Ordinance 12-017 Telecommunications Franchise Coeur d'Alene Tribe CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-017
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO THE COEUR D'ALENE
TRIBE OF INDIANS TO CONSTRUCT, MAINTAIN AND OPERATE
TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE
CITY OF SPOKANE VALLEY,AND OTHER MATTERS RELATING THERETO.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive
franchises for the use of public streets, bridges or other public ways, structures or places above or below
the surface of the ground for railroads and other routes and facilities for public conveyances, for poles,
conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and
distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned and operated facilities for public service; "
and
WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting ally
franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the
day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without
first being submitted to the city attorney, nor without having been granted by the approving vote of at
least a majority of the entire legislative body, nor without being published at least once in a newspaper of
general circulation in the city before becoming effective;"and
WHEREAS,this Ordinance has been submitted to the city attorney prior to its passage; and
WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance,
subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and
welfare of the citizens of this City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and terms
shall have the meaning set forth below:
1. "City Manager"means the City Manager or designee.
2. "construction" or "construct" shall mean constructing, digging,
excavating, laying, testing, operating, extending, upgrading, renewing, removing,
replacing, and repairing a facility.
3. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or
act is to be done in less than seven days, intermediate Saturdays, Sundays and
legal holidays shall be excluded in the computation of time.
4. "franchise area" shall mean the entire geographic area within the City as
it is now constituted or may in the future be constituted.
5. "hazardous substances" shall have the same meaning as RCW
70.105D.020(10).
Ordinance 12-017 Coeur-d'Alene Tribe Franchise Page 1 of 13
6. "maintenance, maintaining or maintain" shall mean the work involved in
the replacement and/or repair of facilities, including constructing, relaying,
repairing, replacing, examining, testing, inspecting, removing, digging and
excavating, and restoring operations incidental thereto.
7. "permittee" shall mean a person or entity who has been granted a permit
by the Permitting Authority.
8. "permitting authority" shall mean the City Manager or designee
authorized to process and grant permits required to perform work in the rights-of-
way.
9. "product" shall refer to the item,thing or use provided by the Grantee.
10. "public property" shall mean any real estate or any facility owned by the
City.
11. "Public Works Director" shall mean the Spokane Valley Public Works
Director or his/her designee.
12. "right-of-way" shall refer to the surface of and the space along, above,
and below any street, road, highway, freeway, lane, sidewalk, alley, court,
boulevard,parkway, drive, Grantee easement,and/or public way now or hereafter
held or administered by the City.
13. "streets" or "highways" shall mean the surface of, and the space above
and below, any public street, road, alley or highway, within the City used or
intended to be used by the general public, to the extent the City has the right to
allow the Grantee to use them.
14. "telecommunications facilities" shall mean any of the plant, equipment,
fixtures, appurtenances, antennas, and other facilities necessary to furnish and
deliver telecommunications services, including but not limited to poles with
crossarms, poles without crossarms, wires, lines, conduits, cables,
communication and signal lines and equipment, braces, guys, anchors, vaults,
and all attachments, appurtenances, and appliances necessary or incidental to the
distribution and use of telecommunications services. The abandonment by
Grantee of any telecommunications facilities as defined herein shall not act to
remove the same from this definition.
Section 2. Grant of Franchise, The City of Spokane Valley, a Washington municipal
corporation (hereinafter the "City"), hereby grants unto the Coeur d'Alene Tribe of Indians (hereinafter
"Grantee"), a Franchise for a period of 10 years, beginning on the effective date of this Ordinance, to
install, construct, operate, maintain, replace and use all necessary equipment and facilities to place
telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way
and public places located in the City of Spokane Valley, as approved under City permits issued pursuant
to this franchise(hereinafter the"franchise"). This franchise does not permit Grantee to use such facilities
to provide cable services as defined by 47 C.F.R. § 76.5(ff).
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 2 of 13
Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such
right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any
subsequent franchise, if any, between the parties.
Section 4. City Use. The following provisions shall apply regarding City use.
1. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair)
along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole
and exclusive municipal use or designation (the"City Reserved Fibers"). City agrees that it shall not use
the City Reserved Fibers as a public utility provider of telecommunications business service to the public.
2. The City shall have the right to access by connection to the City Reserved Fibers at
existing Grantee splice points or reasonably established access points within the City limits. The City
shall provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any access
or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of$20.00 per fiber
pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the
parties in writing and shall enter into Grantee's standard "Fiber License Agreement" which shall govern
the terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not be
imposed until such time as the fiber is put into use by the City.
In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then
the following shall apply:
A. If the City is using the fibers,then the rate the City shall pay Grantee will change from
the City Fiber Rate to Grantee's standard commercial rate.
B. If the City is not using the fibers, the City shall have the option of abandoning the City
Reserved Fibers in lieu of paying Grantee's standard commercial rate.
3. The City shall pay all costs associated with constructing any connection to the City
Reserved Fibers, The City Reserved Fibers shall have a term that matches the duration of this Franchise
Ordinance ("Reserved Fiber Term").
4. Consistent with RCW 35.99.070, at such time when Grantee is constructing, relocating,
or placing ducts or conduits in public rights-of-way, the Public Works Director may require Grantee to
provide the City with additional duct or conduit and related structures, at incremental cost, necessary to
access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under
this section shall only be used for City municipal purposes.
A. The City shall not require that the additional duct or conduit space be connected to the
access structures and vaults of the Grantee.
B. This section shall not affect the provision of an institutional network by a cable
television provider under federal law.
C. Grantee shall notify the Public Works Director at least 14 days prior to opening a
trench at any location to allow the City to exercise its options as provided herein.
Section 5., Recovery of Costs. Grantee shall reimburse the City for all costs of one publication
of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this
franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and
inspection fees associated with activities undertaken through the authority granted in this franchise or
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 3 of 13
under City Code. Grantee shall be subject to all permit and inspection fees associated with activities
undertaken through the authority granted in this franchise or under City Code.
Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it
shall not in any manner prevent the City from granting other or further franchises or permits in any rights-
of-way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its
rights-of-way or affect its jurisdiction over them or any part of them.
Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior
right to the use of its rights-of-way and public properties for installation and maintenance of its facilities
and other governmental purposes. The City hereby retains full power to make all changes, relocations,
repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may
deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-
way, streets, avenues, thoroughfares and other public properties of every type and description. Any and
all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060
provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by
the date established by the Public Works Director's written notice to Grantee and in accordance with
RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the
expense thereof shall be paid by Grantee.
The owners of all utilities, public or private, installed in or on such public properties prior to the
installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning
and location of such utilities so installed with respect to the Grantee. Such preference shall continue in
the event of the necessity of relocating or changing the grade of any such public properties.
Grantee's telecommunications facilities shall be constructed and maintained in such manner as
not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may
have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise
damages or interferes in any way with the public use or other facilities,the Grantee shall wholly and at its
own expense make such provisions necessary to eliminate the interference or damage to the satisfaction
of the Public Works Director.
Section S. Construction Standards. All work authorized and required hereunder shall comply
with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable
federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and
quality of the work done,whether it is by itself or by contractors, assigns or agencies. Application of said
federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public
trustee role in administering the primary use and purpose of public properties, and not for relieving the
Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance,
and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition,
and quality of the work done, whether it is by itself or by contractors, assigns or agencies.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this
franchise,the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share
such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the
Grantee; and(2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety
thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis.
Section 9. Protection of Monuments. Grantee shall comply with applicable state laws
relating to protection of monuments.
Ordinance 12-017 Coeur d'Alene Tribe F ranchise Page 4 of 13
Section 10. Tree Trimming. The Grantee shall have the authority to conduct pruning and
trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance
with the City Code. All such trimming shall be done at the Grantee's sole cost and expense.
Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this
franchise, designate one or more responsible people and an emergency 24-hour on-call personnel and the
procedures to be followed when responding to an emergency. After being notified of an emergency,
Grantee shall cooperate with the City to immediately respond with action to aid in the protection the
health and safety of the public.
In the event the Grantee refuses to promptly take the directed action or fails to fully comply with
such direction, or if emergency conditions exist which require immediate action to prevent imminent
injury or damages to persons or property, the City may take such actions as it believes are necessary to
protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any
expenses.
Section 12. One-Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming
familiar with, and understanding, the provisions of Washington's One-Call statutes. Grantee shall
comply with the terms and conditions set forth in the One-Call statutes.
Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall
be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes
and other applicable regulations in the installation, operation, and maintenance of the telecommunications
facilities.
Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any
third party shall have obtained permission from the City to use any right—of-way for the purpose of
moving any building or other oversized structure, Grantee, upon 14 days' written notice from the City,
shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's
telecommunications facilities that may obstruct the movement thereof; provided,that the path for moving
such building or structure is the path of least interference to Grantee's telecommunications facilities, as
determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days'
notice to Grantee to move its telecommunications facilities.
Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of
any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City
of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, the
Grantee shall submit to the City a written statement describing all telecommunications facilities involved,
whether authorized by franchise or any other form of prior right, and specifying the location of all such
facilities. Such facilities shall immediately be subject to the terms of this franchise.
Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation,
installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized
by this franchise has caused or contributed to a condition that substantially impairs the lateral support of
the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or
private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all
necessary actions to protect the public and property. The City may require that such action be completed
within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails
to fully comply with such directions, or if emergency conditions exist which require immediate action, the
City may enter upon the property and take such actions as are necessary to protect the public, adjacent
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 5 of 13
public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions
deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable
to the City for all costs and expenses thereof to the extent caused by Grantee.
Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state
and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's
telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any
claims, costs, and expenses, of any kind,whether direct or indirect, incurred by the City arising out of the
release or threat of release of hazardous substances caused by Grantee's ownership or operation of its
telecommunications facilities within the City's right-of-way.
Section 18. Environmental, Grantee shall comply with all environmental protection laws,
rules, recommendations, and regulations of the United States and the State of Washington, and their
various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or
amended, and shall indemnify and hold the City harmless from any and all damages arising, or which
may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules,
recommendations, or regulations, whether or not Grantee's acts or activities were intentional or
unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including
legal expenses) which the City may incur as a result of the requirement of any government or
governmental subdivision or agency to clean and/or remove any pollution caused or permitted by
Grantee,whether said requirement is during the term of the franchise or subsequent to its termination.
Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at
its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street
any of its telecommunications facilities when so required by the City in accordance with the provisions of
RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in
the authorized portion of the same street upon approval by the City, any section of its telecommunications
facilities required to be temporarily disconnected or removed.
If the City determines that the project necessitates the relocation of Grantee's then- existing
telecommunications facilities, the City shall:
a) At least 60 days prior to the commencement of such improvement project,
provide Grantee with written notice requiring such relocation; and
b) Provide Grantee with copies of pertinent portions of the plans and specifications
for such improvement project and a proposed location for Grantee's telecommunications
facilities so that Grantee may relocate its telecommunications facilities in other City
rights-of-way in order to accommodate such improvement project.
c) After receipt of such notice and such plans and specification, Grantee shall
complete relocation of its telecommunications facilities at no charge or expense to the
City so as to accommodate the improvement project in accordance with RCW 35.99.060
(2).
Grantee may, after receipt of written notice requesting a relocation of its telecommunications
facilities, submit to the City written alternatives to such relocation. The City shall evaluate such
alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate
the work which would otherwise necessitate relocation of the telecommunications facilities. If so
requested by the City, Grantee shall submit additional information to assist the City in making such
evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the
event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 6 of 13
telecommunications facilities as otherwise provided in this section.
The provisions of this section shall in no manner preclude or restrict Grantee from making any
arrangements it may deem appropriate when responding to a request for relocation of its
telecommunications facilities by any person or entity other than the City, where the telecommunications
facilities to be constructed by said person or entity are not or will not become City owned, operated or
maintained facilities, provided that such arrangements do not unduly delay a City construction project.
If the City or a contractor for the City is delayed at any time in the progress of the work by an act
or neglect of the Grantee or those acting for or on behalf of Grantee,then Grantee shall indemnify, defend
and hold the City, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection
with such delays, except for delays and damages caused by the City. This provision may not be waived
by the parties except in writing.
Section 20. Abandonment of Grantee's Telecommunications Facilities. No
telecommunications facilities constructed or owned by Grantee may be abandoned without the express
written consent of the City.
Section 21. Maps and Records Required. Grantee shall provide the City,at no cost to the City:
1. A route map that depicts the general location of the Grantee's telecommunications facilities
placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or
underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and
service lines to individual subscribers. The Grantee shall also provide an electronic format of the
aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow
the City to add this information to the City's Geographic Information System ("GIS") program. The
information in this subsection shall be delivered to the City by December 1,annually.
2. In addition to subsection 1 of this section, the City may request that Grantee to provide the
information described in subsection 1 of this section. To the extent such requests are limited to specific
telecommunications facilities at a given location within the franchise area in connection with the
construction of any City project, Grantee shall provide to the City, upon the City's reasonable request,
copies of available drawings in use by Grantee showing the location of such telecommunications
facilities. Grantee shall field locate its telecornrmmications facilities in order to facilitate design and
planning of City improvement projects.
3. Upon written request of the City, Grantee shall provide the City with the most recent update
available of any plan of potential improvements to its telecommunications facilities within the franchise
area; provided, however, any such plan so submitted shall be deemed confidential and for informational
purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise
area.The information in this subsection shall be delivered to the City by December 1, annually.
4. In addition to the requirements of subsection 1 of this section, the parties agree to periodically
share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for
governmental purposes. Any files provided to Grantee shall be restricted to information required for
Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the
subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to
any third parties.
5. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be
subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56.
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 7 of 13
Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any
documentation/information which it submits to the City and which it believes is exempt from public
inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure
request to inspect or copy documentation/information which the Grantee has provided to the City and
marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well
as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its
written basis for non-disclosure of the requested documentation/information. In the event the City
disagrees with the Grantee's basis for non-disclosure, the City agrees to withhold release of the requested
documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to
file a legal action under RCW 42.56.540.
Section 22. Limitation on Future Work. In the event that the City constructs a new street or
reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set
forth in the City's then-adopted regulations relating to street cuts and excavations.
Section 23. Reservation of Rights by City. The City reserves the right to refuse any request
for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written
statement from the Public Works Director that extending the telecommunications facilities, as proposed,
would interfere with the public health, safety or welfare.
Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided
herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors
and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein.
Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the
performance of the conditions of this franchise, including any reasonable ordinances made in the exercise
of its police powers in the interest of public safety and for the welfare of the public. The City shall have
the authority at all times to control by appropriate regulations the location, elevation, and manner of
construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall
promptly conform with all such regulations, unless compliance would cause Grantee to violate other
requirements of law.
In the event of a conflict between the Municipal Code and this franchise,City Code shaII control.
Section 26. Vacation. The City may vacate any City road, right-of-way or other City
property which is subject to rights granted by this franchise in accordance with state and local law. Any
relocation of telecommunications facilities resulting from a street vacation shall require a minimum of
180 days notice as provided for in section 37.
Section 27. Indemnification.
1. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the
City, its officers,employees, agents and representatives from any and all claims, costs,judgments, awards
or liability to any person arising from injury, sickness or death of any person or damage to property of any
nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages
caused solely by the negligence of the City. This includes but is not limited to injury:
a) For which the negligent acts or omissions of grantee, its agents, servants, officers
or employees in performing the activities authorized by a franchise are the proximate
cause;
Ordinance I2-017 Coeur d'Alene Tribe Franchise Page 8 of 13
b) By virtue of grantee's exercise of the rights granted herein;
c) By virtue of the City permitting grantee's use of the City's rights-of-ways or
other public property;
d) Based upon the City's inspection or lack of inspection of work performed by
grantee, its agents and servants, officers or employees in connection with work
authorized on the facility or property over which the City has control, pursuant to a
franchise or pursuant to any other permit or approval issued in connection with a
franchise;
e) Arising as a result of the negligent acts or omissions of grantee, its agents,
servants, officers or employees in barricading, instituting trench safety systems or
providing other adequate warnings of any excavation, construction or work upon the
facility, in any right-of-way, or other public place in performance of work or services
permitted under a franchise; or
f) Based upon radio frequency emissions or radiation emitted from grantee's
equipment located upon the facility, regardless of whether grantee's equipment complies
with applicable federal statutes and/or FCC regulations related thereto,
2. Grantee's indemnification obligations pursuant to subsection 1 of this section shall include
assuming liability for actions brought by grantee's own employees and the employees of grantee's agents,
representatives, contractors and subcontractors even though grantee might be immune under RCW Title
51 from direct suit brought by such an employee. It is expressly agreed and understood that this
assumption of potential liability for actions brought by the aforementioned employees is limited solely to
claims against the City arising by virtue of grantee's exercise of the rights set forth in a franchise. The
obligations of grantee under this subsection have been mutually negotiated by the parties, and grantee
acknowledges that the City would not enter into a franchise without grantee's waiver. To the extent
required to provide this indemnification and this indemnification only, grantee waives its immunity under
RCW Title 51.
3. Inspection or acceptance by the City of any work performed by grantee at the time of completion
of construction shall not be grounds for avoidance of any of these covenants of indemnification.
Provided, that grantee has been given prompt written notice by the City of any such claim, said
indemnification obligations shall extend to claims which are not reduced to a suit and any claims which
may be compromised prior to the culmination of any litigation or the institution of any litigation. The
City has the right to defend or participate in the defense of any such claim, and has the right to approve
any settlement or other compromise of any such claim.
4. In the event that grantee refuses the tender of defense in any suit or any claim, said tender having
been made pursuant to this section, and said refusal is subsequently determined by a court having
jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a
wrongful refusal on the part of grantee, then grantee shall pay all of the City's costs for defense of the
action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable costs of the
City, and reasonable attorneys' fees of recovering under this subsection.
5. Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused
by the concurrent negligence of(a) City or City's agents, employees, or contractors, and (b) Grantee or
Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or
Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 9 of 13
determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the
indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be
allocated as provided herein.
6. Notwithstanding any other provisions of this section, grantee assumes the risk of damage to its
telecommunication facilities located in the rights-of-way and upon City-owned property from activities
conducted by the City, its officers, agents, employees and contractors, except to the extent any such
damage or destruction is caused by or arises from any willful or malicious action or gross negligence on
the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and
all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to
indemnify, hold harmless and defend the City against any claims for damages, including, but not limited
to, business interruption damages and lost profits, brought by or under users of grantee's facilities as the
result of any interruption of service due to damage or destruction of grantee's facilities caused by or
arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the
extent any such damage or destruction is caused by or arises from the sole negligence or any willful or
malicious actions on the part of the City, its officers, agents, employees or contractors.
7. The provisions of this section shall survive the expiration, revocation or termination of this
franchise.
Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise,
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its
agents, representatives or employees.
Applicant's maintenance of insurance as required by this franchise shall not be construed to limit
the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single
Limit per accident for bodily injury and property damage. This insurance shall cover all
owned, non-owned, hired or leased vehicles used in relation to this franchise. 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; and
2. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 Q1, or a substitute form providing equivalent liability
coverage acceptable to the City, and shall cover products liability. The City shall be a
named as an insured under the Applicant's Commercial General Liability insurance
policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or
a substitute endorsement acceptable to the City providing equivalent coverage. Coverage
shall be written on an occurrence basis with Iimits no less than $1,000,000 Combined
Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily
injury and property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations; broad form property; explosion, collapse and
underground(XCU); and Employer's Liability.
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary insurance with respect to the City as
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 10 of 13
outlined in the Indemnification section of this franchise. Any insurance, self-insurance,
or insurance pool coverage maintained by the City 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,
except after thirty(30)days prior written notice has been given to the City.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Grantee shall furnish the City with original certificates and a copy of any amendatory
endorsements, including the additional insured endorsement, evidencing the insurance requirements of the
Grantee prior to the adoption of this Ordinance.
Any failure to comply with the reporting provisions of the policies required herein shall not affect
coverage provided to the City,its officers, officials, employees or volunteers.
Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of
the work, installation, improvements, construction, repair, relocation or maintenance authorized by this
franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this
franchise, shall,upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors
and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as
may be set and approved by the City, not to exceed twenty-five thousand dollars, as sufficient to ensure
performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee
shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of
this franchise, and to repair or replace any defective work or materials discovered in the City's road,
streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee
proposes to construct a project for which the above-mentioned bond would not ensure performance of
Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be
appropriate under the circumstances.
Section 30. Modification.. The City and Grantee hereby reserve the right to alter, amend or
modify the terms and conditions of this franchise upon written agreement of both parties to such
alteration, amendment or modification.
Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with
any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or
comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate
opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee
shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked
or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu
of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order
from the Spokane County Superior Court compelling Grantee to comply with the provisions of this
franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply.
Section 32. Assignment. This franchise may not be assigned or transferred without the
written approval of the City, except that Grantee can assign this franchise without approval of, but upon
notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or
substantially all the assets or equity of Grantee, by merger, sale,consolidation or otherwise.
Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee
must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof.
Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 11 of 13
thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day
period, absolutely cease,unless the time period is extended by ordinance duly passed for that purpose.
Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7,
13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other
obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by
contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the
provisions, conditions, regulations and requirements contained in this franchise shall further be binding
upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and
City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective
heirs, successors and assigns equally as if they were specifically mentioned herein.
Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by
a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and
may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the
franchise.
Section 36. Renewal. Application for extension or renewal of the term of this franchise shall
be made no later than 180 days of the expiration thereof. In the event the time period granted by this
franchise expires without being renewed by the City, the terms and conditions hereof shall continue in
effect until this franchise is either renewed or terminated by the City.
Section 37. Notice. Any notice or information required or permitted to be given by or to the
parties under this franchise may be sent to the following addresses unless otherwise specified, in writing:
The City: City of Spokane Valley
Attn: City Clerk
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
Grantee: Coeur d'Alene Tribe of Indians
Attn: IT Director
850 A Street
Plummer,ID 83851
Phone: (208) 659-4578
Facsimile: (208) 686-5059
Section 38. Choice of Law. Any litigation between the City and Grantee arising under or
regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in
the federal courts, in the United States District Court for the Eastern District of Washington.
Section 39. Non-Waiver. The City shall be vested with the power and authority to
reasonably regulate the exercise of the privileges permitted by this franchise in the public interest.
Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by
reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its
rights under this franchise by reason of such failure or neglect.
Section 40. Entire Agreement. This franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or understandings,
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 12 of 13
written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This
franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads
as herein described.
Section 41. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of
Spokane Valley as provided by law.
PASSED by the City Council this 10th day of July, 2012.
AT / �,
, ayor,Thomas E.Towey
hristine Bainbrid:e, "city Clerk '
Approved as to\Form:
e,. /Z
Office`the City or orney
Date of Publication: 9 -pZ d ,°7(14
Effective Date: 2 -,21.5--A-D/ Z
Accepted by Coeur d'Alene Tribe of Indians:
By:
The Grantee, Coeur d'Alene Tribe of Indians, for itself, and for its successors and assigns, does
accept all of the terms and conditions of the foregoing franchise.
IN WITNESS WHEREOF, C t-,1,--P E U.---, has signed this I day of_
-Suety , 2012. Subscribed and sworn before me this I day of _ , 17- , 2012.
C (..J
Notary Public in and for the State of :17.4..,1---..,
residing in ? -- --.---
My commission expires % / 2Q /
`411111111///
s��� 1*S W.°O OIi°
".:14'. AU
,,/ 1pI1Dr1r►`�'i`
Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 13 of 13
.
k .-■ , 4
4 ' „ - . - wr , „IR „ ,^•.- ..■ # • I elf ain-1 ! ..ts. -, 4,-)7.:. $4.. f.ti „i 1 Ws,- , .
•
EAtivAve_ -:- -r . _ _,,,_ . E-.11h•Ave. E.-4th•Ave - - E•4th7Ave ' . ......- — • 411.rat " -,-* kr ' i
... 4 ' . ••• S. • ‘ I -' - 7 1 i '—ir
,
• ill t, 41 "4- - ''') . • :II ,r, ' • . ' . (Via' . i' - - . .'lisi"• f Ili ikl,gt-1 ." - i-q) 1 ' ; : - at - ' .-1 '
'4: ' .
. i ...-4,1.. , i • ,,.., #: r ,. _ v.. .. .
--- .. 4r-lis. • _, 0 c - ,... igt.::::_ .,,,
, • IT A • -,,i,a- ". ., ..: k • ir- . _. • . -- , • m ,
--, • CD .
• ,...„.• , . •
e.‘.. ..-417 , - . .,r.; 4 fr. .14 ... . -4401.101 wiii Z: t" :1, -. t•-: .*:- _ - -Iii..:C ! • .% . -IIS i 1r , ...m . - .
r •
--.7, _
„r 7 .a ',..'it-:F_.
,
. , iLL., ..).., ,, , f-. z,-
. . s.
. - 26.1.74. .. it• , •Iii, --.... •• •••••.- ---I-c.-.
..,R- - • . . ? aLl.'
.ripli - - • a ■ E:Micaview-Or •-•
-44 -73 t r it
,
.-. - gill --- a-iis•-
I *go 1141;11114 w •tirsii,fcripw ••• jt _ 10
....
. . .•..._
., ititil. 1. 1 - - '4' I .. •• a" " . VW 14.-••1, '4... ... i_44t • :44; Ass . i.e./lit- I i
J, - . ' • .—
-
• •
.Tar
,.., ) e IR I
' IN
i.,-•.: i P)-. .: it - - (9 • - ... r ... ' r 711Ave _
,11
•;11 1 • ' 1 i Tat:. • 1 .. , s _.,si,
••• •i --9 i 'Iligr - . gp, A•,..:'::. . s -4114-11 m.. •,•,• ,,. • t- -AIri.-
cv, • -
11': t'tt::-.9•
' - - . ---
A •P:, iit _
, i • II'
-t
„.,
r • :
. 9 . - ,-
• cax..._ .,
. •
,
- sfsir 1.it.? "l•ft .._. _ _P, I ,.. • -,....n.;=-- _ 4..
, .• 1 4rrillira'".?a-ii"-- I.. ,i■ • % .UT i crj. Ettti Ave —-
- ,11*• , i, "Mr-Etthh-Ave
• - •
•
ot iis:sill tiii 1 -••••11 °.;,,, 5., ....1044,-iirg? .. L‘I -Y.- r"--- . • . i•Int- iinto&'' • • I
i -#4 • ' • .
. .. •,o WIL 'pe:...,. . -, 4,.7- 1..tr,
i-.." mr.: 1 JPI - •it .. 1.__ ,:. .r r.." :J.- 41• • ....,"
ry x. •• Its II IF,W Ir - ,;'..a.1 11. r i ' ..,,,,,, hoe .
..4 , • •,..- -refs-. , •.---it m „IL ...-, Ilit_it ■ij,..
,
_ 4
E-9th ACie. --T.-— —E•9thAve—1—1:.92 6,:_cp— 6 • . , . ..
a' or is», ) — - • 7.-1—.Nier--"°•?Ar I • - - .
1 • • IS 'N., ', , + .
-litt‘t '•- \Aj t•-•1 •••••_ 4-h.••--1.. • - as . . • t.-.4 ,,,,,, . , . •
• •-
\ - '• Cz...90 a --)
a`, - • 1 ei•-•/ • 4" -
1 i -, • . • - - ..
w a ii 1 1 it 111■.v•y-elltr...•- .--S
_. tr-ip.121).......,... 4 . n • II•■■esNio...illif , -. ta 1..
1 *. ,. ' -
7. .. , fis 440cia 4
/I
- 4...4S.
filt ..1-,E•Tutept t. . .:-...\\■ I
. • , ...r4. , ; - %ea '. >
i, • '''-. .
: pit
4.- ....• tt . ... -.. .If , • .4'N,
• .--• ' 4@tri‘ 1,,,,:"Nlk.:t I.- - :: 7 - :NIL,.
• .-\i .‘ .-
S 4' '1'—1---' ----.t -----r--‘•-...\ ,.-.
‘0%...1,4 ,..- 1."4•111., • "' '.- - • '
. ..„.it ,4761,44-' - .-, • __-.‘ .--4-- :Sit ' .
- •-••
"4,03.". '‘'"hr.'" 4,tee - . . • ' • . 0\--....„..! ....-*- s-- --..-• 0 as..•* •.
. ' z ,c'''. ,:.‘Y-'11°-444::.iat• , _. -,4--114-----ts!litilt1,1-Atie;:z. _ -- " ";-•••,- gr. - , -..‘t-, -.‘ .::, ' - ___ il .4. I
. .. ..,
_ , _ _- - •
t','..,1-,-:.4 ti _4", .1t, it, 1 . r . • .3 .r .
• -4/' ....
' 12
1,,,•‘‘,.t. „ la:ilk* ,,,:i t_ imibt',Pitts. - ttj 4')1/4":#1-,...‘ \%or, -7A - s -
...IL - —•.‘ — -,•-• tir*0,4 - • —cakolip.,,A.e:, . AN. (1 , -N, * i' .- ,
/- ' Alterrs - - .:A 41,4 ' k 44,1; k , 1-_ • ., a.. - ,.. . ,,. ,e,
S
.." .
4
.. .
'416' , • ,
...
,
:1•?„
''
, - ..:--ntr,1 .i•••;,:.' --• ...;, 0.)! . '4 • • . .
-aigiaPjaf' at-- " ' " T . . ••• _,•4% •• •
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWEIWY YY)
07/17/201.2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poiicy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CON CPCU, AMIM, Debbie Johnston
Moloney, O'Neill , Corkery & Jones, Inc. PHONE Ex1) 208.292.1751 I(A/C,No):509.325.1803
7950 Meadowlark Way, MA AD alE$s: djohnston @mo-ins.corn
Coeur d'Alene, ID 83815 INSURER(S)AFFORDING COVERAGE NALCO
INSURERA: Travelers Indemnity Company
INSURED Coeur d' Alene Tribe INSURER B:
P 0 Box 408 INSURER C:
850 A Street INSURERD: _
Plummer, ID 83851-0408 INSURER e:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 11 12 GL Auto REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ID SUER' POLICY EFF POLICY EXP
INSR VIVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS
GENERAL LIABILITY GP06302443 10/01/2011 1010112012 EACH OCCURRENCE 5 1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES SES(Ea occurrence) $ 100,000
CLAIMS-MADE X OCCUR IMO EXP(Anyone person) $ Excl uded
A X PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG 5 2,000,000
PRO-
-I POLICY n JECT
JECT LOG $
AUTOMOBILE LIABILITY 8109158P604 10/01/2011 10/01/2012 COMB deDq INGLELIMIT S 1,000,000
X ANY AUTO BODILY INJURY(Per person) 5
A ALL OWNED — SCHEDULED
AUTOS AUTOS BODILY INJURY{Per accident} 5
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE
AUTOS (Per acadent
S
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTIONS
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER
ANY PROPREETOR/PARTNERIEXECUTIV5YIN E.L.EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED? I ! N IA
(Mandatory In NH) EL DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS beb.v E.L DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
Certificate holder is named as additional insured under the General Liability per attached
form CGD496 0509 as respects French Agreement with the City of Spokane Valley, WA.
Cancellation terms are outlined per attached ILT001 0107.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Spokane Valley AUTHORIZED REPRESENTATIVE
11707 E Sprague Ave, Ste 106
Spokane Valley, WA 99206 Toni Gorman/DLJ
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD