HomeMy WebLinkAboutCalifornia State University Fresno - Encroachment Permit for street light pole camera,+/
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AGREEMENT AND ENCROACHMENT PERMIT
This Agreement ("Agreement") is entered into as of 2013, between the City of
Fresno, a municipal corporation ("City"), and the Board of Trustees of the California State
University, which is the State of California acting in its higher education capacity ("University"),
pursuant to the following facts, among others:
RECITALS
A. University desires to install two cameras to be used for monitoring by its University
Police Department on two street light poles (one camera on each pole) located in the public street
right-of-way. One pole is a City-owned pole at the northwest corner of Sixth Street and Bulldog
Lane ("Permitted Site") as shown on Exhibit A, attached hereto and incorporated by reference
herein. The other pole is a PG&E-owned pole located at the southeast corner of Fourth Street and
San Ramon Avenue ("Ramon Site") as shown on Exhibit A.
B. City is willing to permit such installation on the Permitted Site only on the
conditions herein specified and if University enters into this Agreement to protect such public rights-
of-way and to protect City from any liability that may arise from such installation or the granting of
this permit.
C. University is willing to allow access to the camera video feed from both Sites by
City's Police Department as needed for law enforcement monitoring and to capture stored images.
Stored images will be retained for the time period specified by University Police Department
practices.
D. University is willing to purchase and install the two cameras, if City is willing to
provide matching funds of $8,000 for University's purchase of one of the two cameras. City has
funded $8,000 for said purchase.
E. The public benefits that will follow from installation of cameras include contribution to
public safety through affording law enforcement with modern technological investigative tools in this
metropolitan and adjacent University area. This will improve the ability of law enforcement to
prevent and detect public safety emergencies, deter criminal conduct, and identify crime
participants.
AGREEMENT
Therefore, in consideration of City's granting of a permit to use and occupy the Permitted
Site as defined above, University hereby promises and agrees with the City, for the benefit of the
City, its public property and the general public to the following conditions as follows:
1. Grant of Encroachment Permit. City grants to University a non-exclusive, revocable
permit to the extent it has the authority to do so, to enter into, and to install, operate and maintain a
camera on the Permitted Site, solely for the use by law enforcement as an investigative tool.
This Agreement shall constitute an encroachment permit pursuant to Fresno Municipal
Code Section 13-219 for the Permitted Site. This Agreement does not relieve University from the
obligation of obtaining a street work permit pursuant to Fresno Municipal Code Section 13-202 for
any work to be done in the public right-of-way contiguous to, or within, the Permitted Site or the
Ramon Site.
It shall be the responsibility of University to obtain permission from PG&E for installation by
University of a camera at the Ramon Site and to comply with all applicable rules and regulations of
PG&E for installation, operation and maintenance of the camera. University shall not interfere with
City's use of the Ramon Site for street lighting.
2. Approval of Plans, Drawings and Specifications. Before beginning to install the
camera on the Permitted Site, University shall obtain written approval of all plans, drawings, and
specifications for such installation from the City's Public Works Director ("Director"). Upon such
approval, University shall install the camera as promptly as practicable in strict accordance with the
approved plans, drawings, and specifications. During installation of the camera at the Permitted
Site, University shall take all steps necessary to avoid or minimize disruption of vehicular and
pedestrian traffic in the vicinity of the respective Permitted Site. No change shall be made in the
approved plans, drawings, or specifications without the prior written approval of the Director.
3. Responsibility for lnstallation, Operation and Maintenance. University shall be solely
responsible for the installation, operation and maintenance of the cameras at the Permitted Site and
the Ramon Site (hereinafter collectively referred to as "the Sites"), University shall at all times
operate and maintain the cameras at and the Sites so that there is no interference with
vehicular or pedestrian traffic. University shall maintain no nuisances on the Permitted Site in fact
or at law, and shall at all times conduct its activities or cause its activities to be conducted in full
compliance with all applicable federal, state and municipal laws.
4. Utilities. University shall be solely responsible for obtaining, and paying all costs
associated with, electricity needed for operation of the cameras. The University shall install a meter
at each of the Sites for utility consumption such that the University shall be required to pay for the
costs of such utility consumption directly to the providing utility.
5. Matching Funds and Fresno Police Department Access. City will provide University
$8,000 for University's purchase of one camera. University will purchase two cameras, one for
installation at the Ramon Site and one for installation at the Permitted Site pursuant to this
Agreement. University will retain title to and ownership of both cameras and allow access to the
camera video feed from both cameras by City's Police Department ("FPD") as needed by FPD for
law enforcement monitoring and to capture stored images.
6. Citv Right of Entry and Prioritv Use. City's representatives shall have the right to
enter upon all or any part of the Permitted Site at any time for any lawful purpose(s). University
agrees that City's use of the Sites as street lights shall take priority over University's use and City
use and repair thereof may interfere from time{o-time with University's use of cameras. University
agrees not to interfere with such City use. ln the event the City shall, in its sole discretion,
determine that the use of part or all of the Permitted Site is required for any municipal or public
utility purpose, it will give University at least 30 days written notice of such requirement and
University shall remove the cameras and all appurtenant equipment and shall restore the respective
Permitted Site to substantially the same condition it was in prior to installation of the cameras.
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University shall be fully responsible for all costs related to such removal and restoration.
7. lndependent Contractor. University is and shall be an rndependent contractor and
not an employee, padner, joint venturer or agent of the City. Neither party shall have any right to
control, supervise or direct the manner or method or choice by which the other party or its
contractors shall perform its or their work or function. However, each pafty shall retain the right to
verify that the other is performing its respective obligations in accordance with the terms hereof.
8.. City may revoke this Agreement and the permit for the Permitted Site, for any
reason, immediately upon delivery of written notice to University. Within 30 calendar days after
such revocation, University shall remove the camera and all appurtenant equipment from the
Permitted Site and shall restore the Permitted Site to substantially the same condition it was in prior
to installation of the camera. University shall be fully responsible for all costs related to such
removal and restoration.
9. No Warranty or Rioht to Trespass. City makes no warranty that the scope of either
City's ownership in, or City's easement in, whichever is applicable to, the Permitted Site is broad
enough to encompass the issuance of this permit. University shall inform itself of, and obtain, any
other approvals necessary to lawfully enter the Permitted Site and install the cameras. This permit
is not permission to trespass on any property, publicly or privately owned.
10. lndemnification University shall indemnify, hold harmless and defend City and each
of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tod or strict liability, including but
not limited to personal injury, death at any time and property damage) incurred by City, University
or any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of or in any way connected with (a) University's performance of this Agreement, (b) the grant of this
permit, (c) use of the Permitted Site by University, its employees, officers, agents, contractors
or subcontractors, or (d) design, installation, operation, maintenance or removal of the
cameres by University. University's obligations under the preceding sentence shall apply
regardless of whether City or any of its officers, officials, employees, agents or volunteers are
passively negligent, but shall not apply to any loss, liability, fines, penalties, fodeitures, costs or
damages caused by the active negligence or by the willful misconduct of City or any of its officers,
officials, employees, agents or volunteers.
This section shall survive termination or expiration of this Agreement.
11. lnsurance. University shall maintain insurance policies or self-insurance programs
to fund its liabilities hereunder. lts programs or policy coverage for Workers' Compensation shall
contain a waiver of subrogation as to the City and each of its officers, officials, agents, employees
and volunteers.
12. Notices. Any notice required or intended to be given to either pady under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, or
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deposited into the United States mail, with postage prepaid, addressed to the party to which notice
is to be given at the party's address set forth on the signature page of this Agreement or at such
other address as the parties may from time to time designate by written notice.
13. Bindinq. Subject to Section 15 below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties and each party's respective
heirs, successors, assrgns, transferee, agents, servants, employees and representatives.
14. Assiqnment. This Agreement is personal to University and there shall be no
assignment by University of its rights or obligations under this Agreement without the prior written
approval of City. Any attempted assignment by University, its successors or assigns, shall be null
and void unless approved in writing by City.
15. Compliance with Law. ln performing any work pursuant to its permit hereunder,
University shall at all times comply with all applicable federal, state and local laws, and with all
applicable regulations promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during the life of this
Agreement.
16. Waiver. The waiver by either parly of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this Agreement.
No provisions of this Agreement may be waived unless in writing and signed by all parties to
this Agreement. Waiver of any one provlsion herein shall not be deemed to be a waiver of any other
provision herein.
17. Governinq Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California. Venue for purposes of the
filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be Fresno County, California.
18. Headinqs. The section headings rn this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
19. Severabilitv. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision, or paft thereof, shall not affect the validity or invalidity of any
other provision.
20. lnteroretation The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this Agreement be
found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor or against any party, but rather by construing the terms in accordance with their
generally accepted meaning.
21. Attorney's Fees. lf either pafty is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party
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in such proceeding or action shall be entitled to recover from the other parly its reasonable
attorney's fees and legal expenses.
22. Precedence of Documents ln the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this
Agreement shall control and take precedence over the terms and conditions expressed within the
Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purporl to modify the allocation of risk between the parties, provided for
within the body of this Agreement, shall be null and void.
23. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
24. Extent of Aqreement. Each parly acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and integrated
agreement between the parlies with respect to the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be
modified only by written instrument duly authorized and executed by both City and University.
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lN WITNESS WHEREOF, the padies
California, the day and year first above written.
City of Fresno,
A California municipal corporation
By.
Scott Mozier,
Assistant Director and City Engineer
Department of Public Works
Attention: Director of Public Works
2600 Fresno Street, 4th Floor
Fresno, C493721-3623
executed this Agreement at Fresno,
University,
acting in a
University:
California State University,
Police Depadment
2311 E. Barstow Ave. M/S
Fresno, CA 93740-8004
Fresno
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Attachment:
Exhibit A Description of Permitted Site
Trustees of the California State
which is the State of California
ATTEST:
WONNE SPENCE CMC
City Clprk
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APPROVED AS TO FORM:
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