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Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole
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Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole
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10/8/2020 3:56:54 PM
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10/8/2020 3:43:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
9/28/2020
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8E Consent 2020 0928
(Approved by)
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\City Clerk\City Council\Agenda Packets\2020\Packet 2020 0928
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by Licensee, the City agrees to promptly reimburse to Licensee the amount of said <br />reduction, credit or repayment. In the event that Licensee does not have the standing rights <br />to pursue a good faith and reasonable dispute of any taxes under this paragraph, the City <br />will pursue such dispute at Licensee's sole cost and expense upon written request of <br />Licensee. <br />12.2.3 Intentionally Omitted. <br />12.2.4 Intentionally Omitted. <br />12.2.5 Intentionally Omitted. <br />12.2.6 Use of City Electricity. For a location where Licensee's Equipment will be <br />powered from a street light circuit that is currently connected to a City -operated electrical <br />meter, the cost of said electricity is assumed to be included in the License Fee paid to <br />City, and no sub -metering or incremental payment for electricity will be required. <br />13 COMPLIANCE WITH LAWS <br />13.1 Current and Future Laws. <br />Licensee shall install, use, and maintain the Equipment in strict compliance with Laws <br />and conditions to Regulatory Approvals relating to the use or occupancy of the <br />License Area, including all Laws relating to health, safety, and radio signal <br />transmission. Any work or installations made or performed by or on behalf of Licensee <br />or any person or entity claiming through or under Licensee is subject to applicable <br />Laws. <br />13.2 Personnel Safety Training. <br />13.2.1 CPUC Certification. Licensee shall ensure that all persons installing, <br />operating, or maintaining its Equipment are appropriately trained and licensed by the <br />California State Contractors Licensing Board and as required by applicable regulations <br />and rules of the California Public Utilities Commission (the "CPUC"). Licensee shall <br />ensure that these persons are trained in and observe all safety requirements established <br />by the City, the CPUC, and the California Division of Occupational Safety & Health, <br />Department of Industrial Relations, including site orientation, tag -out lock -out de- <br />energization rules, ladder and lift restrictions, and sidewalk and street right-of-way safety <br />requirements. <br />13.2.2 Licensee's Indemnity. During any period when Licensee or any Agent of <br />Licensee is installing, operating, or maintaining its Equipment, Licensee acknowledges <br />and agrees that the City has delegated control of the License Area to Licensee, which will <br />be solely responsible for any resulting injury or damage to property or persons, except for <br />injury or damage resulting from the City's negligence, recklessness, or willful misconduct. <br />The City is not a co -employer of any employee of Licensee or any employee of Licensee's <br />Agents, and the City will not be liable for any Claim of any employee of Licensee or any <br />employee of Licensee's Agents, except for Claims arising from the City's negligence, <br />recklessness, or willful misconduct. Licensee agrees to Indemnify the City fully (as <br />provided in Article 18 (Indemnification)) against any Claim brought by any employee of <br />Licensee, any employee of Licensee's Agents, or any third party arising from or related to <br />Licensee's access to and use of the License Area and other activities of Licensee or its <br />Agents in or around the License Area, except to the extent the Claims result from the <br />City's negligence, recklessness, or willful misconduct. <br />23 <br />
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