20-0817_NEW CINGULAR WIRELESS PCS, LLC_Staff MemoMEMORANDUM August 17, 2020
TO: Benjamin Siegel, City Manager
FROM: Tom Toman, Public Works Director Y
PREPARED BY George Alvarez, Project Manager
SUBJECT: AT&T Municipal Facility License Agreement
Attached for your signature is the AT&T Municipal Facility License Agreement (MLA).
On September 17, 2019, the City Council approved a template MLA for the installation
of wireless facilities on City infrastructure in the public right-of-way and authorized the
City Manager to make minor revisions to the template, including carrier specific
insurance terms, with the approval of the City Attorney. The staff report clarified that any
material revisions would be brought back to City Council for approval. During the past
eight months, staff and the City Attorney's office have conferred with AT&T
representatives to address AT&T's specific issues with the template. After a substantial
amount of correspondence and negotiations, the parties agreed to non -material
changes to: amend the definition of "Services" in Section 1.10; add new language to
Section 4.2 ("Additional Authority"); and amend Section 8 ("Insurance"). The City
Attorney's office has reviewed the changes and agrees that the changes can justifiably
be classified as non -material. However, the City Attorney's office stated that they
ultimately defer to City staffs judgment if City staff would prefer to take the template
back to City Council for approval. Staff agrees that the changes are minor revisions
and doesn't need City Council approval.
Once the City Manager approves the MLA, we anticipate AT&T will be submitting
applications to install small cell facilities on City -owned street light poles. Public Works
will review each location to make certain they are in compliance with City's design and
development standards and keep you appraised of the locations. Please let me know if
you have any questions.
Attachment: Municipal Facility License Agreement