engage an authorized contractor from Licensor's list of approved contractors set forth in Exhibit B and incorporated herein by reference to install the authorized Equipment on the specified Pole(s). In no event shall Licensee or any employee, agent or representative of Licensee, or any unauthorized contractor, attach or attempt to attach any Equipment or perform any work whatsoever on any Pole. Licensee shall require the authorized contractor it selects to install, maintain, or remove the Equipment in accordance with Licensor's design, installation and maintenance standards as set forth in the following documents furnished to all authorized contractors: (1) Distribution Operations and Maintenance Policies & Procedures Manual (DOM) • Section: TR - Transformers (2) Distribution Overhead Construction Standards (DOH) • Sections: AP —Apparatus; CO —Conductors and Splices; DC —Distribution Construction; GR — Grounding Bonds and Insulators (3) Electrical Service Requirements (ESR) • Sections: ESR 1— General Information; ESR 2 — Overhead Service Connections, 0-600V (4) Pole Loading Manual (PLM) • All (PLM 1-4) r_j Licensee shall also require the authorized contractor it uses to comply with any additional requirements Licensor specifies in its approval of the Request. 6. Licensor's Maintenance and Replacement of Poles. Licensee shall cooperate with Licensor with respect to the maintenance, replacement, removal or relocation of any Poles or the facilities thereon or which may be placed thereon or for the service needs of Licensor or any other owner of an interest in said Pole or of facilities thereon. Nothing contained in this Agreement shall obligate Licensor to maintain any of its Poles in existence for a period of time longer than the same are convenient or necessary for Licensor's own service requirements. 7. Term. The term of this Agreement shall commence on the Effective Date and shall expire when terminated by either Party after ninety (90) days written notice. 8. Licensee's Waiver of Claims and Indemnity Obligations. a. To the fullest extent permitted by law, Licensee hereby releases Licensor and holds Licensor harmless from any and all claims or actions which might arise from Licensee's use of Licensor's Poles. b. To the fullest extent permitted by law, Licensee shall indemnify, defend and hold harmless Licensor, its parent company, affiliates, directors, shareholders, invitees, employees, agents, contractors, successors and assigns, from any and all costs, liabilities, claims and expenses, including but not limited to those from death or injury to any person, from a loss or damage to any real, personal or other property, or invasion or loss of privacy, arising from a breach of any obligation, duty, representation or warranty contained in this Agreement, or from any act or omission by Licensee, or by any of Licensee's employees, agents, or contractors, in connection with this Agreement. The obligations of Licensee under this section shall arise at such time, if any, that any claim is made, or loss is incurred by Licensor, and the entry of judgment or the litigation of any claim shall not be a condition precedent to the obligations of Licensee hereunder. C. Licensee shall promptly notify Licensor of threatened or pending matters to which Licensee's defense and indemnity obligations may apply. Licensee shall defend at its own expense with mutually acceptable counsel any such matter; provided that Licensor (and its insurers) shall at all times also have the right to fully participate in the defense and consent to any settlement or compromise. d. LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF CUSTOMERS OR GOOD WILL, OR LOST REVENUE OR PROFITS), FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, ARISING IN ANY MANNER FROM THIS AGREEMENT OR THE PERFORMANCE OR NON PERFORMANCE OF OBLIGATIONS HEREUNDER BYTHE LICENSEE, REGARDLESS OF THE CAUSE OR FORESEEABILITY THEREOF. 3 FURTHER, SCE'S TOTAL LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT OF LICENSE FEES RECEIVED BY LICENSOR UNDER THE POLE REQUEST FOR THE POLE(S) OUT OF WHICH THE LIABILITY ARISES OR RELATES. 9. Licensee's Breach. If Licensee violates any of the terms of this Agreement, Licensor may immediately terminate the license for any Pole(s) impacted or affected by the violation. Licensee's authorized contractor shall promptly remove Licensee's Equipment from such Pole(s). 10. Fees. When Licensee fills out a Request to attach Equipment to any Pole(s), Licensee shall pay Licensor a one-time, non-refundable contract administration fee of $ _0_ for each Pole. Any electric usage fees shall be established under an electric usage contract filed with the CPUC. 11. Legal Authority. Licensee hereby represents and warrants that it will only use the Poles for lawful surveillance purposes conducted at all times in a lawful manner. 12. No Assignment. 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, and any such purported assignment shall be void ab initio. 13. Modifications. This Agreement is 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. Those changes or modifications must be agreed to by Licensee and memorialized by an Amendment to this Agreement executed by both parties. If Licensee does not agree to any of the proposed modifications, Licensor may terminate this Agreement in accordance with Section 7, unless a shorter termination notice period is required to prevent Licensor from becoming or remaining of compliance with a law or regulatory requirement. Further, the provisions of this 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 CPUC General Order No. 95. IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above written. LICENSOR: LICENSEE: SOUTHERN CALIFORNIA EDISON CIT COMPANY By: Name: Its: ATTEST: Name: ALVARO NUNEZ Its: City Manager RECOMMENDED FOR APPROVAL: L�JENNIIE L. LROBERT RODRIGUEZit Chief of Police APPROVED AS TO FORM: SONIA R. CARVALHO City/ torney / TAMARA BOGOSIAN Senio( Assistant City Attorney EXHIBIT TO THE MASTER POLE LICENSE AGREEMENT FOR LAW ENFORCEMENT SCE Surveillance Camera Request Procedures For Law Enforcement Use When the need arises to have a pole camera installed on SCE property, follow the following procedures. 1. Execute (or have already executed) the Master Pole License Agreement for Law Enforcement. 2. Call SCE Corporate Security to inform them of your request. • SCE Regional Security Managers assigned to this duty are Stephan Hunt at 626-302-2802 and Jones Moy at 626-302-7870. In case of an emergency request, you can contact the Edison Security Operations Center (ESOC) 24x7 at (626) 815-5611. 3. Submit your Request by submitting the following information on your department letterhead signed by an authorized representative for each surveillance camera installation: • Pole number(s) Address or cross streets if no address, including the City where poles will be located • Pole cam weight, size, and voltage requirements • Department point of contact name, phone number and email • Master Pole License Agreement for Law Enforcement for pole camera installation if current one is not already on file with SCE (must be updated every three years) 4. Include the business reason for your request (e.g., looking for an arson suspect). This portion of the request will not be shared and is kept confidential within Corporate Security. S. Email a scanned version of the signed request to SCEPOLECAM.ccm. 6. When your request is received, the agent will forward the request to an SCE Field Service Planner to evaluate and determine if the surveillance camera installation is possible for the site requested. NOTE: There are several issues that need to be evaluated prior to giving authorization to place the surveillance camera such as, pole camera weight, size, overall condition of the pole, and the availability of the proper voltage to run the pole cam. 7. Upon receiving the release from the Edison Service Planner, the agent will advise you via e-mail and by phone whether the pole can accommodate the camera and if the proper voltage is available. 8. If installation of the pole camera(s) is/are approved, you must use a well -qualified electrical installer to install the camera from the approved SCE list of contractors authorized to work on SCE poles. Your agency will incur all costs for the surveillance camera installation. 9. Pole cameras can be left on the pole for a maximum of 90 days. Any further usage beyond the 90 days must be accompanied by a second letter requesting additional time for the pole camera. This second request must be also sent to SCE Corporate Security. ©SOUTHFRN CALIFORNIA EDISON' 6 M F.OISON NTFA.W1aOF\L Gognp Pmtetlingpeople.Protecbngassels.Prote<bngyoo. EXHIBIT B TO THE MASTER POLE LICENSE AGREEMENT FOR LAW ENFORCEMENT APPROVED CONTRACTOR LIST LINE CONSTRUCTION CONTRACTOR Contact Phone Email .SPLUNDH CONSTRUCTION CORP Gregg Kludjian 213-999-6959 Rkludiian@asplundh.com ONTRA COSTA ELECTRIC INC Cory Berkfield 661-859-9583 core berkfield(@emcorsroup.com )IVERSIFIED UTILITY SERVICES INC AJ Zartman 661-342-6831 aiz@dusil.com IAMPTON TEDDER ELECTRIC OMPANY Steve Hernandez 909-224-1628 steve.hernandez@hamptontedder. IENKELS & MC COY INC Chad Overacker 909-660-0964 coveracker@henkels.com IERMAN WEISSKER Marty Roper 951-202-2192 MRoper(a@hermanweissker.com IOT LINE CONSTRUCTION INC Jerad Simmons 925-642-9826 JSimmons@HOTLINECONSTRUCTIO AR ELECTRICAL CONTRACTORS INC Travis Walser 951-712-8466 TWalser@ParElectric.com ITY LIGHT & POWER Felix Zapata 562-714-9753 fez@clpinc.com AITH ELECTRIC Elijah Adams 909-767-2682 eliiah@faithelectricllc.com IUTSOURCE UCC Matt Bates 310-490-0108 matt@outsourceucc.com TURGEON ELECTRIC CO INC Richard Reyes 909-557-5303 RReyes@myrarouo.com