HomeMy WebLinkAboutStudy Session Council Meeting 10-10-2017 MARANA AZ
ESTABLISHED 1977
MARANA TOWN COUNCIL
STUDY SESSION
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 10, 2017, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. § 3 8-431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
October 10, 2017, at or after 6:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting the Town
Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the
accommodation.
This Notice and Agenda posted no later than Monday, October 9, 2017, 6:00 PM, at the Marana
Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina
Road, and at www.maranaaz.gov under Agendas and Minutes.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
Marana Study Session Council Meeting 10/10/2017 Page 1 of 144
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing
at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers
and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals
addressing a meeting at the Call to the Public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities
in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the
Public, individual members of the Council may respond to criticism made by those who
have addressed the Council, and may ask staff to review the matter, or may ask that the
matter be placed on a future agenda.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D 1 Relating to Procurement; consideration, discussion, and direction regarding
proposed comprehensive rewrite of Chapter 3-4 (Purchasing) of the Marana Town
Code (Erik Montague and Jane Fairall)
D2 Relating to Development and Traffic and Highways; discussion of comprehensive
revisions to regulations of wireless communication facilities in the Marana land
development code and in the Town Code's right-of-way regulations (Frank Cassidy &
Jane Fairall)
D3 Relating to Development; discussion of proposed comprehensive revisions to the Land
Development Code's sign regulations (Frank Cassidy & Brian Varney)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
Executive Session pursuant to A.R.S. §38-431.03 ( Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more
Council members request that an item be placed on the agenda, it must be placed on the agenda for the
second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section
2-4-2(B).
ADJOURNMENT
Marana Study Session Council Meeting 10/10/2017 Page 2 of 144
MARANA AZ
ESTABLISHED 1977
Council-Study Session DI
Meeting Date: 10/10/2017
To: Mayor and Council
From: Jane Fairall,Deputy Town Attorney
Date: October 101 2017
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Procurement;consideration,discussion,and direction regarding proposed comprehensive rewrite of Chapter
3-4(Purchasing)of the Marana Town Code(Erik Montague and Jane Fairall)
Discussion:
For more than a year,staff from the Finance and Legal Departments have been working on a comprehensive rewrite of Chapter 3-4 of the
Marana Town Code regarding procurement. Chapter 3-4 has not been substantively revised since 2005.
As a starting point for this comprehensive overhaul,staff used the American Bar Association's(ABA)2000 Model Procurement Code for State
and Local Governments,which has been adopted in whole or in part by the state of Arizona and many municipalities in Arizona and around the
country. The ABA model code provides:(1)the statutory principles and policy guidance for managing and controlling the procurement of
supplies,services,and construction for public purposes;(2)administrative and judicial remedies for the resolution of controversies relating to
public contracts;and(3)a set of ethical standards governing public and private participants in the procurement process.The Code was
approved by the policymaking body of the American Bar Association on July 11,2000,and represents official ABA policy in this area of the
law.
The table below reflects a summary of some of the more significant proposed changes to current code or practice.
Section General New/UpdateAdditional Information
Reference
1
3-4-7 Town council New Requires Town Council approval for purchases over$50,000 if not in adopted
approval budget;for purchases that exceed budgeted amount by more than$50,000;and
for change orders that individually or cumulatively exceed$50,000
3-4-8 Town manager New Allows Town Manager or designee to approve any purchase up to$50,000;any
approval purchase authorized in the adopted budget and not more than$50,000 higher
than the budgeted amount;and change orders that individually or cumulatively
total$505000 or less
3-4-12 Electronic i New Incorporates wording which conforms with state law and provides flexibility to
transmissions accept electronic submissions
3-4-13; Ethics New Intended to bring forward clarity and the importance of ethics in the procurement
3-4-14 process and remedies for breaches
1 -1 IF
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Self-performance Incorporates dollar limits in state law regarding the amount of work that can be
3-4-15.0 limits New performed by Town employees for public improvement projects
3-4-19 Small purchases Update -Changed small dollar threshold from$1,000 to$2,500
-Changed formal competitive bid threshold from those exceeding$10,000 to
exceeding$25,000
-Under the changes,not less than three businesses must be solicited for
purchases in excess of$2,500 but not exceeding$25,000
3-4-22 Used items Update Allows for the purchase of used items with Town Manager's approval;currently,
Council's approval is required
3-4-32 Specifications New Incorporates requirements to ensure that specifications are created which
maximize overall competition and that the use of brand names is generally
intended for reference only
3-4-33 Small/Disadvantaged New Incorporates flexible language regarding policies and related efforts
businesses
3-4-34 B drotests New incorporates language setting forth the timelines and process for bid protests
To assist in understanding the impact of the proposed changes to the small purchase amounts(new Section 3-4-19),the table below represents
an invoice line item detail from calendar years 2015-2017(approximately 2 1/2 years of data). The table groups transactions based upon
invoice line item dollar amount. For example,transactions between$0-2,500 represent 92%of the detailed transaction volume,but only 8%of
the spend.
Invoice Years 2015-2017
Invoice RanQe Count of InvoicesSum of Invoices%of Count %of Saend
$0-2500 30,631 $8,203,337 92% 8%
$2500-5000 909 $3,105,040 3% 3%
$5000-25000 1,208 $13,336,215 4% 14%
>$25000 567 $71,935,297 2% 74%
Total 33,315 $96,579,889
Staff seeks Council feedback on the proposed changes and anticipates bringing the revised Chapter 3-4 to Council for adoption during this
calendar year 2017. A copy of the draft Chapter 3-4 is attached.
Financial Impact:
The intent of these changes is to provide greater efficiency and transparency in the procurement of goods and services which,in turn,will
provide for greater value for the public.
Staff Recommendation:
Staff recommends that the comprehensive rewrite of Chapter 3-4(Purchasing)of the Marana Town Code be brought back to Council for
adoption at an upcoming Council meeting.
Suggested Motion:
Council's pleasure.
Attachments
Draft Chapter 3-4 Procurement Code
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
[Table of contents is for drafting purposes only; it will be deleted from the adopted version]
chapter3-4. Procurement.................................................................................................................1
I. General provisions.......................................................................................................................1
3-4-1 Short title.....................................................................................................................1
3-4-2 Purpose........................................................................................................................1
3-4-3 Supplementary general principles of law applicable ........................................................1
3-4-4 Requirement of good faith.............................................................................................1
3-4-5 Definitions ...................................................................................................................1
3-4-6 Applic at ion; e xc lus ions.................................................................................................4
II.Procurement organization............................................................................................................4
3-4-7 Town council approval..................................................................................................4
3-4-8 Town manager approval................................................................................................5
3-4-9 Authority of purchasing director....................................................................................5
3-4-10 Determinations.............................................................................................................6
3-4-11 Public access to procurement information.......................................................................6
3-4-12 Authorization for the use of electronic transmis s ions.......................................................6
III. Ethics.......................................................................................................................................6
3-4-13 Ethical standards ..........................................................................................................6
3-4-14 Recovery of value transferred or received in breach of ethical standards...........................7
IV. Source selection and contract formation......................................................................................8
3-4-15 Public improvements ....................................................................................................8
3-4-16 Competitive sealed bidding ...........................................................................................8
3-4-17 Competitive sealed proposals ......................................................................................10
3-4-18 Professional services contracts; statements of qualifications ..........................................11
3-4-19 Small purchases..........................................................................................................12
3-4-20 Sole source procurement.............................................................................................13
3-4-21 Emergency procurements............................................................................................13
3-4-22 Used items.................................................................................................................14
3-4-23 Cooperative purchasing...............................................................................................14
3-4-24 Cancellation of invitations for bids or requests for proposals .........................................14
3-4-25 Determination of nonresponsibility; right of nondisclosure............................................14
3-4-26 Bid and contract security.............................................................................................15
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
3-4-27 Types of contracts.......................................................................................................15
3-4-28 Multi-year contracts....................................................................................................15
3-4-29 Reporting of anticompetitive practices.........................................................................16
3-4-30 Retention of procurement records................................................................................16
3-4-31 Supply management....................................................................................................16
3-4-32 Specifications.............................................................................................................16
3-4-33 Assistance to small and disadvantaged businesses.........................................................17
V. Legal and contractual remedies .................................................................................................18
3-4-34 Bid protests................................................................................................................18
3-4-35 Debarment or suspension ............................................................................................19
3-4-36 Contract claims...........................................................................................................20
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
SECTION 1. Marana. Town Code Title 3 (Administration) is hereby amended to delete
existing Chapter 3-4 (Purchasing) in its entirety and to replace it with new Chapter 3-4
(Procurement) as follows:
CHAPTER 3-4. PROCUREMENT
I. GENERAL PROVISIONS
3-4-1 Short title
This chapter may be cited as the town of Marana procurement code.
3-4-2 Purpose
It is the purpose and intent of this chapter to:
A. Simplify, clarify, and modernize the laws governing town procurement.
B. Permit the continued development of procurement policies and practices.
C. Foster and maintain public confidence in the procurement process.
D. Ensure the fair and equitable treatment of all persons involved in the town's
public procurement process.
E. Maximize the purchasing value of public funds through competitive
procurement practices.
F. Provide a procurement system of quality, integrity, and transparency.
G. Obtain in a cost-effective and responsive manner the materials, services, and
construction required by the town to better serve the town's businesses and
residents.
H. Ensure the proper disposal of property, equipment and materials that are no
longer of value to the town.
3-4-3 Supplementary general principles of law applicable
Unless displaced by the particular provisions of this chapter, the principles of
law and equity,including the uniform commercial code of this state,the common
law of contracts as applied in this state and law relative to agency, fraud,
misrepresentation, duress, coercion and mistake supplement the provisions of
this chapter.
3-4-4 Requirement of good faith
All parties involved in the negotiation, performance, or administration of town
contracts are required to act in good faith.
3-4-5 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates otherwise.
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
A. "Business" means any corporation, partnership, individual, sole
proprietorship,joint stock company,joint venture, or any other legal entity.
B. "Change order" means a written document authorized by the purchasing
director which directs the contractor to make changes with or without the
consent of the contractor.
C. "Confidential information" means any information which is available to any
employee only because of the employee's status as an employee of the town
and is not a matter of public knowledge or available to the public on request.
D. "Construction"means the process of building, altering, repairing, improving
or demolishing any public structure or building or other public
improvements of any kind to any public real property. It does not include the
routine operation,routine repair or routine maintenance of existing facilities,
structures, buildings or real property.
E. "Contract" means all types of agreements, regardless of what they may be
called, for the procurement of supplies, services, or construction.
F. "Contract modification"or"bilateral change"means any written alteration in
specifications, delivery point, rate of delivery, period of performance, price,
quantity,or other provisions of any contract accomplished by mutual action
of the parties to the contract.
G. "Contractor" means any person having a contract with the town.
H. "Cooperative purchasing"means procurement conducted by,or on behalf of,
one or more public procurement units, including the state of Arizona, any
other state, an agency of the United States, any political subdivision of the
state of Arizona or another state, any agency, board, department or other
instrumentality of such political subdivision, and any nonprofit corporation
created solely for the purpose of administering a cooperative purchase.
I. "Design services" means architect services, engineer services or landscape
architect services.
J. "Disadvantaged business' means a small business owned or controlled by a
majority of persons including but not limited to members of minority groups
who have been deprived of the opportunity to develop and maintain a
competitive position in the economy because of social disadvantages.
K. "Employee" means an individual drawing a salary or wages from the town,
whether elected or not; any non-compensated individual performing
personal services for the town or any department, agency, commission,
council, board, or any other entity established by the executive or legislative
branch of the town; and any non-compensated individual serving as an
elected official of the town.
L. "Gratuity" means a payment,loan,subscription, advance, deposit of money,
service,or anything of more than nominal value, present or promised, unless
consideration of substantially equal or greater value is received.
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
M. "Invitation for bids" means all documents,whether attached or incorporated
by reference, used for soliciting bids.
N. "Person" means any business, individual, union, committee, club, other
organization, or group of individuals.
O. "Procurement" means buying, purchasing, renting, leasing or otherwise
acquiring any materials, services, construction or construction services.
Includes all functions that pertain to obtaining any materials, services,
construction or construction services, including description of requirements,
selection and solicitation of sources, preparation and award of contract and
all phases of contract administration.
P. "Public notice" means the distribution or dissemination of information to
interested parties using methods that are reasonably available, including
publication in newspapers of general circulation, electronic or paper mailing
lists, and web sites designated by the town and maintained for that purpose.
Q. "Purchasing director" means the town's finance director or the finance
director's designee.
R. "Request for proposals" means all documents, whether attached or
incorporated by reference, utilized for soliciting proposals.
S. "Responsible bidder or offeror" means a person who has the capability in all
respects to perform fully the contract requirements, and the experience,
integrity, reliability, capacity, facilities, equipment, and credit which will
assure good faith performance.
T. "Responsive bidder" means a person who has submitted a bid which
conforms in all material respects to the requirements set forth in the
invitation for bids.
U. "Services" means the furnishing of labor, time or effort by a contractor or
subcontractor that does not involve the delivery of a specific end product
other than required reports and performance. This term shall not include
employment agreements or collective bargaining agreements.
V. "Small business" means an independently owned business not dominant in
its field of operation and not affiliated with or subsidiary to a business
dominant in its field of operation.
W. "Specification" means any description of the physical or functional
characteristics or of the nature of a supply, service, or construction item. It
may include a description of any requirement for inspecting, testing, or
preparing a supply, service, or construction item for delivery.
X. "Supplies" means all property, including but not limited to equipment,
materials,printing,insurance,and leases of real property,excluding land or a
permanent interest in land.
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
Y. "Surplus supplies" means any supplies no longer having any use to the
town, including obsolete supplies, scrap materials, and supplies that have
completed their useful life cycle.
Z. "Technical registrant" means a person who provides any of the professional
services listed in Arizona revised statutes,title 32,chapter 1,as amended,and
includes,but is not limited to,architects,assayers, engineers, geologists, land
surveyors and landscape architects.
3-4-6 Application;exclusions
A. This chapter shall apply to:
1. Every expenditure of public funds for the procurement of supplies,
services, and construction entered into by the town irrespective of the
source of the funds, unless otherwise specified in this code. Nothing in
this chapter shall prevent the town or any department from complying
with the terms and conditions of any grant, gift, or bequest that is
Otherwise consistent with law.
2. The inventory and disposal of town materials and supplies, unless
otherwise provided by law.
B. This chapter shall not apply to:
1. Contracts between the town and the federal government, the state of
Arizona and political subdivisions of the state of Arizona, except as
provided in this procurement code.
2. Contracts for expert services, if the purpose of such services is to provide
for professional services relating to an existing or probable lawsuit in
which the town is or may become a party or to contracts for special
investigative services for law enforcement or administrative investigation
purposes.
3. Agreements negotiated by legal counsel representing the town in
settlement of pending litigation or threatened litigation.
4. Development agreements, as defined in Arizona revised statutes section
9-500.05, as amended.
5. Contracts for the purchase or sale of real property and ancillary services
related thereto, such as title insurance, appraisals or environmental
assessments to the extent that they are negotiated in connection with a
contract for purchase or sale of real property.
II. PROCUREMENT ORGANIZATION
3-4-7 Town council approval
A. The town council approves purchases by or on behalf of the town through
inclusion of the purchase in the town's legally adopted annual budget.
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
B. Notwithstanding other provisions of this chapter, separate town council
approval of purchases is required in the following instances:
1. Where prior approval is required by state law or town code.
2. Where the purchase exceeds$50,000 and funds for the purchase are not
provided in the budget as adopted.
3. Where the purchase is authorized in the adopted budget but the funds
exceed the budgeted amount by more than $50,000.
4. For change orders that individually or cumulatively exceed $50,000.
C. A town council resolution or action approving a purchase or contract may
include change order authorization exceeding the amounts otherwise set
forth in this chapter.
3-4-8 Town manager approval
A. The town manager or designee is authorized to approve all of the following
unless prior town council approval is required by state law or town code:
1. Any purchase up to $50,000.
2. Any purchase authorized in the adopted budget and not more than
$50,000 higher than the budgeted amount.
3. Change orders that individually or cumulatively total$50,000 or less.
B. The town manager or designee may approve change orders to public
improvements contracts that exceed the authority otherwise granted by this
section if the town manager reasonably determines that doing so will avoid
unnecessary contractor delay claims or costs or public health or safety
hazards that would otherwise occur while awaiting town council approval,
provided that town council ratification occurs as soon as practicable
thereafter.
3-4-9 Authority of purchasing director
The purchasing director shall have general supervision, responsibility and
authority to:
A. Procure, contract for and execute agreements for supplies and services,
including rentals, service agreements, and leases needed by any town
department, in accordance with this procurement code.
B. Approve and sign change orders to contracts in accordance with this
procurement code.
C. Establish and amend all regulations, forms, procedures and rules necessary
and proper to implement the provisions of this procurement code.
D. Suspend or debar vendors consistent with the provisions of this procurement
code.
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
E. Centralize procurement, consistent with this procurement code, by which
materials, supplies, equipment and contractual services for all town
departments are purchased.
F. Inform town employees and contractors of the ethical standards for public
contracting.
G. Sell, trade,or otherwise dispose of surplus supplies belonging to the town, as
deemed advantageous.
H. Designate another town representative to have the authority to perform any
or all of the above tasks.
3-4-10 Determinations
Written determinations required by this chapter shall be retained in the official
bid file of the purchasing director.
3-4-11 Public access to procurement information
Procurement information shall be a public record and available to the public to
the extent provided in Arizona's public records law.
3-4-12 Authorization for the use of electronic transmissions
The use of electronic media, including acceptance of electronic signatures, is
authorized consistent with applicable statutory, regulatory, or other
authorization and guidance for use of electronic media, and provided that the
electronic media (i) has appropriate security to prevent unauthorized access to
the bidding, approval, and award processes and (ii) can be accurately retrieved
or converted into a medium capable of being inspected and copied.
III.ETHICS
3-4-13 Ethical standards
A. It is a violation of this procurement code:
1. For any person to attempt to or influence any town employee to violate
the provisions of ethical conduct set forth in this procurement code.
2. For any person preparing specifications or plans pursuant to this
procurement code or any policy or procedure of the town to receive any
direct pecuniary benefit from the use of such plans or specifications.
3. For any employee or agent acting on behalf of the town to directly or
indirectly participate in or benefit or receive any pecuniary benefit from a
procurement in violation of state or federal law.
4. For any person to offer, give, or agree to give to any town employee, or
for any town employee to solicit,demand,accept,or agree to accept from
another person, a gratuity or an offer of employment in connection with
any decision, approval, disapproval, recommendation, or preparation of
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
any part of a program requirement or a purchase request, influencing the
content of any specifications or procurement standard, or advice,
investigation, auditing, or any other advisory communication or service,
in any proceeding or application,request for ruling, determination, claim
or controversy, or other particular matter, pertaining to any program
requirement or a contract or subcontract, or to any solicitation, bid, or
proposal therefor.
5. For any payment, gratuity or offer of employment to be made by or on
behalf of a subcontractor under a contract to the prime contractor or
higher tier subcontractor or any person associated therewith, as an
inducement for the award of a subcontract or order. Violation of this
standard shall constitute grounds for termination of a contract with the
town and debarment of the vendor from doing any further business with
the town.
6. For a person to be retained, or to retain a person, to solicit or secure a
town contract upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee, except for retention of bona fide
established selling agencies for the purpose of securing business.
7. For any employee who is participating directly or indirectly in a
procurement process to become the employee of any person under
contract with the town concerning any matters that the employee
participated in during the same procurement process for a period of 12
months following his or her employment with the town.
8. For any employee or former employee of the town to disclose or use
confidential information acquired by the employee in the performance of
the employee's official duties for anticipated pecuniary benefit, or for the
actual or anticipated pecuniary benefit of any person.
B. It is no defense to a violation of this section that the employee to whom a
benefit or offer of employment was made was not qualified to act in the
desired manner.
C. An employee or person may violate this section by intentionally or
knowingly engaging in a violation or by recklessly or negligently engaging in
a violation.
3-4-14 Recovery of value transferred or received in breach of ethical
standards
A. The value of anything transferred or received in breach of the ethical
standards of this chapter by a town employee or a nonemployee may be
recovered from both the town employee and the nonemployee.
B. Upon a showing that a subcontractor made a kickback to a prime contractor
or a higher tier subcontractor in connection with the award of a subcontract
or order thereunder, it shall be conclusively presumed that the amount
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
thereof was included in the price of the subcontract or order and ultimately
borne by the town and will be recoverable from the recipient. In addition,
that amount may also be recovered from the subcontractor making the
kickbacks. Recovery from one offending party shall not preclude recovery
from other offending parties.
IV. SOURCE SELECTION AND CONTRACT FORMATION
3-4-15 Public improvements
A. Procurement of public improvements contracts. The town shall procure all
contracts for construction for public improvement projects in the manner
prescribed by title 34 of the Arizona revised statutes, as amended. If public
competitive bidding is not required pursuant to state law, then the
requirements of this chapter shall apply. If there is a conflict between this
chapter and Arizona revised statutes, title 34, as amended, the provisions of
title 34 shall govern.
B. Procurement of construction services. Contracts for construction services
shall be solicited through a design-build,construction-manager-at-risk or j ob-
order-contracting selection process utilizing a request for qualifications
except as otherwise provided for in this chapter.The procurement agent shall
award and administer contracts for construction services in accordance with
the requirements of A.R.S. title 34 and this chapter.
C. Construction by town employees. Any building, structure, addition or
alteration may be constructed either with or without the use of the town's
regularly employed personnel without advertising for bids; provided, that
the total cost of the work, excluding materials and equipment previously
acquired by bid, does not exceed limits established in A.R.S. § 34-201.
3-4-16 Competitive sealed bidding
A. Conditions for use. Contracts shall be awarded by the use of competitive
sealed bidding except as otherwise provided in this procurement code.
B. Invitation for bids. An invitation for bids shall be issued and shall include
specifications, and all contractual terms and conditions applicable to the
procurement.
C. Public notice. Public notice of an invitation for bids shall be in a manner that
is reasonable in the judgment of the purchasing director, given the
commercial context of the proposed purchase.
1. The public notice shall state the date, time, and place of bid opening.
2. Notice may be given in any publication of general circulation that is
reasonably available to prospective bidders in the judgment of the
purchasing director.
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3. For purposes of this paragraph, reasonable notice shall be defined as not
less than ten calendar days.
D. Bid opening. Bids shall be opened publicly in the presence of one or more
witnesses at the time and place designated in the invitation for bids.
1. The amount of each bid, and such other relevant information as the
purchasing director deems appropriate, together with the name of each
bidder, shall be recorded.
2. The record of bids shall be open to public inspection immediately, but
individual bids shall be open to public inspection only after the contract
is awarded.
E. Bid acceptance and bid evaluation. Bids shall be unconditionally accepted
without alteration or correction, except as authorized in this chapter.
1. Bids shall be evaluated based on the requirements set forth in the
invitation for bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose.
2. Those criteria that will affect the bid price and be considered in the
evaluation for award shall be objectively measurable, such as discounts,
transportation costs, and total or life cycle costs.
3. The invitation for bids shall set forth the evaluation criteria to be used.
4. No criteria may be used in bid evaluation that are not set forth in the
invitation for bids.
F. Correction or withdrawal of bids; cancellation of awards. Corrections or
withdrawal of inadvertently erroneous bids before or after bid opening, or
cancellation of awards or contracts based on such bid mistakes, may be
permitted where appropriate in the purchasing director's sole discretion. All
decisions to permit the correction or withdrawal of bids, or to cancel awards
or contracts based on bid mistakes, shall be supported by a written
determination made by the purchasing director.
1. Mistakes discovered before bid opening may be modified or withdrawn
by written notice received in the office designated in the invitation for
bids prior to the time set for bid opening.
2. After bid opening, corrections in bids shall be permitted only to the
extent that the bidder can show by clear and convincing evidence that a
mistake of a nonjudgmental character was made, the nature of the
mistake, and the bid price actually intended.
3. After bid opening, no changes in bid prices or other provisions of bids
prejudicial to the interest of the town or fair competition shall be
permitted.
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4. In lieu of bid correction, a low bidder alleging a material mistake of fact
may be permitted to withdraw its bid if:
a. The mistake is clearly evident on the face of the bid document but the
intended correct bid is not similarly evident; or
b. The bidder submits evidence that clearly and convincingly
demonstrates that a mistake was made.
G. Award.
1. The contract shall be awarded with reasonable promptness by written
notice to the lowest responsible and responsive bidder whose bid meets
the requirements and criteria set forth in the invitation for bids.
2. If the low responsive and responsible bid for a construction project
exceeds available funds as determined by the purchasing director, the
purchasing director is authorized,when time or economic considerations
preclude resolicitation of work of a reduced scope, to negotiate an
adjustment of the bid price with the low responsive and responsible
bidder, in order to bring the bid within the amount of available funds.
H. Multi-step sealed bidding. When it is considered impractical to initially
prepare a purchase description to support an award based on price, an
invitation for bids may be issued requesting the submission of unpriced
offers to be followed by an invitation for bids limited to those bidders whose
offers have been determined to be technically acceptable under the criteria set
forth in the first solicitation.
3-4-17 Competitive sealed proposals
A. Conditions for use. When the purchasing director or authorized designee
determines that the use of competitive sealed bidding is either not practicable
or not advantageous to the town,a contract may be entered into by use of the
competitive sealed proposals or other approved methods.
B. Requests for proposals. Proposals shall be solicited through a request for
proposals.
C. Public notice. Adequate public notice of the request for proposals shall be
given in the same manner as provided in section 3-4-16 C.
D. Receipt of proposals. Proposals shall be submitted at the time and place
designated in the public notice.
1. Proposals shall be opened so as to avoid disclosure of the contents of any
proposal to competing offerors during the process of negotiation.
2. A register of proposals shall be prepared containing the name of each
offeror, the number of modifications received, if any, and a description
sufficient to identify the item offered.
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3. The register of proposals shall be open for public inspection only after
contract award.
E. Evaluation factors. The request for proposals shall state the relative
importance of price and other evaluation factors; specific numerical
weighting is not required.
F. Discussion with responsible offerors and revisions to proposals. Discussions
may be conducted with responsible offerors who submit proposals
determined to be reasonably susceptible of being selected for award for the
purpose of clarification to assure full understanding of, and conformance to,
the solicitation requirements.
1. Offerors shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of proposals.
2. Revisions may be permitted after submissions and prior to award for the
purpose of obtaining best and final offers.
3. In conducting discussions,there shall be no disclosure of any information
derived from proposals submitted by competing offerors.
G. Award. The award shall be made to the responsible and responsive offeror
whose proposal is determined,in writing,to be the most advantageous to the
town and to best meet the overall needs of the town taking into consideration
the evaluation factors set forth in the request for proposals.
1. No other factors or criteria may be used in the evaluation other than as
set forth in the request for proposals.
2. The contract file shall contain the basis upon which the award is made.
H. Debriefings. The purchasing director is authorized to provide debriefings
that furnish the basis for the source selection decision and contract award.
3-4-18 Professional services contracts;statements of qualifications
A. Technical registrants. The town shall procure professional services from
technical registrants in the manner prescribed by title 34, chapter 6 of the
Arizona revised statutes, as amended, if either of the following applies:
1. The contract is with a technical registrant other than an architect and is
for an amount of more than $500,000.
2. The contract is with an architect and is for an amount of more than
$250,000.
B. Professional legal services. The town attorney is authorized to directly select
legal counsel for any legal matters involving the town.
C. Other professional services. Except as provided in paragraphs A and B of this
section, the town may procure professional services by soliciting statements
of qualifications for providing such services; provided, however, that the
town may procure professional services by direct selection pursuant to
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EXHIBIT A TO MARANA RESOLUTION NO. 2 017-xxx
Amendments to the Manana Town Code, Title 3 "Administration"
Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.xx
administrative regulations promulgated by the purchasing director. The
procurement of professional services through the use of statements of
qualifications shall be as follows:
1. The purchasing director or authorized designee shall give adequate
notice of the need for such services through a request for qualifications or
request for proposals. The request shall describe the services required, list
the types of information and data required of each offeror, and state the
relative importance of particular qualifications.
2. Persons engaged in providing the designated types of professional
services may submit statements of qualifications in providing such
professional services. The town shall supply a uniform format for
statements of qualifications based upon department needs.
3. The purchasing director or authorized designee shall appoint a
committee to review qualifications. The committee shall consist of the
purchasing director or authorized designee and one or more
professionals licensed, registered or admitted to the profession which is
the subject of the procurement. Discussions with offerors who submit
proposals may be conducted to determine qualifications for further
consideration.Award shall be made to the offeror determined in writing
to be the best qualified. Compensation shall be negotiated after an award
is made.
4. The purchasing director or authorized designee shall conduct
negotiations with the offeror determined to be the most qualified to
establish fair and reasonable compensation. If compensation cannot be
agreed upon with the best qualified offeror, then negotiations will be
formally terminated with the selected offeror. If proposals were
submitted by one or more other offerors determined to be qualified,
negotiations may be conducted with such other offeror or offerors, in the
order of their respective qualification ranking, and the contract may be
awarded to the offeror then ranked best qualified if the amount of
compensation is determined to be fair and reasonable.
5. The contract award shall be made to the offeror determined in writing by
the purchasing director or authorized designee to be best qualified based
upon:
a. The evaluation factors set forth in the request f or qualifications or
request for proposals; and
b. Agreement between the town and the offeror as to fair and reasonable
compensation.
3-4-19 Small purchases
A. Any procurement not exceeding$25,000 may be made in accordance with the
small purchase procedure authorized in this section.
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B. For small purchases in excess of$2,500 no fewer than three businesses shall
be solicited to submit quotations.
1. In awarding contracts for services, in addition to quoted fees, the
purchasing director may consider the relative qualifications of businesses
submitting quotes.
2. Award shall be made to the business offering the lowest acceptable
quotation.
3. The names of the businesses submitting quotations, and the date and
amount of each quotation, shall be recorded and maintained as a public
record.
C. The purchasing director shall adopt operational procedures for small
purchases of$2,500 or less.
1. The operational procedures shall provide for obtaining adequate and
reasonable competition for the supply or service being purchased.
2. The operational procedures shall require the preparation and
maintenance of records adequate to document the competition obtained,
to properly account for the funds expended, and to facilitate an audit of
the small purchase made.
D. Contract requirements shall not be artificially divided so as to constitute a
small purchase under this section.
3-4-20 Sole source procurement
A. A contract may be awarded without competition when the purchasing
director determines, after conducting a good faith review of available
sources, that there is only one source for the required supply, service, or
construction item, or no reasonable alternative sources exist.
B. The purchasing director shall conduct negotiations, as appropriate, as to
price, delivery, and terms.
C. A record of sole source procurements shall be maintained as a public record
and shall list each contractor's name, the amount and type of each contract,
and a listing of the item(s) procured under each contract
3-4-21 Emergency procurements
A. Notwithstanding any other provisions of this chapter, the purchasing
director may make or authorize others to make emergency procurements of
supplies, services, or construction items when there exists a threat to public
health, welfare, or safety.
B. Emergency procurements shall be made with such competition as is
practicable under the circumstances.
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C. A record of each emergency procurement shall be maintained as a public
record and shall list each contractor's name, the amount and type of each
contract, a listing of the item(s) procured under the contract, and a written
determination of the basis for the emergency and for the selection of the
particular contractor.
3-4-22 Used items
Upon compliance with this section and after determining in writing that it is in
the town's best interests, the purchasing director may make or authorize others
to make procurements of used items.
A. The purchasing director may waive or modify any or all bid procedures with
respect to the used items.
B. The purchasing director's written determination shall not be made without
the approval of the town manager.
C. This section does not apply to any procurement the town attorney
determines in writing to be contrary to applicable law.
3-4-23 Cooperative purchasing
A. The purchasing director is authorized to participate in, sponsor, conduct, or
administer a cooperative purchasing agreement for the procurement of any
supplies, services or construction with one or more eligible procurement
units, including a state, another political subdivision of a state, state
cooperatives, and the federal government in accordance with an agreement
entered into between the participants.
B. All cooperative purchasing conducted under this section shall be through
contracts awarded through full and open competition, including use of
source selection methods substantially equivalent to those specified in this
code.
C. The town shall not enter into a cooperative purchasing agreement for the
purpose of circumventing this chapter.
3-4-24 Cancellation of invitations for bids or requests for proposals
A. An invitation for bids, a request for proposals, or other solicitation may be
cancelled,or any or all bids or proposals may be rejected in whole or in part
as may be specified in the solicitation, when the purchasing director
determines it is in the best interests of the town to do so.
B. The reasons for the cancellation or rejection shall be made part of the contract
file.
3-4-25 Determination of nonresponsibility;right of nondisclosure
A. If a bidder or offeror who otherwise would have been awarded a contract is
found nonresponsible, a written determination of nonresponsibility, setting
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forth the basis of the finding,shall be prepared by the purchasing director. A
copy of the written determination shall be sent to the nonresponsible bidder
or offeror and shall be made part of the contract file.
B. The unreasonable failure of a bidder or offeror to promptly supply
information regarding an inquiry with respect to responsibility may be
grounds for a determination of nonresponsibility.
C. Confidential information furnished by a bidder or offeror pursuant to this
section shall not be disclosed outside of the office of the purchasing director
without prior written consent by the bidder or offeror.
3-4-26 Bid and contract security
A. The purchasing director or authorized designee may require the submission
of security to guarantee faithful bid and contract performance.
B. In determining the amount and type of security required for each bid or
contract,the purchasing director shall consider the nature of the performance
and the need for future protection to the town.
C. The requirement for security must be included in the invitation for bids or
request for proposals.
D. Bid, performance, and payment bonds shall not be used as a substitute for a
determination of bidder responsibility.
E. The purchasing director or authorized designee may waive the security
requirement if he or she finds by clear and convincing evidence that waiver is
in the best interest of the town.
3-4-27 Types of contracts
Subject to the limitations of this section, any type of contract that will promote
the best interests of this town may be used, except that the use of a cost-plus-a-
percentage-of-cost contract is prohibited.
3-4-28 Multi-year contracts
A. Unless otherwise provided by law,a contract for supplies or services may be
entered into for any period of time deemed to be in the best interests of the
town, provided the term of the contract and conditions of renewal or
extension, if any, are included in the solicitation and funds are available for
the first fiscal period at the time of contracting. Payment and performance
obligations for succeeding fiscal periods shall be subject to the availability
and appropriation of funds therefor.
B. A multi-year contract is authorized when:
1. Estimated requirements cover the period of the contract and are
reasonably firm and continuing; and
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2. Such a contract will serve the best interests of the town by encouraging
effective competition or otherwise promoting economies in town
procurement.
C. When funds are not appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal period, the contract shall
be cancelled and the contractor shall be reimbursed for the reasonable value
of any non-recurring costs incurred but not amortized in the price of the
supplies or services delivered under the contract. The cost of cancellation
may be paid from any appropriations available for such purposes.
3-4-29 Reporting of anticompetitive practices
When for any reason collusion or other anticompetitive practices are suspected
among any bidders of offerors, a notice of the relevant facts shall be transmitted
to the state attorney general's office.
3-4-30 Retention of procurement records
All procurement records shall be retained and disposed of in accordance with
records retention guidelines and schedules approved by the state of Arizona.
3-4-31 Supply management
A. The purchasing director shall be responsible for the management of town
supplies during their entire life cycle.
B. The purchasing director may sell, lease, transfer, or dispose of surplus
supplies in accordance with state law,in the best interests of the town,and in
as competitive a manner as the purchasing director determines to be
practicable.
C. No town employee shall be entitled or permitted to purchase any surplus
supplies from the town.
D. Unless otherwise provided by law, all proceeds from the sale of surplus
property will be deposited into the town's general fund. Proceeds from sale
of enterprise, federal, grant or other special designation property will be
reimbursed, less pro-rated selling expenses, to the appropriate fund, after
completion of each sale.
3-4-32 Specifications
A. Preparation. Each solicitation shall include specifications for the supplies,
services, or construction to be provided.
B. Multiple or conflicting provisions.
1. If specifications for a solicitation address the same subject matter as a
provision of this chapter,they shall be harmonized and read together, to
the extent possible.
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2. To the extent a specification directly conflicts with a provision of this
chapter,the provision of this chapter shall control unless the purchasing
director is notified of and approves in writing the conflicting specification
before the contract is awarded.
C. Purchasing director's duties.
1. The purchasing director shall determine and ensure the adequacy of
specifications in solicitations issued under this chapter.
2. The purchasing director shall obtain expert advice and assistance from
the department or departments for whose benefit the solicitation is
occurring in the development of specifications.
3. The purchasing director may delegate in writing to a department head
the authority to prepare and utilize its own specifications.
D. Maximum practicable competition. All specifications shall seek to promote
overall economy for the purposes intended and encourage competition in
satisfying the town's needs, and shall not be unduly restrictive.
E. Specifications prepared by other than town personnel. The requirements of
this article regarding the maximum practicable competition of specifications
shall apply to all specifications prepared other than by town personnel,
including, but not limited to, those prepared by architects, engineers,
designers, and consultants for public contracts,or subcontractors. No person
preparing specifications shall receive any direct or indirect benefit from the
utilization of such specifications.
F. Brand name or equal specification. A brand name or equal specification may
be used to describe the standards of quality, performance, and other
characteristics needed to meet the requirements of a solicitation, and which
invites offers for equivalent products from a manufacturer. Use of a brand
name or equal is not intended to limit or restrict competition.
G. Brand name specification. A brand name specification may be used to
identify the sole acceptable item that meets the town's needs.
1. The using agency requesting a brand name specification shall provide
written evidence to support a brand name determination.
2. A written determination by the procurement agent of the basis for the
brand name shall be maintained as public record.
3. Past success in the material's performance, traditional purchasing
practices, or inconvenience of drawing specifications do not justify the
use of a brand name specification.
3-4-33 Assistance to small and disadvantaged businesses
A. Policy. The town hereby adopts and implements a policy to assist small and
disadvantaged businesses in learning how to do business with the town.
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B. Implementation. Implementing the town's policy to assist small and
disadvantaged businesses, the purchasing director shall do all of the
following:
1. Where feasible, provide appropriate staff to assist small and
disadvantaged businesses in learning how to do business with the town.
2. Give special publicity to procurement procedures and issue special
publications designed to assist small and disadvantaged businesses in
learning how to do business with the town.
3. Compile, maintain, and make available source lists of small and
disadvantaged businesses for the purpose of encouraging procurement
from small and disadvantaged businesses.
4. Include small and disadvantaged businesses on solicitation mailing lists,
where appropriate.
C. Compliance with federal and contract requirements. Where a procurement
involves the expenditure of federal assistance or contract funds, the
purchasing director shall comply with the requirements associated with the
federal assistance or contract funds, even if they mandate actions not
reflected in this chapter.
V.LEGAL AND CONTRACTUAL REMEDIES
3-4-34 Bid protests
A. Any actual or prospective bidder, offeror, or contractor who is aggrieved in
connection with the solicitation or award of a contract may protest to the
purchasing director. The protest shall be submitted in writing within ten
calendar days after the town's issuance of the notice of intent to award
contract.
B. The purchasing director is authorized, prior to the commencement of an
action in court concerning the protest,to take any necessary and appropriate
action to settle and resolve a protest of an aggrieved bidder, offeror, or
contractor, actual or prospective, concerning the solicitation or award of a
contract.
C. If the protest is not resolved by mutual agreement, the purchasing director
shall promptly issue a decision in writing. The decision shall:
1. Sustain or deny the protest;
2. State the reasons for the action taken; and
3. Inform the aggrieved party of its right to judicial review of the matter, if
appropriate.
D. A copy of the decision shall be mailed or otherwise furnished immediately to
the aggrieved party and any other party intervening.
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E. The purchasing director's decision regarding a bid protest shall constitute
final administrative action. The aggrieved party may seek judicial review of
the administrative action in any court of competent jurisdiction.
3-4-35 Debarment or suspension
A. The purchasing director, after consulting with the town attorney, is
authorized to debar or suspend a person for cause from consideration for
award of contracts.
B. A debarment shall be for a period of not more than three years. A suspension
shall be for a period not to exceed three months.
C. The causes for debarment or suspension include the following:
1. Conviction for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or subcontract;
2. Conviction under state or federal statutes of embezzlement,theft,forgery,
bribery, falsification or destruction of records, receiving stolen property,
or any other offense indicating a lack of business integrity or business
honesty which currently,seriously,and directly affects responsibility as a
town contractor;
3. Conviction under state or federal antitrust statutes arising out of the
submission of bids or proposals;
4. Violation of contract provisions,as set forth below,of a character which is
regarded by the purchasing director to be so serious as to justify
debarment action:
a. Deliberate failure without good cause to perform in accordance with
the specifications or within the time limit provided in the contract; or
b. A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one or more contracts, except that
failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor shall not be considered to be a
basis for debarment;
5. Any other cause the purchasing director determines to be so serious and
compelling as to affect responsibility as a town contractor, including
debarment by another governmental entity for any cause listed in this
section; and
6. For violation of the ethical standards set forth in this chapter.
D. The purchasing director shall issue a written notice of intent to debar or
suspend to the person involved. The notice shall include justification for the
debarment or suspension with references to the statutes,ordinances,codes or
substantive policy statements on which the debarment or suspension is
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based. The notice shall be mailed or otherwise furnished immediately to the
person.
E. The person receiving the notice of intent may object to the debarment or
suspension by responding in writing to the purchasing director within 14
calendar days of receipt of the notice. If the person does not object within the
allotted time, the purchasing director shall finalize the debarment or
suspension in the manner set forth in this section.
F. The purchasing director is authorized to take any necessary and appropriate
action regarding the proposed debarment or suspension, including but not
limited to, meeting with the person involved, requesting more information
from the person, or conducting further investigation regarding the reasons
for debarment or suspension.
G. After taking any necessary and appropriate action, the purchasing director
shall issue a written decision to debar or suspend. The decision shall state the
reasons for the action taken and inform the debarred or suspended person of
its rights concerning judicial review.
H. A copy of the written decision shall be mailed or otherwise furnished
immediately to the debarred or suspended person and any other party
intervening.
I. The purchasing director's decision regarding a debarment or suspension
shall constitute final administrative action. The aggrieved party may seek
judicial review of the administrative action in any court of competent
jurisdiction.
3-4-36 Contract claims
A. Any contractor may submit a contract claim in writing to the purchasing
director. The contractor may request a conference with the purchasing
director on the claim. Claims include, without limitation, disputes arising
under a contract, and those based upon breach of contract, mistake,
misrepresentation, or other cause for contract modification or rescission.
B. The purchasing director is authorized, prior to the commencement of an
action in court concerning the claim, to take any necessary and appropriate
action to settle and resolve the claim.
C. If the claim is not resolved by mutual agreement, the purchasing director
shall promptly issue a decision in writing. The decision shall:
1. Sustain or deny the claim
2. State the reasons for the action taken
3. Inform the contractor of its right to judicial review of the matter, if
appropriate.
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D. A copy of the decision shall be mailed or otherwise furnished immediately to
the contractor.
E. The purchasing director's decision regarding a contract claim shall constitute
final administrative action. The aggrieved party may seek judicial review of
the administrative action in any court of competent jurisdiction.
F. If the purchasing director does not issue a written decision regarding any
contract claim within seven days after written request for a final decision, or
within such longer period as may be agreed upon between the parties, then
the contractor may proceed as if an adverse decision had been received.
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'Ad �
MARANA AZ
ESTABLISHED 1977
Council-Study Session D2
Meeting Date: 10/10/2017
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: October 10, 2017
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Development and Traffic and Highways; discussion of comprehensive
revisions to regulations of wireless communication facilities in the Marana land
development code and in the Town Code's right-of-way regulations (Frank Cassidy &
Jane F airall)
Discussion:
The Legal Department has been working on a comprehensive revision to the Town's wireless
communication facilities regulations for more than a year, in an effort to bring them into
compliance with new federal regulations and municipal best practices. The Town's existing
telecom regulations, found in Marana Land Development Code Title 23 (Wireless
Communication Facilities), were last amended in 1997. With assistance from an outside
telecommunications consultant and attorney, the Legal Department has prepared a draft wireless
communications facilities code to be placed in Marana Town Code Title 17 (Land Development,
Chapter 17-18 (Wireless communication facilities), to replace current LDC Title 23. The Legal
Department's draft borrows language and procedures from draft Santa Barbara and Brentwood
California wireless facilities ordinances.
In early 2017, before the draft wireless communication facilities code was brought forward for
consideration, the telecommunications industry successfully urged the Arizona Legislature to
consider new wireless communication legislation. To avoid unnecessary duplication of effort, the
Legal Department shelved the Marana wireless communication facilities code while awaiting the
outcome of the legislative session.
2017 Arizona Laws Chapter 124 (the Senate Engrossed version of House Bill 2365) went into
effect on August 9, 2017. It significantly reduces local governments' authority to regulate wireless
providers' use of public rights-of-way, and requires the town to allow the attachment of certain
Marana Study Session Council Meeting 10/10/2017 Page 28 of 144
small wireless facilities to existing poles in the public right-of-way, subject to certain limitations
and requirements. Due to its sweeping changes and somewhat ambiguous language, HB2365 has
been the subject of many League-sponsored meetings of municipal attorneys and right-of-way
managers. Led primarily by the cities of Chandler, Scottsdale, and Tempe, the group has
developed a comprehensive set of standard conditions and forms for wireless communication
facilities in the public right-of-way, and the League has prepared a publication entitled "HB2365
Wireless Facilities; Rights-of-Way Guide," provided with the backup materials.
No later than February 9, 2018, the Town is required to adopt rates, fees, and terms for wireless
communication facilities in the public right-of-way.
Town staff proposes to bring forward wireless communication facilities regulations modeled after
other similarly situated communities, and to implement HB2365 by adapting forms and "Wireless
Facilities Standard Terms and Conditions" prepared by City of Chandler staff, copies of which are
included with the backup materials.
Before finalizing the draft regulations, forms, and standard terms, Town staff is seeking feedback
on several basic policy questions:
1 Town staff plans to create an administrative approval process for certain small cell wireless
facilities applications where HB2365 requires approval, but Town staff plans to require
conditional use permits (CUPs) for all new wireless communication facilities towers and
monopoles, within and outside the public right-of-way. Are there any situations where the
Council would prefer to adopt an administrative process for wireless communication
facilities where the law would otherwise allow the Town to adopt a discretionary CUP
process? (Examples might include new towers of a certain height or less in industrial zones
or in right-of-way adjacent to industrial zones.)
2. Under the existing Town regulations, new wireless communication facility CUPs go to the
Planning Commission for a public hearing and recommendation, but the Town Council
always has the final approval authority. Does Council prefer to give the Planning
Commission authority to approve CUPs for new wireless communication facilities, and only
to review an application where there is an appeal of the Planning Commission's decision?
3HB2365 allows the Town to charge wireless providers a rate or fee for the use of the public
right-of-way in an amount limited to the direct and actual cost of managing the right-of-way
and in most cases not exceeding $50 per year per installation, provided that other telecom
and utility users of the right-of-way are also charged the same fee. Does the Council want
staff to investigate implementation of fees for right-of-way use, even if it results in the Town
being required to charge other telecoms and utilities the same fees?
Staff Recommendation:
Council's pleasure.
Suggested Motion:
Council's pleasure.
Attachments
Marana Study Session Council Meeting 10/10/2017 Page 29 of 144
League Guide
Chandler ARLA 1
Chandler ARLA2
Chandler ARLA3
Chandler Std Terms
Chandler Design Stds SWF
Chandler SWF Process
Chandler SWF site approval form
Chandler SWF app
Marana Study Session Council Meeting 10/10/2017 Page 30 of 144
p
J
1>,
WWW.AZ L E AG U E .0 RG
The HB 2365 Guide, published as a service to the members of the League of Arizona
Cities and Towns, does not identify every provision of this new law. It is neither
designed nor intended to provide legal advice or counsel. It should be used only as a
reference tool and not as a comprehensive guidance document. In certain limited
instances, the Guide does highlight action items that should be considered by cities and
towns. In no case, however, should the Guide substitute for the independent judgment of
your city or town manager or attorney.
Marana Study Session Council Meeting 10/10/2017 Page 32 of 144
Contents
A. Introduction ......................................................................... 4
B. Effective Dates ..................................................................... 5
C. Key definitions...................................................................... 5
D. Application processes .......................................................... 6
1. Applications that are NOT subject to zonin review. ........ 6
] 9
2. Applications sub'ect to zonin review:............................... 8
] 9
E- Rates and fees....................................................................... 9
F. Terms and conditions .......................................................... 10
G. Existing agreements reements ............................................................ 11
H. Frequentlyaskequestions ................................................ 12
Marana Study Session Council Meeting 10/10/2017 Page 33 of 144
A. Introduction
On March 31, 2017 HB 2365 wireless facilities; rights-of-way was signed into law,
which allows wireless providers to install and operate small cells and related equipment
in city, town and county rights-of-way (ROW) and public easements, excluding
deployment in areas outside of the right-of-way, on private easements or on electric
distribution poles. Small cells are low-powered wireless base stations that typically
provide coverage for targeted indoor or localized outdoor areas ranging in size from
homes and offices to stadiums, shopping malls, hospitals and metropolitan outdoor
spaces. The installations of this equipment in city and town rights-of-way help wireless
carriers add capacity to their networks to provide better access to cell phone coverage
and high-speed wireless data services in areas that are not being served by traditional
cell sites.
The legislation also allows the wireless provider to construct, install, modify,
mount, maintain, operate and replace utility poles that are associated with the
collocation of small cells and to construct, install, modify, mount, maintain, operate and
replace monopoles' that are associated with the collocation of wireless facilities (not
just small cells) in the ROW.
While the legislation set the fees for small cells, it is silent on the fees for
monopoles. Cities and towns are required to accept and process applications for the
installation of new monopoles in the ROW2 and to establish and make available rates,
fees and terms for such monopoles.3 Siting of monopoles is subject to zoning codes
and other regulatory processes governing use of the ROW.4 The installation,
modification and replacement of monopoles are subject to municipal review regardless
of the height of the monopole.5
Cities and towns that have already been working with wireless carriers on small
cell equipment siting will need to thoroughly review this new law to determine its
impact on existing agreements, existing zoning codes and regulatory processes for
siting new small cells, monopoles, and utility poles in the ROW.
1 ARS 9-592(H)(3)
2 ARS 9-594(C)(1)
3 ARS 9-592(E)(1)
4 ARS 9-594(A)
5 ARS 9-592(H)(3)
Marana Study Session Council Meeting 10/10/2017 Page 34 of 144
B. Effective Dates
The effective date of HB 2365 is August 9, 2017. Cities and towns are required to
establish and make available rates, fees and terms that are consistent with HB 2365 by
February 9, 2018 or three months after receiving the first request by a wireless
provider, whichever is later.6
C. Key definitions-7
Applicable Codes: Uniform building, fire, electrical, plumbing or mechanical codes
that are adopted by a recognized national code organization or local amendments to
those codes that are enacted to address threats of destruction of property or injury
to persons.
Authority: Cities and towns
Authority utility pole: a utility pole, excluding a utility pole for electric distribution,
that is owned or operated by an authority and that is in a ROW.
Monopole: a wireless support structure that is not more than 40 inches in diameter
at the ground level and that has all of the wireless facilities mounted on or inside of
the pole.
Small wireless facility (SWF): a wireless facility that meets the following size
qualifications of not more than:
1. 6 cubic feet of antennas, enclosed or fits within an imaginary enclosure;
2. 28 cubic feet of wireless equipment; and
3. 50 cubic feet of wireless equipment only if it was ground-mounted prior to
August 9, 2017.
Equipment not included in size calculation:
1. Electric meters
2. Concealment elements
3. Demarcation boxes
4. Grounding equipment
5. Power transfer switches
6. Cutoff switches
7. Vertical cable runs
6 A.R.S. §§9-592(E),9-595(D)
A.R.S. §9-591
Marana Study Session Council Meeting 10/10/2017 Page 35 of 144
Utility pole: a pole or similar structure used in whole or part for communications
services, electric distribution, lighting or traffic signals.
Wireless facility: Equipment, including small wireless facilities,, that enables
wireless communications between user equipment and a communications network,
including:
1. Equipment associated with wireless communications; and
2. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and
backup power supplies and comparable equipment.
Wireless support structure: a freestanding structure, such as a:
1. Monopole;
2. Guyed or self-supporting tower;
3. Sign or billboard; or
4. Any other existing or proposed structure designed to support, or capable of
supporting SWFs.
The definition does not include a utility pole.
D. Application processes
1. Applications that are NOT subject to zoning review:
Utility poles
A new, replacement or modified utility pole for SWF collocations installed in the
ROW is NOT subject to zoning review or approval if it does not exceed the greater of
either (i) 10 feetabove the tallest existing utility pole (excluding utility poles supporting
only wireless facilities), that is located within 500 feet of the proposed site for the new,
replacement or modified pole if that existing pole was in place prior to August 9, 2017,
but the new pole cannot be more than 50 feetabove ground level; or (ii) 40 feetabove
ground level. The existing utility pole that is used as the basis for the new, replacement
or modified utility pole must be in the same ROW and jurisdictional boundary of the city
or town.
If there is no existing verticality, the new, replacement or modified utility pole
may not exceed 40 feetabove ground level.s
Applications are required to be approved unless the utility pole does not comply
with9:
8 A.R.S. §9-592(1)(1), (2)
9 A.R.S. §9-592(K)
Marana Study Session Council Meeting 10/10/2017 Page 36 of 144
1. Applicable Codes;
2. Code provisions or regulations that concern public safety;
3. Objective design standards;
4. Reasonable stealth and concealment requirements;
5. Undergrounding requirements;
6. Undergrounding requirements that may require a waiver before a new pole or
monopole can be installed i n the ROW without prior approval. The
undergrounding requirements cannot prohibit the replacement of utility poles
or monopoles.
7. Contractual requirements between a city or town and a private property
owner concerning design standards for utility poles in the ROW; or
8. Reasonable spacing requirements concerning the location of new utility poles
in the ROW.
SW Fs
Collocations of new small wireless facilities are NOT subject to zoning review and
approval if they do not exceed 10 feet above the utility pole or wireless support
structure (defined as including a monopole if there was an existing one in the ROW)
and do not exceed 50 feet above ground level.10
Applications for a permit to collocate SWFs to utility poles in the ROW, in any
zone, are required to be approved unless the application does not meet;
1. Applicable Codes;
2. Code provisions or regulations that concern public safety;
3. Objective design standards for decorative utility poles;
4. Reasonable stealth and concealment requirements; or
5. Reasonable spacing requirements concerning the location of ground-mounted
eq u i pment.11
Note: If a city or town determines that the utility pole or wireless support
structure must be replaced prior to collocation, the application to collocate may
be conditionally approved pending replacement of the utility pole or wireless
support structure. Requests for replacement utility poles are to be processed
pursuant to A.R.S. § 9-592.
10 A.R.S. §9-592(J)
11 A.R.S. §9-593(F)(4)
Marana Study Session Council Meeting 10/10/2017 Page 37 of 144
Consolidated applications for the collocation of up to 25 SWFs may be submitted
by an applicant only if all SWFs included are substantially the same type and involve
substantially the same type of structure.12 SWF collocations may be removed from the
application and considered separately if incomplete information was provided, the SWF
does not qualify for consolidated treatment or the SWF is subject to a denial.13
If a city or town denies an application for not meeting one or more of the
requirements listed above, documentation must be submitted to the applicant on or
before the date of denial that includes the specific code provisions, regulations or
requirements on which the denial was based.
The applicant may resubmit the application to cure the deficiencies that the
denial was based on within 30 days after denial. The city or town must approve or deny
the resubmitted application within 30 days of receipt with no additional fee charged to
the applicant. The review of the resubmitted application is limited to the deficiencies
that were cited for the basis or denial.14
Listed below are the application timelines for small wireless facilities and utility
poles and collocations to authority utility poles that are NOT subject to zoning review.
If a city or town takes no action on the application within the specified time frame, the
application is deemed approved.15
20 days to determine and notify applicant
if application is complete
75 days to take action on application
30 days to take action on revised
applications
2. Applications subject to zoning review:
The modification of existing or the installation of new monopoles, the installation
or collocation of wireless facilities, and the installation of utility poles and SWFs that
exceed the heights that are exempt from zoning review are subject to all of the zoning
codes, regulations and regulatory processes governing the rights-of-way.16
12 A.R.S. §9-593(D)
13 A.R.S. §9-593(F)(6)
14 A.R.S. §9-593(F)(5)
15 A.R.S. §§9-593(F)(2), 9-593(F)(3),9-595(D)(1) Note:Statute requires applications for collocating to authority utility poles
to be processed in the same manner as applications to collocate to utility poles
16 A.R.S. §9-594(6)
Marana Study Session Council Meeting 10/10/2017 Page 38 of 144
Cities and towns are permitted to require reasonable appearance and
concealment requirements and setback or fa I I zone requirements for these structures 17
and prohibit, regulate and charge for the collocation of a wireless facility on municipally-
owned wireless support structures.18
The following are the time frames established for processing applications:
30 days to determine and notify applicant
if application is complete
150 days to take action on application
Collocation of wireless facilities 19:
30 days to determine and notify applicant if
application is complete
90 days to take action on application
Note: The application time period for approval may be tolled to accommodate requests
for information or extended by mutual agreement of the applicant and the city or
town20.
A city or town may deny an application only if there is a reasonable basis for the
denial and the denial is not discriminatory against the applicant with respect to the
placement of the facilities of other wireless providers. If an application is denied, the
city or town must notify the applicant in writing and provide substantial supporting
evidence for the reason for denial.21
Rates and fees
Cities and towns are permitted to charge wireless providers a rate or fee for the
use of and activities conducted in the ROW. Rates and fees are limited to the direct and
actual cost of managing the ROW and may only be charged if other ROW users, such as
telecom providers and utilities, are charged ROW use fees and there is legal authority
for the fee.22
The rate or fee charged may not do any of the following:
17 A.R.S. §9-594(E)
18 A.R.S. §9-595(E)
19 A.R.S. §9-594(C)(3)
20 A.R.S. §9-594(C)(3) Note:Statute allows the time period to be tolled to accommodate timely requests for information or
may be extended by mutual agreement of the city or town and the applicant.
21 A.R.S. §9-594(C)(4)
22 A.R.S. §9-592(C)
Marana Study Session Council Meeting 10/10/2017 Page 39 of 144
1. Result in a double recovery where existing rates, fees or taxes already recover
ROW management costs;
2. Be in the form of a franchise or other revenue-based fees;
3. Be unreasonable or discriminatory;
4. Exceed the specified rate caps (see chart below).23
In addition, rates and fees are capped as follows:
ROW use fee 24 $50/year x number of SW Fs
ROW use fee for monopoles and Limited to not more than the direct and
associated wireless faci I ities25 actual cost of managing the ROW
[Authorityutility ole attachment26 $50/year
Application for collocating SWFs27:
SWF collocation
$100 per SWF up to five
$50 per additional SWF
Batched applications up to 25 SWFs28:
First five SWFs @ $100 $500
Additional 20 sites @ $50 $1'r000
Total for batch of 25 $1,r500
Utility pole and monopole applications:
New, replacement or modified utility poles
NOT subject to zoning review
29 $750
New, replacement or modified monopoles
and utility poles and collocation of wireless $1,,000
facilities subject to zoning revieW30
E. Terms and conditions
In addition to the establishment of rates and fees described above, cities and
towns are required to establish and make available to wireless providers terms and
conditions for the following activities conducted in the ROW:
23 A.R.S. §9-592(D)
24 A.R.S. §9-592(C)(4)
25 A.R.S. §9-594(D)(5)
26 A.R.S. §9-595(C)
27 A.R.S. §§9-593(1)19-593(J)
28 A.R.S. §9-592(D)
29 A.R.S. §9-592(L)
30 A.R.S. §9-594(E)(3)
Marana Study Session Council Meeting 10/10/2017 Page 40 of 144
1. Construction, installation, mounting, maintenance, operation or
replacement of utility poles and monopoles;
2. Collocation of SWFs;
3. Collocation of wireless facilities on or within a monopole
4. Collocation of SWFs on authority utility poles.31
The standard terms and conditions MAY NOT:
1. Be unreasonable or discriminatory
2. Require the placement of SWFs on any specific utility pole or category of
poles
3. Require multiple antenna systems on a single utility pole
4. Require minimum separation distances for SWFs.
The standard terms and conditions may, however, include requirements that are
applicable to other ROW users and require that the operation of SWFs do not interfere
with public safety communications.32 The terms must reasonably accommodate power
supply and electric metering for the SWF.
The wireless provider may accept the standard terms and conditions or they may
negotiate with the city or town for different or additional terms.
The legislation is silent as to whether the time deadlines for granting or denying
the application are then tolled while the negotiations are taking place.
Existing agreements
Existing agreements with wireless providers that are in effect on August 9, 2017
will remain in effect subject to applicable termination provisions. Wireless providers may
accept the new rates, fees and terms that are consistent with HB 2365 for SWF's and
utility poles that are the subject of an application submitted after the rates, fees and
terms become effective. .33
31 A.R.S. §§9-592(E),9-595(D)
32 A.R.S. §§9-592(F), 9-595(D)
33 A.R.S. §9-592(G)
Marana Study Session Council Meeting 10/10/2017 Page 41 of 144
Frea uentiy asked a uestions
Q. Relocation of wireless equipment?
A. A.R.S. § 9-596(D) requires wireless equipment to be relocated at no cost to
the city or town in order to accommodate a public project but does not specify any
particular type of project.
Q. Are cities and towns permitted to apply spacing requirements for siting of
new utility poles and equipment?
A. A.R.S. § 9-592(K)(4) allows cities and towns to apply ""reasonable" spacing
requirements to applications for new utility poles in the ROW in addition to ""reasonable"
spacing for ground-mounted equipment.
Q. Are cities and towns able to reserve space on poles as well as conduit and
fiber?
A. A.R.S. § 9-593(G)(1) prohibits cities and towns from requiring applicants to
reserve conduit, fiber or pole space on a wireless provider's pole for the city or town.
There is no similar prohibition for municipally-owned poles.
Q. What period of time does the new law provide for wireless providers to
operate their equipment in the ROW?
A. Application approval allows the applicant to operate and maintain new,
modified or replacement poles34 and SWFs35 for 10 years, subject to applicable
relocation requirements and terms and conditions.
Q. Is there a time frame within which the wireless provider must complete
construction or installation of the small cell for operational use?
A. Yes. For utility poles 36 the construction, installation, mounting, maintenance,
modification, operation or replacement for which a permit is granted shall be completed
within 180 days after the permit issuance date, unless the city or town and the wireless
provider agree to extend the period or a delay is caused by lack of commercial power at
the site and for small cells, they must be operational within that time period.37
34 A.R.S. §9-592(M)(2)
35 A.R.S. §9-593(H)(3)
36 ARS 9-592(M)
37 ARS 9-593(E)and ARS 9-593(H) (collocations)
Marana Study Session Council Meeting 10/10/2017 Page 42 of 144
Q. What ability does a city or town have to address the radio frequency (RF)
emissions from small cells?
A. The city or town may require the applicant to certify that the SWF to be
collocated comply with the FCC's regulations concerning RF emissions. Beyond that,
there is no basis to deny access to the ROW if compliance is demonstrated.
Q. What does the legislation say with respect to ground equipment?
A. A city or town may adopt reasonable requirements regarding the appearance
and concealment of facilities, including those relating to materials used for arranging,
screening or landscaping.38 Facilities must be constructed, maintained and located so
that they don't obstruct, endanger or hinder the usual travel or public safety on the
ROW.39
Q. Who will own the replacement utility pole?
A. The city or town.40
38 ARS 9-594(E)(1)
39 ARS 9-598
40 ARS 9-595(D)(1)
Marana Study Session Council Meeting 10/10/2017 Page 43 of 144
EXHIBIT A-1
(CITY-OWNED POLE)
COC License#
Wireless Provider's Name:
Wireless Provider's Internal Site Name:
ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT
THIS ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT (the "Agreement") is
made and entered into this day of , 20_7 by and between the City of Chandler,
an Arizona municipal corporation ("City"), and a
("Wireless Provider").
RECITALS
A. The City of Chandler "Wireless Facilities Standard Terms and Conditions" sets out
various recitals (collectively the "Standard Recitals") and provisions (collectively the "Standard
Terms").
B. City holds an interest in a parcel of land (the "Street Parcel") comprising street
Right-of-way for . The Street Parcel is located approximately
feet of the center of the intersection of
and
C. This Agreement allows Wireless Provider to use certain limited portions of the
Street Parcel.
D. The portions of the Street Parcel that this Agreement allows Wireless Provider to
use (the "Use Areas") are defined in the package of maps and related materials (the "Boundary
Plan") attached hereto as Exhibit"A".
E. Wireless Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related electronic
equipment that is specified on the Site Plan (the "Communications Equipment") subject to the
requirements of this Agreement. The Communications Equipment is limited to the actual electronic
equipment, portable cabinets for such equipment, the enclosure, the antennas ("Antennas") used
to communicate with cell phones and similar devices, all as shown on the drawing (the "Site Plan")
attached hereto as Exhibit "B". Notwithstanding anything in this Agreement to the contrary, the
Communications Equipment excludes any item not shown on the Site Plan.
Page 1 of 5
Marana Study Session Council Meeting 10/10/2017 Page 44 of 144
EXHIBIT A-1
F. The volume of the Enclosure and the above ground portion of its pad as shown in
the Site Plan is cubic feet.
G. The Street Parcel is currently improved with an approximately foot tall
[electrical] [traffic signal] [street light] [antenna support] pole (the "Pole") owned by City ("Pole
Owner").
H. Wireless Provider proposes to [use the existing Pole] [replace the existing Pole]
with a new Pole that City ("Pole Owner")will own.
I. In order to install the Communications Equipment, Wireless Provider desires to
construct supporting improvements and perform all other work shown on the Site Plan (collectively
the "Project").
J. Wireless Provider shall complete the entire Project and put the Communications
Equipment in full operation no later than one hundred eighty (180) days after the date of the
issuance of the Encroachment Permit (the "Completion Deadline").
K. City desires to grant to Wireless Provider a license to install, maintain, operate and
repair the Communications Equipment (the "Permitted Uses") subject to the requirements of this
Agreement.
L. The Standard Recitals are all incorporated here by reference as if set out in full.
NOW, THEREFORE, for and in consideration of the foregoing, the amounts hereinafter to
be paid by Wireless Provider, and the covenants and agreements contained herein to be kept and
performed by Wireless Provider, and other good and valuable consideration, City and Wireless
Provider agree as follows:
I. LICENSE TERMS
1. License Terms. City hereby grants to Wireless Provider a license to use the Use Areas as
follows:
1.1 Standard Terms Incorporated. The Standard Terms are all incorporated here by
reference as if set out in full. WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT
WIRELESS PROVIDER HAS READ AND AGREES TO THE STANDARD RECITALS AND THE
STANDARD TERMS. Capitalized terms used but not defined in this Agreement shall have the
meanings assigned by the Standard Recitals and the Standard Terms.
1.2 Standard Terms Application. Wireless Provider shall comply with all of the
Standard Terms. Without limitation, the Standard Terms shall apply to the Use Areas as follows:
1.2.1 Wireless Provider's Boundary Plan Responsibility. It is Wireless Provider's
responsibility before signing this Agreement to ensure that the Boundary Plan is prepared as
follows:
Page 2of5
Marana Study Session Council Meeting 10/10/2017 Page 45 of 144
EXHIBIT A-1
1.2.1.1 Wireless Provider shall insure that the Boundary Plan clearly
depicts all portions of the Street Parcel that Wireless Provider desires to use and that each such
area is clearly shown on the Boundary Plan and labeled to clearly indicate which of the categories
of Exclusive Areas or Shared Areas set out in the Standard Terms applies to the area.
1.2.1.2 If the Boundary Plan does not clearly show any portion of the
Street Parcel as one of the categories of Exclusive Areas or Shared Areas set out in the Standard
Terms, then such portion of the Street Parcel is not part of the Use Areas and Wireless Provider
may not use such portion of the Street Parcel, even if the use is discussed in the Standard Terms.
1.2.1.3 Any Exclusive Area or Shared Area described or named in the
Standard Terms that is not clearly depicted and correctly labeled on the Boundary Plan is excluded
from this Agreement and unavailable for Wireless Provider's use.
1.2.1.4 Any portion of the Boundary Plan or the Site Plan that indicates
a Wireless Provider use of the Street Parcel that is not one of the Exclusive Areas or Shared Areas
specifically enumerated in the Standard Terms is excluded from this Agreement and not available
for Wireless Provider's use.
1.2.1.5 All work, improvements and equipment within an Exclusive Area
or Shared Area is limited to the purposes enumerated in the Standard Terms for that particular
Exclusive Area or Shared Area.
1.2.1.6 This Agreement does not allow use of any land other than the
specified portions of the Street Parcel that are Exclusive Areas or Shared Areas.
1.2.1.7 Any change to the Boundary Plan after City executes this
Agreement is void unless it is memorialized in a formal amendment to this Agreement.
1.2.2 Site Plan. It is Wireless Provider's responsibility before signing this
Agreement to ensure that the Site Plan correctly shows the work that Wireless Provider intends to
perform, that the Site Plan correctly shows all improvements and equipment that Wireless Provider
intends be located on the Use Areas, that the Site Plan shows no work, improvements or
equipment outside the Exclusive Areas and Shared Areas properly depicted and labeled on the
Boundary Plan, and that all work, improvements and equipment is encompassed within the
purposes enumerated in the Standard Terms for that particular Exclusive Area or Shared Area.
Any work, improvements or equipment not conforming to all the foregoing is prohibited, even if it is
clearly shown on the Site Plan or discussed in the Standard Terms. Any refinement or other
change to the Site Plan after City executes this Agreement is void unless Wireless Provider obtains
Wireless Provider's approval of the change pursuant to the plans approval processes set out in the
Standard Terms and pursuant to all applicable regulatory requirements.
1.2.3 Term of Agreement. The term of this Agreement is as stated in the
Standard Terms.
1.2.4 Wireless Provider's Payments. Wireless Provider shall pay to City the
amounts described in the Standard Terms.
Page 3 of 5
Marana Study Session Council Meeting 10/10/2017 Page 46 of 144
EXHIBIT A-1
1.2.5 Use Restrictions. Wireless Provider shall comply with the use restrictions
set out in the Standard Terms.
1.2.6 Encroachment Permits. This Agreement constitutes a Class 8
"Encroachment Permit" under Chapter 46 of the Chandler City Code to the extent of granting
permission for the Communications Equipment to exist on the Street Parcel but not to allow any
construction or other work of any description in the Right-of-way or to allow obstruction of traffic or
alteration of City's improvements. Before performing any work on the Right-of-way, Wireless
Provider shall obtain the following additional encroachment permits, as applicable:
1.2.6.1 Permission to Work in the Right-of-way.
1.2.6.2 Traffic Control Plan.
1.2.6.3 Any other applicable permits regarding work in the Right-of-way.
1.2.7 Compliance with Law. Wireless Provider acknowledges that this
Agreement does not constitute, and City has not promised or offered, any type of waiver of, or
agreement to waive (or show any type of forbearance, priority or favoritism to Wireless Provider
with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement
now or hereafter imposed by the City of Chandler or any other governmental body upon or
affecting Wireless Provider's use of the Street Parcel. For example, Wireless Provider shall comply
with all zoning, building and Right-of-way codes, ordinances and policies.
2. City's Initial Information. Unless and until City gives notice otherwise, City's contract
administrator shall be the City's Regulatory Affairs Manager.
3. Wireless Provider's Initial Information. Unless and until Wireless Provider gives notice
otherwise:
3.1. Wireless Provider's network operations center phone number as required by
paragraph 7.1.3 of the Standard Terms is ( ) - 1.
3.2 Wireless Provider's address for notices as required by paragraph 17.8 of the
Standard Terms shall be:
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Marana Study Session Council Meeting 10/10/2017 Page 47 of 144
EXHIBIT A-1
3.3 Wireless Provider's billing address for routine billing invoices as required by
paragraph 4.2 of the Standard Terms shall be:
EXECUTED as of the date first given above.
CITY: CITY OF CHANDLER,
an Arizona municipal corporation
By:
Regulatory Affairs Manager
WIRELESS PROVIDER:
a
By:
Its:
Page 5 of 5
Marana Study Session Council Meeting 10/10/2017 Page 48 of 144
EXHIBIT A-1
TABLE OF EXHIBITS FOR SITE LICENSE
Exhibit Paragraph Description
A D Boundary Plan
B E Site Plan
Marana Study Session Council Meeting 10/10/2017 Page 49 of 144
EXHIBI T A-2
(THIRD PARTY-OWNED POLE)
COC License#
Wireless Provider's Name:
Wireless Provider's Internal Site Name:
ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT
THIS ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT (the "Agreement") is
made and entered into this day of , 20_) by and between the City of Chandler,
an Arizona municipal corporation ("City"), and a
("Wireless Provider").
RECITALS
A. The City of Chandler "Wireless Facilities Standard Terms and Conditions" sets out
various recitals (collectively the "Standard Recitals") and provisions (collectively the "Standard
Terms").
B. City holds an interest in a parcel of land (the "Street Parcel") comprising street
Right-of-way for . The Street Parcel is located approximately
feet of the center of the intersection of
and 1.
C. This Agreement allows Wireless Provider to use certain limited portions of the
Street Parcel.
D. The portions of the Street Parcel that this Agreement allows Wireless Provider to
use (the "Use Areas") are defined in the package of maps and related materials (the "Boundary
Plan") attached hereto as Exhibit"A".
E. Wireless Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related electronic
equipment that is specified on the Site Plan (the "Communications Equipment") subject to the
requirements of this Agreement. The Communications Equipment is limited to the actual electronic
equipment, portable cabinets for such equipment, the enclosure, the antennas ("Antennas") used
to communicate with cell phones and similar devices, all as shown on the drawing (the "Site Plan")
attached hereto as Exhibit "B". Notwithstanding anything in this Agreement to the contrary, the
Communications Equipment excludes any item not shown on the Site Plan.
F. The volume of the Enclosure and the above ground portion of its pad as shown in
the Site Plan is cubic feet.
G. The Street Parcel is currently improved with an approximately foot tall
[electrical] [street light] [antenna support] pole (the "Pole").
Page 1 of 5
Marana Study Session Council Meeting 10/10/2017 Page 50 of 144
EXHIBI T A-2
H. Wireless Provider has entered into a certain
(the "Pole Antenna Agreement") with Pole Owner
dated 20 whereby Wireless Provider has obtained permission
from Pole Owner to use the existing Pole in the manner described in this Agreement, or Wireless
Provider proposes to replace the existing Pole with a new Pole that Pole Owner will own.
I. In order to install the Communications Equipment, Wireless Provider desires to
construct supporting improvements and perform all other work shown on the Site Plan (collectively
the "Project").
J. Wireless Provider shall complete the entire Project and put the Communications
Equipment in full operation no later than one hundred eighty (180) days after the date of the
issurance of the Encroachment Permit (the "Completion Deadline").
K. City desires to grant to Wireless Provider a license to install, maintain, operate and
repair the Communications Equipment (the "Permitted Uses") subject to the requirements of this
Agreement.
L. The Standard Recitals are all incorporated here by reference as if set out in full.
NOW, THEREFORE, for and in consideration of the foregoing, the amounts hereinafter to
be paid by Wireless Provider, and the covenants and agreements contained herein to be kept and
performed by Wireless Provider, and other good and valuable consideration, City and Wireless
Provider agree as follows:
I. LICENSE TERMS
1. License Terms. City hereby grants to Wireless Provider a license to use the Use Areas as
follows:
1.1 Standard Terms Incorporated. The Standard Terms are all incorporated here by
reference as if set out in full. WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT
WIRELESS PROVIDER HAS READ AND AGREES TO THE STANDARD RECITALS AND THE
STANDARD TERMS. Capitalized terms used but not defined in this Agreement shall have the
meanings assigned by the Standard Recitals and the Standard Terms.
1.2 Standard Terms Application. Wireless Provider shall comply with all of the
Standard Terms. Without limitation, the Standard Terms shall apply to the Use Areas as follows:
1.2.1 Wireless Provider's Boundary Plan Responsibility. It is Wireless Provider's
responsibility before signing this Agreement to ensure that the Boundary Plan is prepared as
follows:
1.2.1.1 Wireless Provider shall insure that the Boundary Plan clearly
depicts all portions of the Street Parcel that Wireless Provider desires to use and that each such
area is clearly shown on the Boundary Plan and labeled to clearly indicate which of the categories
of Exclusive Areas or Shared Areas set out in the Standard Terms applies to the area.
1.2.1.2 If the Boundary Plan does not clearly show any portion of the
Street Parcel as one of the categories of Exclusive Areas or Shared Areas set out in the Standard
Page 2of5
Marana Study Session Council Meeting 10/10/2017 Page 51 of 144
EXHIBI T A-2
Terms, then such portion of the Street Parcel is not part of the Use Areas and Wireless Provider
may not use such portion of the Street Parcel, even if the use is discussed in the Standard Terms.
1.2.1.3 Any Exclusive Area or Shared Area described or named in the
Standard Terms that is not clearly depicted and correctly labeled on the Boundary Plan is excluded
from this Agreement and unavailable for Wireless Provider's use.
1.2.1.4 Any portion of the Boundary Plan or the Site Plan that indicates
a Wireless Provider use of the Street Parcel that is not one of the Exclusive Areas or Shared Areas
specifically enumerated in the Standard Terms is excluded from this Agreement and not available
for Wireless Provider's use.
1.2.1.5 All work, improvements and equipment within an Exclusive Area
or Shared Area is limited to the purposes enumerated in the Standard Terms for that particular
Exclusive Area or Shared Area.
1.2.1.6 This Agreement does not allow use of any land other than the
specified portions of the Street Parcel that are Exclusive Areas or Shared Areas.
1.2.1.7 Any change to the Boundary Plan after City executes this
Agreement is void unless it is memorialized in a formal amendment to this Agreement.
1.2.2 Site Plan. It is Wireless Provider's responsibility before signing this
Agreement to ensure that the Site Plan correctly shows the work that Wireless Provider intends to
perform, that the Site Plan correctly shows all improvements and equipment that Wireless Provider
intends be located on the Use Areas, that the Site Plan shows no work, improvements or
equipment outside the Exclusive Areas and Shared Areas properly depicted and labeled on the
Boundary Plan, and that all work, improvements and equipment is encompassed within the
purposes enumerated in the Standard Terms for that particular Exclusive Area or Shared Area.
Any work, improvements or equipment not conforming to all the foregoing is prohibited, even if it is
clearly shown on the Site Plan or discussed in the Standard Terms. Any refinement or other
change to the Site Plan after City executes this Agreement is void unless Wireless Provider obtains
Wireless Provider's approval of the change pursuant to the plans approval processes set out in the
Standard Terms and pursuant to all applicable regulatory requirements.
1.2.3 Term of Agreement. The term of this Agreement is as stated in the
Standard Terms.
1.2.4 Wireless Provider's Payments. Wireless Provider shall pay to City the
amounts described in the Standard Terms.
1.2.5 Use Restrictions. Wireless Provider shall comply with the use restrictions
set out in the Standard Terms.
1.2.6 Encroachment Permits. This Agreement constitutes a Class 8
"Encroachment Permit" under Chapter 46 of the Chandler City Code to the extent of granting
permission for the Communications Equipment to exist on the Street Parcel but not to allow any
construction or other work of any description in the Right-of-way or to allow obstruction of traffic or
alteration of City's improvements. Before performing any work on the Right-of-way, Wireless
Provider shall obtain the following additional encroachment permits, as applicable:
Page 3 of 5
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EXHIBI T A-2
1.2.6.1 Permission to Work in the Right-of-way.
1.2.6.2 Traffic Control Plan.
1.2.6.3 Any other applicable permits regarding work in the Right-of-way.
1.2.7 Compliance with Law. Wireless Provider acknowledges that this
Agreement does not constitute, and City has not promised or offered, any type of waiver of, or
agreement to waive (or show any type of forbearance, priority or favoritism to Wireless Provider
with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement
now or hereafter imposed by the City of Chandler or any other governmental body upon or
affecting Wireless Provider's use of the Street Parcel. For example, Wireless Provider shall comply
with all zoning, building and Right-of-way codes, ordinances and policies.
2. City's Initial Information. Unless and until City gives notice otherwise, City's contract
administrator shall be the City's Regulatory Affairs Manager.
3. Wireless Provider's Initial Information. Unless and until Wireless Provider gives notice
otherwise:
3.1 Wireless Provider's network operations center phone number as required by
paragraph 7.1.3 of the Standard Terms is ( ) - 1.
3.2 Wireless Provider's address for notices as required by paragraph 17.8 of the
Standard Terms shall be:
3.3 Wireless Provider's billing address for routine billing invoices as required by
paragraph 4.2 of the Standard Terms shall be:
EXECUTED as of the date first given above.
CITY: CITY OF CHANDLER,
an Arizona municipal corporation
By:
Regulatory Affairs Manager
Page 4 of 5
Marana Study Session Council Meeting 10/10/2017 Page 53 of 144
EXHIBI T A-2
WIRELESS PROVIDER:
a
By:
Its:
Page 5 of 5
Marana Study Session Council Meeting 10/10/2017 Page 54 of 144
EXHIBI T A-2
TABLE OF EXHIBITS FOR SITE LICENSE
Exhibit Paragraph Description
A D Boundary Plan
B E Site Plan
6084178v9
(TELECOM PROVIDER OWNED NEW POLE)
i
Marana Study Session Council Meeting 10/10/2017 Page 55 of 144
EXHIBI T A-3
(WIRELESS PROVIDER-OWNED NEW POLE)
COC License#
Wireless Provider's Name:
Wireless Provider's Internal Site Name:
ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT
THIS ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT (the "Agreement") is made and
entered into this day of , 20 , by and between the City of Chandler,
an Arizona municipal corporation ("City"), and a
("Wireless Provider").
RECITALS
A. The City of Chandler "Wireless Facilities Standard Terms and Conditions" sets out
various recitals (collectively the "Standard Recitals") and provisions (collectively the "Standard
Terms").
B. City holds an interest in a parcel of land (the "Street Parcel") comprising street
Right-of-way for . The Street Parcel is located approximately
feet of the center of the intersection of
and
C. This Agreement allows Wireless Provider to use certain limited portions of the
Street Parcel.
D. The portions of the Street Parcel that this Agreement allows Wireless Provider to
use (the "Use Areas") are defined in the package of maps and related materials (the "Boundary
Plan") attached hereto as Exhibit"A".
E. Wireless Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related electronic
equipment that is specified on the Site Plan (the "Communications Equipment") subject to the
requirements of this Agreement. The Communications Equipment is limited to the actual electronic
equipment, portable cabinets for such equipment, the enclosure, the antennas ("Antennas") used
to communicate with cell phones and similar devices, all as shown on the drawing (the "Site Plan")
attached hereto as Exhibit "B". Notwithstanding anything in this Agreement to the contrary, the
Communications Equipment excludes any item not shown on the Site Plan.
F. The volume of the Enclosure and the above ground portion of its pad as shown in
the Site Plan is cubic feet.
G. Wireless Provider proposes to install an approximately foot tall wireless
support structure (the "Pole") owned by Wireless Provider ("Pole Owner").
Page 1 of 4
Marana Study Session Council Meeting 10/10/2017 Page 56 of 144
EXHIBI T A-3
H. In order to install the Communications Equipment, Wireless Provider desires to
construct supporting improvements and perform all other work shown on the Site Plan (collectively
the "Project").
I. Wireless Provider shall complete the entire Project and put the Communications
Equipment in full operation no later than one hundred eighty (180) days after the date of issuance
of the Encroachment Permit (the "Completion Deadline").
J. City desires to grant to Wireless Provider a license to install, maintain, operate and
repair the Communications Equipment (the "Permitted Uses") subject to the requirements of this
Agreement.
K. The Standard Recitals are all incorporated here by reference as if set out in full.
NOW, THEREFORE, for and in consideration of the foregoing, the amounts hereinafter to
be paid by Wireless Provider, and the covenants and agreements contained herein to be kept and
performed by Wireless Provider, and other good and valuable consideration, City and Wireless
Provider agree as follows:
I. LICENSE TERMS
1. License Terms. City hereby grants to Wireless Provider a license to use the Use Areas as
follows:
1.1 Standard Terms Incorporated. The Standard Terms are all incorporated here by
reference as if set out in full. WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT
WIRELESS PROVIDER HAS READ AND AGREES TO THE STANDARD RECITALS AND THE
STANDARD TERMS. Capitalized terms used but not defined in this Agreement shall have the
meanings assigned by the Standard Recitals and the Standard Terms.
1.2 Standard Terms Application. Wireless Provider shall comply with all of the
Standard Terms. Without limitation, the Standard Terms shall apply to the Use Areas as follows:
1.2.1 Wireless Provider's Boundary Plan Responsibility. It is Wireless Provider's
responsibility before signing this Agreement to ensure that the Boundary Plan is prepared as
follows:
1.2.1.1 Wireless Provider shall insure that the Boundary Plan clearly
depicts all portions of the Street Parcel that Wireless Provider desires to use and that each such
area is clearly shown on the Boundary Plan and labeled to clearly indicate which of the categories
of Exclusive Areas or Shared Areas set out in the Standard Terms applies to the area.
1.2.1.2 If the Boundary Plan does not clearly show any portion of the
Street Parcel as one of the categories of Exclusive Areas or Shared Areas set out in the Standard
Terms, then such portion of the Street Parcel is not part of the Use Areas and Wireless Provider
may not use such portion of the Street Parcel, even if the use is discussed in the Standard Terms.
1.2.1.3 Any Exclusive Area or Shared Area described or named in the
Standard Terms that is not clearly depicted and correctly labeled on the Boundary Plan is excluded
from this Agreement and unavailable for Wireless Provider's use.
1.2.1.4 Any portion of the Boundary Plan or the Site Plan that indicates
a Wireless Provider use of the Street Parcel that is not one of the Exclusive Areas or Shared Areas
Marana Study Session Council Meeting 10/10/2017 Page 2 of 4 Page 57 of 144
EXHIBI T A-3
specifically enumerated in the Standard Terms is excluded from this Agreement and not available
for Wireless Provider's use.
1.2.1.5 All work, improvements and equipment within an Exclusive Area
or Shared Area is limited to the purposes enumerated in the Standard Terms for that particular
Exclusive Area or Shared Area.
1.2.1.6 This Agreement does not allow use of any land other than the
specified portions of the Street Parcel that are Exclusive Areas or Shared Areas.
1.2.1.7 Any change to the Boundary Plan after City executes this
Agreement is void unless it is memorialized in a formal amendment to this Agreement.
1.2.2 Site Plan. It is Wireless Provider's responsibility before signing this
Agreement to ensure that the Site Plan correctly shows the work that Wireless Provider intends to
perform, that the Site Plan correctly shows all improvements and equipment that Wireless Provider
intends be located on the Use Areas, that the Site Plan shows no work, improvements or
equipment outside the Exclusive Areas and Shared Areas properly depicted and labeled on the
Boundary Plan, and that all work, improvements and equipment is encompassed within the
purposes enumerated in the Standard Terms for that particular Exclusive Area or Shared Area.
Any work, improvements or equipment not conforming to all the foregoing is prohibited, even if it is
clearly shown on the Site Plan or discussed in the Standard Terms. Any refinement or other
change to the Site Plan after City executes this Agreement is void unless Wireless Provider obtains
Wireless Provider's approval of the change pursuant to the plans approval processes set out in the
Standard Terms and pursuant to all applicable regulatory requirements.
1.2.3 Term of Agreement. The term of this Agreement is as stated in the
Standard Terms.
1.2.4 Wireless Provider's Payments. Wireless Provider shall pay to City the
amounts described in the Standard Terms.
1.2.5 Use Restrictions. Wireless Provider shall comply with the use restrictions
set out in the Standard Terms.
1.2.6 Encroachment Permits. This Agreement constitutes a Class 8
"Encroachment Permit" under Chapter 46 of the Chandler City Code to the extent of granting
permission for the Communications Equipment to exist on the Street Parcel but not to allow any
construction or other work of any description in the Right-of-way or to allow obstruction of traffic or
alteration of City's improvements. Before performing any work on the Right-of-way, Wireless
Provider shall obtain the following additional encroachment permits, as applicable:
1.2.6.1 Permission to Work in the Right-of-way.
1.2.6.2 Traffic Control Plan.
1.2.6.3 Any other applicable permits regarding work in the Right-of-way.
1.2.7 Compliance with Law. Wireless Provider acknowledges that this
Agreement does not constitute, and City has not promised or offered, any type of waiver of, or
agreement to waive (or show any type of forbearance, priority or favoritism to Wireless Provider
with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement
Marana Study Session Council Meeting 10/10/2017 Page 3 of 4 Page 58 of 144
EXHIBI T A-3
now or hereafter imposed by the City of Chandler or any other governmental body upon or
affecting Wireless Provider's use of the Street Parcel. For example, Wireless Provider shall comply
with all zoning, building and Right-of-way codes, ordinances and policies.
2. City's Initial Information. Unless and until City gives notice otherwise, City's contract
administrator shall be the City's Regulatory Affairs Manager.
3. Wireless Provider's Initial Information. Unless and until Wireless Provider gives notice
otherwise:
3.1 Wireless Provider's network operations center phone number as required by
paragraph 7.1.3 of the Standard Terms is ( ) - 1.
3.2 Wireless Provider's address for notices as required by paragraph 17.8 of the
Standard Terms shall be:
3.3 Wireless Provider's billing address for routine billing invoices as required by
paragraph 4.2 of the Standard Terms shall be:
EXECUTED as of the date first given above.
CITY: CITY OF CHANDLER,
an Arizona municipal corporation
By:
Regulatory Affairs Manager
WIRELESS PROVIDER:
a
By:
Its:
Marana Study Session Council Meeting 10/10/2017 Page 4 of 4 Page 59 of 144
EXHIBI T A-3
TABLE OF EXHIBITS FOR SITE LICENSE
Exhibit Paragraph Description
A D Boundary Plan
B E Site Plan
Marana Study Session Council Meeting 10/10/2017 Page 60 of 144
Exhibit B
WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS
The Wireless Facilities Standard Terms and Conditions ("Standard Terms") are made and entered
in this day of 2017) by the City of Chandler, an Arizona
municipal corporation ("City").
STANDARD RECITALS
A. Various laws (the "Telecommunications Laws") authorize City to regulate its streets,
alleys and public utility easements, and to grant, renew, deny, amend and terminate licenses for
and otherwise regulate the installation, operation and maintenance of telecommunications
systems. The Telecommunications Laws include, without limitation, the following:
1) Chapter 46 of the Chandler City Code entitled "Encroachments and Other Uses in
the Public Right-of-Way" (the "Street Code"). Chandler City Code, Sec. 46-10,
applies to a Wireless Provider, as defined in A.R.S. §9-591(26) ("Wireless
Provider").
2) The Chandler City Charter.
3) A.R.S. §§ 9-581 through 9-583, §§ 9-591 through 9-599 and other state and federal
statutes.
4) The Constitution of the State of Arizona.
5) Other applicable federal, state and local laws, codes, rules and regulations.
6) City's police powers, its authority over public Right-of-way, and its other
governmental powers and authority.
B. City owns public street and alley rights-of-way and public utility easements within
the boundaries of the City of Chandler that are designated for use by utility companies for
installation, operation and repair of water, electrical and other utilities pursuant to franchises,
licenses or other agreements between utility companies and City (collectively the "Right-of-
way„).
C. City anticipates that one or more Wireless Providers may desire to locate antennas
and immediately related equipment at various ("the Sites") within the Right-of-way.
D. The Standard Terms become effective as to each site as they are incorporated in
the Site License Agreement by reference. Except as otherwise stated, each Site License
Agreement stands on its own.
E. The purpose of these Standard Terms is to:
1) Promote uniformity in the Site License Agreements.
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2) Streamline the preparation and administration of the Site License Agreement.
F. Because City's existing streetlight poles and traffic signed poles are not designed to
safely support the additional weight and stress of Wireless Facilities, Wireless Providers shall be
required to provide poles designed to support these facilities to replace existing poles prior to
attaching Wireless Facilities.
STANDARD TERMS
I. DEFINITIONS
1. Definitions. For the purposes of the Standard Terms:
"Antenna" means communications equipment that transmits or receives electromagnetic radio
frequency signals and that is used in providing wireless services.
"Base Use Fee" means the amount that the Company shall pay to City for each year of this license
for use of City Right-of-way and City-owned Pole, as set out in the current fee schedule.
"Communications Equipment" means any and all electronic equipment at the Small Wireless
Facility location that processes and transports information from the antennas to the Wireless
Provider's network.
"Competing Users" means entities that own the water pipes, cables and wires, pavement, and
other facilities which may be located within the Right-of-way. The Competing Users include without
limitation, the City, the State of Arizona and its political subdivisions, the public, and all manner of
utility companies and other existing or future users of the Use Areas.
"Encroachment Permit" means a permit issued pursuant to Chapter 46 of the Chandler City Code
that allows the Wireless Provider to perform work in the Right-of-way and to install and operate
improvements in the Right-of-way.
"FCC" means the Federal Communications Commission.
"FCC Rules" means all applicable radio frequency emissions laws and regulations.
"FCC OET Bulletin 65" means the FCC's Office of Engineering & Technology Bulletin 65 that
includes the FCC Radio Frequency Exposure Guidelines.
"Ordinary Permit Use Fee" means the City's encroachment permit application, review and other
fees related to the issuance of the permit.
"RF" means radio frequency.
"RF Letter" means a letter attesting to the Wireless Provider's compliance with FCC RF exposure
guidelines from the Wireless Provider's senior internal engineer.
"Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the area on, below or
above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does not
include a Federal Interstate Highway, a state highway or state route under the jurisdiction of the
Department of Transportation, a private easement, property that is owned by a special taxing
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Marana Study Session Council Meeting 10/10/2017 Page 62 of 144
district, or a utility easement that does not authorize the deployment sought by the wireless
provider.
"Site Documents" means the depiction of the use area, schematic plans and map showing location
of the installation of the Wireless Facility in the Right-of-way, including but not limited to the title
report of the use area, vicinity map, site plan, elevations, technical specifications and the cubic feet
of the non-antenna wireless equipment.
"Site License Agreement" means the site specific license that incorporates the Standard Recitals
and the Standard Terms for Wireless Providers to install and operate Wireless Facilities in the
City's Right-of-way.
"Small Wireless Facility" as defined in A.R.S. §9-591(19), means a Wireless Facility that meets
both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six (6) cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and all of the
antenna's exposed elements could fit within an imaginary enclosure of not more than six (6)
cubic feet in volume.
(b) All other wireless equipment associated with the facility is cumulatively not more
than twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in volume if the
equipment was ground mounted before the effective date of this section. The following
types of associated ancillary equipment are not included in the calculation of equipment
volume pursuant to this subdivision:
(i) An electric meter.
(ii) Concealment elements.
(iii) A telecommunications demarcation box.
(iv) Grounding equipment.
(v) A power transfer switch.
(vi) A cutoff switch.
(vii) Vertical cable runs for the connection of power and other services.
"Third Party Areas" means the portions of the Right-of-way, such as canal crossings or other areas
that for any reason have limited Right-of-way dedications or that have regulatory use restrictions
imposed by a third party.
"Violation Use Fee" means the types of fees that the City has available to remedy certain breaches
of the Site License Agreement by a Wireless Provider.
"Wireless Facility" as defined in A.R.S. §9-591(22):
(a) Means equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including both of the following:
(i) Equipment associated with wireless communications.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup
power supplies and comparable equipment, regardless of technological
configuration.
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(b) Includes small wireless facilities.
(c) Does not include the structure or improvements on, under or within which the
equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic that is between
wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not
immediately adjacent to, or directly associated with, an antenna.
(d) Does not include Wi-Fi radio equipment described in Section 9-506, Subsection I or
microcell equipment described in Section 9-584, Subsection E.
"Wireless Infrastructure Provider" as defined in A.R.S. §9-591(23) means any person that is
authorized to provide telecommunications service in this state and that builds or installs wireless
communications transmission equipment, wireless facilities, utility poles or monopoles but that is
not a wireless service provider. Wireless Infrastructure Provider does not include a special taxing
district.
"Wireless Provider" as defined in A.R.S. §9-591(24) means a Cable Operator, Wireless
Infrastructure Provider or Wireless Services Provider.
"Wireless Provider's Improvements" means all improvements installed by the Wireless Provider,
including, but not limited to: all elements of the Wireless Facility, all screening elements, any
landscaping plants or materials, and any other elements provided by the Wireless Provider in the
approved Site License Agreement.
"Wireless Services" as defined in A.R.S. §9-591(25) means any services that are provided to the
public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using
wireless facilities.
"Wireless Services Provider" as defined in A.R.S. §9-591(26) means a person that provides
wireless services. Wireless Services Provider does not include a special taxing district.
"Wireless Support Structure" as defined in A.R.S. §9-591(27):
(a) Means:
(i) A freestanding structure, such as a monopole.
(ii) A tower, either guyed or self-supporting.
(iii) A sign or billboard.
(iv) Any other existing or proposed structure designed to support or capable of
supporting small wireless facilities.
(b) Does not include a utility pole.
II. USE AREAS
2. Use Areas. Upon approval of an Antenna Site Right-of-way License Agreement ("Site License
Agreement"), City grants to Wireless Provider a license to use the Use Areas as follows:
2.1 Limitations. Notwithstanding anything herein to the contrary, the Use Areas include
and are limited to only certain areas that Wireless Provider is permitted to exclusively use and
occupy (the "Exclusive Areas") and certain areas that Wireless Provider is permitted to use on a
shared basis (the "Shared Areas"). The Use Areas are defined by the Boundary Plan.
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2.2 Use Areas Boundary. The Use Areas is the smallest geometric shape that includes
the Exclusive Areas and the Shared Areas. The Use Areas excludes other parts of the Street
Parcel and all other land. Wireless Provider shall not occupy or use any other portion of the Street
Parcel or adjoining lands. This Agreement does not allow any use of Wireless Provider's land
outside the Street Parcel. If any portion of Wireless Provider's work, improvement or equipment is
to be located on other land, then such work, improvements and equipment are prohibited unless
Wireless Provider first obtains from the owner of said land (including City, if applicable) an
agreement allowing such work, improvements and equipment (a "Supplemental Parcel
Agreement").
2.3 Exclusive Areas. The Exclusive Areas are limited to the following, if and as defined
by the Boundary Plan:
2.3.1 The land area defined as "Enclosure" on the Boundary Plan to be used by
Wireless Provider solely for the enclosure housing the electronic ground equipment shown on the
Site Plan (the "Enclosure"). Such area is confined to the actual area occupied by the exterior
structure and the interior of the enclosure. If the Boundary Plan does not show a clearly defined
and correctly labeled "Enclosure" area, then no enclosure area is available for Wireless Provider's
use under an approved Site License Agreement and any enclosure for Wireless Provider's use
must be located outside the Street Parcel and authorized by a Supplemental Parcel Agreement.
2.3.2 The area on the Pole defined as "Antennas" on the Boundary Plan to be
used by Wireless Provider solely for mounting the Antennas. Such area is confined to the City
approved elevations and locations actually occupied by the Antennas and their supporting
brackets. If the Boundary Plan does not show a clearly defined and correctly labeled "Antennas"
area, then no main antennas area is available for Wireless Provider's use under this Agreement
and any main antennas for Wireless Provider's use must be located outside the Street Parcel and
authorized by a Supplemental Parcel Agreement.
2.4 Shared Areas. Shared Areas are limited to the following areas, if and as defined by
the Boundary Plan:
2.4.1 A motor vehicle Parking space (the "Parking Space") at the "Parking
Space" location described on the Boundary Plan to be used by Wireless Provider solely for
parking a service vehicle to service the Communications Equipment and for ingress and egress
to that Parking Space.
2.4.2 No temporary construction area is provided by these Standard Terms or an
approved Site License Agreement. Wireless Provider must obtain from City a separate written
document giving Wireless Provider permission to work in the Right-of-way, as described elsewhere
herein.
2.4.3 An underground cable route (the "Signal Route") labeled as the "Signal
Route" described on the Boundary Plan from the Enclosure to the Antenna to be used by Wireless
Provider solely for underground radio frequency lines between the Enclosure and the Antenna.
Notwithstanding the preceding sentence, the portion of the Signal Route upon the Pole shall not be
underground but shall be within the Pole. If the Boundary Plan does not show a clearly defined and
correctly labeled "Signal Route" area, then no signal route area is available for Wireless Provider's
use under these Standard Terms or an approved Site License Agreement and any signal route for
Wireless Provider's use must be located outside the Street Parcel and authorized by a
Supplemental Parcel Agreement.
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2.5 Power and Telephone Service. Nothing herein grants permission for any portion of
the power, telephone or other service routes, if any. (Use of the public street Right-of-way or
public utility easements for these purposes, if any, is governed by normal City Right-of-way
rules and policies and by the franchise between the City and the electrical and telephone
service providers.)
2.6 Rights in Adjacent Land. Wireless Provider's rights are expressly limited to the real
property defined as the "Use Areas" in this Agreement. Without limitation, in the event any public
Right-of-way or other public or private property at or adjacent to the Use Areas is owned,
dedicated, abandoned or otherwise acquired, used, improved or disposed of by City, such property
shall not accrue to Wireless Provider but shall be City's only.
2.7 Variation in Area. In the event the Use Areas consist of more or less than any
stated area, Wireless Provider's obligations hereunder shall not be increased or diminished.
2.8 Condition of Title. Wireless Provider shall not have power to amend, modify,
terminate or otherwise change the Site Documents or create new Site Documents.
2.8.1 City does not warrant its own or any other person's title to or rights to use
the Use Areas or any other property.
2.8.2 Wireless Provider shall pay, indemnify, defend and hold harmless City and
its agents and representatives of, from and against any and all claims, demands, damages,
expenses, interest or penalties of any kind or nature whatsoever, including attorneys', arbitrators'
and experts' fees and court costs that arise from or relate to Wireless Provider's non-compliance
with the Site Documents.
2.9 Condition of Use Areas. The Use Areas are being made available in an "as is
condition without any express or implied warranties of any kind, including without limitation any
warranties or representations as to their condition or fitness for any use.
2.10 No Real Property Interest. Notwithstanding any provision hereof to the contrary,
and notwithstanding any negotiation, correspondence, course of performance or dealing, or other
statements or acts by or between the parties, Wireless Provider's rights herein are limited to use
and occupation of the Use Areas for the Permitted Uses. Wireless Provider's rights in the Use
Areas are limited to the specific rights created herein as an approved Site License Agreement.
2.11 Limited Rights in Use Areas. An approved Site License Agreement grants Wireless
Provider no rights to or use of the Use Areas other than those expressly granted herein.
2.12 Reserved Right and Competing Users and Activities. Notwithstanding anything
herein to the contrary, City specifically reserves to itself and excludes from an approved Site
License Agreement a non-exclusive delegable right (the "Reserved Right") over the entire Use
Areas for all manner of real and personal improvements and for streets, sidewalks, trails,
landscaping, utilities and every other land use of every description. Without limitation:
2.12.1 Competing Users. Wireless Provider accepts the risk that City and others
(the "Competing Users") may now or in the future install their facilities in the Use Areas in locations
that make parts of the Right-of-way unavailable for Wireless Provider's use.
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2.12.2 Competing Activities. Wireless Provider accepts the risk that there may now
or in the future exist upon the Use Areas all manner of work and improvements upon the Use
Areas (the "Competing Activities"). The Competing Activities include without limitation any and all
laying construction, erection, installation, use, operation, repair, replacement, removal, relocation,
raising, lowering, widening, realigning or other dealing with any or all of the following, whether
above, upon or below the surface of the Use Areas and whether occasioned by existing or
proposed uses of the Right-of-way or existing or proposed uses of adjoining or nearby land:
2.12.2.1 All manner of streets, alleys, sidewalks, trails, ways, traffic
control devices, subways, tunnels, trains and gates of every description, and all manner of other
transportation facilities and their appurtenances.
2.12.2.2 All manner of pipes, wires, cables, conduits, sewers, pumps,
valves, switches, conductors, connectors, poles, supports, access points and guy wires of every
description, and all manner of other utility facilities and their appurtenances.
2.12.2.3 All manner of canals, drains, bridges, viaducts, overpasses,
underpasses, culverts, markings, balconies, porches, overhangs and other encroachments of
every description and all manner of other facilities and their appurtenances.
2.12.2.4 All other uses of the Right-of-way that City may permit from
time to time.
2.12.3 City's Rights Cumulative. All of City's Reserved Rights under various
provisions of this Site License herein shall be cumulative to each other.
2.12.4 Use Priorities. These Standard Terms do not grant to Wireless Provider or
establish for Wireless Provider any exclusive rights or priority in favor of Wireless Provider to use
the Use Areas. Wireless Provider shall not obstruct or interfere with or prevent any Competing
User from using the Use Areas.
2.12.5 Regulation. City shall have full authority to regulate use of the Use Areas
and to resolve competing demands and preferences regarding use of the Use Areas and to require
Wireless Provider to cooperate and participate in implementing such resolutions. Without limitation,
City may take any or all of the following into account in regulating use of the Use Areas:
2.12.5.1 All timing, public, operational, financial and other factors
affecting existing and future proposals, needs and plans for Competing Activities.
2.12.5.2 All other factors City may consider relevant, whether or not
mentioned in this Agreement.
2.12.5.3 Differing regulatory regimes or laws applicable to claimed
rights, public benefits, community needs and all other factors relating to Competing Users and
Competing Activities.
2.12.6 Communications Equipment Relocation. Upon one hundred eighty (180)
days' notice from City, Wireless Provider shall temporarily or permanently relocate or otherwise
modify the Communications Equipment Relocation (the "Relocation Work") as follows:
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2.12.6.1 Wireless Provider shall perform the Relocation Work at its
own expense when required by City's city manager or designee.
2.12.6.2 The Relocation Work includes all work determined by City to
be necessary to accommodate Competing Activities, including without limitation temporarily or
permanently removing, protecting, supporting, disconnecting or relocating any portion of the
Communications Equipment.
2.12.6.3 City may perform any part of the Relocation Work that has
not been performed within the allotted time. Wireless Provider shall reimburse City for its actual
costs in performing any Relocation Work. City has no obligation to move Wireless Provider's, City's
or others' facilities.
2.12.6.4 City and not Wireless Provider shall be entitled to use any of
Wireless Provider's facilities that are abandoned in place or that are not relocated on City's
request.
2.12.6.5 All Relocation Work shall be subject to and comply with all
other provisions of this Agreement.
2.12.7 Disruption by Competing Users. Neither City nor any agent, contractor or
employee of City shall be liable to Wireless Provider, its customers or third parties for any service
disruption or for any other harm caused them or the Communications Equipment due to Competing
Users or Competing Activities.
2.12.8 Emergency Disruption by City. City may remove, alter, tear out, relocate
or damage portions of the Communications Equipment in the case of fire, disaster, or other
emergencies if City's city manager or designee deems such action to be reasonably necessary
under the circumstances. In such event, neither City nor any agent, contractor or employee of
City shall be liable to Wireless Provider or its customers or third parties for any harm so caused
to them or the Communications Equipment. When practical, City shall consult with Wireless
Provider in advance to assess the necessity of such actions and to minimize to the extent
practical under the circumstances damage to and disruption of operation of the Communications
Equipment. In any event, City shall inform Wireless Provider after such actions. Wireless
Provider's work to repair or restore the Communications Equipment shall be Relocation Work.
2.12.9 Public Safety. If the Communications Equipment or any other Wireless
Provider equipment, improvements or activities present any immediate hazard or impediment to
the public, to City, to City's equipment or facilities, to other improvements or activities within or
without the Use Areas, or to City's ability to safely and conveniently operate the Right-of-way or
perform City's utility, public safety or other public health, safety and welfare functions, then
Wireless Provider shall immediately remedy the hazard, comply with City's requests to secure the
Street Parcel, and otherwise cooperate with City at no expense to City to remove any such hazard
or impediment. Wireless Provider's work crews shall report the Use Areas within four (4) hours of
any request by City under this paragraph (the "Safety Paragraph").
2.13 Third Party Permission. There may be portions of the Right-of-way, such as canal
crossings or other areas that for any reason have limited Right-of-way dedications or that have
regulatory use restrictions imposed by a third party ("Third Party"). Areas subject to such
restrictions or regulations by Third Parties are referred to as "Third Party Areas" and
communications equipment may not be built without permission from the Third Party or Third
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Parties that have property rights or regulatory authority over a specific Third Party Area. Wireless
Provider's right to use any Use Areas shall be suspended, but not its obligations with respect
thereto, during any period that a Third Party Permission is not in effect.
III. TERM OF SITE LICENSE AGREEMENTS
3. Term of Agreement. The term of each Site License Agreement shall be as follows:
3.1 Original Term. The original term of each Site License Agreement shall be for a
period of ten (10)years commencing on the effective date stated herein.
3.2 Extensions. The term of each Site License Agreement may be extended as follows:
3.2.1 The term of each Site License Agreement may be extended for one (1)
additional ten (10) year period subject to consent by City and Wireless Provider, which either may
withhold in its sole and absolute discretion.
3.2.2 Both City and Wireless Provider shall be deemed to have elected to extend
unless City or Wireless Provider, respectively, gives notice to the contrary to the other at least
ninety (90) days prior to the end of the original term or the current extension.
3.2.3 The second term shall begin ten (10) years plus one (1) day after the initial
effective date.
3.3 Holdin Over. In any circumstance whereby Wireless Provider would remain in
possession or occupancy of the Use Areas after the expiration of this Site License Agreement, (as
extended, if applicable),such holding over shall not be deemed to operate as a renewal or
extension of this Site License Agreement, but shall only create a use right from month to month
that may be terminated at any time by City upon thirty (30) days' notice to Wireless Provider, or by
Wireless Provider upon sixty (60) days' notice to City.
3.4 City's Right to Cancel. Notwithstanding anything contained herein to the contrary,
City shall have the unconditional right, with or without cause, to terminate any Site License
Agreement for any reason whatsoever or for no reason upon one hundred eighty (180) days' notice
given at any time after the first one hundred eighty days (180) days.
3.5 Wireless Provider's Right to Cancel. Wireless Provider shall have the unilateral
right to terminate any Site License Agreement without cause upon thirty (30) days' written notice.
Wireless Provider has no right to terminate any time after an event of default by Wireless Provider
has occurred (or an event has occurred that would become a default after passage of time or
giving of notice).
IV. WIRELESS PROVIDER'S PAYMENTS
4. Wireless Provider's Payments. Wireless Provider shall make payments to City as follows:
4.1 Use Fee Items. Wireless Provider shall pay to City each of the following separate
and cumulative amounts (collectively the "Use Fee"):
4.1.1 An annual amount (the "Base Use Fee").
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4.1.2 An amount (the "Ordinary Permit Use Fee") based on Wireless Provider's
permit review and other costs as set out below.
4.1.3 An amount (the "Violation Use Fee") based on certain breaches by
Wireless Provider of this Agreement as set out below.
4.1.4 All other amounts required by this Agreement.
4.2 Base Use Fee Amount. The amount of Base Use Fee Wireless Provider shall pay
to City for each year of this Agreement shall be the total of all applicable fee line items for wireless
communications facilities (including without limitation "antenna base fee" and "ground equipment
fee", as applicable) as set out in the then current fee schedule as it may be amended from time to
time by City's city council.
4.3 Ordinary Permit Use Fee Amount. The amount of the Ordinary Permit Use Fee
shall be the total amount of all applicable ordinary fees payable to City for City's review of plans,
issuance of permits, and inspection of Wireless Provider's work upon the Use Areas (including,
without limitation, encroachment permits) as set out in the then current fee schedule as it may
be amended from time to time by City's city council. The Permit Use Fee for Small Wireless
Facilities as defined in A.R.S. § 9-591(19) shall be Seven Hundred Fifty Dollars ($750) and the
Permit Use Fee for wireless sites under A.R.S. § 9-594 shall be One Thousand Dollars
($1,000).
4.4 Adjustments. Violation Use Fee (Fee) and other fixed dollar amounts stated
herein shall be automatically adjusted upward on each annual anniversary of this Agreement.
The adjustment shall be made on the basis of changes in the United States Consumer Price
Index for all Urban Consumers (CPI-U), U.S. City Average, all items, published by the United
States Bureau of Labor Statistics (the "Cost of Living Index"). Any delayed adjustment shall be
effective retroactively. Insurance coverages shall be adjusted only once every five (5) years and
shall be rounded up to the nearest million dollars.
4.5 Use Fee Cumulative. All items of Use Fee shall be cumulative and separate from
each other.
4.6 Use Fee Schedule. Except as specifically provided elsewhere for Violation Use
Fee, Wireless Provider shall pay all Use Fee on the following schedule:
4.6.1 Wireless Provider shall pay Base Use Fee and Ordinary Permit Use Fee at
the times and in the amounts specified by City's normal processes for Base Use Fee and Ordinary
Permit Use Fee.
4.6.2 All other Use Fee shall be payable quarterly in arrears on the last day of the
first month of the next calendar quarter. For example, the Violation Use Fee for the first calendar
quarter of a year, if any, shall be payable on or before April 30.
4.7 Letter of Credit. The Initial Letter of Credit amount shall be based upon the
Wireless Provider's good faith projection of the number of sites to be constructed within the City of
Chandler during the current calendar year. The Initial Letter of Credit shall be received by the City
before any construction and encroachment permits are issued as follows:
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4.7.1 The amount of the letter of credit shall be as follows: Thirty Thousand
Dollars ($30,000.00) for up to ten (10) wireless sites; Sixty Thousand Dollars ($60,000) for
eleven (11) to twenty (20) wireless sites; One Hundred Five Thousand Dollars ($105,000) for
twenty one (21) to thirty five (35) wireless sites; One Hundred Eighty Thousand Dollars
($180,000) for thirty six (36) to sixty (60) wireless sites; Three Hundred Thousand Dollars
($300,000) for sixty one (61) to one hundred (100) wireless sites; Four Hundred Fifty Thousand
Dollars ($450,000) for one hundred one (101) to one hundred fifty (150) wireless sites; Six
Hundred Seventy Five Thousand Dollars ($675,000) for one hundred fifty one (151) to two
hundred twenty five (225) wireless sites; One Million Fifty Thousand Dollars ($1,050,000) for
two hundred twenty six (226) to three hundred fifty (350) wireless sites; One Million Five
Hundred Thousand Dollars ($1,500,000) for three hundred fifty one (351) to five hundred (500)
wireless sites; Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) for five hundred
one (501) to seven hundred fifty (750) wireless sites; and Three Million Dollars ($3,000,000) for
seven hundred fifty one (751) to one thousand (1,000) wireless sites. If the number of Wireless
Provider's wireless sites is more than one thousand (1,000), the Three Million Dollar
($3,000,000) letter of credit shall remain in effect and the letter of credit for the wireless sites in
excess of one thousand sites shall be calculated using the schedule provided in this subsection.
4.7.1.1 The City will determine at least once annually if the number of
Wireless Provider's wireless sites that are licensed require that the letter of credit be upgraded
to a higher amount. If City requires a new letter of credit, it shall provide formal notice in writing
to the Wireless Provider. The Wireless Provider must provide the new letter of credit within 45
days of receiving written notice.
4.7.1 The letter of credit is a security deposit for Wireless Provider's
performance of all of its obligations under these Standard Terms within the City of Chandler.
4.7.2 The letter of credit shall meet the requirements listed on Attachment "C"
attached hereto.
4.7.3 Wireless Provider shall provide and maintain the letter of credit during
the entire term of each Site License Agreement as follows:
4.7.3.1 Wireless Provider shall cause the original letter of credit to be
delivered to City's regulatory affairs manager.
4.7.3.2 Wireless Provider shall pay all costs associated with the letter
of credit, regardless of the reason or manner such costs are required.
4.7.3.3 Within ten (10) business days after City gives Wireless
Provider notice that City has drawn on the letter of credit, Wireless Provider shall cause the
letter of credit to be replenished to its prior amount.
4.7.4 City may draw on the letter of credit upon any Event of Default, and in
the following circumstances whether or not they are an Event of Default:
4.7.4.1 Wireless Provider fails to cause the letter of credit to be
renewed, extended, increased in amount or otherwise maintained as required by these
Standard Terms.
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4.7.4.2 Wireless Provider fails to make monetary payments as
required by these Standard Terms.
4.7.4.3 The issuer of the letter of credit fails to immediately honor a
draft on the letter of credit or otherwise repudiates or fails to honor the letter of credit.
4.7.5 City shall also have such additional rights regarding the letter of credit as
may be provided elsewhere in this Agreement.
4.8 Late Fees. Use Fee is deemed paid only when City actually receives good cash
payment. Should any Use Fee not be paid on or before the date due, a late fee shall be added to
the amount due in the amount of the greater of ten percent (10%) of the amount due, or One
Hundred Dollars ($100). Furthermore, any Use Fee that is not timely paid shall accrue simple
interest at the rate of one and one-half percent (1 1/2 %) per month from the date the amount first
came due until paid. Wireless Provider expressly agrees that the foregoing represent fair and
reasonable estimates by City and Wireless Provider of City's costs (such as accounting,
administrative, legal and processing costs, etc.) in the event of a delay in payment of Use Fee. City
shall have the right to allocate payments received from Wireless Provider among Wireless
Provider's obligations.
4.9 Use Fee Amounts Cumulative. All amounts payable by Wireless Provider
hereunder or under any tax, assessment or other existing or future ordinance, law or other contract
or obligations to the City of Chandler or the State of Arizona shall be cumulative and payable in
addition to each other payment required hereunder, and such amounts shall not be credited
toward, substituted for, or setoff against each other in any manner.
V. USE RESTRICTIONS
5. Use Restrictions. Wireless Provider's use and occupation of the Use Areas shall in all respects
conform to all and each of the following cumulative provisions:
5.1 Permitted Uses. Wireless Provider shall use the Use Areas solely for the Permitted
Uses and shall conduct no other activity at or from the Use Areas.
5.2 Enclosure Use. Wireless Provider shall use the Enclosure solely for locating utility
cabinets and housing the Communications Equipment used for the Antennas.
5.3 Small Wireless Facility. Wireless Provider may install a Small Wireless Facility, as
defined in A.R.S. 9-591(19), to be limited to:
5.3.1 All antennas, including the antenna's exposed elements, are located inside
an enclosure of not more than six (6) cubic feet in volume, and
5.3.2 All other wireless equipment associated with the facility is cumulatively not
more than twenty-eight (28) cubic feet in volume.
5.3.3. The following ancillary equipment is not included in the equipment volume:
electric meter, concealment elements, telecom demarcation box, grounding equipment, power
transfer switch, cutoff switch, and vertical cable runs.
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5.4 Communications Operations Restriction. Wireless Provider shall not install,
operate, or allow the use of equipment, methodology or technology that interferes or is likely to
interfere with the optimum effective use or operation of City's existing or future fire, emergency or
other communications equipment, methodology or technology (i.e., voice or other data carrying,
receiving or transmitting equipment). If such interference should occur, Wireless Provider shall
immediately discontinue using the equipment, methodology or technology that causes the
interference until Wireless Provider takes corrective measures to alter the Communications
Equipment to eliminate such interference. Any such corrective measures shall be made at no cost
to City. Wireless Provider shall give to City notice containing a list of the radio frequencies Wireless
Provider is using at the Use Areas and shall give notice to City of any change in frequencies.
5.5 Other Equipment. Wireless Provider shall not disturb or otherwise interfere with any
other antennas or other equipment City may have already installed or may yet install upon the
Street Parcel.
5.6 Signs. All signage is prohibited except in compliance with the following
requirements:
5.6.1 Wireless Provider shall install and thereafter maintain the following signs
and other markings as reasonably determined by City from time to time:
5.6.1.1 All signs and markings required for safe use of the Use Areas by
City, Wireless Provider and other persons who may be at the Use Areas at any time for any
reason.
5.6.1.2 Any signage City may request directing parking, deliveries and
other vehicles and other users to comply with this Agreement.
5.6.1.3 Warning signs listing only Wireless Provider's name, permanent
business address, telephone number, emergency telephone number, and any information required
by law.
5.6.2 All signage not expressly allowed by these Standard Terms is prohibited.
5.6.3 The location, size, content and style of each sign shall be subject to the
provisions of the applicable sign ordinance and shall comply with City's sign programs as the same
may change from time to time. Wireless Provider shall update signs as required to comply with
changes in the applicable sign ordinance and City's sign programs.
5.6.4 Wireless Provider shall design, make, install and maintain all signage in a
first class, professional manner without broken panels, faded or peeling paint or other damage.
5.6.5 Wireless Provider shall bear all costs pertaining to the erection, installation,
operation, maintenance, replacement and removal of all signs including, but not limited to, the
application for and obtaining of any required building or other permits regardless of the reason for
any such activity, even if such activity is required by City pursuant to these Standard Terms.
5.6.6 The requirements of this paragraph apply to all signs, designs, monuments,
decals, graphics, posters, banners, markings, and other manner of signage.
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5.7 Wireless Provider's Lighting. Except for security lighting operated with City's
approval from time to time, Wireless Provider shall not operate outdoor lights at the Use Areas.
5.8 Noise. Except during construction permitted under this Agreement and for burglar
alarms and other safety devices, outdoor loud speakers, sirens or other devices for making noise
are prohibited. All equipment shall be operated so that sound coming therefrom does not exceed
the ambient noise level at the boundary of the Street Parcel and cannot be heard at the closer of i)
the exterior boundary of the Street Parcel or ii) two hundred feet (200') outside the boundary of the
Street Parcel. The preceding sentence does not apply to use of normal, properly maintained
construction equipment used as permitted by an approved Site License Agreement, to infrequent
use of equipment that is as quiet or quieter than a typical well maintained gasoline powered
passenger automobile, to use of an air conditioning unit that is no noisier than a typical well
maintained residential air conditioning unit.
5.9 Limited Access. It is Wireless Provider's and not City's responsibility to keep
unauthorized persons from accessing the Communications Equipment and the Exclusive Areas.
5.10 Standards of Service. Wireless Provider shall operate the Use Areas in a first-class
manner, and shall keep the Use Areas attractively maintained, orderly, clean, neat and tidy at all
times. Wireless Provider shall not allow any person or persons in or about the Use Areas related to
Wireless Provider's operations who shall fail to be clean, courteous, efficient and neat in
appearance.
5.11 Wireless Provider's Agent. Wireless Provider shall at all times retain on call
available to City by telephone an active, qualified, competent and experienced person to supervise
all activities upon the Use Areas and operation of the Communications Equipment and who shall
be authorized to represent and act for Wireless Provider in matters pertaining to all emergencies
and the day-to-day operation of the Right-of-way and all other matters affecting approved Site
License Agreement. Wireless Provider shall also provide notice to City of the name, street
address, electronic mail address, and regular and after hours telephone number of a person to
handle Wireless Provider's affairs and emergencies at the Right-of-way. Any change shall be given
in writing to City's Regulatory Affairs Manager in the manner stated for notices required herein.
5.12 Coordination Meetings. Wireless Provider shall meet with City and other Right-of-
way users from time to time as requested by City to coordinate and plan construction on the Use
Areas and all matters affected by these Standard Terms. Without limitation, Wireless Provider shall
attend City's scheduled utility planning meetings.
5.13 Toxic Substances. Wireless Provider's activities upon or about the Use Areas shall
be subject to the following regarding any hazardous or toxic substances, waste or materials or any
substance now or hereafter subject to regulation under the Comprehensive Environmental
Response Compensation and Liability Act, 42 U.S.C. §§ 9601, et seg., the Arizona Hazardous
Waste Management Act, A.R.S. §§49-901, et seg., the Resource Conservation and Recovery Act,
42 U.S.C. §§ 6901, et seg., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., or any
other federal, state, county, or local law pertaining to hazardous substances, waste or toxic
substances and their reporting requirements (collectively"Toxic Substances"):
5.13.1 Wireless Provider understands the hazards presented to persons, property
and the environment by dealing with Toxic Substances. City has made no warranties as to whether
the Use Areas contain actual or presumed asbestos or other Toxic Substances.
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5.13.2 Within twenty-four (24) hours after discovery by Wireless Provider of any
Toxic Substances, Wireless Provider shall report such Toxic Substances to City in writing. Within
fourteen (14) days thereafter, Wireless Provider shall provide City with a written report of the nature
and extent of such toxic substances found by Wireless Provider.
5.13.3 Disturbance of Toxic Substances. Prior to undertaking any construction or
other significant work, Wireless Provider shall cause the Use Areas to be inspected to prevent
disturbance of potential asbestos or other Toxic Substances. Prior to any work of any description
that bears a material risk of disturbing potential asbestos or other Toxic Substances, Wireless
Provider shall cause the contractor or other person performing such work to give to City notice by
the method described in these Standard Terms to the effect that the person will inspect for Toxic
Substances, will not disturb Toxic Substances, and will indemnify, defend and hold City harmless
against any disturbance in Toxic Substances in the course of the contractor's or other person's
work. Wireless Provider shall cause any on-site or off-site storage, inspection, treatment,
transportation, disposal, handling, or other work involving Toxic Substances by Wireless Provider
in connection with the Use Areas to be performed by persons, equipment, facilities and other
resources who are at all times properly and lawfully trained, authorized, licensed, permitted and
otherwise qualified to perform such services. Wireless Provider shall promptly deliver to City copies
of all reports or other information regarding Toxic Substances.
5.14 Required Operation. During the entire term of each Site License Agreement and
any renewals or extensions, Wireless Provider shall actively and continuously operate the
Communications Equipment twenty-four (24) hours a day, seven (7) days a week, for the
Permitted Uses. Notwithstanding anything contained in this paragraph to the contrary, the
operation requirements of this paragraph shall be effective commencing on the earlier of
completion of the Project or the Completion Deadline and shall continue through the date the
Site License Agreement terminates or expires for any reason. In the event of relocation of the
Communications Equipment or damage to the Use Areas severe enough that the
Communications Equipment cannot reasonably be operated during repairs, the operation
requirements of this paragraph shall be suspended during the time specified by these Standard
Terms for accomplishing repair of such damage to relocation of the Communications
Equipment. Wireless Provider may temporarily cease operating the Communications Equipment
for short periods necessary to test, repair, service or upgrade the Communications Equipment.
5.15 Actions by Others. Wireless Provider shall be responsible to ensure compliance
with these Standard Terms by all persons using the Right-of-way through or under Wireless
Provider or these Standard Terms.
VI. WIRELESS PROVIDER'S IMPROVEMENTS GENERALLY
6. Wireless Provider's Improvements Generally. All of Wireless Provider's improvements and
other construction work whether or not specifically described herein upon or related to the Use
Areas (collectively"Wireless Provider's Improvements") shall comply with the following:
6.1 Wireless Provider's Improvements. Wireless Provider's Improvements include
without limitation, all modification, replacement, repairs, installation, construction, grading,
structural, utility, lighting, plumbing, sewer or other alterations, parking or traffic alterations,
removal, demolition or other cumulatively significant construction or similar work of any description
and all installation or alteration of the Communications Equipment.
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6.2 Zoning and Similar Approval Process. The zoning processes, building permit
processes, Right-of-way management policies and similar regulatory requirements that apply to
Wireless Provider's Improvements are completely separate from the plans approval processes set
forth in these Standard Terms. Wireless Provider's satisfaction of any requirement set forth these
Standard Terms does not substitute for compliance with any regulatory requirement. Wireless
Provider's satisfaction of any regulatory requirement does not substitute for compliance with any
requirement of these standard terms. Wireless Provider must make all submittals and
communications regarding the requirements of these Standard Terms through City's Regulatory
Affairs Manager and not through planning, zoning, building safety or other staff. Wireless Provider
shall be responsible to directly obtain all necessary permits and approvals from any and all
governmental or other entities having standing or jurisdiction over the Use Areas. Wireless
Provider bears sole responsibility to comply with all stipulations and conditions that are required in
order to secure such rezoning and other approvals. Notwithstanding anything in this paragraph, to
the extent regulatory requirements and requirements of these Standard Terms are identical,
compliance with regulatory requirements shall constitute compliance with these Standard Terms
and vice versa.
6.2.1 Batching Sites for Approval. Only sites that do not have a new or a
replacement pole required for the antennas, and do not have any underground cables, conduit,
and foundations, are eligible for batch processing of the applications.
6.3 Relationship of Plans Approval to Regulatory Processes. Wireless Provider's
submission of plans under these Standard Terms, City's approval of plans for purposes of these
Standard Terms, and the plans approval process herein shall be separate and independent of all
development, zoning, design review and other regulatory or similar plans submittal and approval
processes, all of which shall continue to apply as provided under state law, in addition to the
requirements of these Standard Terms and its approvals. BUILDING PERMITS, ZONING
CLEARANCES, OR ANY OTHER GOVERNMENTAL REVIEWS OR ACTIONS DO NOT
CONSTITUTE APPROVAL OF ANY PLANS FOR PURPOSES OF THIS AGREEMENT.
6.4 City's Fixtures and Personalty. Wireless Provider shall not remove, alter or damage
in any way any improvements or any personal property of City upon the Use Areas without City's
prior written approval. In all cases, Wireless Provider will repair any damage or other alteration to
City's property caused by Wireless Provider or its contractors, employees or agents to as good or
better condition than existed before the damage or alteration.
6.5 Design Requirements. All Wireless Provider's Improvements shall comply with the
following design requirements:
6.5.1 All Wireless Provider's Improvements shall be contained entirely within the
Use Areas and without any encroachment or dependence upon any other property, except for
permitted utility service.
6.5.2 Any changes to utility facilities shall be strictly limited to the Use Areas,
shall not affect utilities used by City, and shall be undertaken by Wireless Provider at its sole cost
and expense.
6.5.3 The Antennas and other Communications Equipment shall be properly
designed, installed and maintained so as not to create a risk of damage to the Pole, to persons or
property upon or using the Street Parcel or City's other property.
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6.5.4 To the extent requested by City, Wireless Provider's plans shall include a
description of construction methods employed to address environmental issues affecting or
affected by the Use Areas and protect other facilities at the Street Parcel and surrounding
properties.
6.5.5 All specifications set forth in the City of Chandler Design Standards for
Small Wireless Facilities in the Right-of-Way, (Attachment A).
6.6 Approval Required. Wireless Provider shall not construct any Wireless Provider's
Improvements (including work on adjacent public lands, if applicable) without having first received
written plans approval from City. Such consent requirement shall apply to all improvements,
furnishings, equipment, fixtures, paint, wall treatments, utilities of every description,
communications cabling and other construction work of any description as described in all plans
heretofore or hereafter delivered by Wireless Provider to City. Such consent requirement does not
apply to work to the Communications Equipment confined completely inside the Enclosure and not
visible, audible, or otherwise discernible outside the Enclosure.
6.7 Effect of Plans Approval. Wireless Provider shall submit engineering and
construction plans to the City for review and approval. City's approval of plans submitted shall be
for purposes of these Standard Terms only and shall constitute irrevocable approval (but only at
the level of detail of the applicable stage of the review process) of the matters plainly shown on the
plans approved. City shall not reject subsequent plans to the extent the matter to which City objects
was plainly shown on plans previously approved by City. However, City is not precluded from
objecting to matters not previously approved, changes to plans, matters not previously clearly
disclosed on approved plans, or refinements or implementation of matters previously approved.
6.8 Plans Required. Wireless Provider's design of all Wireless Provider's
Improvements shall occur in three stages culminating in final working construction documents for
the Wireless Provider's Improvements (the "Final Plans"). The three stages are, in order of
submission and in increasing order of detail, as follows:
6.8.1 Conceptual plans showing the general layout, locations, elevations,
configuration, and capacities of all significant improvements, topographical features, pedestrian
and vehicular ways, buildings, utilities, and other features significantly affecting the appearance,
design, function or operation of each element of Wireless Provider's Improvements.
6.8.2 Preliminary plans showing all surface finishes and treatments, finished
elevations, general internal and external design (including without limitation colors, textures and
materials), mechanical, communications, electrical, plumbing and other utility systems, building
materials, landscaping and all other elements necessary prior to preparation of final working
construction documents and showing compliance with all requirements of these Standard Terms.
The preliminary plans shall show all detail necessary prior to preparation of Final Plans.
6.8.3 Final Plans. In addition to the information that City required for Preliminary
plans, the Final Plans shall include a title report for the Use Area and the Shared Use Area,
engineering design documents for the pole foundation, pole structural design, and other generally
required engineering specifications for construction drawings or"CD" plans for permits.
6.9 Approval Process. The following procedure shall govern Wireless Provider's
submission to City of all plans for Wireless Provider's Improvements, including any proposed
changes by Wireless Provider to previously approved plans:
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6.9.1 All plans Wireless Provider submits under these Standard Terms shall
show design, appearance, capacity, views, and other information reasonably deemed necessary
by City for a complete understanding of the work proposed, all in detail reasonably deemed
appropriate by City for the level of plans required herein.
6.9.2 Wireless Provider shall deliver all plans submissions for non-regulatory
approvals required herein directly to City's Regulatory Affairs Manager and shall clearly label the
submissions to indicate that they are submitted pursuant to the Standard Terms and not for
building permits, zoning or other approvals. Each submittal of plans by Wireless Provider for City's
review shall include five (5) complete sets of the plans on paper and, if requested, two (2) copies of
the plans in electronic form.
6.9.3 All construction plans shall be prepared by qualified registered professional
engineers.
6.9.4 City and Wireless Provider shall endeavor to resolve design and
construction issues to their mutual satisfaction but, in the event of an impasse for any reason or
however arising, in light of City's ownership and other uses of the Use Areas, and as a condition of
City's entering into a Site License Agreement, final decision authority regarding all design and
construction issues shall rest with City.
6.9.5 All Wireless Provider's Improvements shall comply with all requirements of
law, any applicable insurance contracts and these Standard Terms.
6.10 Cost of Wireless Provider Improvements. All Wireless Provider's Improvements
shall be designed and constructed by Wireless Provider at Wireless Provider's sole cost and
expense, including without limitation any alteration or other change to City's equipment or other
improvements or personalty that may occur. In no event shall City be obligated to compensate
Wireless Provider in any manner for any of Wireless Provider's Improvements or other work
provided by Wireless Provider during or related to the term of any approved Site License
Agreement. Wireless Provider shall timely pay for all labor, materials, work, and all professional
and other services related thereto and shall pay, protect, indemnify, defend and hold harmless City
and City's employees, officers, contractors and agents against all claims related to such items.
Wireless Provider shall bear the cost of all work required from time to time to cause the Use Areas
and City's adjoining property (if directly affected by Wireless Provider's work) to comply with local
zoning rules, the Americans with Disabilities Act, building codes and all similar rules, regulations
and other laws if such work is required because of work performed by Wireless Provider, by
Wireless Provider's use of the Use Areas, or by any exercise of the rights granted to Wireless
Provider under this Site License Agreement.
6.11 Improvement Quality. Any and all work performed on the Use Areas by Wireless
Provider shall be performed in a workman-like manner meeting or exceeding the best practices of
similar facilities in Maricopa County, Arizona, and shall be diligently pursued to completion and in
conformance with all building codes and similar rules. All of Wireless Provider's Improvements shall
be high quality, safe, fire resistant, modern in design, and attractive in appearance, all as approved
by City through the plans approval processes described in these Standard Terms in addition to any
zoning, building code or other regulatory processes that may apply.
6.12 Ownership of Wireless Provider's Improvements. All Wireless Provider's
Improvements (including without limitation poles and lights) except the Communications Equipment
shall be and become part of the real property of City "brick by brick" as constructed or installed.
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6.13 Damage During Work. Upon performing any work upon the Right-of-way, Wireless
Provider shall simultaneously restore the Right-of-way to its prior condition, as directed by City and
repair any holes, mounting surfaces or other damage whatsoever to the Right-of-way. Such work
shall include revegetation and appropriate irrigation systems for revegetated areas.
6.14 Replacement Pole. If City approves a Wireless Provider proposal to install
Antennas on a City owned pole, then in addition to the other requirements, the following shall
apply:
6.14.1 Wireless Provider shall provide and deliver to City a replacement pole,
including mast arm, so that a replacement is immediately available to City in case the original pole
is damaged.
6.14.2 If City uses a replacement pole, then Wireless Provider shall provide
another replacement pole.
6.14.3 Upon installation of a replacement pole, the City will determine if the
original pole, mast arm(s), signal head(s), and light fixture(s) shall be delivered by Wireless
Provider to the City's Streets &Transportation Yard or if the Wireless Provider shall dispose of the
original pole, mast arm, signal head and light fixture.
6.14.4 All performance under this paragraph shall be at Wireless Provider's
expense. City owns the original pole and all replacement poles.
6.15 Coordination with Encroachment Permit. The Street Parcel is located in City's
public street Right-of-way. An approved Site License Agreement serves as an encroachment
permit under Chapter 46 of the Chandler City Code to the extent of allowing Wireless Provider's
Improvements to exist upon the Street Parcel. Wireless Provider shall obtain additional
encroachment permits at Wireless Provider's expense as follows:
6.15.1 Wireless Provider shall perform no construction work in the Right-of-way
without obtaining from City a permit giving permission to work in the Right-of-way.
6.15.2 Wireless Provider shall not alter or modify its antennas, wireless equipment
or any improvements without submitting plans or drawings of the proposed alteration or
modification to City and obtaining approval from City's Regulatory Affairs Manager.
6.15.3 Wireless Provider shall not perform any work on its own antennas or
wireless equipment without first obtaining from City an encroachment permit giving it permission to
work in the Right-of-way.
6.15.4 Wireless Provider shall not in any way obstruct pedestrian or vehicular
traffic within the Right-of-way without first obtaining from City a permit giving permission to obstruct
traffic.
6.16 Time for Completion. Wireless Provider shall diligently and expeditiously pursue to
completion the construction of all approved Wireless Provider's Improvements. Wireless Provider
shall complete initial construction of the Project no later than the Completion Deadline. Wireless
Provider shall complete construction of all of other Wireless Provider's Improvements no later than
one hundred eighty days (180) of permit issuance unless City and Wireless Provider agree to
extend this period or a delay is caused by a lack of commercial power at the site. If City, in its sole
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examination of the construction activity at a site, determines that Wireless Provider has not
substantially performed construction at a site within one hundred eighty days (180) of the permit
issuance date, City may require the Wireless Provider to cease construction and resubmit the site
for approval.
6.17 Construction Notification. City may establish requirements for notification of nearby
residents and property owners prior to construction.
6.18 Work Time and Manner Restrictions. All installation, construction, maintenance,
inspection, repair and other work of any kind shall be done in a manner that does not disrupt traffic
(except in compliance with appropriate permits) or nearby land uses. Without limitation, such work
shall be done in compliance with applicable City policies and directions from time to time, taking
into account the various sensitivities of traffic, tourism, events, adjoining land uses, other Right-of-
way uses, and all other needs and concerns that are likely to be affected by Wireless Provider's
work.
VI 1. RF SAFETY FOR CITY'S EMPLOYEES
7. As City's employees, agents, and representatives must have uninterrupted and safe access
to the ROW and all structures located thereon, Wireless Provider must comply with at least one
of the following safety protocols:
7.1 Participate in a City RF Safety Program (the "City's Safety Program"), enrollment
in which shall include:
7.1.1 A one-time contribution to the City of two (2) RF Personal Monitors, as
specified below, for monitoring radio frequency emissions from Wireless Provider Facilities
during the repair and maintenance of City's Facilities and ROW. The RF Personal Monitors
shall be delivered to the City's Regulatory Affairs Manager within 60 days of the issuance date
of the first permit for a Small Wireless Facility issued to the Wireless Provider.
7.1.1.1 The RF Personal Monitor shall be a new manufactured with
full original manufacturer's warranty NARDA (2271/101) — Nardalert S3 Personal & Area
Monitor or equivalent device that is approved by the City.
7.1.1.2 The Wireless Provider shall provide for each Nardalert S3
Personal & Area Monitor, a protective silicon or rubberized cover, and a case to store and carry
the device.
7.1.2 An annual contribution of two thousand five hundred dollars ($2,500.00)
for third-party training of City employees who will work on poles that have a Wireless Facility
and for the ongoing operation — including the annual recertification training of City employees,
test set calibration, and test set maintenance and repair— of the City's Safety Program ("Annual
Contribution").
7.1.2.1 The first annual contribution, payable to the City of Chandler,
shall be delivered or transferred as directed by the City's Regulatory Affairs Manager within 60
days of the issuance date of the first permit for a Small Wireless Facility issued to the Wireless
Provider.
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7.1.2.2 Each annual contribution thereafter shall be made payable to
the City of Chandler as directed by the City's Regulatory Affairs Manager on or before the
anniversary date of the issuance date of the first permit for a Small Wireless Facility issued to
the Wireless Provider.
7.1.3 On each five (5) year interval of the issuance date of the first permit to
install a Small Wireless Facility in the City, the Wireless Provider shall provide the City with one
(1) additional RF Personal Monitor that meets or exceeds the requirement in Sections 7.1.1.1
and 7.1.1.2 that the City must approve prior to purchase.
7.1.4 Prior to performing any work on a wireless site in the ROW, the City's
employee will contact the Network Operations Center (the NOC") whose information shall be
located on the ground equipment or on the pole. The City's employee shall identify himself or
herself as an employee of City and needs the RF to be turned off at the site for a specified
period to perform maintenance or repair work at the site. Upon completion of the work, the
City's employee shall contact the NOC and inform them that the site may activate the RF
signals.
7.2 Provide access to a "kill switch" for each wireless site that the City's employees,
agents, or representatives can use to turn off all power to the Wireless Provider's Facilities while
City's work is performed at the location.
7.3 Within 24 hours of a request, agree to send a technician with an RF monitor to
confirm that all RF emitting equipment has, in fact, been deactivated, and to install all
appropriate lockout tags and devices.
VIII. MAINTENANCE AND UTILITIES
8. Maintenance and Utilities. Except as expressly provided below, Wireless Provider shall be
solely responsible for all maintenance, repair and utilities for the Use Areas during the term of an
approved Site License Agreement. Without limitation, Wireless Provider shall perform the following:
8.1 Maintenance by City. City has no maintenance or repair obligations for the
Communications Equipment or other Wireless Provider's Improvements.
8.2 Maintenance by Wireless Provider. Wireless Provider shall at all times repair and
maintain the Use Areas at Wireless Provider's sole expense in a first-class, sound, clean, safe and
attractive manner, meeting or exceeding the manner of maintenance at first class comparable
facilities in Maricopa County, Arizona, as determined in City's reasonable discretion. The preceding
sentence does not require Wireless Provider to repair or maintain City's facilities at the License
Area unless such work is attributable in whole or in part to Wireless Provider's use of the Use
Areas.
8.3 Utility Service. Wireless Provider shall contract for and pay all charges, fees,
deposits and other amounts for electricity and telephone and other data communication service to
the Use Areas at the rates applicable thereto. Wireless Provider shall use no other utilities at the
Use Areas.
8.4 Utility Interruptions. City is not responsible for any interruption of utilities to or upon
the Use Areas or other difficulties related to utilities at the Use Areas.
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8.5 Right of Inspection. City shall be entitled to inspect all construction, reconstruction
or installation work and to make such tests as it deems necessary to ensure compliance with the
terms herein, the Street Code, or other Telecommunications Laws. All City plans reviews,
inspections, standards and other rights and actions with relation to Wireless Provider's
Improvements are for City's sole and exclusive benefit and neither Wireless Provider nor any other
person shall rely thereon or have any rights related thereto. The preceding sentence does not
prevent Wireless Provider from relying on consents, permits or approvals City may grant based on
City's plans, reviews, and inspections. This right of access is in addition to access rights for City
inspectors or other employees and officers acting within their legal authority.
8.6 Construction Notification. City may establish requirements for Wireless Provider to
notify nearby residents prior to construction.
8.7 Blue Stake. Wireless Provider shall register with and comply with the local Blue
Stake program.
IX. BREACH BY WIRELESS PROVIDER
9. Breach by Wireless Provider. Wireless Provider shall comply with, perform and do each
obligation required of Wireless Provider herein and shall cause all persons using the Use Areas
through or under Wireless Provider or these Standard Terms to do the same. Wireless Provider's
failure to do so shall be a material breach by Wireless Provider of these Standard Terms.
9.1 Events of Default. All Site Licenses are approved upon the condition that each and
every one of the following events herein shall be deemed an "Event of Default" by Wireless
Provider of Wireless Provider's material obligations under these Standard Terms:
9.1.1 If Wireless Provider shall be in arrears in the payment of Use Fee and shall
not cure such arrearage within ten (10) days after City has notified Wireless Provider of such
arrearage.
9.1.2 If Wireless Provider shall fail to operate the Communications Equipment
(except during specific periods expressly excused herein)for a period of three (3) consecutive days
or a total of five (5) days within any twelve (12) month period.
9.1.3 If Wireless Provider shall fail to maintain any insurance required under
these Standard Terms. Notwithstanding the preceding sentence, such failure shall not be a default
if within five (5) business days after notice from City, Wireless Provider provides to City the required
insurance and the required evidence thereof. Such insurance must cover the past for a period
adequate that there is no gap in the insurance coverage required by these Standard Terms.
9.1.4 If a Pole Right-of-way Agreement, Pole Antenna Agreement or
Supplemental Parcel Agreement shall expire or be terminated for any reason.
9.1.5 If Wireless Provider does not commence and diligently pursue to
completion each required stage of construction of the site within the times required herein. The
times specified for concluding each stage of required construction have been established far
enough in advance, and have taken into account the likelihood of construction delays, so that no
cure period is provided.
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9.1.6 If Wireless Provider shall be the subject of a voluntary or involuntary
bankruptcy, receivership, insolvency or similar proceeding or if any assignment of any of Wireless
Provider's or such other person's property shall be made for the benefit of creditors or if Wireless
Provider or such other person dies or is not regularly paying its debts as they come due
(collectively a "Wireless Provider Insolvency").
9.1.7 If the issuer of any letter of credit shall fail for any reason to timely and fully
honor any request by City for funds or other performance under the instrument and Wireless
Provider fails to cause the issuer to or some other person to honor the request within ten (10) days
after City notifies Wireless Provider that such request has not been honored.
9.1.8 If Wireless Provider shall fail to obtain or maintain any licenses, permits, or
other governmental approvals pertaining to the Right-of-way or timely pay any taxes pertaining to
the Right-of-way and shall not cure such failure within thirty (30) days.
9.1.9 If City shall be exposed to any liability, obligation, damage, cost, expense,
or other claim of any description, whether or not asserted, unless Wireless Provider gives
immediate notice to City of Wireless Provider's commitment to indemnify, defend and hold City
harmless against such claim Wireless Provider does in fact promptly commence and continue to
indemnify, defend and hold City harmless against such claim and, Wireless Provider delivers to
City with said notice bonds or other financial security in City's reasonable discretion adequate to
assure that Wireless Provider will indemnify, defend and hold City harmless against such claim and
adequate to protect City and the Use Areas from adverse consequences of such claim.
9.1.10 If Wireless Provider shall fail to meet its obligations under the RF Safety
Paragraph.
9.1.11 If Wireless Provider shall engage in a pattern of repeated failure (or
neglect) to timely do or perform or observe any provision contained herein. After City has once
given notice of any failure by Wireless Provider to comply with its obligations set forth in these
Standard Terms, the following shall constitute a repeated failure by Wireless Provider to comply
with such provision:
9.1.11.1 Another failure to comply with any provision of these Standard
Terms during the following thirty (30) day period.
9.1.11.2 Three (3) or more failures to comply with any provision of these
Standard Terms during any ninety (90) day period.
9.1.11.3 Six (6) or more failures to comply with any provision of these
Standard Terms during any twelve (12) month period.
9.1.12 If Wireless Provider shall fail to or neglect to timely and completely do or
perform or observe any other provisions herein and such failure or neglect shall continue for a
period of thirty (30) days after City has notified Wireless Provider in writing of such failure or
neglect.
9.2 City's Remedies. Upon the occurrence of any Event of Default or at any time
thereafter, City may, at its option and from time to time, exercise at Wireless Provider's expense
any or all or any combination of the following cumulative remedies in any order and repetitively at
City's option:
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9.2.1 Terminate any or all Site Licenses due to Wireless Provider's breach or for
any other reason does not terminate Wireless Provider's obligations arising during the time
simultaneous with or prior to or the termination, and in no way terminates any of Wireless
Provider's liability related to any breach of these Standard Terms.
9.2.2 Pay or perform, for Wireless Provider's account, in Wireless Provider's
name, and at Wireless Provider's expense, any or all payments or performances required
hereunder to be paid or performed by Wireless Provider.
9.2.3 Abate at Wireless Provider's expense any violation of these Standard
Terms.
9.2.4 Notwithstanding anything under these Standard Terms to the contrary,
unilaterally and without Wireless Provider's or any other person's consent or approval, draw upon,
withdraw or otherwise realize upon or obtain the value of any letter of credit, escrowed funds,
insurance policies, or other deposits, sureties, bonds or other funds or security held by City or
pledged or otherwise obligated to City by Wireless Provider or by any third party (whether or not
specifically mentioned herein) and use the proceeds for any remedy permitted by these Standard
Terms.
9.2.5 Require an additional security deposit adequate in City's sole discretion to
protect City and the Right-of-way.
9.2.6 Assert, exercise or otherwise pursue at Wireless Provider's expense any
and all other rights or remedies, legal or equitable, to which City may be entitled, subject only to the
limitation set out below on City's ability to collect money damages in light of the Violation Use Fee.
9.3 Violation Use Fee. In lieu of certain money damages (the "Inconvenience Costs")
set out below, the following shall apply to Wireless Provider's violation of certain limited
requirements of these Standard Terms (the "Violation Fee Provisions"):
9.3.1 The Inconvenience Costs are the money damages that City suffers in the
form of administrative cost and inconvenience, disharmony among Competing Users, and general
inconvenience in Right-of-way use by City, Competing Users and the public when Wireless
Provider fails to comply with the Violation Fee Provisions.
9.3.2 Wireless Provider's failure to comply with Violation Fee Provisions will
result in Inconvenience Costs in an amount that is and will be impracticable to determine.
Therefore, the parties have agreed that, in lieu of Wireless Provider paying to City as damages the
actual amount of the Inconvenience Costs for violating the Violation Fee Provisions, Wireless
Provider shall pay Violation Use Fee.
9.3.3 Violation Use Fee is only intended to remedy Inconvenience Costs that City
suffers because of Wireless Provider's breach of the Violation Fee Provisions. Wireless Provider's
payment of Violation Use Fee does not in any way excuse any breach by Wireless Provider of
these Standard Terms or limit in any way Wireless Provider's obtaining any other legal or equitable
remedy provided by these Standard Terms or otherwise or such breach. For example, Wireless
Provider's obligation to pay Violation Use Fee does not in any way detract from Wireless Provider's
indemnity and insurance obligations under these Standard Terms, which shall apply according to
their terms in addition to Wireless Provider's obligation to pay Violation Use Fee.
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9.3.4 Wireless Provider may elect to draw upon the letter of credit to collect the
Violation Use Fee.
9.3.5 The Violation Fee Provisions and the amount of the Violation Use Fee per
day or part thereof are as follows:
9.3.5.1 The amount of Six Hundred Dollars ($600.00) per day for
Wireless Provider's failure to properly restore the public Right-of-way or to correct related violations
of specifications, code, ordinance or standards within ten (10) business days after City's notice to
correct such defects. Such Violation Use Fee shall be in addition to any cost the City may incur to
restore the Right-of-way or correct the violation.
9.3.5.2 The amount of Two Hundred Fifty ($250.00) per day for each
failure to make Wireless Provider's books and records available as required by this Agreement.
9.3.5.3 The amount of Five Hundred Dollars ($500.00) per instance of
any other action or non-action by the Wireless Provider contrary to these Standard Terms herein,
that causes Inconvenience Costs and that is not cured after three (3) business days' notice.
9.3.6 Violation Use Fees shall be assessed as follows:
9.3.6.1 If City determines that Wireless Provider is liable for Violation
Use Fee, then City shall issue to Wireless Provider a notice of City's assessing a Violation Use
Fee. The notice shall set forth the nature of the violation and the amount of the assessment.
9.3.6.2 Wireless Provider shall pay the Violation Use Fee within ten (10)
days after City's notice. However, if the Violation Use Fee amount exceeds Five Thousand Dollars
($5,000), then the following shall apply:
9.3.6.2.1 Wireless Provider shall have thirty (30) days after the
notice to pay the Violation Use Fee or give City notice contesting the assertion of noncompliance.
9.3.6.2.2 If Wireless Provider fails to respond to the notice,
Wireless Provider shall pay the Violation Use Fee. Otherwise, City shall schedule a public hearing
to investigate whether the Violation Use Fee is properly assessed. City shall provide Wireless
Provider at least ten (10) days' notice of such hearing, which shall specify the time, place and
purpose of the hearing. At the hearing, Wireless Provider shall be provided an opportunity to be
heard and present evidence. If the result of the hearing is that Wireless Provider is liable for
Violation Use Fee, then the Violation Use Fee is due ten (10) days after the hearing decision is
announced.
9.4 Non-waiver. Wireless Provider acknowledges Wireless Provider's unconditional
obligation to comply with these Standard Terms herein. No failure by City to demand any
performance required of Wireless Provider under these Standard Terms herein, and no
acceptance by City of any imperfect or partial performances under these Standard Terms herein,
shall excuse such performance or impair in any way City's ability to insist, prospectively and
retroactively, upon full compliance with these Standard Terms herein. No acceptance by City of
Use Fee payments or other performances hereunder shall be deemed a compromise or settlement
of any right City may have for additional, different or further payments or performances as provided
for in these Standard Terms. Any waiver by City of any breach of condition or covenant herein
contained to be kept and performed by Wireless Provider shall not be deemed or considered as a
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continuing waiver and shall not operate to bar or otherwise prevent City from declaring a default for
any breach or succeeding or continuing breach either of the same condition or covenant or
otherwise. No statement, bill or notice by City or Wireless Provider concerning payments or other
performances due hereunder, or failure by City to demand any performance hereunder, shall
excuse Wireless Provider from compliance with its obligations nor estop City (or otherwise impair
City's ability)to at any time correct such notice and/or insist prospectively and retroactively upon full
compliance with this Agreement. No waiver of any description (INCLUDING ANY WAIVER OF
THIS SENTENCE OR PARAGRAPH) shall be effective against City unless made in writing by a
duly authorized representative of City specifically identifying the particular provision being waived
and specifically stating the scope of the waiver. WIRELESS PROVIDER EXPRESSLY DISCLAIMS
AND SHALL NOT HAVE THE RIGHT TO RELY ON ANY SUPPOSED WAIVER OR OTHER
CHANGE OR MODIFICATION, WHETHER BY WORD OR CONDUCT OR OTHERWISE, NOT
CONFORMING TO THIS PARAGRAPH.
9.5 Reimbursement of City's Expenses. Wireless Provider shall pay to City within thirty
(30) days after City's demand any and all amounts expended or incurred by City in performing
Wireless Provider's obligations (upon Wireless Provider's failure to perform the same after notice
from City) together with interest thereon at the rate of twelve percent (12%) per annum from the
date expended or incurred by City.
9.6 Breach by City. Notwithstanding anything in these Standard Terms to the contrary,
if City at any time is required to pay to Wireless Provider any amount or render any performance,
such amount or performance is not due until thirty (30) days after notice by Wireless Provider to
City that the amount has become payable or that the performance is due. In the event a cure
cannot be effected during that period, City shall not be in default so long as City commences cure
during the period and diligently prosecutes the cure to completion provided such cure must be
completed within sixty (60) days after the notice.
9.7 Right to Setoff and Credit. In addition to its other rights and remedies City shall
have the right to setoff and credit from time to time and at any time, any and all amounts due from
Wireless Provider to City, whether pursuant to these Standard Terms herein or otherwise, against
any sum which may be due from City to Wireless Provider.
X. TERMINATION
10. Rights at Termination. The following provisions shall apply at the expiration of the term of each
Site License:
10.1 Surviving Obligations. Expiration or termination of a Site License does not
terminate Wireless Provider's obligations existing or arising prior to or simultaneous with, or
attributable to, the termination or events leading to or occurring before termination.
10.2 Delivery of Possession. Wireless Provider shall cease using the Use Areas of the
expired or terminated Site License. Wireless Provider shall without demand, peaceably and quietly
quit and deliver up the Use Areas to City thoroughly cleaned, in good repair with the Use Areas
maintained and repaired and in as good order and condition, reasonable use and wear excepted,
as the Use Areas now are or in such better condition as the Use Areas may hereafter be placed.
10.3 Confirmation of Termination. Upon expiration or termination of a Site License
Agreement for any reason, Wireless Provider shall provide to City upon demand recordable
disclaimers covering the Use Areas executed and acknowledged by Wireless Provider and by all
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persons claiming through this Site License Agreement or Wireless Provider any interest in or right
to use the Use Areas.
10.4 Removal of Improvements. Wireless Provider shall remove all Communications
Equipment and restore the Use Areas including pole, mast arms, luminaires, or wireless support
structure to its prior condition, or to a condition matching City's surrounding land and
improvements, as directed by City, at Wireless Provider's expense prior to normal expiration of the
term of a Site License or within thirty (30) days; after termination of a Site License Agreement for
any other reason whatsoever. Without limitation, such work shall include revegetation and
appropriate irrigation systems for revegetated areas. Notwithstanding anything in these Standard
Terms to the contrary, City may elect to require Wireless Provider to leave any or all construction or
other items (except the Communications Equipment) in place, and all such items shall be owned
by City. Unless City directs otherwise, all wiring, pipes and conduits shall be left in good and safe
condition, in working order, with each end properly labeled and enclosed in proper junction boxes.
10.5 Prior Improvements. This article also applies to any improvements that Wireless
Provider may have made to the Use Areas.
XI. INDEMNITY AND INSURANCE
11. Insurance Responsibility. During the entire term of any Site License, Wireless Provider shall
insure its property and activities at and about the Use Areas and shall provide insurance and
indemnification as follows:
11.1 Insurance Required. Not later than the date of this Agreement, and at all times
thereafter when Wireless Provider is occupying or using the Use Areas in any way, Wireless
Provider shall obtain and cause to be in force and effect the following insurance:
11.1.1 Commercial General Liability. Commercial general liability insurance with a
limit of Ten Million and No/100 Dollars ($10,000,000.00) for each occurrence, a limit of Ten Million
and No/100 Dollars ($10,000,000.00) for products and completed operations annual aggregate,
and a limit of Ten Million and No/100 Dollars ($10,000,000.00) general aggregate limit per policy
year. The policy shall cover liability arising from premises, operations, independent contractors,
products, completed operations, personal injury, bodily injury, advertising injury, and liability
assumed under an "insured contract" including this Agreement. The policy will cover Wireless
Provider's liability under the indemnity provisions set forth in these Standard Terms. The policy
shall contain a "separation of insured's11 clause.
11.1.2 Automobile Liability. Automobile liability insurance with a limit of One
Million Dollars ($1,000,000) for each occurrence covering any and all owned, hired, and non-
owned vehicles assigned to or used in any way in connection with Wireless Provider's use of the
Right-of-way. Without limitation, such insurance shall cover hazards of motor vehicle use for
loading and off loading.
11.1.3 Workers' Compensation. Such workers' compensation and similar
insurance as is required by law and employer's liability insurance with a minimum limit of One
Hundred Thousand Dollars ($100,000) for each accident, One Hundred Thousand Dollars
($100,000) disease for each employee, Five Hundred Thousand Dollars ($500,000) policy limit for
disease. All contractors and subcontractors must provide like insurance.
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11.1.4 Special Risk Property. Unless waived by City in writing, all risk property
insurance covering damage to or destruction of all real and personal improvements to the Right-of-
way, including without limitation, all improvements existing upon the Right-of-way prior to this Site
License Agreement or hereafter constructed in an amount equal to full replacement cost of all such
improvements. Such insurance shall be special causes of loss policy form (minimally including
perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft, vehicles, riot, civil commotion,
theft, vandalism, malicious mischief, collapse and flood). Coverage shall include pollutant clean up
and removal with minimum limits coverage of Fifty-Thousand Dollars ($50,000.00).
11.1.5 Other Insurance. Any other insurance City may reasonably require for the
protection of City and City's employees, officials, representatives, officers and agents (all of whom,
including City, are collectively "Additional Insureds"), the Right-of-way, surrounding property,
Wireless Provider, or the activities carried on or about the Right-of-way. Such insurance shall be
limited to insurance a reasonable person owning, leasing, designing, constructing, occupying, or
operating similar facilities might reasonably purchase.
11.2 Policy Limit Escalation. City may elect by notice to Wireless Provider to increase
the amount or type of any insurance to account for inflation, changes in risk, or any other factor that
City reasonably determines to affect the prudent amount of insurance to be provided.
11.3 Form of All Insurance. All insurance provided by Wireless Provider with respect to
the Right-of-way, whether required in these Standard Terms or not, shall meet the following
requirements:
11.3.1 "Occurrence" coverage is required.
11.3.2 If Wireless Provider uses any excess insurance then such excess
insurance shall be "follow form" equal to or broader in coverage than the underlying insurance.
11.3.3 Policies must also cover and insure Wireless Provider's activities relating to
the business operations and activities conducted away from the Right-of-way.
11.3.4 Within five (5) business days of receiving a written request from the City,
Wireless Provider shall provide copies of insurance certificates, insurance policies, formal
endorsements or other documentation acceptable to City that all insurance coverage required
herein is provided.
11.3.5 Wireless Provider's insurance shall be primary insurance with respect to
claims arising out of Wireless Provider's operations, activities and obligations set forth in these
Standard Terms.
11.3.6 All policies, including workers' compensation, shall waive transfer rights of
recovery (subrogation) against City, and the other Additional Insureds.
11.3.7 All deductibles, retentions, or"self-insured" amounts shall be subject to the
following:
11.3.7.1 Wireless Provider shall be solely responsible for any self-
insurance amount or deductible.
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11.3.7.2 Such amounts shall not exceed in total One Hundred Thousand
Dollars ($100,000.00) per loss. At such times as Wireless Provider's net worth is more than One
Hundred Million Dollars ($100,000,000.00), such limit shall be One Million and No/100 Dollars
($1,000,000.00).
11.3.7.3 Any self-insured exposure shall be deemed to be an insured risk
under this Agreement.
11.3.7.4 Wireless Provider shall provide to the beneficiaries of all such
amounts no less insurance protection than if such self-insured portion was fully insured by an
insurance company of the quality and caliber required hereunder.
11.3.7.5 The right to self-insure is limited and specific to Wireless
Provider and does not extend to Wireless Provider's contractors or others.
11.3.8 All policies except workers' compensation must name City and the other
Additional Insureds as additional insureds. Wireless Provider shall cause coverage for Additional
Insureds to be incorporated into each insurance policy by endorsement with respect to claims
arising out of Wireless Provider's operations, activities and obligations under these Standard
Terms.
11.3.9 All policies must require the insurer to provide City with at least thirty (30)
days' prior notice of any cancellation. The insurer's duty to notify City of changes in coverage shall
not include phrases such as "endeavor to" or "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives."
11.3.10 All policies shall require that notices be given to City in the manner
specified for notices to City set forth in these Standard Terms.
11.4 Insurance Certificates. Wireless Provider shall evidence all insurance by furnishing
to City certificates of insurance annually and with each change in insurance coverage. Certificates
must evidence that the policy described by the certificate is in full force and effect and that the
policy satisfies each requirement of these Standard Terms applicable to the policy. For example,
certificates must evidence that City and the other Additional Insureds are additional insureds.
Certificates must also be in an industry standard form reasonably acceptable to City. Wireless
Provider shall provide updated certificates at City's request.
11.5 Acceptable Insurers. All insurance policies shall be issued by insurers acceptable
to City. At a minimum, all insurers shall be duly licensed (or qualified unlicensed non-admitted
insurer) by the State of Arizona, Department of Insurance. At a minimum, all insurers shall have
and maintain an A.M. Best, Inc. rating of B++ 6.
11.6 No Representation of Coverage Adequacy. By requiring insurance herein, City
does not represent that coverage and limits will be adequate to protect Wireless Provider. City
reserves the right to review any and all of the insurance policies and/or endorsements cited in
these Standard Terms but has no obligation to do so. Failure to demand such evidence of full
compliance with the insurance requirements set forth in these Standard Terms or failure to identify
any insurance deficiency shall not relieve Wireless Provider from, nor be construed or deemed a
waiver of, Wireless Provider's obligation to maintain the required insurance at all times.
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11.7 Indemnity. In addition to all other indemnities and other obligations hereunder, to
the fullest extent permitted by law, throughout the term of any Site License and until all obligations
and performances under or related to these Standard Terms are satisfied and all matters described
in this paragraph are completely resolved, Wireless Provider and all other persons using, acting,
working or claiming through or for Wireless Provider (if they or their subcontractor, employee or
other person or entity hired or directed by them participated in any way in causing the claim in
question)) shall jointly and severally indemnify, defend and hold harmless City and all other
Additional Insureds for, from and against any and all claims or harm related to Wireless Provider's
use of the Right-of-way or the rights granted to Wireless Provider with respect to the Right-of-way
or Wireless Provider's exercise of its rights under these Standard Terms (the "Indemnity"). Without
limitation, the Indemnity shall include and apply to any and all allegations, demands, judgments,
assessments, taxes, impositions, expenses, proceedings, liabilities, obligations, suits, actions,
claims (including without limitation claims of personal injury, bodily injury, sickness, disease, death,
property damage, destruction, loss of use, financial harm, or other impairment), damages, losses,
expenses, penalties, fines or other matters (together with all attorney fees, court costs, and the cost
of appellate proceedings and all other costs and expenses of litigation or resolving the claim) that
may arise in any manner out of any use of the Right-of-way or other property pursuant to any Site
License or any actions, acts, errors, mistakes or omissions relating to work or services in the
performance of or related to this Agreement, including without limitation any injury or damages or
cause of action claimed or caused by any employees, contractors, subcontractors, tenants,
subtenants, agents or other persons upon or using the Right-of-way or surrounding areas related to
Wireless Provider's exercise of its rights under this Agreement, including without limitation, claims,
liability, harm or damages caused in part by City or any other Additional Insured or anyone for
whose mistakes, errors, omissions or negligence Wireless Provider or City may be liable. As a
condition to City's approval of any Site License, Wireless Provider specifically agrees that to the
extent any provision of this paragraph is not fully enforceable against Wireless Provider for any
reason whatsoever, this paragraph shall be deemed automatically reformed to the minimal extent
necessary to cause it to be enforceable to the fullest extent permitted by law. The Indemnity shall
also include and apply to any environmental injury, personal injury or other liability relating to
Wireless Provider's use of real property under this Agreement. Notwithstanding the foregoing, the
Indemnity does not apply to:
11.7.1 Claims arising only from the sole gross negligence or intentionally wrongful
acts of City.
11.7.2 Claims that the law prohibits from being imposed upon the indemnitor.
11.8 Risk of Loss. Wireless Provider assumes the risk of any and all loss, damage or
claims related to Wireless Provider's use of the Right-of-way or other property of City, Wireless
Provider or third parties throughout the term hereof. Wireless Provider shall be responsible for any
and all damage to its property and equipment related to these Standard Terms.
11.9 Insurance to be Provided by Others. Wireless Provider shall cause its
contractors or other persons occupying, working on or about, or using the Right-of-way
pursuant to these Standard Terms to be covered by their own or Wireless Provider's
insurance as required by these Standard Terms. The required policy limits for commercial
general liability insurance provided by such persons shall be One Million Dollars
($1,000,000) for each occurrence, One Million Dollars ($1,000,000) for products and
completed operations annual aggregate, and Two Million Dollars ($2,000,000) general
aggregate limit per policy year. This paragraph does not apply to persons who do not
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actually perform physical labor in the Right-of-way (such as Wireless Provider's consulting
design engineers).
XII. CONDEMNATION
12. Condemnation. The following shall govern any condemnation of any part of or interest in the
Use Areas and any conveyance to City or another condemnor in avoidance or settlement of
condemnation or a threat of condemnation:
12.1 Termination for Condemnation. The Site License for the Use Area shall
terminate on the date (the "Condemnation Date") that is the earlier of the date title vests in the
condemnor, or the date upon which the condemnor is let into possession. Notwithstanding the
foregoing, if City reasonably determines that the Use Areas continue to be suitable for Wireless
Provider to conduct the Permitted Uses, City may elect to cause the Site License to continue to
remain in effect as to the part of the Use Areas not taken and the Use Fee shall not be reduced
or abated. Nevertheless, if Wireless Provider reasonably determines that the Use Areas are not
suitable for Wireless Provider to conduct the Permitted Uses, then this Site License Agreement
shall terminate.
12.2 Condemnation Proceeds. Wireless Provider hereby assigns and transfers to City
Wireless Provider's entire interest in all condemnation damages, interest, severance damages, and
any other payments or proceeds of any kind relating to the condemnation (collectively the
"Condemnation Proceeds"). Wireless Provider shall execute and deliver to City assignments or
other instruments requested by City confirming such assignment and transfer. Wireless Provider
shall immediately pay to City any Condemnation Proceeds Wireless Provider may receive. The
Condemnation Proceeds shall not include relocation benefits, if any, awarded specifically to
Wireless Provider to cover expenses of relocating Wireless Provider's business located at the Use
Areas at the time of the condemnation, or any compensation specifically awarded to Wireless
Provider for any taking of the Communications Equipment itself. Any repair, relocation or similar
costs relating to the Communications Equipment shall be borne by Wireless Provider.
12.3 Power to Condemn. Wireless Provider acknowledges that City and others from
time-to-time may use the power to condemn the Use Areas or any interest therein or rights thereto.
City has not relinquished any right of condemnation or eminent domain over the Use Areas. City
does not warrant that City will not condemn the Use Areas during the term of this Agreement, but
City does not presently have intentions to condemn the Use Areas.
XIII. DAMAGE TO OR DESTRUCTION OF USE AREAS
13. Damage to or Destruction of the Use Areas. The following provisions shall govern
damage to or destruction of the Use Areas by fire, flood, explosion, the elements, the public
enemy, or other casualty (collectively "Casualty Damage"):
13.1 Damage to Wireless Provider's Improvements. Wireless Provider shall
commence restoring the Casualty Damage to Wireless Provider's Improvements within thirty
(30) days after any Casualty Damage occurs. Wireless Provider shall complete the restoration
work within thirty (30) days after commencement. Such work shall be subject to the plans
approval process and all other requirements for Wireless Provider's Improvements. Wireless
Provider shall perform all restoration work at Wireless Provider's sole cost and expense.
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13.2 Monthly Restoration Work Report. Wireless Provider shall provide to City no later
than the tenth day of each month a written narrative report of the progress of the restoration work.
XIV. WIRELESS PROVIDER'S RECORDS
14. Wireless Provider's Records. During the entire term of any Site License Agreement,
Wireless Provider shall keep records and provide information to City as follows:
14.1 Scope of Information. Unless otherwise specified, all of Wireless Provider's
recordkeeping and disclosure obligations under this article are limited to the following (collectively
the "Covered Information"):
14.1.1 The status of the construction, repair or restoration of Wireless Provider
Improvements.
14.1.2 Information indicating whether City or Wireless Provider is in compliance
with the terms herein.
14.2 Records Inspection. At Wireless Provider's expense, Wireless Provider shall:
14.2.1 Permit and assist City and its representatives upon twenty-one (21) days'
notice to inspect, audit, and copy Wireless Provider's records of Covered Information.
14.2.2 Make the records of Covered I nformation (and reasonable
accommodations for City's audit and inspection) available to City at Wireless Provider's offices in
Maricopa County, Arizona.
14.2.3 Cause Wireless Provider's employees and agents and accountants to give
their full cooperation and assistance in connection with City's access to the Covered Information.
14.3 Record Retention. Wireless Provider shall preserve records of the Covered
Information in a secure place at Wireless Provider's corporate headquarters in the continental
United States for a period ending seven (7)years after the time period reported by the records.
14.4 Record Media Included. City's and Wireless Provider's rights and obligations
regarding the Covered Information apply regardless of the type of media, materials, or data
repositories that may contain the Covered Information. City shall have access to Covered
Information contained, without limitation, in records, books, papers, documents, recordings,
computer data, contracts, logs, notes, ledgers, correspondence, reports, drawings, and
memoranda, and any and all other sources, records and repositories of Covered Information.
14.5 Reports. Wireless Provider shall deliver to City written reports (and, if requested by
City, a presentation to City's governing council or designee) covering such Covered Information as
City may request from time to time. City shall not request such reports more often than once in any
twelve (12) month period.
14.6 Standards for Records. Wireless Provider shall maintain a standard, modern
system of recordkeeping for the Covered Information and shall keep and maintain proper and
accurate books and other repositories of information relating to the Covered Information.
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XV. COMPLIANCE WITH LAW
15. Compliance with Law. Wireless Provider shall perform its obligations under these Standard
Terms in accordance with all federal, state, county and local laws, ordinances, regulations or other
rules or policies as are now in effect or as may hereafter be adopted or amended. Without limiting
in any way the generality of the foregoing, Wireless Provider shall comply with all and each of the
following:
15.1 Applicability of Municipal Law. Without limitation, Wireless Provider shall comply
with municipal laws as follows:
15.1.1 Wireless Provider acknowledges nothing set forth herein constitutes, and
City has not promised or offered, any type of waiver of, or agreement to waive (or show any type of
forbearance, priority or favoritism to Wireless Provider with regard to) any law, ordinance, power,
regulation, tax, assessment or other legal requirement now or hereafter imposed by the City of
Chandler or any other governmental body upon or affecting Wireless Provider, the Use Areas, or
the Street Parcel or Wireless Provider's use of the Use Areas, the Street Parcel or the Right-of-
way.
15.1.2 All of Wireless Provider's obligations hereunder are in addition to, and
cumulative upon (and not to any extent in substitution or satisfaction of), all existing or future laws
and regulations applicable to Wireless Provider.
15.1.3 City by this Agreement cannot and has not relinquished or limited any right
of condemnation or eminent domain over the Right-of-way or any other property related to these
Standard Terms or within the Right-of-way.
15.1.4 This Agreement cannot and does not impair City's, power to enact, apply or
enforce any laws or regulations, or exercise any governmental powers affecting in any way
Wireless Provider, the Use Areas, the Street Parcel, or the Right-of-way.
15.1.5 City's rights and remedies hereunder for Wireless Provider's failure to
comply with all applicable laws supplement and are in addition to and do not replace otherwise
existing powers of the City of Chandler or any other governmental body.
15.1.6 Wireless Provider's rights hereunder are further subject to all present and
future building restrictions, regulations, zoning laws, and all ordinances, resolutions, rules and
orders of all bodies, bureaus, commissions and bodies of any municipal, county, state, or federal
authority, now or hereafter having jurisdiction over the Use Areas or Wireless Provider's use
thereof. Wireless Provider shall comply with all of the foregoing.
15.2 Radio Frequency Compliance Requirements. Wireless Provider shall document,
report and confirm its compliance with Federal Communications Commission ("FCC") Radio
Frequency Exposure Guidelines (FCC OET Bulletin 65) and all other applicable radio frequency
emissions laws and regulations in effect from time to time (collectively, the "FCC Rules") as follows:
15.2.1 Wireless Provider shall cause its senior internal engineer responsible for
compliance with the FCC Rules to deliver to City a written letter(the "RF Letter"), as follows:
15.2.1.1 The RF Letter shall attest that Wireless Provider's operation of
the Communications Equipment is in compliance with the FCC Rules. A statement from Wireless
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Provider declaring exemption from reporting to FCC is not acceptable to comply with the
requirements of this paragraph.
15.2.2 Wireless Provider shall maintain records of radio frequency measurements
and Communications Equipment performance in accordance with the FCC Rules.
15.2.3 Wireless Provider shall also evidence and demonstrate its compliance with
the FCC Rules in such manner and at such intervals as the Chandler City Code and other
applicable laws and regulations may mandate.
15.3 Government Property Lease Excise Tax. Wireless Provider shall be responsible for
any and all property taxes and all government property lease excise taxes described in A.R.S. §
42-6201 et seq. or similar laws in force from time to time. Pursuant to A.R.S. § 42-6206, failure by
Wireless Provider to pay the taxes after notice and an opportunity to cure is an event of default that
could result in divesting Wireless Provider of any interest in or right of occupancy of the Use Areas.
15.4 Use Area Regulations. City reserves the right to adopt, amend and enforce against
Wireless Provider rules and regulations governing the operation of the Street Parcel, including the
Use Areas, Wireless Provider's activities therein and thereon, and the public areas and facilities
used by Wireless Provider in connection therewith.
15.5 Taxes, Liens and Assessments. In addition to all other amounts herein provided
and to the extent consistent with applicable law, Wireless Provider shall pay, when the same
become due and payable, all taxes and general and special fees, charges and assessments of
every description that during the term of any Site License Agreement may be levied upon or
assessed upon or with respect to Wireless Provider's use of the Right-of-way, the operations
conducted therein, any amounts paid or other performances required by these Standard Terms by
either party, and all possessory interest in the Right-of-way and Wireless Provider's improvements
and other property thereon. Wireless Provider shall pay, indemnify, defend and hold harmless City
from any and all such obligations, including any interest, penalties and other expenses which may
be imposed, and from any lien therefor or sale or other proceedings to enforce payment thereof.
15.6 Permits. Nothing in these Standard Terms relieves Wireless Provider of the
obligation to obtain permits, licenses and other approvals from City or other units of government
that are required for the erection, construction, reconstruction, installation, operation or
maintenance of the Communications Equipment or provision of Telecommunications Services; or
from compliance with applicable municipal codes, ordinances, laws and policies, such as zoning
and land use ordinances and regulations, pavement cut and restoration ordinances and
regulations, subdivision and project improvement ordinances, curb cut permits, building permits,
Right-of-way permits and the like.
XVI. ASSIGNABILITY
16. Assignability. Site License Agreements are not assignable by Wireless Provider (and any
assignment shall be void and vest no rights in the purported assignee) unless the assignment is
made in strict compliance with the following:
16.1 Assignments Affected. Every assignment of any of Wireless Provider's interest in
the Right-of-way or this Agreement or any of Wireless Provider's rights or interests hereunder is
prohibited unless Wireless Provider first receives from City notice of City's consent to the
assignment. All references in these Standard Terms to assignments by Wireless Provider or to
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assignees shall be deemed also to apply to all of the following transactions, circumstances and
conditions and to all persons claiming pursuant to such transactions, circumstances and
conditions:
16.1.1 Any voluntary or involuntary assignment, conveyance or transfer of
Wireless Provider's right to use the Right-of-way under this Agreement or any interest or rights of
City under this Agreement, in whole or in part.
16.1.2 Any voluntary or involuntary pledge, lien, mortgage, security interest,
judgment, claim or demand, whether arising from any contract, any agreement, any work of
construction, repair, restoration, maintenance or removal, or otherwise affecting Wireless
Provider's rights to use the Right-of-way (collectively "Liens").
16.1.3 Any assignment by Wireless Provider of any interest in any Site License
Agreement for the benefit of creditors, voluntary or involuntary.
16.1.4 A Wireless Provider Insolvency.
16.1.5 The occurrence of any of the foregoing by operation of law or otherwise.
16.1.6 The occurrence of any of the foregoing with respect to any assignee or
other successor to Wireless Provider.
16.2 Pre-approved Assignments. Subject to certain conditions hereafter stated, City
hereby consents to certain assignments (the "Pre-approved Assignments"). Only the following
assignments are Pre-approved Assignments:
16.2.1 Complete Assignment of Agreement. Wireless Provider's complete
assignment of all of Wireless Provider's rights and Interests in the Right-of-way and approved Site
License Agreements to a single assignee who meets all of the following requirements, as
determined by City in City's reasonable discretion (a "Qualified Operator"):
16.2.1.1 The assignee has experience, management, credit standing and
financial capacity and other resources equal to or greater than Wireless Provider's and adequate to
successfully perform the obligations set forth herein.
16.2.1.2 The assignee is experienced in the management and operation
of similar projects.
16.2.1.3 The assignee assumes all of Wireless Provider's obligations
herein.
16.2.1.4 The assignee has a net worth of not less than Fifty Million and
No/100 Dollars ($50,000,000.00).
16.2.2 Stock Transfers. The transfer of publicly traded stock, regardless of
quantity.
16.2.3 Merger. The merger or consolidation of Wireless Provider with another
entity that is a Qualified Operator.
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16.2.4 Common Ownership Transfer. Wireless Provider's complete assignment of
all of Wireless Provider's rights and interests in the Right-of-way and approved Site License
Agreements to single assignee who is and remains a wholly owned subsidiary of Wireless
Provider's sole owner as of the date of this agreement (or a wholly owned subsidiary of a wholly
owned subsidiary of Wireless Provider's sole owner as of the date of this Agreement).
16.3 Limitations on Assignments. City's consent to any assignment, including without
limitation, Pre-approved Assignments, is not effective until the following conditions are satisfied:
16.3.1 Except for the sale of stock, Wireless Provider shall provide to City a
complete copy of the document assigning its interests.
16.3.2 Each assignee must execute an assumption of the Site License
Agreements in form acceptable to City.
16.3.3 Each Pre-approved Assignment must satisfy all other requirements of
these Standard Terms pertaining to assignments.
16.4 Assignment Remedies. Any assignment without City's consent shall be void and
shall not result in the assignee obtaining any rights or interests. City may, in its sole discretion and
in addition to all other remedies available to City under these Standard Terms or otherwise, and in
any combination, terminate any and all Site Licenses, collect Use Fee from the assignee and/or
declare the assignment to be void, all without prejudicing any other right or remedy of City under
these Standard Terms. No cure or grace periods shall apply to assignments prohibited under these
Standard Terms or to enforcement of any provision under these Standard Terms against an
assignee who did not receive City's consent.
16.5 Effect of Assignment. Prior to any assignment, each assignee must execute an
assumption of each Site License in the form attached hereto as Attachment "D". No action or
inaction by City shall be deemed a waiver of the prohibition on assignments or any other provision
herein, or the acceptance of the assignee, Wireless Provider or occupant as Wireless Provider, or
a release of Wireless Provider from the further performance by Wireless Provider of the provisions
of this Agreement. Consent by City to an assignment shall not relieve Wireless Provider from
obtaining City's consent to any further assignment. No assignment shall release Wireless Provider
from any liability hereunder.
16.6 Enforceability after Assignment. No consent by City shall be deemed to be a
novation. City's consent to any assignment does not in any way expand or modify the terms set
forth in these Standard Terms or waive, diminish or modify any of City's rights or remedies under
this Agreement. The terms set forth in these Standard Terms shall be enforceable against Wireless
Provider and each successor, partial or total, and regardless of the method of succession, to
Wireless Provider's interest hereunder. Each successor having actual or constructive notice of this
Agreement shall be deemed to have agreed to the preceding sentence.
16.7 Grounds for Refusal. Except for the Preapproved Assignments, no assignment of
any Site License by Wireless Provider is contemplated or bargained for. Without limitation, City has
the right to impose upon any consent to assignment such conditions and requirements as City may
deem appropriate.
16.8 Consent to Assignments. Wireless Provider shall attach to each Pre-approved
Assignment a copy of Wireless Provider's notice to City of the Pre-approved Assignment and other
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required documents, Wireless Provider shall attach to each other assignment, a copy of City's
notice to Wireless Provider of City's consent to the assignment. These Standard Terms shall
continue to be enforceable according to its terms in spite of any provisions of any documents
relating to an assignment.
16.9 Assignment Fee. Wireless Provider shall pay to City in advance the sum of Five
Hundred Dollars ($500) as a nonrefundable fee for legal, administrative and other expenses related
to every Pre-approved Assignment (other than the sale of publicly traded stock) or to any request
for a consent to assignment, whether or not City grants such request.
XVII. MISCELLANEOUS
17. Miscellaneous. The following additional provisions apply to these Standard Terms:
17.1 Amendments. These Standard Terms may not be amended except by a formal
writing executed by all of the parties.
17.2 Dates. Any reference to a year shall refer to a calendar year unless a fiscal year is
specifically stated. Sunday, Saturday and Arizona legal holidays are holidays for purposes of this
Agreement.
17.3 Time of Essence. Time is of the essence of each and every provision of this
Agreement.
17.4 Severability. If any provision of these Standard Terms shall be ruled by a court or
agency of competent jurisdiction to be invalid or unenforceable for any reason, then:
17.4.1 The invalidity or unenforceability of such provision shall not affect the
validit of any remaining provisions of these Standard Terms.
17.4.2 These Standard Terms shall be automatically reformed to secure to the
parties the benefits of the unenforceable provision, to the maximum extent consistent with law.
17.5 Conflicts of Interest. No officer, representative or employee of City shall have any
direct or indirect interest in this Agreement, nor participate in any decision relating to any Site
License that is prohibited by law.
17.6 No Partnership. The transactions and performances contemplated hereby shall not
create any sort of partnership,joint venture or similar relationship between the parties.
17.7 Nonliability of Officials and Employees. No official, representative or employee of
City shall be personally liable to any party, or to any successor in interest to any party, in the event
of any default or breach by City or for any amount which may become due to any party or
successor, or with respect to any obligation of City or otherwise under the terms of this Agreement
or related to this Agreement.
17.8 Notices. Notices hereunder shall be given in writing delivered to the other party or
mailed by registered or certified mail, return receipt requested, postage prepaid to the addresses
set forth in the Site License Agreements and to the City as follows:
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If to City: Regulatory Affairs Manager
City of Chandler
Mail Stop 403
P.O. Box 4008
Chandler, AZ 85244-4008
Copy to: City Attorney
City of Chandler
175 S. Arizona Avenue, Suite 200
Chandler, AZ 85225
By notice from time to time, a person may designate any other street address within Maricopa
County, Arizona as its address for giving notice hereunder. Service of any notice by mail shall be
deemed to be complete three (3) days (excluding Saturday, Sunday and legal holidays) after the
notice is deposited in the United States mail.
17.9 Construction. Whenever the context of these Standard Terms requires herein the
singular shall include the plural, and the masculine shall include the feminine.
17.10 Funding. This subparagraph shall control notwithstanding any provision of this
Agreement or any exhibit or other agreement or document related hereto. If funds necessary to
fulfill City's obligations under this Agreement are not appropriated by the Scottsdale City Council,
City may terminate this Agreement, by notice to Wireless Provider. City shall use best efforts to
give notice of such a termination to Wireless Provider at least thirty (30) days prior to the end of
City's then current fiscal period. Termination in accordance with this provision shall not constitute a
breach of this Agreement by City. No person will be entitled to any compensation, damages or
other remedy from City if this Agreement is terminated pursuant to the terms of this subsection.
17.11 Paragraph Headings. The paragraph headings contained herein are for
convenience in reference and not intended to define or limit the scope of any provision of this
Agreement.
17.12 No Third Party Beneficiaries. No person or entity shall be a third party beneficiary
to this Agreement or shall have any right or cause of action hereunder. City shall have no liability to
third parties for any approval of plans, Wireless Provider's construction of improvements, Wireless
Provider's negligence, Wireless Provider's failure to comply with the provisions of these Standard
Terms (including any absence or inadequacy of insurance required to be carried by Wireless
Provider).
17.13 Exhibits. All Exhibits specifically stated to be attached hereto as specified herein
are hereby incorporated into and made an integral part of this Agreement for all purposes.
17.14 Attorneys' Fees. If any action, suit or proceeding is brought by either party
hereunder to enforce this Agreement or for failure to observe any of the covenants of this
Agreement or to vindicate or exercise any rights or remedies hereunder, the prevailing party in
such proceeding shall be entitled to recover from the other party such prevailing party's reasonable
attorneys' fees and other reasonable litigation costs (as determined by the court (and not a jury) in
such proceeding).
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17.15 Approvals and Inspections. All approvals, reviews and inspections by City are for
City's sole benefit and not for the benefit of Wireless Provider, its contractors, engineers or other
consultants or agents, or any other person.
17.16 Legal Workers. If and to the extent A.R.S. X41-4401 is applicable Wireless
Provider shall comply with laws regarding workers as follows:
17.16.1 Wireless Provider warrants to City that Wireless Provider and all its
subcontractors will comply with all federal immigration laws and regulations that relate to their
employees and that Wireless Provider and all its subcontractors now comply with the E-Verify
Program under A.R.S. X23-214(A).
17.16.2 A breach of the foregoing warranty by Wireless Provider shall be
deemed a material breach of this Site License Agreement that is subject to penalties up to and
including termination of this Site License Agreement.
17.16.3 City retains the legal right to inspect the papers of any employee of
Wireless Provider or any subcontractor who works on a Use Area pursuant to Site License
Agreement to ensure that they or the subcontractor is complying with the warranty given above.
17.16.4 City may conduct random verification of Wireless Provider's and its
subcontractors' employment records to ensure compliance with the warranty given above.
17.16.5 Wireless Provider shall indemnify, defend and hold City harmless for,
from and against all losses and liabilities arising from any and all violations of the warranty given
above.
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City of Chandler Wireless in the ROW Standard Designs and Concepts
585222905
Schedule 1
Attachment "A"
Page 1 of 1
Marana Study Session Council Meeting 10/10/2017 Page 100 of 144
Wireless in the ROW Fee Structure
585222905
Schedule 1
Attachment "6"
Page 1 of 1
Marana Study Session Council Meeting 10/10/2017 Page 101 of 144
Standards for Letters of Credit
In addition to any other requirements imposed upon a letter of credit (the "Letter of Credit") issued
pursuant to these Standard Terms, each Letter of Credit shall meet and be governed by the
following additional standards and requirements:
1. Letter of Credit Requirements. The Letter of Credit shall be printed on Bank Safety
Paper. The following terms and no others shall be stated on the face of the Letter of Credit:
1.1 The Letter of Credit is clean, unconditional, and irrevocable.
1.2 The Letter of Credit is payable to City upon presentation of the City's draft.
1.3 City may make partial draws upon the Letter of Credit.
1.4 The Letter of Credit is conditioned for payment solely upon presentation of a
sight draft and a copy of the Letter of Credit.
1.5 Within ten (10) days after City's draft on the Letter of Credit is honored, City must
make the original of the Letter of Credit available to the issuer in Maricopa County, Arizona
upon which the issuer may endorse its payments.
1.6 The issuer specifies a telefax number, email address, and street address at
which City may present drafts on the Letter of Credit.
1.7 The Letter of Credit is valid until a specified date.
1.8 The Letter of Credit will be automatically renewed for successive one (1) year
periods, unless at least one hundred twenty (120) days prior to expiration the issuer notifies City
in writing, by either registered or certified mail, that issuer elects not to renew the Letter of Credit
for the additional period. In the event of such notification, any then unused portion of the Letter
of Credit shall be available by draft on or before the then current expiration date.
1.9 The Letter of Credit is otherwise subject to the most recent edition of the Uniform
Customs and Practices for Documentary Credits, published by the International Chamber of
Commerce.
1.10 The Letter of Credit need not be transferable.
2. Approved Forms. The form of the Letter of Credit and of drafts upon the Letter of Credit
shall be as follows:
2.1 Except as approved in writing by City's Regulatory Affairs Manager or designee,
the form of the Letter of Credit shall be in the form set out below.
2.2 Except as approved in writing by City's Regulatory Affairs Manager or designee,
the form of drafts upon the Letter of Credit shall be in the form set out below.
3. Issuer Requirements. The issuer of the Letter of Credit shall meet all of the following
requirements:
3.1 The issuer shall be a federally insured financial institution with offices in Maricopa
County, Arizona, at which drafts upon the Letter of Credit may be presented.
3.2 The issuer shall be a member of the New York Clearing House Association or a
commercial bank or trust company satisfactory to City.
3.3 The issuer shall have a net worth of not less than $1 billion.
585222905
Schedule 1
Attachment "C"
Page 1 of 3
Marana Study Session Council Meeting 10/10/2017 Page 102 of 144
Form Of Letter Of Credit
Date , 20
Letter of Credit No.:
Regulatory Affairs Manager
City of Chandler
P.O. Box 4008
Mail Stop 403
Chandler, AZ 85244-4008
Dear Sir or Madam:
We hereby establish our clean, unconditional and irrevocable Letter of Credit in your favor at the
request and for the account of in
the aggregate amount of ($ ),
available upon presentation of your draft in the form attached hereto as Schedule 1.
We will honor each draft presented to us in compliance with the terms of this Letter of Credit.
Partial draws are permitted. Each draft must be accompanied by a copy of this Letter of Credit.
Within ten (10) days after we honor your draft, you must make the original of this Letter of Credit
available to us in Maricopa County, Arizona upon which we may endorse our payment. Drafts may
be presented by any of the following means:
1. By telefax to ) -
2. By email to
3. By hand or overnight courier service delivery to:
[This address must be in Maricopa County, Arizona.]
4. By hand or overnight courier service delivery to:
[This address need not be in Maricopa County, Arizona]
This Letter of Credit is valid until , 20 and shall thereafter be
automatically renewed for successive one (1) year periods, unless at least one hundred twenty
(120) days prior to expiration we notify you in writing, by either registered or certified mail, that we
elect not to renew the Letter of Credit for such additional period. In the event of such notification,
any then unused portion of the Letter of Credit shall be available upon your presenting to us your
draft on or before the then current expiration date.
This Letter of Credit is subject to the UCP600. This Letter of Credit is not assignable.
[bank name] , a
By [bank officer's signature]
[bank officer's name printed]
Its [bank officer's title]
Phone: [bank officer's phone number]
585222905
Schedule 1
Attachment "C"
Page 2 of 3
Marana Study Session Council Meeting 10/10/2017 Page 103 of 144
Form Of Draft On Letter Of Credit
To:
From: Regulatory Affairs Manager
City of Chandler
P.O. Box 4008
Mail Stop 403
Chandler, AZ 85244-4008
Date: , 20
Ladies and Gentlemen:
Pursuant to your Credit No. , the City of Chandler hereby demands cash
payment in the amount of
Please make your payment to the City of Chandler in the form of a wire deposit to:
If such deposit cannot be accomplished immediately for any reason, please make your payment
in the form of a cashier's check issued by your institution and delivered to me at the address
listed above.
I certify that I am the Regulatory Affairs Manager of the City of Chandler.
If there is any imperfection or defect in this draft or its presentation, please inform me
immediately at (480) 782-3410 so that I can correct it. Also, please immediately notify the City
Attorney at (480) 782-4656.
Thank you.
City of Chandler, Regulatory Affairs Manager
585222905
Schedule 1
Attachment "C"
Page 3 of 3
Marana Study Session Council Meeting 10/10/2017 Page 104 of 144
Assumption Of Antenna Site Right-Of-Way License Agreement
Regarding
This assumption is made pursuant to paragraph 16.5 of that certain Antenna Site Right-of-way
License Agreement (the "Site License Agreement") between City of Chandler, an Arizona
municipal corporation ("City") and , a
("Wireless Provider") dated , 20 1.
a ("Assignee"), having acquired
the rights of the Wireless Provider under the Site License Agreement, hereby assumes the Site
License Agreement, agrees to be bound thereby, and obligates itself to perform the terms and
conditions of the Site License Agreement, all in favor of City. The person signing this document on
behalf of Assignee warrants to City his authority to do so.
Dated: , 20
ASSIGNEE: ,
a
By:
Its:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 , by of , a
Notary Public
My Commission Expires:
Date
Schedule 1
Attachment "D"
Page 1 of 1
Marana Study Session Council Meeting 10/10/2017 Page 105 of 144
FINAL 8-31-17
FA
IW4
Chandler ArIzona
Where Values Make The Difference
2017
City of Chandler
Design Standards, Concepts Requ 'irements
for
Small Wireless Facilities in the Right-of-Way
Manna Study Session Council Meeting 10/10/2017 Page 106 of 144
FINAL 8-31-17
City of Chandler
Design Standards, Concepts and Requirements
Small Wireless Facilities in the Right-of-
Table of Contents Page i
Definitions Page 1-2
Standard Design Requirements for
Small Wireless Facility on Existing Streetlights Page 3-4
Standard Design Requirements for
Small Wireless Facility on Existing Traffic Signal Pole Page 5-7
Standard Design Requirements for
Small Wireless Facility on Existing Utility Pole Page 8-9
Standard Design Requirements for
Wireless Facility on New Wireless Support Structure Page 10-11
Common Standard Design Concepts,
Requirements, and Details Page 12-16
City of Chandler Contact Information Page 17
Exhibit Al
Calculating Height of Existing Streetlight Page 18
Exhibit A2
Calculating the Height of Existing Streetlight with Integrated Mast Arm Page 19
Exhibit 6
Calculating the Height of Existing Traffic Signal Pole Page 20
Exhibit C
"Dog House" and External Cable Chase Page 21
Exhibit D1
Panel Antenna Shroud —45 Degrees Page 22
Exhibit D2
Panel Antenna Shroud —90 Degrees Page 23
Exhibit D
Example of Electrical Meter Pedestal Page 24
i
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FINAL 8-31-17
City of Chandler
Definitions
Standard Design Requirements for Small Wireless Facility
"Antenna" means communications equipment that transmits or receives electromagnetic radio
frequency signals and that is used in providing wireless services.
"Antenna Mounting Bracket" means the hardware required to secure the antenna to the pole.
"Antenna Mounting Post" means the vertical post or pipe that the antenna mounting bracket is
mounted to in order for the antenna to be attached to the pole.
"Antenna Shroud" means the three-sided cover that is mounted at the base of the antenna to
conceal the appearance of the cables and wires from the hand-hole port on the pole to the
bottom-fed antenna.
"Canister Antenna" means the canister or cylinder style housing used to conceal the
antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole.
"Communications Equipment" means any and all electronic equipment at the Small Wireless
Facility location that processes and transports information from the antennas to the Wireless
Provider's network.
"Dog House" means the plastic or metal attachment to the base of a pole that covers the
transition point of underground cables and wires to the vertical section of the pole.
"Ground Mounted Equipment" means any communications equipment that is mounted to a
separate post or to a foundation on the ground.
"Light Emitting Diode" also referred to as "LED" is a type of lighting fixture installed on city
streetlight and traffic signal poles.
"Light Fixture" means the lighting unit or luminaire that provides lighting during the evening
hours or during the hours of darkness.
"Luminaire Mast Arm" means the horizontal post that attaches the light fixture to the streetlight
pole or traffic signal pole.
"Outside Diameter" also referred to as "OD" means the points of measurement, using the outer
edges of a pole, pipe or cylinder.
"Panel Antenna" means the style of antenna that is rectangular in shape and with dimensions
that are generally four (4) feet to eight (8) feet in height, by eight (8) inches to twelve (12)
inches wide, and four (4) inches to nine (9) inches deep.
"Remote Radio Heads (RRH) / Remote Radio Units (RRU)11 means the electronic devices that
are used to amplify radio signals so that there is increased performance (farther distance) of
the outgoing radio signal from the antenna.
"Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the area on, below or
above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does
not include a Federal Interstate Highway, a state highway or state route under the jurisdiction of
the Department of Transportation, a private easement, property that is owned by a special taxing
district, or a utility easement that does not authorize the deployment sought by the wireless
provider.
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FINAL 5-31-17
"Sight Distance Easements" means the area of land adjacent to an intersection, driveway or
roadway that has restrictive uses in order to preserve the view of oncoming or crossing
vehicular and pedestrian traffic by drivers in vehicles attempting to merge with traffic or enter a
roadway.
"Sight Visibility Triangles" means the traffic engineering and safety concept that requires clear
view by the driver of a vehicle to crossing traffic at a stop sign, driveway or intersection. In
order to achieve clear visibility of the cross traffic, the land areas in the sight visibility triangle
has specific maximum heights on landscaping, cabinets, and other potential view obstructions.
"Signal Head" means the "Red, Yellow and Green" light signals at a signal-controlled
intersection.
"Signal Head Mast Arm" means the horizontal pole that has the signal heads mounted to it and
attaches to the traffic signal pole.
"Small Wireless Facility" as defined in A.R.S. 9-591(19), means a Wireless Facility that meets
both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six (6) cubic feet in volume
or, in the case of an antenna, that has exposed elements, the antenna and all of the antenna's
exposed elements could fit within an imaginary enclosure of not more than six (6) cubic feet in
volume.
(b) All other wireless equipment associated with the facility is cumulatively not more than
twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in volume if the equipment was
ground mounted before the effective date of this section. The following types of associated
ancillary equipment are not included in the calculation of equipment volume pursuant to this
subdivision:
(i) An electric meter.
(ii) Concealment elements.
(iii) A telecommunications demarcation box.
(iv) Grounding equipment.
(v) A power transfer switch.
(vi) A cutoff switch.
(vii) Vertical cable runs for the connection of power and other services.
"Stealth and Concealment Elements" means the use of shrouds, decorative elements, design
concepts and faux elements so that a small wireless facility can be designed to blend in with
the surrounding streetscape with minimal to any visual impact.
"Utility Pole" as defined in A.R.S. §9-591(21) means a pole or similar structure that is used in
whole or in part for communications services, electric distribution, lighting or traffic signals.
Utility pole does not include a monopole.
2
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FINAL 8-31-17
City of Chandler
Standard Design Requirements
Small Wireless Facility on Existing Streetlight
The following design standards shall apply, in addition to the Common Standards Design
Concepts, Requirements and Details that is included in this document, to a Small Wireless Facility
(SWF) proposed for a location with an existing City-owned or third party-owned streetlight in the
City of Chandler Right-of-way (ROW). These design standards are not exhaustive and the City, as
the owner, keeper and manager of the ROW retains the right to modify or adjust the requirements
on a case-by-case basis.
A. Pole Criteria:
1. Purpose of Streetlight Pole: The primary purpose of the pole shall remain as a pole
structure supporting a streetlight luminaire and related streetlight fixtures used to provide
lighting to the City ROW. The attachment of wireless equipment to an existing streetlight
pole or to a replacement pole that impedes this primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with minimal to
any visual impact.
b) A replacement pole shall match the City of Chandler standard streetlight pole, as
closely as possible, subject to more specific criteria below.
c) For each individual pole type or style used to support the wireless equipment, one spare
replacement pole shall be provided by the wireless provider to City in advance so the
pole can be replaced promptly in case of a knockdown.
d) All plans shall be signed and sealed by a Professional Engineer.
e) All other details in the City of Chandler Street Light Design (Technical Design Manual
#6) shall apply.
3. Specific Criteria:
a) New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of the two
height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less),
per A.R.S. §9-592(1); or
2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J).
b) Overall Height of Replacement Pole
1) The "base" height of an existing streetlight pole shall be the height of the vertical
pole section from the existing grade. The height of the luminaire mast arm, if higher
than the vertical pole section, shall not be used to determine the new overall height
of the replacement pole.
2) If the antennas are the highest vertical element of the site, then the new overall
height of the replacement pole is measured from the existing grade to the top of the
canister or the top of the panel antenna.
c) Increase in Outside Diameter (OD) of Pole
The non-tapered replacement pole outside diameter (OD) of the base section shall be
equal to the top section, and the OD shall not exceed eight and five-eights (8-5/8)
inches (the pole manufacturing industry standard OD for an 8 inch diameter pole) or a
100% increase in diameter of the original pole, whichever is less.
Marana Study Session Council Meeting 10/10/2017 3 Page 110 of 144
FINAL 8-31-17
d) Luminaire Mast Arms
1) All luminaire mast arms shall be the same length as the original luminaire arm,
unless the City requires the mast arm to be different (longer or shorter) based upon
the location of the replacement pole.
2) Unless otherwise approved, all luminaire mast arms shall match the arc (if
applicable) and style of the original luminaire arm.
3) The replacement luminaire mast arm shall be at the same height above the ground
as the existing luminaire.
e) Luminaire Fixtures
1) All replacement poles shall have the City standard light-emitting diode (LED) light
fixture installed.
2) All replacement light fixtures shall have a new City standard photo-cell or sensor.
f) Pole Foundation
1) All pole foundations shall conform to the City's adopted standards and specifications
on streetlight design and shall be modified for wireless communications equipment
and cables.
2) The City, in its sole discretion, may allow the pole foundation design to be "worst
case" for all soil conditions.
3) A separate, one-inch diameter conduit shall be installed in the pole foundation for
the City's luminaire wire and any additional City wires or cables. The City's conduit
shall be trimmed to three (3) inches above the top of the pole foundation.
4) The height of the pole foundation shall be two (2) inches above finished grade. If
the pole foundation encroaches into any portion of the sidewalk, then the pole
foundation shall be flush with the sidewalk.
5) Shrouds for the streetlight pole mounting bolts may be required for the replacement
pole.
g) Painting of Replacement Pole
1) If the replacement pole is an unpainted galvanized pole, the pole shall not be
painted or have a finish unless otherwise specified by the City.
2) For powder coated bronze/silver SL-6, SL-8 or SL-16 type poles, the wireless
provider shall replace with same powder coated color and/or color combination per
Chandler Street Light Design Manual (Technical Design Manual #6).
3) For Park Green SL-10 style poles (no longer being installed), the wireless provider
shall replace with powder-coated bronze/silver SL-8 type pole.
h) Painting Antennas and Mounting Equipment
1) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and other equipment mounted on a new or replacement unpainted
galvanized pole shall be painted Sherwin Williams "Web Grey" (SW7075) color or
equivalent, unless specified otherwise by the City.
2) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and all other equipment mounted on a painted new or replacement pole
shall be painted a color specified by the City.
i) Wireless provider shall install pole numbers on each replacement pole (to match the
number on the existing streetlight pole being replaced) per Chandler Street Light Design
Manual (Technical Design Manual #6).
Marana Study Session Council Meeting 10/10/2017 4 Page 111 of 144
FINAL 8-31-17
City of Chandler
Standard Design Requirements
Small Wireless Facility on Traffic Signal Pole
The following design standards shall apply, in addition to the Common Standards Design
Concepts, Requirements and Details included in this document, to a Small Wireless Facility (SWF)
proposed for a location with an existing City-owned traffic signal in the City of Chandler Right-of-
way (ROW). These design standards are not exhaustive and the City, as the owner and manager
of the ROW retains the right to modify or adjust the requirements on a case-by-case basis.
A. Pole Criteria:
1. Purpose of Traffic Signal Pole: The primary purpose of the traffic signal pole shall remain
as a pole structure supporting a traffic signal and related streetlight fixtures used to provide
traffic control and lighting to the City ROW. The attachment of wireless equipment to a new
or replacement traffic signal pole that impedes this primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with minimal to
any visual impact.
b) A replacement pole shall match the City of Chandler standard traffic signal pole, as
closely as possible, subject to more specific criteria below.
c) For each individual pole type or style used to support the wireless equipment, one spare
replacement pole shall be provided by Company to City in advance so the pole can be
replaced promptly in case of a knockdown.
d) All plans shall be signed and sealed by a Professional Engineer.
e) All other details in the City of Chandler Traffic Signal Design (Technical Design Manual
#5) shall apply.
3. Specific Criteria:
a) New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of the two
height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less),
per A.R.S. §9-592(1); or
2) Up to forty (40) feet above ground level, per A.R.S. §9-592(J).
b) Overall Height of Replacement Pole
The height of the replacement pole is measured from grade to the top of the antenna
canister or the top of the panel antennas if the antennas are the highest elements.
c) Increase in Outside Diameter (OD) of Pole
1) If the replacement pole is a taper design, the diameter of the base section of the
replacement pole OD shall not exceed twelve (12) inches or a 100% increase in the
OD of the base section, whichever is less.
2) If the replacement pole is non-tapered, then the diameter of the base section shall
be equal to the top section and the OD shall not exceed twelve (12) inches or a
100% increase, whichever is less.
d) Signal Head Mast Arms
1) The traffic signal head mast arms shall be the same length as the original signal
head mast arm unless the City requires the mast arm to be different (longer or
shorter) based upon the location of the replacement pole.
Marana Study Session Council Meeting 10/10/2017 5 Page 112 of 144
FINAL 8-31-17
2) All signal head mast arms shall match the arc (if applicable) and style of the original
signal head mast arm.
e) Luminaire Mast Arms
1) All luminaire mast arms shall be the same length as the original luminaire arm
unless the City requires the mast arm to be different (longer or shorter) based upon
the location of the replacement pole.
2) All luminaire mast arms shall match the arc (if applicable) and style of the original
luminaire arm.
f) Signal Heads
1) All existing signal heads shall be replaced, at no cost to City, with new light-emitting
diode (LED) signal heads, per City of Chandler Traffic Signal Design (Technical
Design Manual #5).
2) All signal heads shall be procured from a City approved signal heads supplier or
manufacturer.
g) Luminaire Fixtures
1) All replacement poles shall have the City standard LED light fixture installed.
2) All replacement light fixture shall have a new photo-cell or sensor installed to City
standard.
h) Other City Elements on Signal Mast Arm or Pole
All existing emergency signal detection units, video detection cameras, video cameras,
cross walk service buttons, cross walk signals, and any other pedestrian or traffic
devices shall be replaced with new units by wireless provider and installed at no cost to
the City. All equipment shall be procured from a list of City approved suppliers.
i) Signs and Other Misc.
All street name plates or signs, directional signs and any other City approved signs shall
be replaced with new signs at no cost to the City. All signs and attachments shall be
procured from a list of City approved suppliers.
j) Traffic Signal Pole Foundation
1) All pole foundations shall conform to the City's standards an specifications on traffic
signal pole design and shall be modified for wireless communications equipment,
hand holes and cables.
2) The wireless provider shall install a three (3) inch diameter (OD) conduit in the pole
foundation for the City's cables and wires for the signal heads, luminaire and
devices on the signal mast arm and luminaire mast arm. The City's conduit shall be
trimmed to three (3) inches above the top of the pole foundation.
3) In addition to the conduits for the City's use inside the pole, the wireless provider
shall install one of the two options for its cables and wires:
a) One, six (6) inch diameter (OD) conduit in the pole foundation; or
b) Two, four (4) inch diameter (OD) conduits in the pole foundation. The length of
the conduit shall extend from the pole foundation to six (6) inches above the
signal head mast arm.
6
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FINAL 8-31-17
4) Pole Foundation — Height Above Ground Level
a) If the pole foundation is in a landscaped or unimproved area, the height of the
caisson shall be two (2) inches above finished grade. However, if the pole
foundation is adjacent to or within a sidewalk or ramp, the height of the pole
foundation shall be flush with the surface of the immediate area.
b) Shrouds for the traffic signal pole mounting bolts may be required for the
replacement pole.
k) Painting of Pole, Antennas and Mounting Equipment
1) Specifications on paint color and painting process are provided in the City of
Chandler Traffic Signal Design (Technical Design Manual #5).
2) For powder-coated traffic signal poles, the wireless provider shall replace with same
powder-coated color and/or color combination.
1) Construction of Traffic Signal
The installation work of the replacement traffic signal pole, including mast arms, signal
heads and devices, must be performed by a Arizona licensed Traffic Signal Contractor
with a minimum of five (5) years of experience installing traffic signals.
7
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City of Chandler
Standard Design Requirements
Small Wireless Facility on Existing Utility Pole
The following design standards shall apply, in addition to the Common Standards Design
Concepts, Requirements and Details that is included in this document, to a Small Wireless Facility
(SWF) proposed for a location with an existing third party-owned utility pole in the City of Chandler
Right-of-way (ROW). These design standards are not exhaustive and the City, as the owner,
keeper and manager of the ROW retains the right to modify or adjust the requirements on a case-
by-case basis.
A. Pole Criteria:
1. Purpose of Utility Pole: The primary purpose of the pole shall remain as a pole structure
supporting a cables and wires used to provide communications services and electric
distribution in the City ROW. The attachment of wireless equipment to an existing third
party-owned utility pole that impedes this primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with minimal to
any visual impact.
b) A SWF mounted on an existing third party-owned utility pole is subject to more specific
criteria below.
c) Each existing pole used to support the wireless equipment, the pole shall be inspected,
tested and approved by a licensed structural engineer to be able to have the additional
weight and wind-loading placed upon it within industry accepted safety margins.
d) All plans shall be signed and sealed by a Professional Engineer.
3. Specific Criteria:
a) Replacement Pole Height
A replacement pole may be installed without zoning review if one of the two height
requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less),
per A.R.S. §9-592(1); or
2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J).
b) Overall Height of Replacement Utility Pole
1) The "base" height of an existing utility pole shall be the height of the vertical pole
section from the existing grade.
2) If the antennas are the highest vertical element of the site, then the new overall
height of the replacement pole is measured from the existing grade to the top of the
canister or the top of the panel antenna.
c) Use of Existing Pole —Wood
1) An existing wood pole used for a SWF shall have the antennas contained within an
eighteen (18) inch (OD) canister mounted at the top of the pole.
2) Unless otherwise approved, the cables and wires from the base of the pole to the
antennas shall be installed in a conduit or cable chase outside of the pole, facing
away from the street or away from on-coming traffic.
3) If a "dog house" (see Exhibit C) is required as a transition point connecting the
underground cables and wires from the ground mounted equipment to the pole, the
City shall provide the maximum size, dimension and shape of the dog house on a
case-by-case basis.
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d) Use of Existing Pole — Metal
1) An existing metal pole used for a SWF shall have the antennas contained within an
eighteen (18) inch (OD) canister mounted at the top of the pole.
2) Panel antennas on a metal pole shall have the same "RAD center" (center of
radiation) so the antennas will be at the same height on the pole.
3) The cables and wires from the base of the pole to the antennas shall be installed in
a conduit or cable chase on the outside of the pole, facing away from the street or
away from on-coming traffic.
4) If a "dog house" (see Exhibit C) is required as a transition point connecting the
underground cables and wires from the ground mounted equipment to the pole, the
City shall provide the maximum size, dimension and shape of the dog house on a
case-by-case basis.
e) Painting of Pole and Dog House
1) If the replacement pole is an unpainted galvanized pole, the pole shall not be
painted or have a finish unless otherwise specified by the City.
2) If the existing or replacement pole includes a dog house for the transition of the
cables and wires to the pole, the dog house shall be painted the same color as the
pole or a color specified by the City.
f) Painting Antennas and Mounting Equipment
1) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and other equipment mounted on a new or replacement unpainted
galvanized pole shall be painted Sherwin Williams "Web Grey" (SW7075) color or
equivalent, unless specified otherwise by the City.
2) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and all other equipment mounted on a painted new or replacement pole
shall be painted a color specified by the City.
3) If the antenna is mounted on a wood pole, the color of the antenna, antenna canister,
mounting brackets and posts, shrouds and cable chases shall be painted a color
specified by the City that will closely match the color of the wood.
g) Ground Mounted Equipment
The City may require the ground-mounted wireless equipment to be screened or
concealed to reduce the visual impact to the surrounding area. The screening or
concealment shall take into account the location of the site, the use of the immediate
area, and the existing aesthetic elements surrounding the site.
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City of Chandler
Standard Design Requirements
Small Wireless Facility on New Poles in ROW
The following design standards, in addition to the Common Standards Design Concepts,
Requirements and Details that are included in this document, shall apply to a Small Wireless
Facility (SWF) that a wireless provider may install in the ROW that is not either: 1) a replacement
pole for an existing streetlight, or 2) a replacement pole for an existing traffic signal.
A new wireless support structure, including a monopole that is up to forty (40) inches in outside
diameter (OD), shall incorporate the highest level of stealth and concealment of the antennas and
wireless equipment in order to minimize the visual impact of the site to the public.
A. Pole Criteria:
1. Purpose of Wireless Support Structure: The sole purpose of a new vertical element or
wireless support structure is to attach antennas for the provision of wireless services by a
wireless provider in the City's ROW.
2. General Requirement:
a) A new wireless support structure shall be designed to minimize the visual and aesthetic
impact of the new vertical element and associated equipment upon the look, feel,
theme, and use of the surrounding area.
b) An SWF shall be designed to blend in with the surrounding streetscape with minimal to
any visual impact.
c) The new wireless support structure shall be architecturally integrated and compatible
with the use of the surrounding area.
d) The height of the new wireless support structure cannot exceed the maximum allowed
height of the zoning district that the site is proposed.
e) All plans shall be signed and sealed by a Professional Engineer.
3. Specific Criteria:
a) New Pole Height
A new wireless support structure may be installed without zoning review if one of the
two height requirements are met, see A.R.S. §9-592(1) and A.R.S. §9-592(J):
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less),
per A.R.S. §9-592(1); or
2) Up to forty (40) feet above ground level, per A.R.S. §9-592(J).
b) Overall Height of New Pole
The height of the new wireless support structure is measured from grade to top of the
antenna canister, or the top of the panel antenna if the antennas are the highest
elements of the site. Otherwise, the measured height shall be from existing grade to
the highest point of the wireless support structure.
c) Outside Diameter of Monopole
The maximum outside diameter of a monopole, as defined in A.R.S. §9-591(13), shall
not exceed forty (40) inches.
d) Stealth and Concealment Elements
As part of the stealth and concealment elements of the wireless support structure, the
City may require the wireless provider to install street name plates, directional signs,
and other decorative signs or artistic elements on the structure.
10
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1) The wireless provider is solely responsible for the cost of all stealth and
concealment elements and the installation of other elements required by the City.
2) The wireless provider is responsible for the performance of and any costs incurred
for regular upkeep, maintenance and replacement (if necessary) of these stealth
and concealment elements.
e) Architectural Integration with Surrounding Area
3) The new wireless support structure shall be designed in consultation with various
internal City stakeholders and may include external stakeholders.
4) No new wireless support structure shall be constructed without the consent and
simple majority approval of the key stakeholders.
5) The City may require the new wireless support structure to be constructed of a
specific material that will enhance the stealth and concealment of the site.
f) Pole Foundation
1) The pole foundation for the wireless support structure, if required, shall conform to
civil and structural engineering standards acceptable to the City, with design
modifications for wireless communications equipment and cables.
2) The height of the pole foundation shall be two (2) inches above finished grade.
However, if the pole foundation is adjacent to or within a sidewalk or ramp, the
height of the pole foundation shall be flush with the surface of the immediate area.
3) Shrouds for the pole mounting bolts may be required.
g) Painting of Wireless Support Structure, Antennas and Mounting Equipment
1) The City shall identify the paint colors, location of paint and any decorative work that
may be painted onto the new wireless support structure.
2) The City shall identify the paint colors for the antennas, antenna mounting brackets
and posts, antenna shrouds, and cables.
3) The City may require the new wireless support structure to be painted using a
powder-coat process.
h) Ground Mounted Equipment
The City may require the ground-mounted wireless equipment to be screened or
concealed to reduce the visual impact to the surrounding area. The screening or
concealment shall take into account the location of the site, the use of the immediate
area, and the existing aesthetic elements surrounding the site.
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City of Chandler
Small Wireless in the ROW
Common Standard Design Concepts, Requirements and Details
The following standard design requirements shall be applied to all new small wireless facilities in
the City's ROW, whether for a small wireless facility to be installed on an existing or replacement
streetlight pole, an existing or replacement traffic signal pole, an existing or replacement utility
pole, or on an existing or new wireless support structure.
A. Pole Design & Installation
1. Replacement Pole Clearances — Underground Utilities
All ground-mounted electrical equipment shall maintain minimum horizontal clearance from
underground utilities.
• Clearance from water lines shall be at least six (6) feet.
• Clearance from sewer lines shall be at least six (6) feet.
• Clearance from telecommunications shall be at least one (1) foot.
• Clearance from cable television lines shall be at least one (1) foot.
• Clearance from all other underground infrastructure shall be at least six (6) feet.
a) The City, in its sole discretion, may grant a variance, upon approval by the City
Engineer, from these horizontal separation distances on a case-by-case basis. The
approval of a variance is dependent factors specific to the site.
b) In the case where there is an issue with horizontal separation from other underground
utilities, the wireless provider may elect to work with the impacted utility to have lines,
pipes or property moved so that minimum clearance is achieved. All relocation of City-
owned or a privately-owned utility shall be at the sole expense of the wireless provider.
2. Calculating the Base Height of an Existing Pole
The base height, from which the calculation of the "increase in pole height" is referenced for
determining the overall pole height, shall be calculated as follows:
a) Streetlight Pole (see Exhibit Aland A2)
1) A streetlight with a separate luminaire mast arm mounted to the vertical pole shall
use the top of the vertical pole as the base height.
2) A streetlight, with the luminaire mast arm integrated (e.g. telescopic style pole) into
the top vertical section of the pole, shall use the point on the pole where the mast
arm is connected plus twenty-four (24) inches as the base height.
b) Traffic Signal Pole (see Exhibit B)
A traffic signal pole with a luminaire mast arm that is mounted above the signal head
mast arm to the pole shall use the top of the vertical portion of the pole as the base
height.
3. Replacement Pole Clearance — Original Streetlight Pole or Traffic Signal Pole
The minimum distance of the replacement pole from the original pole location shall be sixty
(60) inches or more so that construction can occur safely. The City may change this
minimum distance on a case-by-case basis.
4. Replacement Pole Clearances — Sidewalks
The new or replacement pole shall maintain twelve (12) inch minimum clearance distance
from sidewalks. The City, in its sole discretion, may increase that minimum clearance on a
case-by-case basis to ensure the safe use of the sidewalk and adjacent area.
12
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5. Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT)
All new and replacement poles shall be installed in a location that does not impair or
interfere with SDE or SVT safety requirements.
6. Cables, Wires and Jumpers
a) All cables for the wireless equipment and antennas — except where such cables or
wires attach to the ports in the antenna— shall be located inside a conduit, inside the
caisson and pole. There shall not be any "dog house" or externally visible conduit or
entry point of the cables.
b) All electrical wires for the streetlight luminaire, traffic signal heads, and any City device
on the pole shall be new and connected to the existing power source.
7. Hand-holes
a) All hand-hole locations shall be called out on the plans.
b) All hand-holes near antennas shall have the top of the hand-hole no lower than the
bottom height of the antennas.
c) The bottom of the hand-hole should not exceed six (6) inches below the bottom of the
antenna.
8. Wireless Facility Identification Information
a) A four (4) inch by six (6) inch Radio Frequency Safety notice may be mounted no less
than twenty-four (24) inches from the bottom of the antenna, facing away from traffic.
b) The wireless provider may place a discreet site identification or number. The size, color
and location of this identifier shall be determined by the City.
c) No wireless provider signs may be placed on a streetlight, traffic signal pole, wireless
support structure, or a new or replacement pole except to the extent required by local,
state or federal law or regulations.
9. Interference with City Wireless Network
The City has certain wireless devices in a network that connects traffic signals, community
centers, water sites, and other locations for the City's proprietary use. The selection of a
location for a wireless site shall consider the potential interference of the City's wireless
network with RF from a wireless provider's proposed site.
a) The City, in its sole discretion, after researching the proposed site, radio frequencies,
line of sight to other wireless locations in the City's network, and other technical factors
may allow a wireless provider to install a site in the ROW.
10. Cable Chase and Dog Houses
The City, in its sole discretion, shall determine if an exterior cable chase and dog house are
aesthetically compatible with the pole and immediate area. The materials and paint color of
the cable chase and dog house shall be determined on a case-by-case basis.
B. Removal of Original Pole, Equipment and Pole Foundation
1. Removal of Original Signal Pole, Mast Arm, Signal Heads and Luminaire
a) The City shall determine what original components, (e.g., original pole, mast arm, signal
heads and luminaire, etc.) shall be delivered at no cost to the City, to the City's Street
Transportation Operations Yard by the wireless provider.
b) If the City accepts some of the original components, then only those components shall
be delivered by the wireless provider to the City' Street Transportation Operations Yard
and the remaining components shall be discarded by the wireless provider.
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2. Removal of Original Streetlight or Traffic Signal Pole Foundation
The concrete pole foundation for the original streetlight or traffic signal pole shall be
removed by the wireless provider as instructed by the City:
a) Partial Removal
The original pole foundation shall be taken back to a level that is twelve (12) inches
below existing grade and covered with four(4) inches of one-half(1/2") inch to three
(3/4") quarter inch rock materials. The remaining eight (8) inches shall be native soil.
b) Complete Removal
If the entire original pole foundation must be removed, then all materials (concrete,
rebar, metals, bolts, etc.) shall be removed. The City's Inspector shall determine, on a
case-by-case basis, the type of backfill material and compaction required — ranging
from native soil that is compacted to a half(1/2) sack slurry for the entire depth, or a
combination of native soil and slurry.
C. Antennas, RRH/RRU, Cables and Mounting on Pole:
1. General Requirement: All antennas shall be installed in a manner that minimizes the visual
impact to the general public. All work shall be performed in a professional manner that is
consistent with the highest standards of workmanship.
2. Specific Criteria:
a) Antenna Mounting Posts and Brackets
1) All panel antennas shall be mounted directly to the pole or onto a mounting pole so
that the distance from the "face" of the streetlight pole to the back of the antenna
does not exceed nine (9) inches.
2) All mounting posts shall be trimmed so that the poles do not extend higher than the
top of the antenna or protrude lower than the antenna unless necessary to install the
shroud.
3) All pole attached wireless equipment must be a minimum ten (10) feet from the
sidewalk elevation.
b) Panel Antennas
1) All panel antennas for a small cell site shall fit within an imaginary enclosure of not
more than six (6) cubic feet in volume in accordance with A.R.S. §9-591(19)(a).
(NOTE: This volume does not include antenna cable shrouds when required.)
2) All panel antennas with exposed cables from the bottom of the antenna shall have a
shroud installed on the antenna or antenna mounting posts to conceal the cables.
(see Exhibits D 1 and D2)
a. The type of shroud may be a forty-five (45) degree angle (away from the bottom
of the antenna; toward the pole) or a ninety (90) degree angle (parallel to the
bottom of the antenna) depending on the location of the site.
b. The shroud shall extend from the bottom of the antenna to two (2) inches below
the bottom of the nearest hand-hole.
c) Canister Antennas
1) All canister antennas shall fit within an imaginary enclosure of not more than six (6)
cubic feet in volume. (Note: This volume does not include the canister as it is a
stealth device and not the antenna.)
2) The canister shall be no larger than eighteen (18) inches in diameter(OD).
3) All canister antennas shall be located in a canister that is mounted to a base plate at
the top of the vertical section of the replacement pole.
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4) All cables protruding from the canister shall be concealed within the canister or by a
shroud at the point where the canister is mounted to the base plate.
d) Remote Radio Heads (RRH) / Remote Radio Units (RRU)
Under State Law §9-591(19)(a), the RRH/RRU is not considered part of the antenna. If
allowed, the RRH/RRU shall be calculated as part of"All other wireless equipment
associated with this facility..." in A.R.S. §9-591(19)(b)that is subject to the twenty-eight
(28) cubic feet maximum size for small cell sites.
1) On a case-by-case basis, the City in its sole discretion and – upon reviewing the
landscape in the immediate surrounding area, the location of the pole, and stealth
options, may allow a site to have an RRH/RRU installed on the pole.
D. Ground-mounted Equipment:
1. General requirement: All ground-mounted equipment shall be installed in a manner that
minimizes the visual and ingress/egress impact to the general public. All work shall be
performed in a professional manner that is consistent with the highest standards of
workmanship.
2. Specific criteria:
a) Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT)
All ground-based wireless equipment shall be installed in a location that does not impair
or interfere with SDE or SVT safety requirements. To ensure proper sight distance, all
City of Chandler Standard Details (C-246, C-247 and C-248) shall apply.
b) Ground Equipment Location –Generally
All ground-based wireless equipment, including but not limited to equipment cabinets or
power pedestals, shall be placed as far as practical to the back of the ROW while
maintaining at least three (3) feet of ingress/egress in the ROW or public utility
easement (PUE) around the equipment.
c) Ground Equipment Clearances—Underground Utilities
1) All ground-mounted electrical equipment shall maintain minimum horizontal
clearance from below-ground utilities:
• Clearance from water lines shall be at least six (6) feet.
• Clearance from sewer lines shall be at least six (6) feet.
• Clearance from telecommunications shall be at least one (1) foot.
• Clearance from cable television lines shall be at least one (1) foot.
• Clearance from all other underground infrastructure shall be at least six (6) feet.
2) The City, in its sole discretion, may grant a variance upon approval from the City
Engineer, from these horizontal separation distances on a case-by-case basis. The
approval of a variance is dependent on factors specific to the site.
3) In the case where there is an issue with horizontal separation from other
underground utilities, the wireless provider may elect to work with the impacted
utility to have its lines, pipes or property moved so that minimum clearance is
achieved. All relocation work of City-owned or a privately-owned utility shall be at
the sole expense of the wireless provider.
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d) Ground Equipment Clearance — Sidewalks
The ground equipment shall maintain a minimum twelve (12) inch clearance distance
from sidewalks. The City, in its sole discretion, may increase the minimum clearance
on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area.
e) Compliance with Height Requirements
Evidence or documentation that, where the above-ground structure is over thirty-six (36)
inches in height, given its proposed location, the structure will comply or be in
compliance with applicable City of Chandler planning and zoning ordinances. The
Zoning ordinance can be found at
https:Hlibrary.municode.com/az/chandler/codes/code—of ordinances?nodeId=PTVIPL
f) Screening of Ground Equipment
The City, in its sole discretion, may require the ground-mounted equipment to be
screened; the type of screening materials and design will be addressed on a case-by-
case basis.
1) In cases when screening is not required, the City may specify the paint color of the
ground-mounted equipment.
g) Decals and Labels
1) All equipment manufacturers' decals, logos and other identification information shall
be removed unless required for warranty purposes.
2) The wireless provider of the site may place an "Emergency Contact" decal or
emblem to the ground equipment.
3) The ground-mounted equipment shall not have any flashing lights, sirens or regular
noise other than a cooling fan that may run intermittently.
h) Equipment Cabinets on Residential Property
1) Residential Single-Family Lot
The Wireless Equipment and Ancillary Equipment listed in A.R.S. §9-591(19)(b)
shall not exceed thirty-six (36) inches in height in the front yard of a residential
single-family zoned property.
2) Air-conditioning Units
Unless otherwise specified by City, a wireless equipment cabinet with air-
conditioning (not a fan only) shall be enclosed by walls and setback a minimum of
fifteen (15) feet from lots where the existing or planned primary use is a residential
single-family dwelling.
i) Electric Company Meter
1) All electric company meters shall be installed in the ROW or PUE. The location of
the meter equipment shall have minimum ingress and egress clearance from private
property lines and driveways.
2) All electric company meters shall maintain minimum clearance from above-ground
utility cabinets and below-ground utilities.
3) All electric company meters shall be installed in a location that does not impair or
interfere with the SDE or SVT safety requirements of the City.
4) The electric company meters shall be screened or contained within a "Myers-type"
or "Milbank-type" pedestal cabinet that is painted to match the ground equipment or
as specified by the City. (see Exhibit E)
5) In the case where screening is not required, the City may specify the paint color of
the electric company meter cabinet on a case-by-case basis.
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City of Chandler Contacts
For questions regarding the 2017 City of Chandler Design Standards, Concepts &
Requirements for Wireless Facilities in the Right-of-Way, contact:
Regulatory Affairs Manager
(480) 782-3410
Utility Development Administrator
(480) 782-3315
17
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FINAL 8-31-17
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separate Luminaire Mast Arm
i
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The purple line next to the streetlight r
depicts the section of the existing
streetlight pole that shall be used to
calculate the height of the existing
pole. The lines are not to scale and
are solely used for illustrative
purposes.
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18
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Exhibit A2
Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm
wim
III i"%� « �j���rrrrrr�iG lllllllllllli44
The "Connection Point" on an
Existing Telescopic Style
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Streetlight Pole with an
Integrated Luminaire Mast Arm
+24 inches
The Top and Bottom Points
on a Telescopic Streetlight
Pole to Calculate the
Vertical Height of the
Existing Streetlight Pole
PLUS
to
Twenty-four (24) inches
19
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Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole
.ter=
The Top and Bottom
Points on a Traffic
Signal Pole to
Calculate the Base
Vertical Height of the
Existing Pole
:u
20
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Exhibit C
Dog House — Cable Transition from Underground to Electric Utility Pole
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External cable chase
—the cables and
wires are mounted
underneath the
chase.
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"Dog House" with external
cable chase installed at the
base of a pole to cover the
cables and wires when
they cannot be installed
inside the utility pole.
21
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Exhibit D1
Antenna Shrouds —45 Degrees
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22
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FINAL 8-31-17
Exhibit D2
Antenna Shrouds —90 Degrees
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23
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FINAL 8-31-17
Exhibit E
Examples of Electrical Meter Pedestals — "Myers" or"Milbank" Style
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24
Marana Study Session Council Meeting 10/10/2017 Page 131 of 144
Draft 8/31/17
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Chandler + Arizona
Viiicrc City of Chandler
Small Wireless Facility in the ROW
Preliminary Site Approval,Application for Permit,and Site License Agreement Process
The process for a Small Wireless Facility(SWF) in the Right-of-way(ROW)to be approved involves four
steps, including: 1) Preliminary Site Plan Approval, 2)Application to Install a SWF in the ROW, 3) Site
License Agreement, and 4)Annual ROW Use Fees.
Preliminary Site Plan Approval
This first step in the SWF approval process involves the approval of a site plan that will be the basis for
the construction drawings submitted for review and approval by the City's building, civil, and utilities
plan review staff.
1) Preliminary Site Review with City Staff(Contact City's Regulatory Affairs Manager(480) 782-3410)
Involves meeting at City with City staff and Wireless Provider's site development team to review the
location of potential SWF in the ROW and proposed SWF design and appearance. City staff may include
members from Transportation Engineering, Street Operations, Water& Municipal Utilities,
Development Projects& Inspections, and Regulatory Affairs. In the meeting, City staff will review each
location with the Wireless Provider and use the City's GIS map layers to identify the opportunities and
obstacles for a SWF to be installed at each proposed location.
2) Field Visit of Proposed Site
If the City determines that a visit to the proposed site is necessary to identify and verify issues that need
to be addressed in the design and engineering of the site, City staff will coordinate a meeting with
Wireless Provider's site development and engineering team to discuss and review options. The area
around the proposed site shall be Blue Staked and have the ROW line marked prior to the site walk.
3) Submittal for Preliminary Site Approval
A request for approval must include: 1) a letter of authorization from the pole owner to utilize the
specific pole for this site, and 2)five (5) complete sets of site plans (see below for requirements).
The site plan set must be printed in color on 11"x 17" paper and each plan set must include:
• Title Sheet.
• Site Survey(include on plan,the docket number of the ROW dedication).
• Enlarged Site Plan (showing ROW, PUE, and Private Property).
• Elevations (minimum of two views), including:
a) Height and diameter of the existing pole and the proposed pole.
b) Location of the ground equipment and electrical pedestal.
c) Antennas with shroud mounted on pole.
d) Antenna mounting details.
e) Landscape in immediate surrounding area.
f) Photosim of site, if requested.
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Marana Study Session Council Meeting 10/10/2017 Page 132 of 144
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4) Approval of Preliminary Site Plan
The preliminary site plan will be reviewed by stakeholders in the various City departments and all
redlines and comments must be cleared before the plans are approved and ready for the next steps.
Once approved,the Wireless Provider shall use the approved plan set as the basis for the construction
drawings (CDs) that will be submitted in the Application to Install a Small Wireless Facility in the ROW.
The approval of a Preliminary Site Plan does not grant the Wireless Provider any implied or expressed
rights or reservations to use the pole and site. The use of a City-owned pole and ROW for a SWF is only
reserved upon the execution of the Site License Agreement, or ARLA, by the City.
Application to Install a SWF in the ROW
At time of submission, the Application to Install a SWF in the ROW shall be accompanied by a non-
refundable application fee of seven hundred fifty($750) dollars. In order to be accepted for submittal,
each application must have the following documents attached:
1. Preliminary Site Plan Approval
The applicant shall submit a copy of the Preliminary Site Plan Approval and all required
documents contained in that approval, including a full set of the approved site plan.
2. Antenna Site in ROW License Agreement (ARLA)
The ARLA must be signed by the Wireless Provider and include all required documents.
(NOTE: A Wireless Provider may submit a second original for their records; the second original
will be returned at time of permitting.)
3. Title Report Showing ROW Ownership and Utility Easements.
4. Certificate of Insurance (COI).
The COI must be in conformance with the requirements in the Standard Terms and Conditions.
5. Letter of Site Compliance with FCC OET Bulletin 65 (RF Exposure).
6. Five (5) full sets of Construction Drawings for the Site.
Upon approval of the preliminary site plan, the Wireless Provider must have the CDs created by
a qualified engineering firm and stamped by a Professional Engineer. The submittal of the CD
plan set shall be in 11" x 17" format unless otherwise specified by the City's Regulatory Affairs
Manager. Generally,the following CD pages are required, at minimum; other pages may be
requested on a case-by-case basis:
1) Title Sheet.
2) General Notes.
3) Site Survey(include on plan,the docket number of the ROW dedication).
4) Site Plan.
5) Enlarged Site Plan.
6) Elevations (minimum of two views), including:
a. Height and diameter of the existing pole and the proposed pole.
b. Location of the ground equipment and electrical pedestal.
c. Antennas with shroud mounted on pole.
d. Antenna mounting details.
e. Landscape in immediate surrounding area.
f. Photosim of site, if requested.
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Marana Study Session Council Meeting 10/10/2017 Page 133 of 144
Draft 8/31/17
7) Construction Details
a) Antennas.
b) Shrouds.
c) Mounting brackets and posts.
d) Foundation.
e) Conduit for cables, wires and electricity.
f) Electrical meter and pedestal.
g) Ground equipment (need to show dimensions of equipment).
8) Structural and Engineering Documents
a. Pole design and load calculations.
b. Foundation design and load calculations.
9) Electrical and Grounding Plans, including power meter and pedestal.
10) Landscape and Screening Plan, if required.
11) Drainage and Other Site Issues.
7. Payment of Fee—Application to Install a Small Wireless Facility in the ROW ($ 750.00)
The non-refundable application fee includes the cumulative fees for City of Chandler staff time
to process the proposed SWF from conceptual proposal to permit, including the Preliminary Site
Approval,Application to Install a Small Wireless Facility in the ROW, and the Encroachment
Permit to Work in the ROW.
Upon approval of the Application to Install a Small Wireless Facility in the ROW, the City will coordinate
the approval of the Encroachment Permit to Work in the ROW.
Execution of Site License Agreement(ARLA)
The City will countersign, date, and execute the ARLA upon approval of the Encroachment Permit.
When the Encroachment Permit is ready for pick-up, a City staff member will email the applicant to
advise them that the permit is ready to be issued.
Initial Payment and Invoice of Annual Use Fees
A payment of the annual use fee is required at the time of issuing the Encroachment Permit. Since Small
Wireless Facility applications will be submitted every month of the year, the following pro-rated
schedule shall apply:
Application to Install a Small Wireless Facility in the ROW, Submitted January 1 -June 30:
Payment of Annual Use Fee
• Fifty($50) dollars for Use of City ROW.
• Fifty($50) dollars for Use of City Pole in ROW.
Application to Install a Small Wireless Facility in the ROW, Submitted July 1—December 31:
Payment of Annual Use Fee @ 50%of Total Annual Fee
• Twenty-five ($25) dollars for Use of City ROW.
• Twenty-five ($25) dollars for Use of City Pole in ROW.
An invoice for each Small Wireless Facility in the ROW will be sent to the Wireless Provider or its
payment designee by December 15th of each year,with payment due by January 15th of the following
year(payment due in 30 days).
3of3
Marana Study Session Council Meeting 10/10/2017 Page 134 of 144
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Draft 8/31/17
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Preliminary Site Plan Approval
Wireless Provider: SWF Site Name&Number:
Name of Applicant:
Address of Applicant:
Applicant's Email Address: @
Applicant's Phone Number: ( )
CMRS Carrier Customer for this Location:
CMRS Carrier's Radio Frequency(MHz/GHz)at Site:
Location of the Pole: feet (N,S,E or W)of the intersection of
and
Distance to the Nearest Single-family Residential Property: feet
Pole Owner: Pole ID#:
Pole Type: Model Number: Steel/Metal or Wood(circle one) Pole Color:
Existing Pole Height(overall): feet/inches Proposed Pole Height(overall): feet/inches
Lowest Point of the Antenna above Ground Level: feet inches
Cubic Feet of Ground Equipment: Height: Length: Width: Total: cubic feet
Checklist of Other Required Documents:
Letter of Authorization from Pole Owner to Install the Small Wireless Facility
Preliminary Site Plan Sets(see requirements in the attached Instructions)
FOR STAFF USE ONLY—APPROVAL SECTION
Date Submitted: / / Intake By:
Name of Contract Administrator:
Signature of Contract Administrator:
Date
Name of Site Plan Approver:
Signature of Approver:
Date
(NOTE:A copy of this form,letter of authorization,and approved preliminary site plan must be included along with the other documents
required for the"Application to Install a Small Wireless Facility in the ROW")
Marana Study Session Council Meeting 10/10/2017 Page 135 of 144
Draft 8/31/17
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INSTRUCTIONS
Small Wireless Facility in the ROW
Preliminary Site Plan Approval
Wireless Provider: Name of the company that will operate the Small Wireless Facility(SWF).
SWF Site Name& Number: Input the site name.
Name of Applicant: The name of the person submitting the application and the company they are employed
with;this person may be a wireless provider employee or an agent working on behalf of the operating company.
Address of Applicant: Business address of the applicant.
Applicant's Email Address: Business email of the applicant.
Applicant's Phone Number: Business phone number of the applicant.
CMRS Carrier Customer for this Location: The name of the Commercial Mobile Radio Service (CMRS) company
(e.g., AT&T, Sprint,T-Mobile or Verizon)that will transmit RF signals at the site.
CMRS Carrier's Radio Frequency(MHz/GHz)at Site: This is documenting the specific CMRS radio frequencies
that will be transmitted from the antenna(s) at this location. The frequencies may be expressed in ranges, such as
710MHz-716MHz, or 1850MHz—1990MHz, or other similar descriptions of the frequency range along with the
designation of megahertz (MHz) or gigahertz (GHz). This information will be useful to have in case there are RF
interference issues with municipal RF sites.
Location of the Pole: Identify the pole location based on the distance from an existing intersection.
Distance to Nearest Single-Family Residential Property: Provide distance from pole to nearest residential
property line.
Pole Owner: Name of the entity that owns the pole, e.g., APS,SRP, CenturyLink, or City of Chandler.
Pole ID#: Most poles have an ID (number or alpha-numeric code) that is on the side of the pole that faces
the road or alley; the ID code may be either be in stenciled paint or have vinyl letters and numbers.
Pole Type: Select the type of pole (if model number available), then indicate if it is made of steel (galvanized),
metal (core-ten), or wood.
Pole Color: Provide the color of existing pole.
Existing Pole Height(overall): This is height of the pole measured from the ground to the top of the pole.
Proposed Pole Height(overall): The proposed height of the replacement pole (from the ground to the top of the
pole.
Lowest Point of the Antenna above Ground Level: Since the antenna will be mounted on the pole,this
information is the measurement from the lowest part of the antenna to the ground.
Cubic Feet of Ground Equipment: Provide the dimensions (H x Lx W) of the ground equipment and other non-
antenna equipment (e.g., Remote Radio Heads).
Marana Study Session Council Meeting 10/10/2017 1 Page 136 of 144
Draft 8/31/17
Checklist of Other Required Documents
Letter of Authorization from Pole Owner to Install Small Wireless Facility
The applicant must submit a letter of authorization from the pole owner stating that the applicant (or Wireless
Provider) has permission to install the small cell antenna and equipment onto the pole.
Preliminary Site Plan Set, (five complete sets printed on 11"x 17"paper)shall include, but not limited to:
• Title Sheet.
• Site Survey(include on plan,the docket number of the ROW dedication).
• Enlarged Site Plan (showing ROW, PUE, and Private Property).
• Elevations (minimum of two views), including:
a) Height and diameter of the existing pole and the proposed pole.
b) Location of the ground equipment and electrical pedestal.
c) Antennas with shroud mounted on pole.
d) Antenna mounting details.
e) Landscape in the immediate surrounding area.
f) Electrical meter pedestal.
g) Photosim of site, if requested.
Staff Use Section
Date Submitted
Input the date that the document was accepted for processing.
Intake By
Input the name of the City staff that reviewed and accepted the packet of documents for processing.
Name of Contract Administrator
The Contract Administrator is the Regulatory Affairs Manager or his/her designee.
Name of Site Plan Reviewer&Approver
The Site Plan Reviewer and Approver of the site plan is the Regulatory Affairs Manager or his/her designee.
2
Marana Study Session Council Meeting 10/10/2017 Page 137 of 144
Draft 8/31/17
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City of Chandler
Application to Install a Small Wireless Facility in the ROW
Wireless Provider: SWF Site Name&Number:
Name of Applicant:
Address of Applicant:
Applicant's Email Address: @
Applicant's Phone Number: ( )
CMRS Carrier Customer for this Location:
CMRS Carrier's Radio Frequency(MHz/GHz)at Site:
Location of the Pole: feet (N,S,E or W)of the intersection of
and
Pole Owner: Pole ID#:
Cubic Feet of Ground Equipment: c.f.
Checklist of Other Required Documents:
Preliminary Site Plan Approval Documents
Antenna Site in ROW License Agreement(signed by Wireless Provider)
Title Report Showing ROW Ownership and Utility Easements
Certificate of Insurance
Letter of Site Compliance with FCC OET Bulletin 65(RF Exposure)
Five(5)full sets of Construction Drawings for the Site(see requirements in Instructions attached)
Payment of Fee—Application to Install a Small Wireless Facility in the ROW($ 750.00_)
FOR STAFF USE ONLY—APPROVAL SECTION
Application Packet Submittal: / / Application Intake By:
Name of Contract Administrator:
Signature of Contract Administrator:
Date
Name of Plan Reviewer or Designated Approver:
Signature of Approver:
Date
CoC ARLA License Number(to be assigned upon approval of Application): — —
Marana Study Session Council Meeting 10/10/2017 (Year) — (Wireless Provider) — (N Fpe@q"X'IQ
Draft 8/31/17
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INSTRUCTIONS
Application to Install a Small Wireless Facility in the ROW
Wireless Provider: Name of the company that will operate the Small Wireless Facility (SWF).
SWF Site Name& Number: Input the site name.
Name of Applicant: The name of the person submitting the application and the company they are
employed with; this person may be a wireless provider employee or an agent
working on behalf of the operating company.
Address of Applicant: Business address of the applicant.
Applicant's Email Address: Business email of the applicant.
Applicant's Phone Number: Business phone number of the applicant.
CMRS Carrier Customer for this Location: The name of the Commercial Mobile Radio Service (CMRS) company
(e.g., AT&T, Sprint,T-Mobile or Verizon)that will transmit RF signals
at the site.
CMRS Carrier's Radio Frequency(MHz/GHz)at Site: This is documenting the specific CMRS radio frequencies
that will be transmitted from the antenna(s) at this
location. The frequencies may be expressed in ranges,
such as 710M Hz-716M Hz, or 1850M Hz—1990M Hz, or
other similar descriptions of the frequency range along
with the designation of megahertz (MHz) or gigahertz
(GHz). This information will be useful to have in case
there are RF interference issues with municipal RF sites.
Location of the Pole: Identify the pole location based on the distance from an existing intersection.
Pole Owner: Name of the entity that owns the pole, e.g., APS,SRP, CenturyLink, or City of Chandler.
Pole ID#: ID (number or alpha-numeric code) that is on the side of the pole; the ID code may be
either be in stenciled paint or have vinyl letters and numbers.
Cubic Feet of Ground Equipment: Provide the dimensions (H x L x W) of the ground equipment and other non-
antenna equipment (e.g., Remote Radio Heads).
Checklist of Other Required Documents
Preliminary Site Plan Approval Documents
The Preliminary Site Plan Approval Documents include a copy of the signed approval form, a copy of the letter of
authorization from the pole owner, and a copy of the approved site plan set.
Marana Study Session Council Meeting 10/10/2017 1 Page 139 of 144
Draft 8/31/17
Antenna Site in the ROW License Agreement(ARLA)
The ARLA must have all information completed and signed by the authorized representative of the Wireless
Provider. The ARLA must have all Exhibits attached in order to be complete. (NOTE: If the Wireless Provider
would like an original version of the ARLA,they may submit a second original that will be returned with the
Encroachment Permit at time of permitting.)
Title Report Showing ROW Ownership and Easements
The title report is required for the ROW property that the SWF site is located on and the immediately adjacent
area surrounding the site that another person or entity may hold an interest.
Certificate of Insurance(COI)
The certificate of insurance document must be in conformance with the requirements set for in the City of
Chandler Wireless Facilities Standard Terms and Conditions.
Letter of Compliance with FCC OET Bulletin 65(RF Exposure)
A letter from the Director of RF Engineering or an equivalent title attesting that the proposed SWF will be
operated in compliance with the radio frequency exposure guidelines set forth in the FCC Office of Engineering&
Technology, Bulletin 65 (Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields).
Construction Drawings Plan Set, (five complete sets printed on 11"x 17"paper)shall include, but not limited to:
1) Title Sheet.
2) General Notes.
3) Site Survey(include on plan,the docket number of the ROW dedication).
4) Site Plan.
5) Enlarged Site Plan.
6) Elevations (minimum of two views), including:
a) Height and diameter of the existing pole and the proposed pole.
b) Location of the ground equipment and electrical pedestal.
c) Antennas with shroud mounted on pole.
d) Antenna mounting details.
e) Landscape in immediate surrounding area.
f) Photosim of site, if requested.
7) Construction Details
a) Antennas.
b) Shrouds.
c) Mounting brackets and posts.
d) Foundation.
e) Conduit for cables, wires and electricity.
f) Electrical meter and pedestal.
g) Ground equipment (need to show dimensions of equipment).
8) Structural and Engineering Documents
a) Pole design and load calculations.
b) Foundation design and load calculations.
9) Electrical and Grounding Plans, including power meter and pedestal.
10) Landscape or Screening Plan, if required.
11) Drainage and Other Site Issues.
Marana Study Session Council Meeting 10/10/2017 2 Page 140 of 144
Draft 8/31/17
Payment of Fee—Application to Install a Small Wireless Facility in the ROW($750.00)
The non-refundable application fee includes the cumulative fees for City of Chandler staff time to process the
proposed SWF from conceptual proposal to permit, including the Preliminary Site Approval, Application to Install a
Small Wireless Facility in the ROW, and the Encroachment Permit to Work in the ROW.
Staff Use Section
Application Packet Submittal
Input the date that the Application was accepted for review and approval.
Application Intake By
Input the name of the City staff that reviewed the application for completeness and accepted payment of the
Application to Install a Small Wireless Facility in the ROW.
Name of Contract Administrator
The Contract Administrator is the Regulatory Affairs Manager or his/her designee.
Name of Encroachment Permit Approver
The Approver of the Encroachment Permit is the Development Project Administrator or his/her designee. The
approval signature shall only be provided after all reviews and approvals of the Construction Drawings are
completed and the Encroachment Permit is ready for the Wireless Provider.
CoC ARLA License Number
Input the City's License Number for the ARLA after the site is approved for Encroachment Permit.
The format shall be: Year — Wireless Provider Name – Number (XXXXX)
with the year in full four(4) digits, the name of the Wireless Provider, and starting with "00001"
Examples: 2017 – AT&T/Cingular – 00001
2017 – Sprint – 00089
Marana Study Session Council Meeting 10/10/2017 3 Page 141 of 144
'Ad �
MARANA AZ
ESTABLISHED 1977
Council-Study Session D3
Meeting Date: 10/10/2017
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: October 10, 2017
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Development; discussion of proposed comprehensive revisions to the Land
Development Code's sign regulations (Frank Cassidy & Brian Varney)
Discussion:
In June 2015, the United States Supreme Court issued its opinion in Reed v Town of Gilbert,
casting a constitutional cloud over all content-based sign regulations. In simple terms,Reed calls
into question any regulation that requires a code enforcement officer to read a sign to know if it's
legal. As a result of Reed, sign codes are being amended to replace sign types restricting the
message on the sign with sign types focused on the size, location, and construction of the sign.
The flag and flagpole revision presented for consideration at the Council's October 3 meeting is
an example of a Marana sign code revision eliminating a content-based regulation -- it eliminated
a provision favoring a "United States of America" flag.
The proposed comprehensive sign code revision being prepared by Town staff attempts to
eliminate content-based regulations. The draft has been rewritten in its entirety to remove
regulations pertaining to specific content or speakers, and to regulate based on time, place, and
manner of the signage. That is, the standards are written to regulate when, where, and how
a particular sign may be placed.
Although substantially complete, the draft sign code is still subject to additional review by town
staff and stakeholders. After receiving Council feedback at this study session and making any
resulting modifications to the draft code, staff will solicit feedback from members of the business
community who will ultimately be subject to the new regulations.
The entire draft sign code will be presented to the Planning Commission and ultimately the
Marana Study Session Council Meeting 10/10/2017 Page 142 of 144
Council at future public hearings when the public review process has been completed. Although
most of the existing sign code regulations have been revised, staff has selected the following key
changes for Council's feedback at this time:
1 The draft creates new definitions for the terms 'sign property' and 'sign premises.' The 'sign
property' is the specific lot or parcel where the sign is located. The 'sign premises' consist of
the entire development or shopping center where the sign is located.
2. Most of the regulations in the draft allow signage to be located anywhere on the 'sign
premises,' and not simply on the 'sign property.'
3. Wall signage in non-residential areas has been modified to reduce the area from 1.5 square
feet for each linear foot of building frontage to a ratio 1:1 for buildings within 75 feet of the
right-of-way. For buildings further than 75 feet from the right-of-way, the current ratio of
1.5:1 remains.
4. The base allowable area and height for freestanding monument signs in non-residential areas
remains unchanged at 40 square feet and eight feet in height, but the draft allows a 25%
increase in area and height if the sign design meets certain established criteria typical
of exceptional-quality signage.
5. The base allowable area and height for freestanding pylon signs (formerly 'pole signs') has
been reduced from a maximum of 150 square feet and 20 feet in height to a maximum of 80
square feet and 14 feet in height, but the draft allows a 25% increase in area and height if the
sign design meets certain established criteria typical of exceptional-quality signage.
6. Regulations are in process for interstate pylon signs (called I-10 freeway interchange
business signs in the current sign code). The current area and height standards are 300 square
feet and 65 feet in height.
7. Electronic message display signs are currently limited to 50% of the total allowable sign
area up to 40 square feet, and limit the change rate to once every 30 seconds. Staff proposes
to allow the entire sign area to be used for electronic message display, and to reduce the
change rate to once every eight seconds (consistent with ADOT standards).
8. Temporary banner-type signs are currently allowed to be displayed for up to two weeks with
a three-week break between display periods. Staff proposes a display period of 21 days, up
to four times per calendar year.
9. The draft eliminates sign types focused on the content or identity of the sign owner.
Examples of eliminated sign types include construction signs, political signs, real estate
property signs, service club signs, temporary qualifying event directional signs, and time and
temperature signs.
10. The draft code would allow one portable sign, such as an 'A'-frame or 'T'-frame, to be
displayed per sign property within 30 feet of the entrance of the building to which the sign
applies. The exception would be in the downtown area in which signs may be located
anywhere upon the sign property with appropriate clearance for pedestrian access.
11. The draft code would require residential subdivisions under construction to have a
subdivision sign program to regulate temporary signs within the boundaries of the
development.
12. Enforcement provisions have been revised to follow the civil infraction process, chapter 5-7
of the Town Code.
Staff Recommendation:
Marana Study Session Council Meeting 10/10/2017 Page 143 of 144
Staff requests Council feedback on the these policy issues:
1 The staff draft eliminates special treatment of non-commercial signs. The practical effect of
this in the staff draft is that more temporary signage is now permitted than in the existing
Marana sign code. Post-Reed 9th Circuit decisions allow more liberal rules for
non-commercial signs. Should the regulations be amended to create special, less-stringent
rules for non-commercial signs?
2. The staff draft minimizes regulations focused on "on-site" versus "off-site" commercial
signs. Post-Reed 9th Circuit decisions allow less-favorable treatment of"off-site"
commercial signs. Should the regulations be amended to more strictly regulate "off-site"
signs?
I The staff draft completely eliminates "political signs" as a sign type, and simply includes
political signs and other non-commercial signs within the more liberally-permitted
temporary signage regulations. Post-Reed decisions across the country have identified
special regulations for political signs as the most likely to violate the First Amendment.
State law already gives political signs special treatment by preempting local government
removal of political signs from public rights-of-way during election season. Would Council
prefer the state law preemption to be placed into the text of the sign code?
4. The staff draft completely prohibits non-government signs in the right-of-way except in
situations where an adjacent property owner holds license to use the right-of-way (treated by
staff as an extension of the adjacent premises for sign regulation purposes). But for the state
law preempting local government removal of political signs from public right-of-way during
election season, this would make political signs in the right-of-way illegal under Marana's
sign code in most circumstances. Would Council prefer the state law preemption to be
placed into the text of the sign code?
5. Staff requests Council feedback on regulations described in the "Discussion" section above,
and in particular those for interstate pylon signs, electronic message displays, temporary
banner-type signs, and freestanding signs.
Town staff recommends the regulatory approaches toward temporary, on-site/off-site, and
political signs in the staff draft as the best way to minimize the Town's legal exposure and to
maximize the code's likelihood to be upheld in the face of a constitutional challenge. The specific
regulations concerning size, location, and duration are more a matter of Council's preference, and
do not raise constitutional concerns.
Suggested Motion:
Council's pleasure.
Attachments
No file(s) attached.
Marana Study Session Council Meeting 10/10/2017 Page 144 of 144