HomeMy WebLinkAbout06-10-2024 AgendaCity Council Study Session Muni
Serv ices S FA
J une 10, 2024 - 5:30 P M
City Hall Council Chambers
A GE NDA
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I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The A uburn City Council Study Session Meeting scheduled for Monday, J une 10,
2024 at 5:30 p.m. will be held in person and virtually.
Virtual Participation L ink:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click the
link:
Telephone: 253 215 8782
Toll F ree: 877 853 5257
Zoom: https://us06web.zoom.us/j/89216044445
B .Roll Call
I I I .A G E ND A MO D I F I C AT I O NS
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .B riefing - Comprehensive E mergency Management P lan (C E MP ) (Hinman) (30
Minutes)
B .R E D I Report Out
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6942 (Gaub) (5 Minutes)
A n Ordinance granting to Z ayo Group, L L C, a Delaware L imited L iability Company, a
Franchise for W ireline Telecommunications
Page 1 of 44
V I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Briefing - Comprehensive Emergency Management Plan
(CEMP) (Hinman) (30 Minutes)
Date:
June 5, 2024
Department: Attachments:
CEMP Table of Contents
2024 EM and CEMP Briefing to City Council
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Cheryl Rakes Staff:Dana Hinman
Meeting Date:June 10, 2024 Item Number:
Page 3 of 44
City of Auburn, Washington
Comprehensive Emergency Management Plan
October 2019
Page 4 of 44
City of Auburn Comprehensive Emergency Management Plan
Revised October 2019 3
Table of Contents
EMERGENCY CONTACT NUMBERS ....................................................................................... 5
FOREWARD .............................................................................................................................. 7
LETTER OF PROMULGATION ................................................................................................. 9
DISTRIBUTION PAGE ..............................................................................................................11
RECORD OF REVISIONS ........................................................................................................13
BASIC PLAN .............................................................................................................................15
INTRODUCTION ...................................................................................................................15
PLANNING ASSUMPTIONS AND CONSIDERATIONS ........................................................19
ROLES AND RESPONSIBILITIES ........................................................................................21
CONCEPT OF OPERATIONS ...............................................................................................25
INCIDENT MANAGEMENT ACTIONS ..................................................................................30
ONGOING PLAN DEVELOPMENT AND MAINTENANCE ...................................................34
ATTACHMENTS....................................................................................................................35
APPENDICES ...........................................................................................................................36
APPENDIX 1: DEFINITIONS .................................................................................................38
APPENDIX 2: ACRONYMS ...................................................................................................49
APPENDIX 3: AUTHORITIES AND REFERENCES ..............................................................51
APPENDIX 4: TRAINING, DRILLS, AND EXERCISES..........................................................53
APPENDIX 5: DISTRIBUTION LIST ......................................................................................57
ESF 1: TRANSPORTATION ..................................................................................................59
Attachment 1: City of Auburn Evacuation Plan ...................................................................65
Attachment 1-a: Public Pre-Printed Evacuation Instructions ...............................................77
Attachment 2: Snow and Ice Routes ..................................................................................78
Attachment 3: Lahar Evacuation Routes ............................................................................79
ESF 2: COMMUNICATIONS AND WARNING .......................................................................80
Attachment 1: Warning Dissemination ...............................................................................88
Attachment 2: Field Warning/Evacuation Instructions ........................................................89
ESF 3: PUBLIC WORKS AND ENGINEERING .....................................................................91
Attachment 1: Windshield Survey Form .............................................................................97
Attachment 2: ATC-20 Rapid Evaluation Safety Form ........................................................99
Attachment 3: ATC -45 Form……………………………………………………………………100
ESF 4: FIREFIGHTING ....................................................................................................... 101
ESF 5: EMERGENCY MANAGEMENT ............................................................................... 106
Attachment 1: Essential Elements of Information ......................................................... 111
ESF 6: MASS CARE, HOUSING, AND HUMAN SERVICES ............................................... 113
Attachment 1: King County Regional Shelter Concept of Operations ............................... 121
Attachment 2: King County Shelter Types ........................................................................ 122
Attachment 3: King County Sheltering and Mass Care Decision Tree .............................. 126
ESF 7: RESOURCE SUPPORT .......................................................................................... 127
ESF 8: PUBLIC HEALTH AND MEDICAL SERVICES ......................................................... 134
ESF 9: SEARCH AND RESCUE ......................................................................................... 141
ESF 10: HAZARDOUS MATERIALS RESPONSE ............................................................... 146
ESF 11: AGRICULTURE AND NATURAL RESOURCES .................................................... 151
ESF 12: ENERGY ............................................................................................................... 158
ESF 13: PUBLIC SAFETY AND SECURITY ........................................................................ 162
ESF 14: LONG TERM COMMUNITY RECOVERY AND MITIGATION ................................ 167
ESF 15: PUBLIC INFORMATION ........................................................................................ 173
ESF 20: DEFENSE SUPPORT OF CIVIL AUTHORITIES ................................................... 177
Attachment 1: Military Organizations ............................................................................... 181
Page 5 of 44
City of Auburn Comprehensive Emergency Management Plan
Revised October 2019 4
Attachment 2: Examples of Military Resources and Services ........................................... 182
Support Annexes .................................................................................................................... 184
SA 1: DIRECTION AND CONTROL .................................................................................... 186
Attachment 1: Emergency Management Organization Chart ........................................... 200
Attachment 2: EOC Organization Chart -- Level Three .................................................... 201
Attachment 3: EOC Organization Chart -- Level Two ....................................................... 202
Attachment 4: EOC Organization Chart -- Level One ....................................................... 203
Attachment 5: EOC Organization Chart -- Level One with Incident Management Team (IMT)
........................................................................................................................................ 204
Attachment 6: Functional Responsibility Matrix ................................................................ 205
SA 2: FINANCIAL MANAGEMENT ...................................................................................... 206
SA 3: WORKER HEALTH AND SAFETY............................................................................. 212
SA 4: PANDEMIC INFLUENZA PLAN…………………………………………………..……..…213
SA 5: EMERGENCY COMMUNICATIONS PROFICIENCY…………...……………….…..….220
SA 6: PET AND SERVICE ANIMAL PREPAREDNESS PLAN…………...……………….…..225
SA 7: CYBER SECURITY PLAN………………………….……………………………….……...240
Page 6 of 44
City of Auburn Comprehensive Emergency Management Plan
Revised October 2019 5
EMERGENCY CONTACT NUMBERS
If immediate emergency or incident assistance is required, contact ValleyCom:
24-Hour Emergency Telephone: 911
For non-emergency assistance, please contact:
Auburn Police Department: 253-931-3080
Auburn Emergency Management: 253-876-1925
Valley Regional Fire Authority: 253-288-5831
The City of Auburn’s 2019 Comprehensive Emergency Management Plan (CEMP) will be
distributed electronically as well as hard copy. A redacted version will be available on the City of
Auburn’s website at http://www.auburnwa.gov.
Page 7 of 44
City of Auburn Comprehensive Emergency Management Plan
Revised October 2019 7
FOREWARD
The City of Auburn sincerely appreciates the cooperation and support from those agencies,
departments, and local jurisdictions that have contributed to the revisions, development and
publication of the 2019 City of Auburn Comprehensive Emergency Management Plan (CEMP).
Coordination of the CEMP represents a committed and concerted effort by the City of Auburn,
Valley Regional Fire Authority, and other local jurisdictions to emergency management. The
CEMP demonstrates the ability of a large number of agencies to work together to achieve a
common goal.
Special recognition for the document preparation and integration of materials into this plan go to
the City of Auburn Emergency Management Committee and the City of Auburn Emergency
Management Division, without whose efforts this document would not have been produced.
The CEMP is one of many efforts to prepare all people in the City for emergencies and
disasters. The CEMP is formatted to be consistent with the King and Pierce County CEMPs and
the Washington State CEMP, as well as the National Response Framework (NRF), complete
with Emergency Support Functions (ESFs) as single function activities. Standardized plans
throughout the State help improve interoperability between local, county, state, and federal
levels of government. The CEMP improves our ability to minimize the impacts of emergencies
and disasters on people, property, economy, and the environment of the City of Auburn.
Page 8 of 44
City of Auburn Comprehensive Emergency Management Plan
Revised October 2019 9
LETTER OF PROMULGATION
To All Recipients:
It is the policy of the City of Auburn to provide the emergency organization and resources to
minimize the effects of incidents; prepare to respond to disaster situations; maximize population
survival; and preserve property; that will ensure the orderly and fast return to normal community
life in the City of Auburn in the event of a natural or technological disaster.
The City of Auburn Comprehensive Emergency Management Plan (CEMP) has been developed
to establish the special policies, guidelines, and procedures that will provide response personnel
with the information and guidance required to function quickly and effectively in a disaster
situation. It is a goal of this plan to help develop city, business, and resident self-sufficiency for a
minimum of 14 days after a disaster. This plan supersedes all previous versions of the Auburn
CEMP.
It should be understood that emergencies and disasters are dynamic events that require
flexibility and the ability to solve challenges that are presented. Circumstances may dictate
deviation from this plan in order to have the best possible response. This plan may be
supplemented by the King County Comprehensive Emergency Management Plan, the Puget
Sound Regional Catastrophic Disaster Coordination Plan and Annexes, the Washington State
Comprehensive Emergency Management Plan, and other applicable plans.
All city departments are directed to take appropriate actions to implement this plan and to
maintain the necessary capabilities to respond effectively to emergencies and disasters. All
outside entities involved in the plan are requested to cooperate with the city in order to
coordinate the total disaster response within the community.
Adopted pursuant to City of Auburn Resolution # 5459 by the City Council of the City of Auburn,
Washington at its regularly scheduled meeting on October 21, 2019.
Page 9 of 44
Emergency Management
&
CEMP Briefing
City council’s role in emergency management and the
Comprehensive Emergency Management Plan (CEMP)
June 10, 2024
Page 10 of 44
What is Emergency Management?
•Coordinate the City’s
response to and
preparation for incidents.
•Incidents are emergencies
or planned events that
may go beyond the scope
of normal local response
capacity.
Page 11 of 44
Emergency Management Program Areas
Incident
Stabilization
EOC Activations
Logistical Support
Emergency
Communications
Stakeholder and
partner support
24/7 Duty Officer
Emergency
Plans
CEMP
COOP
Regional Hazard
Mitigation Plan
Capability-Specific
Plans
Planning Support
Training and
Exercise
EOC Training
Evacuation Drills
Emergency Exercises
NIMS Compliance
Education and
Outreach
Preparedness Classes
Community Emergency
Response Team (CERT)
Auburn Area
Emergency
Communications Team
(AAECT)
Tabling and Events
Page 12 of 44
Emergency Management Staff
Director of
Administration
Dana Hinman
Emergency
Manager
Vacant
EM
Coordinator
Tyler Turner
EM Assistant
(part-time)
Vacant
Page 13 of 44
Legislative History of Emergency
Management and Planning in Auburn
•Emergency Preparedness created in 2007 via Ordinance 6088
•ACC 2.75 “…establishes an emergency management organization for
the city of Auburn, pursuant to Chapter 38.52 RCW, for the purpose of
performing local emergency management functions.”
•Ordinance 6088 adopted the National Incident Management System
(NIMS)framework developed by the Department of Homeland
Security in 2004 in response to the attacks on 9/11
•Use of NIMS framework and principles aligns the City of Auburn with
the National Response Framework (NRF), state , and county
emergency response operations.
Page 14 of 44
Legislative History of Emergency
Management and Planning in Auburn
•Auburn’s first CEMP adopted by council in 2009 (updated every five
years)
•Council approval to accept of Washington State Emergency
Management Performance Grant (EMPG) –annually
•Council ratification of local emergency declarations by Mayor
•Council budget and policy approvals for Emergency Management
functions
Page 15 of 44
The National Incident Management System
(NIMS) Compliance
•Local, state, territorial, and tribal nation jurisdictions are required to
adopt NIMS in order to receive federal Preparedness grants (Ord.
6088)
•Designate and maintain a point of contact to serve as the principal
coordinator for the implementation of NIMS. (ACC 2.75.040)
•Ensure that incident personnel (including elected officials) receive
pertinent NIMS training in alignment with the NIMS Training
Program. (Ongoing)
Page 16 of 44
Emergency Plans
Comprehensive Emergency Management Plan (CEMP)
The CEMP is a standardized plan that is informed by:
•National Response Framework (NRF)
•Washington State Office of Emergency Management
•King and Pierce County Offices of Emergency Management
Other Emergency Plans in Auburn:
•Continuity of Operations Plan (COOP)
•Continuity of Government Plan (COG)
•Regional Hazard Mitigation Plan (annex to King County’s plan)
Page 17 of 44
CEMP Snapshot
The CEMP is designed to:
•Provide the organization and resources to minimize the effects of incidents in the
event of a natural or technological disaster
•Prepare to respond to disaster situations
•Maximize population survival
•Preserve property
•Establish special policies, guidelines, and procedures that will provide response
personnel with the information and guidance required to function quickly and
effectively in a disaster situation
•Create an orderly and fast return to normal community life in the city of Auburn
Page 18 of 44
CEMP Snapshot
The CEMP contains:
•Basic Plan
•Listing and details of Auburn’s Emergency Support Functions (ESF)
•Support annexes
Page 19 of 44
Council Role in Emergency Management
(Non-incident)
Review and approve required emergency plans
Complete required training for elected officials
Be familiar with CEMP and role during an incident
Pass regulations or codes that build community resilience
Page 20 of 44
Policy Group
EOC Manager
Operations
Section
Internal Branch
External Branch
Planning
Section
Documentation
Unit
Situation Unit
Finance
Section
Procurement
Unit
Logistics
Section
Supply Unit
Food Unit
Public
Information
Officer
Emergency Operations Center (EOC)
You are here
Not here
Page 21 of 44
Council Role in Emergency Management
(incident response)
Provide strategic policy guidance and resources
Understand role within Incident Command System (ICS)
Execute statutory authority to respond to incident
Policy coordination with other government agencies and stakeholders
Page 22 of 44
Veterans’ Day Parade (annually)
Santa Parade (annually)
Pandemic (2020-2021)
President Biden Visit (2022)
Auburn Riverfront Apartment Fire (2021)
Summer Heat Wave (2021)
COVID-19 (2020)
Civil Unrest (2020)
Snowmageddon (2018)
Heritage Fire (2017)
Recent EOC Activations
Monitoring Partial Full
Page 23 of 44
2025 CEMP Update Timeline
NOTE: Due to COVID-19 the deadline for updated local CEMP plans was extended to December 31, 2025
•Late fall/early winter 2024
•Begin plan review
•Identify working group for section updates
•Set timelines for updates to plan
•January – August 2025
•Coordinate plan updates with all departments
•Coordinate with local, state and federal stakeholders for review
•Edit, update and finalize plan
•Late fall/early winter 2025
•Submit plan to Washington State Office of Emergency Management for approval
•Fall/winter 2025
•Submit 2025 CEMP to City Council for approval
Page 24 of 44
Emergency Management
&
CEMP Briefing
auburnwa.gov/disaster
Page 25 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6942 (Gaub) (5 Minutes)
Date:
May 24, 2024
Department:
Public Works
Attachments:
Draft Ordinance No. 6942
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or
telecommunications carrier or operator to use public ways of the City and to provide service
to persons or areas inside or outside of the City.
Zayo Group, LLC has applied for a new franchise agreement to continue to operate their
existing fiber optic telecommunications facilities located in the public ways within the city limits
as their current Franchise agreement is set to expire in the near future. Zayo provides
telecommunications services that include telecommunications capacity and dark fiber,
transmission of voice, data, or other electronic information, non-switched, dedicated and
private line services, and high capacity fiber optic transmission services to firms, businesses,
and institutions. The proposed agreement is consistent with the City’s standard franchise
agreement language.
A Public Hearing to consider this application and take public comment is scheduled before
the City Council on June 17, 2024 in accordance with Auburn City Code 20.04.040.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Ingrid Gaub
Meeting Date:June 10, 2024 Item Number:
Page 26 of 44
------------------------------
Draft Ordinance No. 6942
Franchise Agreement No. FRN22-0003
May 1, 2024
Page 1 of 18
ORDINANCE NO. 6942
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ZAYO GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
WIRELINE TELECOMMUNICATIONS
WHEREAS, Zayo Group, LLC (“Franchisee”) has applied for a non-
exclusive Franchise for the right of entry, use, and occupation of certain public
ways within the City of Auburn (“City”), expressly to install, construct, erect,
operate, maintain, repair, relocate and remove its facilities in, on, over, under,
along and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the 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 to grant the franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this agreement and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020 (as it exists on the effective date of this
Franchise per Section 5), the definitions in this Franchise shall govern to the extent
of such conflict.
A. “ACC” means the Auburn City Code.
B. “Franchisee’s Facilities” means fiber optic and broadband
communications infrastructure constructed and operated within the public ways,
including but not limited to all cables, wires, conduits, ducts, poles, surface location
markers, anchors, manholes, handholes, vaults, pedestals, splice boxes,
appurtenances, and any associated converter equipment or other items necessary
for the provisioning of Telecommunications Services, as defined in RCW
35.99.010(7), which are located in the Franchise Area.
Page 27 of 44
------------------------------
Draft Ordinance No. 6942
Franchise Agreement No. FRN22-0003
May 1, 2024
Page 2 of 18
Franchisee’s Facilities does not include non-wireline infrastructure used to
propagate the radio-frequency, microwave, or other over-the-air cellular signals
that are necessary to provide personal wireless services, including antennas,
radios, meters, or other related equipment, as well as antenna support structures,
equipment cabinets or enclosures, attachments and related appurtenances
associated with wireless telecommunications facilities. Franchisee’s Facilities do
not include small wireless facilities, microcell, minor facility, or small cell facilities,
as defined in RCW 80.36.375. Franchisee’s Facilities do not include any facilities
that are not located within the Franchise Area or that are covered under a separate
Franchise Agreement or agreement.
C. “Franchisee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Franchisee using its
Facilities, including, but not limited to, the transmission of voice, data, or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable and associated infrastructure. Franchisee’s Services
may also include non-switched, dedicated and private line, high capacity fiber optic
transmission services to firms, businesses, or institutions, and residential
telecommunications service within the City, and other lawful services not prohibited
by this Ordinance. However, Franchisee’s Services will not include the provision
of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a
separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Agreement and to
all applicable laws, regulations, and permit conditions, the City grants to the
Franchisee general permission to enter, use, and occupy the public way within the
Franchise Area, located within the incorporated area of the City.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the Franchise Area.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Page 28 of 44
------------------------------
Draft Ordinance No. 6942
Franchise Agreement No. FRN22-0003
May 1, 2024
Page 3 of 18
Area, for any purpose that does not interfere with Franchisee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. Subject to and in
accordance with all applicable laws, this Franchise will be subject to the power of
eminent domain, and in any proceeding under eminent domain, the Franchisee
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 public 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
Franchisee Facilities, the City shall reserve an easement for public utilities within
that vacated portion, pursuant to RCW 35.79.030, within which the Franchisee may
continue to operate any existing Franchisee Facilities under the terms of this
Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. The Franchisee agrees to provide the City with complete contact
information for any client, lessee, sub-lessee, customer, or other entity who will
use the Franchisee Facilities to provide services to their clients and customers
either inside or outside the City limits and who either (1) has its facilities within the
Franchisee Facilities, or (2) has authority to physically operate, control, or access
Franchisee Facilities. Such contact information shall be provided to the City a
minimum of sixty (60) days prior to the start of such anticipated use so that the City
may determine if Franchisee’s client, lessee, sub-lessee, customer, or other entity
is required to obtain a franchise agreement with the City prior to such use. If the
client, lessee, sub-lessee, customer, or other entity is required to obtain a franchise
agreement with the City, then the Franchisee shall not allow use, control, access,
or otherwise provide services to such entity until the required franchise agreement
has been obtained.
1. If the Franchisee’s client, lessee, sub-lessee, or other entity is
only using Franchisee’s bandwidth or capacity (whether lit or dark) and does
not physically occupy space within the Franchisee Facilities, or have
authority to physically operate, control, or access Franchisee Facilities, then
Section 2.H. will not apply.
Page 29 of 44
------------------------------
Draft Ordinance No. 6942
Franchise Agreement No. FRN22-0003
May 1, 2024
Page 4 of 18
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the receiving party. Any
communication made by e-mail or similar method will not constitute notice
pursuant to this Agreement, except in case of emergency notification to the
Franchisee. Emergency notification to the City shall be pursuant to Section 8.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
rowusepermit@auburnwa.gov
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Zayo Group, LLC
Attn: Legal -- Underlying Rights
1401 Wynkoop Street, Suite 500
Denver, CO 80202
legal@zayo.com
Telephone: (866) 364-6033
with a copy to: Zayo Group, LLC
Attn: Legal -- Underlying Rights
1821 30th Street, Unit A
Boulder, CO 80301
legal@zayo.com
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Agreement.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
Page 30 of 44
------------------------------
Draft Ordinance No. 6942
Franchise Agreement No. FRN22-0003
May 1, 2024
Page 5 of 18
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee:
Network Operations Center & Repair
Zayo Group, LLC
(888) 404 9296
zayoncc@zayo.com
Section 4. Term of Agreement
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Agreement.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 28 of this Agreement, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
Page 31 of 44
------------------------------
Draft Ordinance No. 6942
Franchise Agreement No. FRN22-0003
May 1, 2024
Page 6 of 18
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is under taking
its activity.
C. Subject to and in accordance with all applicable laws, t he City
expressly reserves the right to prescribe how and where Franchisee’s Facilities will
be installed within the public way and may require the removal, relocation and/or
replacement thereof in the public interest and safety at the expense of the
Franchisee as provided for in Chapter 35.99 RCW, as well as Section 11 of this
Agreement.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within 24 hours of completion of the trimming, the City may,
at its sole discretion, remove such debris and charge the Franchisee for the cost
thereof. This section does not, in any instance, grant automatic authority to clear
vegetation for purposes of providing a clear path for radio signals. Any such
general vegetation clearing will require other permits as necessary fro m the City.
Section 7. Repair and Restorations
A. If the City Engineer determines that Franchisee Facilities or
Franchisee’s construction, maintenance, repair, relocation, or replacement of
Franchisee Facilities within the Franchise Area is the cause of damage,
degradation, failure, or substandard condition of a Street during the term of this
Franchise the City will notify Franchisee in writing and Franchisee will repair or
replace the subject Street in accordance with City Engineering Design and
Construction Standards and subject to applicable permits, within ninety (90)
calendar days of the City’s notification unless granted additional time by the City
Engineer. If the City determines the subject Street condit ion poses an immediate
threat to health, safety, vital traffic operations, property, or critical areas, Section 8
shall apply.
B. For purposes of the Section, “Street” shall mean all City owned
improvements within a public way, including, but is not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices, landscape areas, and vegetation in unopened rights -of-way.
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Section 8. Emergency Repair Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances . The Franchisee
will 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 (unless advance notice is not
practical), and in writing as soon thereafter as possible. Such notification shall
include the Franchisee’s emergency contact phone number for corresponding
response activity. The City may commence emergency response work, at any
time, without prior written notice to the Franchisee, but will notify the Franchisee in
writing as promptly as possible under the circumstances. Franchisee will
reimburse the City for the City’s actual cost of performing emergency response
work, but only to the extent that the need to perform such work was caused by
Franchisee or Franchisee Facilities, as determined by the City Engineer.
Section 9. Damages to City and Third-Party Property
Subject to and in accordance with all applicable laws, Franchisee agrees
that if any of its actions, or the actions of any person, agent, or contractor acting
on behalf of the Franchisee, under this Franchise impairs or damages any City
property, survey monument, or property owned by a third-party, Franchisee will
restore, at its own cost and expense, the property to a safe condition. Upon
returning the property to a safe condition, the property shall then be returned to the
condition it was in immediately prior to being damaged (if the safe condition of the
property is not the same as that which existed prior to damage). All repair work
shall be performed and completed to the satisfaction of the City Engineer.
Section 10. Location Preference
A. Any structure, equipment, appurtenance, or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances , or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
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Franchisee’s Facilities. Such relocations will be governed by Section 11 and
Chapter 35.99 RCW.
B. When constructing new Franchisee Facilities, or replacing or
reconstructing Franchisee Facilities, Franchisee shall maintain minimum
underground separation requirements from all City water, sanitary sewer, and
storm water facilities in accordance with the City Engineering Design and
Construction Standards; provided, that for development of new areas, the City, in
consultation with Franchisee and other utility purveyors or authorized users of the
Franchise Area, will develop and follow the City’s determination of guidelines and
procedures for determining specific utility locations, subject additionally to this
Franchise Agreement.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise required by law, Franchisee agrees to adjust,
protect-in-place, relocate, remove, or reroute its facilities as ordered by the City
Engineer at no expense or liability to the City, except as may be required by
Chapter 35.99 RCW. Pursuant to the provisions of Section 15, Franchisee 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 Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
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A. The parties agree that this Franchise does not limit the City’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 Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair and proportionate share of common costs borne by all
utilities, in addition to the costs specifically attributable to the undergrounding of
Franchisee’s Facilities. Common costs may include necessary costs for common
trenching, directional drilling, and utility vaults. Fair share will be determined
proportionately in comparison to the total number and size of all other utility
facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s 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, including
the City’s Geographic Information System (GIS) data base. Franchisee will keep
the City informed of its long-range plans for coordination with the City’s long-range
plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 15. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business related to this Franchise, or from any activity,
work or thing done, or permitted by Franchisee arising from or in connection with
this Franchise Agreement, except to the extent that such injury, loss, or damage
has been occasioned by the sole negligence or willful misconduct of the City, its
officers, officials, employees and volunteers.
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However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, 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 Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee’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 Agreement.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of,
the City within the Franchise Area or any other City road, public way, or other
property, except to the extent any such damage or loss is directly caused by the
negligence or willful misconduct of the City, or its agent performing, directing, or
overseeing such work.
C. The Franchisee 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 Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. Pursuant to the terms of Section 15(A), the Franchisee will hold
the City harmless from any liability arising out of or in connection with any damage
or loss to the Franchisee for the City’s failure or inability to provide such services,
and the Franchisee will indemnify the City against any and all third-party costs,
claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or
inability to provide such services.
Section 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Agreement and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the use of the public way and the performance of the work
hereunder by Franchisee, its agents, representatives, employees , or contractors.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Agreement shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
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C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as
broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract.
There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an additional
insured under the Franchisee’s Commercial General Liability insurance
policy with respect this Franchise Agreement using ISO endorsement CG
20 12 05 09 if the franchise agreement is considered a master permit as
defined by RCW 35.99.010, or CG 20 26 07 04 if it is not, or substitute
endorsement providing at least as broad coverage.
2. Automobile Liability insurance covering all owned, non -
owned, hired and leased vehicles. Coverage shall be at least as broad as
ISO form CA 00 01.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise Agreement covering losses caused by
pollution conditions that arise from the operations of the Franchisee.
Contractors Pollution Liability shall cover bodily injury, property damage,
cleanup costs, and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee’s Commercial General
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee’s Excess or Umbrella Liability
insurance policy.
D. Minimum Amounts of Insurance. The Franchisee shall maintain
insurance that meets or exceeds the following limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
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2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer’s liability
insurance with limits of not less than $1,000,000.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
6. Franchisee may satisfy the basic coverage limits required by
this Agreement through any combination of primary, excess, or umbrella
insurance policies. Any excess or umbrella policy must provide excess
coverage over underlying insurance on a following form basis such that
when any loss covered by the primary policy exceeds the limits under the
primary policy, the excess or umbrella policy becomes effective to cover
such loss.
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
G. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, including
limits no less than what is required of Franchisee under this Agreement . The
Franchisee shall ensure that the City is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 26.
H. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
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insurance requirements of this Agreement. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors’
coverage.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within ten business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of
Agreement, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Agreement.
K. City Full Availability of Franchisee Limits. If the Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise Agreement, Franchisee or its affiliated
parent entity shall comply with the following: (i) Franchisee shall submit a letter to
the City stating which of the above required insurance provisions in this Section 15
Franchisee proposes to self-insure; (ii) provide the City, upon request, a copy of
Franchisee’s or its parent company’s most recent audited financial statements, if
such financial statements are not otherwise publicly available; (ii i) Franchisee or
its parent company is responsible for all payments within the self-insured retention;
and (iv) Franchisee assumes all defense and indemnity obligations as outlined in
Section 15
Section 17. Financial Security
The Franchisee will provide the City with a financial security 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. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
to comply, including but not limited to staff time, material and equipment costs,
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compensation or indemnification of third parties, and the cost of removal or
abandonment of Franchisee’s Facilities. Franchisee specifically agrees that its
failure to comply with the terms of Section 20 will constitute damage to the City in
the monetary amount set forth in that section. Any financial security will not be
construed to limit the Franchisee’s liability to the security amount, or otherwise limit
the City’s recourse to any remedy to which the City is otherwise entitled at law or
in equity.
Section 18. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors and assigns of the
Franchisee, and all rights and privileges, as well as all obligations and liabilities of
the Franchisee will inure to its successors and assignees equally as if they were
specifically mentioned herein wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned, or otherwise alienated
without the express prior consent of the City by ordinance.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
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 Franchisee’s, Assignee’s,
or Transferee’s state of compliance and the City’s failure to insist on full Franchise
compliance before assignment or transfer does not waive the City’s right to insist
on full compliance after assignment or transfer.
E. Work performed by independent contractors is subject to the same
provisions, conditions, regulations, and requirements contained in this Franchise
(including the requirements in Section 15 of this Franchise) as if the work were
performed by Franchisee. Franchisee shall ensure that all such work is performed
in compliance with this Franchise and all other applicable laws. It is Franchisee’s
responsibility to ensure that its contractors performing work on Franchisee’s behalf
are familiar with the requirements of this Franchise and other applicable laws
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governing the work performed by them.
Section 19. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Agreement, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Agreement. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will 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 will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 20. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this agreement,
the City may, at its discretion, provide Franchisee 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 Franchisee’s submittal of a plan to cure 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 Franchisee does not comply with the
specified conditions, the City may, at its discretion, either (1) revoke the Franchise
with no further notification, or (2) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 17 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
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Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will 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 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 enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee 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. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee 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
Franchisee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 24. Severability
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If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 26. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Agreement
This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous Agreements between the parties pertaining to Franchisee's operation of
its Facilities are hereby superseded.
Section 28. Effective Date.
This Ordinance will take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM
___________________________ ________________________________
Shawn Campbell, MMC, City Clerk Doug Ruth, Acting City Attorney
PUBLISHED: ________________
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EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Zayo Group, LLC, 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.
Franchisee Name_______________________
Address____________________________
City, State, Zip_______________________
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20__, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, 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 they are authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
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