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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