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HomeMy WebLinkAboutPole Attachment Agreement for Banners-November 12 2014 FPL POLE ATTACHMENT AGREEMENT FOR BANNERS ,'� II THIS AGREEMENT ("Agreement") is made this 74 day of /(,�©y&,.,4Qd , 20between the City of Cape Canaveral, a municipality within the State of Florida, (hereinafter referred to as "Attachee") and Florida Power & Light Company, a Florida Corporation (hereinafter referred to as "FPL") . W I T N E S S E T H WHEREAS the Attachee has requested permission to attach banners to certain street light poles owned by FPL; and WHEREAS FPL is willing to allow the attachment of banners to certain FPL-owned street light poles by the City for City purposes under certain terms and conditions; NOW THEREFORE, in consideration of the covenants, conditions and agreements hereinafter set forth, and other good and valuable consideration, FPL and the Attachee agree as follows : I . GRANT OF PERMISSION AND DETA'I'LS OF ATTACHMENT 1. 01. FPL hereb- grants permission to the Attachee to attach, at the so _e expense to the Attachee and at no exper .e to FPL, Attachee' s banners to (number) FPL street light poles (hereinafter referred to as "pole" or "poles") which are located as set forth in Exhibit A attached hereto. 1 . 02 . Banners may not be attached to any FPL-owned pole that supports non-street light related distribution equipment. In addition, banners may not be attached to any FPL-owned fiberglass pole. 1 . 03 . The Attachee may install one or two banners on each pole. If two banners are installed on a pole, they must be installed on opposite sides of the pole, 180 degrees apart . Banner arms used to mount the banners must flex or breakaway in high winds to reduce stress on the pole . Breakaway style banner arms shall be equipped with a safety cable that shall keep the banner arm attached to the pole should the banner arm breakaway. The total banner surface area must not exceed FPL' s wind loading ) Page 1 of 5 Banner Attachment Agreement (rev. 9/29/2014) criteria based on thew d zone the banner is to be located in. (�, 130mph, FPL to circle one and strike thru the other two) . As a general guide, the banner' s total surface area of all banners on that pole, must not exceed the following square footages to meet the wind loading requirement of the pole in the designated wind i zone. { 130mph - 11 sq. feet,�Z)'W' —��) . FPL reserves the right o calculate wind loading on all permits to verify the banner meeting the wind zone criteria. z 1 . 04 . The Attachee shall attach such banners in a manner satisfactory to FPL and in accordance with all applicable codes. Such banners shall not be placed within ten (10) feet of overhead electric wires or appurtenances . In addition and within the sole determination and responsibility of Attachee, such banners shall .be placed so as to not interfere with ,s vehicular or pedestrian traffic. 1 . 05. In no event shall the banners be fastened to the poles in a manner that causes or may cause structural damage to the poles or existing pole 3 attachments . Drilling or any other modifications of poles is prohibited. Some form of banding must be selected. 1 . 06. The Attachee shall exercise all precautions during the attachment and agrees to warn its employees, agents, contractors, and invitees of the fact that the poles on which the banners are to be attached contain high voltage electric wires and to inform such persons as to safety and precautionary measures which he or she must use when working on or near the FPL poles. 1 . 07 . The Attachee shall not attach banners for third party use and shall receive no rent or fee from third parties for the use of the FPL poles . 1 . 08 . In the event that a hurricane watch or warning is declared by the National Hurricane Center for the area where the banners are installed, the Attachee will remove the banners . 3 II . FPL DISCLAIMERS AND RESERVATION OF RIGHTS 2 . 01. The Attachee agrees that FPL shall have no liability for any damage to property or injury to persons or death arising out of or in any way caused by or arising out of the Attachee ' s use of FPL' s poles pursuant to this Agreement . Page 2 of 5 qzq 2 3 s 2 . 02 . FPL reserves the right, at the sole cost of Attachee, to remove any or all banners and/or fastening devices (and shall not be responsible for any damages to same) should FPL, in its sole judgment, determine that removal is necessary due to operating facility or maintenance requirements . FPL shall have no obligation to re-install any banners and/or fastening devices should removal be required. Provided, however, except in cases of emergency in which no prior notice is required, FPL shall provide Attachee with three business days prior notice of such removal . Attachee shall have the option to itself remove Attachee' s banners and fastening devices on the agreed upon time or of sending a representative to collect and deliver the banners and fastening devises to Attachee . 2 . 03 . FPL reserves the right to change or modify i g g y is existing facilities on the subject FPL utility poles at any time. If such changes or modifications render the poles unsuitable .for use by the Attachee due to facilities requirements, FPL may remove or require removal of any banners and/or fastening devices. r III . INDEMNITY AND INSURANCE 3 . 01 . To the extent permitted by law, the Attachee agrees to defend, indemnify and hold harmless FPL from any and all claims, liabilities, causes of action, attorneys ' fees and costs, whatsoever resulting from or in connection with the Attachee ' s use of FPL' s utility poles pursuant to this Agreement. Nothing contained herein is intended nor shall be construed to waive Attachee' s rights and immunities pursuant to Section 768 . 28, Florida Statutes. 3. 02 . The Attachee agrees that it maintains insurance that provides for liability coverage. The Attachee warrants that such insurance is now and will be # continuously in effect and shall provide proof of same to FPL upon request. 3 . 03. The Attachee shall furnish to FPL a certificate of insurance listing the required coverage within ten (10) working days of the execution of this Agreement by both parties . 3 . 04 . The Attachee shall provide Worker' s Compensation insurance in accordance with the laws of the State of Florida. The Attachee agrees to be responsible Page 3 of 5 for the employment, control, and conduct of its employees and for any injury sustained by such employees in the course of their employment. 3 . 05. If the Attachee hires a contractor for the installation and removal of banner and/or fastening devices, the Attachee shall require its contractor to provide a broad form contractual indemnity covering FPL and general liability insurance, including broad form contractual liability :F coverage, with minimum limits of one million dollars ($1, 000, 000) combined single limit per occurrence for Bodily Injury and Property Damage Liability, which . shall insure required indemnity obligation. The Attachee shall require that contractor' s policies be endorsed to be primary to any insurance maintained by or on behalf of FPL. The Attachee shall also require contractor to designate both Attachee and FPL as an additional named insured. 3 . 06. The indemnification and insurance duties shall "f survive termination. F IV. TERMINATION FOR CONVENIENCE, REMOVAL AND NONASSIGNABLILITIY. 4 . 01. Either party may terminate this Agreement, without cause, for its convenience at any time upon ten (10) calendar days prior written notice to the other, without liability, penalty or obligation other than as set forth in Section III . Provided, however, FPL shall not terminate this Agreement for reasons other than for reasons of emergency, operation, or maintenance, if such banners are for 'k a special event of Attachee and that event has not x yet occurred. ) 4 . 02 . Within five business days of termination, Attachee shall remove its banners and fastening devices from the FPL poles at no cost to FPL. FPL reserves the '$ right, but not the duty to remove any banner and/or fastening devices (and shall not be responsible for any damages to same) and Attachee shall pay for any such removal by FPL within forty-five (45) days of receipt of FPL' s invoice for such removal costs . Attachee shall be solely responsible for any damage to the FPL poles caused by Attachee by Attachee' s r removal. 4 . 03. This agreement is not assignable. Page 4 of 5 ) V. NOTICES AND CORRESPONDENCE . 5. 01 . All notice pertaining to or affecting the provisions of this Agreement shall be in writing and either delivered in person or via the United States mail, postage prepaid, addressed, or facsimile as follows : As to FPL: Thomas J. Kennedy, Principal Regulatory Analyst Distribution Regulatory Services Florida Power & Light Company 7200 NW 4th Street Plantation, FL 33317 Telephone: (954) 321-2241 Facsimile: (954) 321-2135 As to Attachee: Jeff Ratliff Public Works Services Director P. O. Box 326 s Cape Canaveral, FL 32920 Telephone: (321) 868-1240 Facsimile: (321) 868-1233 IN WITNESS WHEREOF, the Parties have caused these presents to be duly executed the day and year first above written. FLORIDA POWER & LIGHT COMPANY ATTACHEE :t City of Cape Canaveral By: By: Signature City Manager-Signature Print Name: M(\M lM`-1 Print Name: David L. Greene Title: IP,�pw�2 ,)�uv�t Attest: Cle ( k Page 5 of 5