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HomeMy WebLinkAbout6643 ORDINANCE NO. 6 6 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO MCIMETRO ACCESS TRANSMISSION SERVICES CORP., D/B/A VERIZON ACCESS TRANSMISSION SERVICES, A DELAWARE CORPORATION, A FRANCHISE FOR TELECOMMUNICATIONS SERVICES WHEREAS, MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services ("Grantee") has applied to the City of Auburn ("City") for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of-way within the City, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way; and WHEREAS, following proper notice, the City Council held a public hearing on Grantee's request for a Franchise, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for eomment by any and all persons desiring to be heard; and WHEREAS, from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and ifs inhabitants that the franchise be granted to Grantee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to enter, use, and occupy the right(s)-of-way and/or other public property specified in Exhibit '`A'', attached hereto and incorporated by reference within the City of Auburn (the "Franchise Area''). B. The Grantee is authorized to install; remove, construct, erect, operate, maintain, relocate and repair the types of facilities specified in Exhibit"B", attached hereto and incorporated by reference; and all necessary appurtenances Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 1 of 20 thereto, ("Grantee Facilities")for provision of those services set forth in Exhibit"C" ("Grantee Services") in, along, under and across the Franchise Area. C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Grantee Facilities and Grantee Services, and it extends no rights or privilege relative to any facilities or services of any type,. including Grantee Facilities and Grantee Services, on public or private property elsewhere within the City. D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interferes wifh Grantee's right set forth herein. E. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respecf to the Franchise Area or any ofher City roads, rights-of-way, property, or any portions thereofi. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain, the Grantee acKnowledges its use of the Franchise Area shall have no value. F. The City reserves the right to change, regrade, relocate, abandon, or vacate any right-of-way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. G. The Grantee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the City and fhe public's need for municipal � infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2. Notice A. Written notices to the parties shall 6e senf by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party. Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 2 of 20 City: Engineering Aide, Community Development and Public WorKs Department-Transportation City of Auburn 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Grantee: MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services Attn: Franchise Manager 600 Hidden Ridge Mailcode: HQE02G295 Irving, TX 75038NAME with copies (except for invoices)to: Verizon Business Network Services 1320 North Courthouse Road, Suite 900 Arlington, VA USA 22201 Attn: Vice President and Deputy General Counsel, Nefinrork Operations B. Any changes to the above-stated Grantee information shall be sent to the Cify's Engineering Aide, Community Development and Public Works Department — Transportation Division, with copies to the City Clerk, referencing the title of this agreement. C. The above-stated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. The City may contact Grantee at the following number for emergency or other needs outside of normal business hours of the Grantees: Nefinrork Operations Genter 1-800-624- 9675. - Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 3 of 20 Section 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from fhe date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.13D, as it now exists or is amended, within the timeframe set forth therein (currently240 to 180 days prior to expiration of the then- current term). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC. C. Failure to Renew Franchise—Automatic Extension. If the Parties fail __ to formally renew this Franchise prior to the expiration of its term or any extension thereof, fhe Franchise automatically continues month to month until renewed or either party gives written notice at least one hundred and eighty (180) days in advance of intent not to renew fhe Franchise. Section 4. Definitions For the purpose of this agreement: "ACC" means the Auburn City Code. "€mergency" means a condition of imminent danger to the health, safety and welfare of persons or property located within the City including, without Iimitation, damage to persons or property from natural consequences, such as storms; earthquakes, riots, acts of terrorism or wars. "Maintenance or Maintain" shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing Grantee Facilifies or any part thereof as required and necessary for safe operation. "Relocation" means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of sueh facilities, or other revisions Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Fage 4 of 20 Grantee would accomplish and charge to third parties without regard to municipal request. "Rights-of-Way" means the surface and the space above and below sfreets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights- of-ways and similar public properties and areas. Section 5. Acceptance of Franchise A: This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with the City Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "D," and incorporated by reference, (2) all verifcations of insurance coverage specified under Section 15, and (3) the fnancial guarantees specified in Section 16 and (4) payment of any outstanding application fees per the City fee Schedule. These four items shall collectively be the "Franchise Acceptance". The date that such Franchise Acceptance is filed with fhe City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within thirty (30) days affer the effective date of the ordinance approving the Franchise, the City's grant of the Franchise will be null and void. Section 6. Construction and Maintenance A_. The Gra.ntee shall apply for, obtain, and comply with the terms of all permits required under ACG Ghapter 12.24 for any work done within the City: Grantee shall comply with all applicable City, State; and Federal codes; r�ules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner. B. Grantee agrees to coordinate its activities with the Cify and all other utilities located within the public right-of-way within which Grantee is under taking its activity. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from time to time, pursuant to the applieable sections of this Franchise, requ'ire the removal, relocation and/or replacement thereof in the public interest and safefy at the expense of the Grantee. Ordinance No:6643 March 7, 2017 Franchise Agreement No. 17-09 Page 5 of 20 D. Before commencing any work within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure. E. Tree Trimming, Upon prior written approval of the City and in accordance with City ordinances; Grantee shall have the authority to reasonably trim trees upon and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee Facilities: Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty-four(24) hours of completion of the trimming, the Cit� may, at its sole discrefion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a elear path for radio signals. Any such general vegetation clearing will require a land clearing permit. Section 7. Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Grantee shall notify the City telephonically during normal business hours (at 253- 931-3010 and during non-business hours at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon fhereafter as possible. Such notification shall include the Grantee's emergency contact phone number for the corresponding response activity. The City may eommence emergency response work, at any time, without prior written notice to the Grantee, but shall notify the Grantee in writing as promptly as possible under the circumstances. Section 8. Damages to City and Third-Party Property Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third-party, Grantee will restore, at its own co5t and expense,said property to a safe condition. Such repair work shall be performed and completed to the safisfaction of the Cify Engineer. ----------------------------- Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 6 of 20 Section 9. Location Preference A. Any structure, equipment, appurtenance or tangible property of a uti_lity, other than the Grantee's, which was installed, constructed, completed or in place prior in time to Grantee's application for.a permit to construct or repair Grantee Facifities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility's submittal of a permit for new or additional sfruefures, equipment, appurtenances or tangible property, then the GranCee Faeilities shall have priority. These rules goveming preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities. Such relocations shall be govemed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five(5)feet from City water, sanitary sewer and storm sewer facilities and ten (10) feet from above-ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other u.tility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no eost to the City, any information reasonably requested by the City to coordinate municipal functions with Grantee's activities and fulfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the City's data base system,as now or hereinafter existing, including the City's geographie information Service(GIS)data base. Grantee shall keep the City inforrned of its long=range plans for coordination with the City's long- range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the City agrees to notify the Grantee of requests for public records related to the Ordinance No. 6643 March 7, 2017 Franchise Agreernent No. 17-09 Page 7 of 20 Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to proh'ibit the City's release of records. Grantee shall indemnify and hold harmless fhe City for any loss or liability for fines, penalties, and costs (including attorneys' fees) imposed on the City because of non-disclosures requested by Graritee under Washington's open public records act, provided the City has notified Grantee of fhe pending request. Section 11. Relocation of Grantee Facilities A. Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expens.e or liability to the City, except as'may be required by RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the Public Way. B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City, that party shall pay the Grantee the actual costs thereof. Section 12. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee's permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City's discretion, either abandon in place or remove the affected facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding A. The parties agree that this Franehise does not limit the Cify's authority under federal law, state law, or local ordinance, to require the undergrounding of utilities. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground the Grantee Facilities in fhe manner specified by the City Engineer at no expense or liability to the City, except Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 8 of 20 as may be required by RCW Chapter 35.99.Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs bome by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenehing and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded. Section 14. Indemnification and Hold Harmless A. The Grantee shall defend, indemnify, and hold the City and its officers, officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature ineluding attorneys' fees arising out of or in connection wifh the Grantee's performance under this Franchise, except to the extent such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the sole or contributory negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 424.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. B. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee Facilities eaused by maintenance and/or construction work performed by,or on behalf of,the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agent performing such work. C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Grantee, and ifs agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such seryices. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City's failure or inability to provide such services, and, pursuant to the terms of Section 14(A); the Grantee shall indemnify the City against any and all fhird-party costs, claims, Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 9 of 20 injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services. D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood fhat the indemnification provided herein constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreemenf. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the perFormance of the work hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles wifh a minimum combined single limit for bodily injury and property damage of $1,000,000.00 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent.liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000,00 each occurrence, $2,000,000.00 general aggregate and a $2,000,000.00 products-completed opecations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent coverage and shall cover liability arising from premises-operations, independent contractors, products-completed op.erations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent form. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Grantee's Commercial General Liability insurance policy with respect to the work Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 10 of 20 perFormed under this Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000.00 per claim for all professionals employed or retained Grantee to perForm services under this Franchise. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisionsforAutomobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the Cify shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled by the insurers except after thirty (30) days' Prior written notice has been given to Grantee. Upon receipt of such notice, Grantee shall immediately notify by certified mail, retum receipt requested, the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer's A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of Grantee before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above- required insurance. Any such self-insuranee is subject to approval by the City. F. Grantee's maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by _ _ _ Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 11 of 20 such insurance, or otherwise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 16. Performance Security The Grantee shall provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to the City. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this Franchise, then there shall be recovered jointly and severally from the principal and any surety of such financial guarantee any damages suffered by City as a result thereof, including but not limited to stafftime, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grantee specifically agrees that its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee's liability to the guarantee amount, or otherwise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. B. This Franchise shall not be leased, assigned or otherwise alienated without the express prior eonsent of the City by ordinance, which consent shall not be unreasonably withheld, conditioned, or delayed. C. Grantee and any proposed assignee ortransferee shall provide and certify the following to the City not less than sixty (60) days prior to the proposed date of transfer: (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer; (b) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c)An application fee which shall be set by the City, plus any other Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 12 of 20 costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer. D. Prior to the City's consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor's state of eomplianee and failure of the City to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. Section 18. Dispute Resolution A. In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operafional officers or representative.s designated by Grantor and Grantee to have oversight over the administration of this Agreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This Franchise shall 6e governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be ineluded in the judgment. Section 19. Enforcement and Remedies A. If the Grantee shall willfully violate, or fail to comply with any of the provisions of this Franchise through willfal or unreasonable negligence, or should it fail to heed or comply with any nofice given to Grantee under the provisions of this agreement, the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30)days of notification. If the City determines the breach cannot be cured within thirty days, the City may specify a longer cure period, and condition the extension of time on Grantee's submittal of a plan to cure Ordinance No. 6643 March 7, 2017 F�anchise Agreement No. 17-09 Page 13 of 20 the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not comply with . the specified conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notifieation, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and require the Grantee to apply for, obtain, and comply with all applicable City permits� franchises, or other City permissions for such actions, and if the Grantee's actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20. Compliance with Laws and Regulations A. This Franchise is subject to, and the Grantee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's cornprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. B. The City reserves the right at any time to amend this Franchise to conform to any hereafter enaeted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty(30)days written notice of its action setting forth the full text of the amendment and_ identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Grantee's concems to the maximum extent the City deems pqssible. ------------------------------ Ordinance No. 6643 March 7, 2017 Franchi.se Agreement No. 17-09 Page 14 of 20 C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or modif cation. Section 21. License, Tax and Other Charges This Franchise shall not exempt the Grantee from any future license, tax, or eharge which'the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Agreement, in no event shall either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similardamages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder portions shall remain in effect. Secfiion 24. Titles & Interpretation The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Interpretation or construction � of this Agreement shall not be affected by any determihation as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 26. Effective date. This Ordinance shall take effect and be in force fve days from and after its passage, approval and publication as provided by law. Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 15 of 20 INTRODUCED: MAY 15 2017 PASSED: MgY 15 2017 ' APPROVED: � � , N NCY BA S, MAYOR ATTEST: __ _ ... -- --- - _ _._ v�--� Da 'elle E. Daskam, City Clerk AP VE TO FORM: i B. ttor y Published: �dd/? ' ���� � ___ _ ------------------------------ Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 16 of 20 Exhibit A �� I 5 I� f �� rsr �—�� l ( � `rl \ � F �]Il{�TVW �nxslu � - � r _ J y � J/ ' � .�,j I z STHy�.VW � 9lJl:lllsf � �� tlllalx ai 1j IOt�fSTULl.u1i y f ` - J e pi,� _ �; C _ .J _ .�,�,�,� ix ��.��, , � — w.w�s, �"° �.,�a�.sr 1 � �I!Cn.�1.4i'CnrvvONRot. W� �IIISISL � � . IN �,ni��se s verm.v.ucK.owMaHnx�,�i, I xn��w I I �_'_-��uno.vn�umovw rrn.i..� I �--j'� S �_ - '`� �ri�.�s�. 0. s ,��. � . �^Y l67 ii.i.m�.,.n ' H xuvw �'_'_ � l, _ J � � ' l 'f+..-'.r�'1.v.K F T � l_� _J � �,,�F�, �_-- - Q City Hall � City of Aubum �� MCI Fiber(PWA 08-03) Parks ., .- .. ,, , , �� MCI Fiber(PWA 96-07) Water Features Exhibit B Grantee Facilities Grantee Facilities include, eollectively or individually, any and all communications transmission and distribution systems, including but not limited to, wires, lines, conduits, ducts, cables, braces, guys, anchors, vaults, switches, fixtures, and any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located across, above, along, below, in, over, through, or underground. Grantee Facilities shall not include any wireless telecommunications facilities such as antennas, DAS, Small Cell facilities or other wireless transmission devices that are mounted on poles or other structures in the right-of-way. ------------------------------ Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 18 of 20 Exhibit C Grantee Services The offering of communications and communications services, including, but not limited to a telephone service (as set forth in RCW § 82.16.010),integrated data services, 'internet access service, private line service, mobile fronthaul and backhaul services, and leasing of facilities (e.g., dark fiber) to affiliates and third parties. Grantee shall not offer a Cable Service or an Open Video System. � ------------------------------ Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 19 of 20 EXHIBIT"D" STATEMENT OF ACCEPTANCE MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. [Grant e] By: Date: 03//0,7 d,7 Name: All /fiG 4R Title: STATE OF Aril ) )ss. COUNTY OF Mi/41 ) On this /9 day of , 2017, before me the undersigned, a Notary Public in and for thq, State of 7 )5A$ , duly commissioned and sworn, personally appeared, AOlifeiirr iffc,G.A2e of i `G , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set orth. #v ..eie-Ciet4 ' :, a __ re ///J/� �+ � of . %/II -3�/(� 'N o clYl' Joseph M. k N TA '11 PUBLIC in and for the State of, residing at C " ' Puck. Att* ,•Ai potary __ p StaState' 9reest 099 MY COMMISSION EXPIRES:`4/,/3// 9 Ordinance No. 6643 March 7, 2017 Franchise Agreement No. 17-09 Page 20 of 20