Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Licensing Agreement
Purpose: Street Use/License Agreement to install and maintain Small Cell Wireless Telecommunication Facilities.
Entity Name: New Cingular Wireless PCS, LLC
Entity Address: 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, Georgia 30319
Contract Amount: Per agreement, minimum $270.00 per annum per wireless facility, subject to CPI inflator and additional City fees for street use, and fee for cost of negotiation
Funding Source: No municipal funds required
Contract Period: Five (5) years and renewable for up to three (3) additional five (5) year terms unless terminated upon execution
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. (X) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, New Cingular Wireless PCS, LLC (“Cingular” and/or “Grantee”) constructs wireless facilities used in the provision of the personal wireless services, and also installs fiber optic lines and associated facilities connecting wireless facilities, and seeks to install such facilities within the City of Newark (the “City” and/or “Newark”); and
WHEREAS, Cingular has requested that the City issue an appropriate authorization to utilize the Streets, as required by Title XXIX of the Revised General Ordinances of the City of Newark 2000, Ch. 5 Art. 2 Sec. 29:5-6b, and City and Cingular have agreed to the terms of the attached Street Use Agreement by and between the City of Newark and Cingular to be entered into between the parties which defines the rights, obligations and responsibilities of both the parties, and the conditions to occupy the Streets for the purpose of installing facilities and providing services as defined in the Agreement; and
WHEREAS, the term of the “Street Use Agreement” is for a period of five (5) years and the term shall automatically renew for three (3) additional five (5) year terms unless terminated by either party at the end of its initial five (5) year term, or at any time thereafter, by giving written notice of its intention to do so no less than one hundred eighty (180) days before the proposed date of termination; and
WHEREAS, Cingular agrees to pay compensation to the City for use of the Streets, which amount is a minimum of Two Hundred and Seventy Dollars and Zero Cents ($270.00) per annum for each wireless facility (an amount established by the Federal Communications Commission as a “safe harbor”) which amount is subject to an increase to or to account for annual increases in the CPI-U, New York-Newark-Jersey City, from calendar year 2020 (base year); and which amount may be further increased to the extent permitted by state and federal law; and
WHEREAS, Cingular has further agreed to pay an annual fee established by City for use of the rights-of-way for its wireline facilities, subject to any limits established by State or Federal law, and to pay the City’s costs in negotiating the agreement; and
WHEREAS, the placement of particular wireless and wireline facilities will be subject to review of the City in accordance with applicable law.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Department of Engineering, are hereby authorized on behalf of the City of Newark to enter into and execute a Street Use Agreement, in the form attached hereto, by and between The City of Newark and New Cingular Wireless PCS, LLC, which defines the rights, obligations and responsibilities of both the parties, and the conditions to occupy the Streets for the purpose of installing Small Cell Wireless Telecommunication Facilities and providing services as defined in the Agreement.
2. A fully executed copy of the Street Use Agreement shall be filed in the Office of the City Clerk by the Director of the Department of Engineering.
3 The term of the “Street Use Agreement” is for a period of five (5) years and the term shall automatically renew for three (3) additional five (5) year terms, unless terminated by either party at the end of its initial five (5) year term, or at any time thereafter, by giving written notice of its intention to do so no less than one hundred eighty (180) days before the proposed date of termination.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Engineering, to enter into and execute a Street Use Agreement by and between the City of Newark and New Cingular Wireless PCS, LLC, which defines the rights, obligations and responsibilities of both the parties, and the conditions to occupy the Streets for the purpose of installing Small Cell Wireless Telecommunication Facilities and providing services as defined in the Agreement.