Ordinance 18-008 MCIMetro-Verizon Franchise CITY OF SPOKANE VA EY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. C8-0418
AN ORDINANCE OF'IA E.CITY OF SPOKANE.VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE HISE T 11(CIMETRO ACCESS
TRANSMISSION SERVICES Corp. dlbin VEI C?N ACCESS TRANsrieriSSIOI SERVICES l'O
CONSTRUCT,MAINTAIN AND OPERATE TELECOMMUNICATIONS iICATIONS FACILITIES WITHIN
'l'HF. PUBLIC RiCIITS-ilt-WAY OF THE CITY OF SPOICAN1 VALLEY,ANIS Oi'R1M
MA PERS RELATING THERETO.
WIFIERFAS, RCW 35A.47.04O authorizes the City Lo grant, permit,and regulate "nonexcluNive
frasnchiNes fir the use of public streets, bridges or other public ways, structures or places Ell)OVO or he]t w
the surface of the ground tvr railroads and other nnitiN and facilities for public conveyance, for polo,
conduits, tunnels, towers and.structures, pipes rind wires and appurtenances thereof for trransmiisiora and
distrlbtttimi of electrical energy, signals And other methods of communication, for gaK. sti JLm and liquid
fuels, for water,sewer and other private and publicly owned and operated facilities for public KLtii-viine;"and
WHEREAS, RCW 35A.47.G4O further requires that "no ordinance or resolution granting any
franchise in a Iodc city for any purpose shall be adopted or poisstcl by ale city's legislative body on the day
of its introduetien nor for five days thereafter,nor at any other than a regular meeting nor without first being
uhrniiLed tiL the city itiorney.nor without having been gran led by the apjroviug vote of at least a majority
o r the entire I egistative:'hady,nor without being publ ixhed at least once in a newspaper of general Cire abrin
in the city before becoming effective;,`and
WHEREAS,this Ordinance has ken Eribaaittcd to the City Attorney prior to its ps sagc; and
WHEREAS, the Council finds that the grant o#'the Franchise contained in thin Ordinance, subject
to its ttlyntri and conditions, is in the best interests of the public,and protect... the health,safety, and welfare
of the cilirus orill iN City.
NOW, Ti-1Ll(EFORE, the City Council of thy City o1` Spokane Valley, Spokane County,
Wlkhtrigtnn, ordains as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the
meaning set forth below:
"City Manger"means Ole.City Manager or designee,
..eunxtructien"or"construct"shall mean constructing,digging,excavating, laying,testing,
iiperating, extending,upgrading, renewing,removing,replacing,and repairing a thcility.
"day"shall mean a a 24-hour peri ud hegiitntug at 12:01 AJ'4., if a thing or act is to be done
in less than seven clays, intermediate Saturdays, Sundays and legal holidays shall lie
excluded in ilii csampLaatiors of time.
"franchise area" shall mean the entire gcngraphin area within the City as it is now
caustituted or may in the future he eons ti tined.
'!hazardous substancts°"Khalil have the same meaning as.RCW 70.10.51).°20(10),
Ordinance 1.8408 NIC.irnetro hoses Transmission Serviccs Corp.Tele-coin.Franchise Pagc 1 of 14
"maintenance,maintaining or maintain" drill mean the:work involved in the replacement
and/or repair offacilities,inc]udtti.g constructing,r[lirying,repairing,replacing,examining,
testing, inspecting removing, digging and excavating, and restoring operations incidental
tlaerelo.
"overbuilding'erbuildlrig"shall mean adding additional fiber rapacity to an existing conduit housing
Fiber optic cable.
"overt sh.i.ng"shall mean the act of lashing new filer optic:cable to Tin existing aL-riai fiber
optic cable.
' errni ttee"shall mean a person or entity who has been granted a permit by the permitting
Authority.
"permitting authority' shall tncani the City Manager in-designee atlthorizecl to process and
.grant permits requir+ I to perform worIt.i in the rights-of-way,
"product" shall refer to the iter., thing or use provided by the Grantee.
"public:property" shall mean any re:aI estate or any facility ownul by the City.
"relutation" shall mean any roquircd move or relocation of an existing installation or
equipment owned by Grantee whereby such move or relocation is necessiiatcd by
installation, improvement, renovation.or repair of another entity's facilities In the rights-
of-way. including 61'101110r s fact]Iues.
"right-of-way"s 114 l rt:kkr is the stud ce of and the Nniet along,above,and below any street.,
road, highway, freeway, lane, sidewaik, alley, court, boulevard, parkway, drive, Grantee
eaie.:rne nt,and/or public way now.or hereafter held or administc. cd by the City.
"structs" or "highways" shall mean the surface of, and the .space above and below, any
puhliis :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.
"talecomnitniicalions facilities" shall mean any or the plant, equipment, (lxiurs 3,
appurtenances, antennas, and other facilities necessary to furnish and deliver
telecommunications services, including but not limited to poles with erotisarins, poles.
without LT{rs:sarti5s, wires, lines, conduits, cables, commiiaicudion and signal lines and
equipment, braces, guys, anchors, vaults, and all attacbmenui, appurtenances, ,and
applitinues necessary or incidental to the distribution and use of telecommunications
se ices. The abandonment by Grantee of any telecommunications facilities as deemed
herein shall not act to remrw.c 9]se sante from this definition,
Section 2. Grant of Franchise The. City of Spokane Valley, a Washington municipal corporation
(hereinafter as "City" of "the City"), hereby grants unto IvECltnetro Access Trantioiaxion Services Corp.
d/b/a Verizon Aet;esaa Transmission Scroiccs (h reinafter -Grantee"), a franchise for a period of 10 years,
be*inrning ern theeffectrve date of Ebix Ordinance,to install,construct,operate, maintain,replace and use.all
necessary equipment and facilities to place telecommunications facilities in, under, can, aur(ISS, over,
through, along or below the public rights-of-way and public placeq located in the City of Spokane Valley,
as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This
Ordinance 18-0D8 MCtmctro Access Traiismissienn SServiccs Corp.Telecom, Franchise Page 2 of 14
franchise does not pc mit Grantee to use such facilities to provide cable services ars..dc1incd by 47
76.5( .
Seetinn 3. Fee. No right-of-way u c fee is imposed for the term of this Franchise. Anysuch right-of-way
use irr franchise fee that may hw`irnposed by subsequent aordiotance would apply to any subsequent franchise,
if any,between the panics ,
Section 4. City!he. The following provisions shall apply re iding City use.
A) City may request that Grantee provide one or more strands(two pair) of dark fiber for City to
use solely for City itovcrtmstrelit itdmuflristratiron purposes. Upon receipt of such request, City and
Grantee shall meet as soon as practicable to determine whether Grantee has dark liber available in
the locations requested by City, and ir Grantee has dark fiber available, City and Grantee will
engage in good faith discussions to develop mutually agreeable terms for provision of•snch dark
fiber,
li) Cconsiatent with and.subject to ROY 35.99.070, at such time when Grantee is constructing,
relocating, or placing duets. or conduits in public rights-of-way. the City Manager may require
Clrantee to provide the City with additional duct or conduit and related structures, at incremental
cost, necessary Lo access the conduit at-mutually convenient locations.. Any ducts or conduits:
provided by Grantee tinder this section shall only be used for City municipal,ipal, narn-ecintnercial
purposes.
1)The City shall not riNtiire that the additional duct or conduit space be connected to the
ikcco structures and vault_%of the Grantee,
2)This section shall not affect the provision of an institutional network bya cable television
provider under federal law.
3) Ciranlcc shall notify the City tvlanagc r 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. Recovctry orf Casts. Grantee t:ljsill reimburse the City for all costs clone/JublicationtoCthis franOltiRe
in a local newspaper, and required legal notices prior to any public hearing regarding this franchise,
contemporaneous with its acceptance of i his franchise. Grantee shall be subject to all permit and inspection
fees associated with activities underia€ri through the:authority granted in this franchise or udder City Cads_
Section 6. Noti-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 perrroits in any rights.-of-way. This and
other franchises shall, in no way,prevent or prohibit the City from uNing any of its rights-of-way or affect
its jurisdiction olvcr Ilion or any part of them,
Section 1. Inn-interference with Rs.h tang Facilities, Thu City shall have prior and Attlerior right to khe
use of its rights-of-way and public properties far installation and maintenance of ill facilities and Oho-
governmental purposes. Thu City hereby retains full power to make all changes, relocations, repairs.
maintenance, establishments, improvements, dedications or vacation oof:aaane 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 heat the sole expense of Grantee,unless RCW.35.ff9.O 0 provides otherwise; Should
Grantee fail to remove, adjust or relocate Its telecommunications facilities by the date established by ilk]
City Manager's written noticfro Grantee and in accordance with ROW 35.99.060 and Grantee has not
Ordinance I8-048 M lnmetro Acecsss Transmission Services Corp_Telecom.franchise Page 3 of 14
expvrienced a force niajeure oir event beyond its control, the City may cause and/or.effect such removal,
adjustment or relocation, ;sail the expense thereof shall be paid by Grantee,
The owners of 311 uti liti s,public.or private,installed in or orisuch public properties prior to the installation
of the telecommunications s facilities of Grantee,shall have preference as to the positioning and location of
such utilities so installed with respect to Grantee. Such i,reference shall continue hi the.event of the
neemity of relocating or changing the grade:of any such public properties.
Grantee's telecommunications facilities shall he constructed and maintained in such manner as not to
interfere with any public use, or with any.other pipes,wires,conduits or lather facilities that may have been
laid in the rights-of-way by or under the City's.authority. if the work done under thilti frrincluise lila gas
or interferes in any way with the public use.or Other facilities, Grantee shall wholly and at its own expense
make such provisions necessary tri eliminate the interff..-rmee or damage to the satisfaction -of the City
Manager.
Section 8. Construction Standards. All work authorized and required hereunder shall comply i.+oitli all
generally applicable City Godes and regulations. Grantee shall also comply with all applicable federal and
state regulations,laws.and practices. Grantee isresponsible sible t'or the,stn.wrvision,condition,and quality of the
work done,whether it is by itself or by contractors,assigns or agrancit , 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,obi i atittn,or responsibility for the competent design,construction,maintenanee,and operation of iL
telecommunications facilities. C.Tni ilee is responsible for the supervision,condition,and quality of the work
done,,whether it is by itself or by contractors, assignw DT agencies,
Ti Grantee-shall at any tirnt: be required,or plan,toexcavate trenches in any arca covered by this franchise,
the Grantee shalt 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 cif the Grantee;
.and (2) such joint use shall not adversely affect Grantee's [ciccommuui.cations facilities or safety thereof.
Joint users will be required to contribute tsr the costs of excnviiLicrn and filling on a pro-rata basis.
Section 9. Protection of Monuments, Grantee chart comply with applicable state laws relating to protection
of!non amen la•
Stearn M. Tree Manning. Grantee shall have the authority to conduct pruning and trimming for rises t�`r
tirantr 's telecommunications facilities in the rights-of-way subject to.compliance with the City 1.7edo- All
such trimming shall be done at Grantee's sole;4clxt and expense.
Section I. Emergency Response, Grantee shall, within .30 days' of the execution rif this franchise,
designate erne or more responsible people airil an.emergene 4-hour on-call personnel,and the procedures
to be followed when responding to an emergency. A ficr being notified of err emergency, Grantee shall
cooperate with the City to immediately respond with aeLiwI to aid in the protection of We health and safely
of the public
Iii ttie event Grantee rcfuses.to promptly take the directed action or€iii Is to fully comply with sueh direction,
or if emergency conditions exist which require inxnunediare lictilrn to prevent imminent injury or damages lo
+e.rF('nx or property, the City may Lake such actions as it believes are necessary to protect persons or
property,and Grantee shall he responsible to neiinbun the City for its costs and any expenses.
Section 12. One-Fall SyN[clst= Pursuant to R.CW 19.122, Grantee is rc iptniaible for becoming familiar
with,and understanding, the provisions of Washington's Cine-Call sIalutcs. Grantee shall comply with the
Ordinarcre..1840$lvielnictro Access Trassmissiein Seniices Corp.Telecom-FFSechias 1'ag 4 of 14
terms and conditions set forth in the One-Call statute.
Section/3. Safety. All ofGrtinlaee'Steleccommunit ti, their'ti ein the rilits t-vay hall be constructed
and maintained in a safe and operational condition. Grantee shall fallow ail safety codes.and other
aplalia able regulations in the installation,operation,atld mainkt'rtanceofthe 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 -ol"-way for the purpose of'moving arty
building or other- oyerNized structure-, Cirantce, upon at least 14 days' written notice from the City, shall
move, at the expense or the third party elksicing, to move the building or structure, any ofGrante 's
telecommunications facilities Vicat may obstruct the movement thereof; provided, that the path fir moving
such building Or structure is the lath of least interfi,rence to Grantee's telecommunications facilities, as
determined by the City. Upon gieexl cause shown by Grantee, the City may, require more than 14 days'
notice to Grantee to move iL telccotr><inunic itionx tat ilities.
Section 1S Acquidng New Telecomm micaliunts Facilities, Upon Grantee's acquisition of any new
icleconunttnications fauilitics in the rights-of-way, or upon any addition or annexation to the City of any
arca SII Which Grankc retains any such telecommunications Facilities in the rig1ts-(1C-wa r Grantee shall
submit to the City a written statement describing all telecommunications facilities involved, whether
authorized by Fran hiac or any other form of prior rig t,.and specifying the location of all such facilities..
Such Facilities shall Immediately he subject to the terms of this franchise_
Setlacan 16. Dangerous Conditions - Authority or.City to Abate. Whenever.excavation, installation,
construction repair, maintenance, or relocation of telecommunications facilities authorized by this
franchise has caused or ruintrIbuted to a condition that substantially impairs the lateral support of the
ardjoining right-of-way. road, street or other public place, or endangers the public; adjoining public or
private property or sired 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 thitt.such action be completed
within a pr c'.rilied time.
In the event thatGrantee fails or refuses to promptly bike the actions directed by the City,or fails un fully
comply with sadt directions, or if emergency coadilions exist which require immediate action, the City
may cntrr upon the property and take such actions as are necessary to protect the public, adjacsmt public or
private property,or.atreet utilities, or to maintain the €atera}l support thereof, and all other actin a deemed
by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable Lo the City
Iiur al] costs and expcnsc„w thereof to the extent caused.by Grantee.
Section 17, Hazardous Substances, Grantee shall comply with all applicable feden 1,state and local laws,
statutes,regulations and orders e{rncerniiig hazardous kulistsnces relating to Gtanto&'s telecommunications
facilities in I he rights—of-way. l.irarrtce agrees to indenini Cy die City against any claims,costs,and expurnscs,
of any kind,whether direct or indirect, loa:irned by the City arising out of the release or thr at euFi-dease of
hazardous substances caused by Grantee's owncrship or operation of its. telecomrnuaicatiens facilities
arritliiet the City's rights-or-way,
Scctiun I Environmental, Grantee shall comply with all environmental protection law=s, rules.
reconuanendat+amts, and re tilrrtinriw 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 indi-mnify and hold the Cityharmletx from any and all damages arising, or which may arise, or
be casae€ by, or result from the failure of Grantee tally to comply with any such laws, miles,
recommendations, or regulations, whether or not Grantee's pacts or activities wixu intentional cit
unintentional. Gramm:shall further iaderratiiry the City against all losses, costs, and ex acnses (including
Ordinance.18-008 Access'[ransmisa in Ser rues Corp,Tells ra. Franchise Page-.5 uC 14
legal expenses)which the City may incur as a result of the req uirc nnmt of any government or governmental
subdivision or agency to c[ean rndior remove any pollution caused or permitted by.Gran toe, whether said
requirement is during the term or they franchise or subsequent to its terminaition.
SrctiM 19. Relocation of Telecommunications Facilities. Grantee agrees.and covenants, alt its sole coast
and expense, in protect, support, temporarily disconnect, relocate or rum ve from any street any of its
telecommunications facilities when, sero required by the.City in arcxonilaince with the proviAions of Ir v'
3 ,99.0 60, provided that Grantee shall in all such cases have the privilege to teinparnrily hypass, in the
authorized portion of the same street upon approval by the: City, any section of its tclrccaaastnunicatfons
facilities required to be temporarily disconnected orrerri vctl.
if the City deterrnirtes that the project necessitates the rciloc anon of Grantee's thou-c isting
telecornnaunieaLi]iis facilities,the City shall;
A)At least 60 days'prior to the cc atnitiencernent of such improvement project,pruvidu Grantee with
written notice requiring such rdoc.ation;and
B) Provide Grantee with copies of pertinent portions of the plans and pe it icAtions for such
improveaaa-nt project and a proposed location for Grantee's telecommunications facilities so iht.L
Grantee may relocate its telecommunications facilities in other City rights-of-way in order to
accommodate such improvement PrcajeuiL
() After receipt of such rtntiee and such pians and apeciPea Liots,Grantee shall complete relocation
of its telecommunicaalioios facilities at no charge or expense to the City so as In accommodate the
improvement project in aae corttatx'e with RCW 33.99,0.60 (2).
Grantee tray, after receipt of written notice requesting at relocation of its telecommunications thci1iti ,
submit to die City written alternatives to such relocation. The City shall evaluate such alternatives and
advise(irantee in writing if one or more of the alternatives are suitable to accommodate the work which
would otherwise necessitate relocation of the telecommunications ficilitic , if so requested by tic City,
Grantee shalt submit additional infornatition to assist the City in making such evaluation. The City shall
:give each alternative proposed by (rrrntee full and fair consideration, To the event the City ultimately
rletermiracq that there is no other reasonable alternative, Gran Lve shalt relocate its telccotoornuniostions
facilities as otherwise provided in this section.
•
rho provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements
it may deem appropriate when rtmponding to a request for relocation of its telecommunications facilities by
any person or entity other than the City. Where floc firol .011111111UliCatiOnS facilities to be constructed by said
person or enatily arc:not or will oat become City owned,operated or maintained Facilities,provided that such
arrangements donut wtduly delay a City Construction project.
If the City c'w a cOntraetor for the City is delayed at any time in the.pis agtess of the work by Fsn fact or neglect
of the Grantee or those acting for c r on behalf of Grantee, Then Grantee shall indemnify,defend and hold
the City, its officers, officials,ials, canployees and volunteem harmless from any and all ebims, injuries,
damages, losses or suite including attorney fares to the extent arising out of or Iii connection with such
delays,except for delays and daruiges cansoil by the City. This provision nay not be waived by thc parties
except in writing_ Grantee shall not he. responsible for delay damages If Grantee's delay is ilie result of a.
force taaajeure or event beyond(iraEUcc's control.
'tiue[taxr 20. Abandonment of Grantee's Telecoraununicalittis Fa.cillties. No facility cun.struuted or owned
by Grantee may be ad aridcned without the express written consent of'the City, which consent shall not.he
Ordinance 18-00 MC€ineti c Aron%Transmission Services Corp.Tcicoom.Franchise Pagr.b of 14
unreasonably withheld. The City has discretion and authority to direl:t Grantee to remove it facility
abandoned by Grantee (whether or not the entity bad permission to abandon the facility) and restore the
rights-of-way to their pre-removal condition when; (a).a City project involves digging that will encounter
the abandoned facility; (b) the abandoned facility poses-a harmed to the health, safely, or welfare of the
public, (c) the abandoned facility is 24 inches or Lasa below the surface of the rights-of-way and the City
is reconstructing or resurfacing a street over the rights-or-way, or(d) the abandoned facility has collapsE2d,
broke,or otherwis€: failed.
Grantee may, uptan written approval by the City,delay removal of the.abandoned facility until such time as
the City commences a construction project in the right$=of-way unless (h) or (d) above applies. When(b)
or (d) applies, Grantee shall remove the abandoned facility from the rights-of-way ax soon as weather
conditions allow,aaniuss the City expressly allows otherwise in writing.
The expense of the removal, and restoration t}I improvements in the rights-or-way that were darnagcd by
the facility or by the removal process, shall he the sole responsibility of the Grantee. If Grantee fails to
remove the abandoned facilities in accordnice with the above, then the City!flay incur costs to=nave ave the
abandoned racilities arid restore the rights-or-Way, and is entitled to reimbursement from Grantee: for such
costs, including reasonable attorney's feria and costs.
Section 21- Maps and Records Rewired. Cirnnntee shell provide the City,Ili no flat to the City..
A)A route map that depicts the general locution of the Grantee's teleconanwnications facilities placed
in the rights-of-way. The route map shall identify teleconnnunications facilities as aerial or
un dergro and and is not required to depict cable types,number of fibers or cables,electronic equipment,
and x=rvi{e lines.to individual sub crihers. Grantee shall also provide all electronic map of the
aeriali indergroundtelecararnannicati€fns facilitiea in relation to the right-of-way centerlinersirerence to
allow the City to add chis information tai the City's Geopuphie Information System("GIS")program.
The infornialion in litis subsection shall be delivered lo Lhi City by December 1,annually.
B) In connection with the construction of any City project, Grantee shall provide to the City, upon
the City's reiisnnahlcrequest,copies of available drawings in use by Grantee Allowing the location
of such telecommunications facilities. Grantr.`L shall field locate its telecommunications facilities
in order LEI, facilitate design and planning o f City improvement projects.
C) Upon written request of the City, Grantee shall provide the City with the most recent update
available of any plan of potential improvementsto its tr;leeutninutticationns facilities within the
franchise area;provided,hiiwever, any such plan so submitter)shall be deemed CCM fictentia] and for
informational pxarpnsu i only,and shall not obligate Caul-it=to uitderttnlre any speer nu improvements
within the franchise arca. The information in this subsection shall be delivered to the City. by
December 1,annually,
D) In addition to the requirements of subsedkin l of this section, the parties agree to periodically
share:GIS tiles upon written re lest,provided Grantee's UIS yttria are to be used solely by the City
f`ar governmental Any ny files provided to Grantee shta1] be restricted to information
required for Grantee's engineering needs for construction or inaintena.nce_of telecommunications
facilities that are the subject of this franchise. Grantee is prohibited fnum selling any (315
information obtained from City to any third parties.
E) Public Disclosure Act. Grantee acknowledges that information submitted to the City may be
:quilled to inspection and copying under the Washington f'uhlit.Disclosure Act codified in chapter
42.56 RCW. [Grantee shall mark as "PROPRIEI'AR WCOl @LNTI L" each page or portion
Ord iname 18.008 M.Clnetro Aceem Tra unissien Services Corp,Take sm_Franchise l`agc 7 of IA
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 Grantee with ac:upy
of any public disclosure request to inspect or copy do ur ientation;'infrsrination which the Grantee
has provided to the City and marked as "PROPRIEYAiLY/ O 1i)ENTIAL" prior to allowing
any inspection and/or copying as well as provide the Grantee with a time frame, consistent with
RCW 42,5(1.520, to provide the City with its written basis for icon-disclosure or the requested
doeuinentation/in#ormation. In the.event the City disagrees with the Grantee's basisfor non-
discliosure, the City agrees Iii withhold release of the requested documentation) information in
dispute fora reasonable amount of time to allow Grantee an opportunity to !ilea legal action tinder
RCW 42.56.540
Section 22. Limitation Future Work. In the event that the City constructs a new :4trcet or reconstructs
an existing street, 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 frights by City. The City r orves the right to refuse any request for a permit
to extc'nd telecommunications Facilities consistent with alviicable.federal and Washington state law. Any
a+uc,h refusal 3411 be sutptrrted by a written KtaL.nnettt &mu the City Manager that extending the
telecommunications l,tci lititi , as proposed, would interferewith the public}7caithf safety.or we,lfarc.
Section 24. Remedies to Enfat'ee Com.pl.laoce.. In addition to any other remedy provided herein, the City
reserves the right to pursue any remedy to compel or force Grantee andlor its successors.and a signs•to
comply with the terms hereof, and die pursuit of any right or remedy by the City shall ntot prevent the City
from thereafter declaring a forfeiture or revocation for hrrc ach of the conditions hewia.
Section 25. City Ordinance; and Regulations. • othinig herein shall be dec=mcd to direct or restrict the
(`itys 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 the MtereNt or public safety and Fig the welfare of the public_The City shale have the authority at
ail titres to control by appropriate regulations the location, elevration, and manner of construction and
maintenance of any telccoinmunications facilities by Grantee, and Granntee shall promptly conform with all
such regulations, unless compliance would cause Grantee to violate other requirements of law,
In the event of a conflict.betwe n the Spokane Valley Municipal Code and this frtmchisc, the Municipal Codec:
shall contrast.
Seeiinn 26. Vacation. Tho City may vacate ;in;. City road, right-of-way or Other City property which is
subject to rights nrrintr_xi by this franchise in :aeeordance with stale and local law. Any relocation of
telecommunications facilities resulting from a atteet vacation shall require a iiiinirnrim of 18ll days` notice
as provided in seeiion 37. In the event or a fslrect vacation,the City shall include in the vacation ordinance
a reserved easement for the continued location of Grantees r'iiclilties.
Seellryn 27. Indemnification.
A) Grantee hereby covenants not to Ening suit and agrees to indemnify, defend and hold hannlcss
the City,. it_s officers, employees, agents and representatives From any and all claims, costs,
judgmenk.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:
Ordinance IS-008 IaiC:l iiien-ca Access.Ti aasniissiori Services Carp.TeLecom.ltriiiehi SO Page 3 of 14
•
1) For which the negligent acts or omissions of Grantee, its agents, servants, affl cru or
employes iu performing the activities {authorized by a franchise are a proximate cause;
2)By virtue of Grantee's exercise of the rights granted herein;
3) By virtu" of the City permitting Grantee's use of the City's ri, i s-of atys or other
public property;
4) Based upon the City's inspection or lack of inspection of work performed by Grantee,
its ageom.and serwialts, officers or employees in connection with wart(anthorircd 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;,
5) Arising as a result of tho negligent acts or omissions of Grantee, its agents. servants,
officers or employees in barricading. instituting trench safety systems or providing ether
adequate warnings of any excavation, cons.trucation or work upon rho facility, in any right-
of-way, or other public place in performance of work or tiervi s pemritted under a
fraane:lrise; or
6) Based union 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 andlrir FCC regulations Related thereto.
B) Grantee's indemnification obligations pursuant to subsection 1 of this section shall include
assuming liability for actions brought by Grantee's own employees and Inc a Baa p l oyees of Grantee's
agents, representatives, contrauters and subcontraetora even though Grantee might be.. immune
under KCW 'title 51 from direct suit brought by se h an employee. it is expressly agreed and
understood that this assumption of potential liability for actions brinrght by the aifsrreitroerrtioued
crnpILoyex i is limited solely to claims again±t the City arising by virtue ofOmni ee's exercise of the.
eights sot forth in a franchise_ The obligations of Granteetindcr this subsection have.been imitually
negotiated by the parties,and Grantee acknowledges that the City would not enter into a "franchise
wiLhsou.t Grantee's waiver. To the extent required to provide this inalerrmilication and this
indemnification only,Grantee waives its irnrnuuity under RCW Title.51.
C)inspection or acceptance by the City of Any work performed by Grantee al the time of comp]ctirrrt
of construction shall not bc grounds for svoic auee "Of any of these covenants of
indemnification. Provided, that Grantee has been given.prompt wriltcto notice by the City of any
such etcher,Bair] indemnification obligations shall extend to claims which are not reduced to a suit
and any claii,tw 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 [he right to approve any settlement or oilier c:onipromiso of any such claim.
D) In the event LFLst Grantee refuses Lite tender of deferiSe in any wait or any claim:, said tender
having.been inarde pursuant to this sec:tiotay and said refusal is subsequently determined by a court
leaving jure diction(or such other tribunal that the parties shall agree to decide the matter), to have
Beier a wrongful refusal on the.part of Grantee, then Grantee shall pay all of I he City's costs for
defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the
reasonable costs of the City ofreeuvcririg under thissnbscetion.
E)Grantee's duty to,defend, indemnify and hold harmless City against liahi City for damages caused
by the ciancurrcntueglignee sit jai)City or City's agents,employees,or contractors,and(11)Grantee
Ordinance 1g-148IviCfmatrn Access Trans€rtiniican Services Corp.Tclecera.Franchise Page 9 of 14
or Grantee's agents, c-tr ployees, or contractors, shall ripply only to the extent of the negligc tee of
Grantee or Grantee's agents, employees, or contra tors, In the event that a court of competent
jurisdiction determines that a fi;inchisc is subject to the provisions of RCW 4.24,115, the parties
agree that the indemnity provisions Hereunder Ah.all be deemed amended to conform to said statute
and liahzkity sha11 be allocated as provided he rein.
TO-Notwithstanding any ether provisions of this section, Gratitee 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,s.•tnployees and contractors,except to the extent
any such damage.or destruction is caused by or orisscH from any willful or malicious autism or gross
negligence on the part of tho City,its officers,agents, eiuploye :s or colitractrrr _ Grantee t-eie.i e
and waives any and ail such claims against the City, its officers, agents, employes or
contractors. Grantee further agrees hold harmless and defend the City agaiiinst any
claims for damage., including, but-not limited to, business iiiteinption damages and lost profits,
brought by or under users of Urantea;"s Facilities as ilte result of any interruption of service due to
damage or destruction' of Grantee's facilities cruised by or arising out of activities conducted by the
City, its officers; agents, empioyecs or contraclrrrs, except to the extent any such damage or
destruction is caused by or arises from the sok negligence or any willful or malicious actions on
the part of the City,its officors,agents,erupkoysxs or contractors.
G) 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 hcxcunder to Unintecaits agents, tepre.ROatIatives
or employees.
Grantee's mairiti nonce of insurance as required by this franchise shall not he construed to limit the liability
of the Grant= in the. coverage provided by ouch insurance. or otherwise limit the Oily's recourse to any
remedy available at law or in equity:
A) Automobile Liability insurance with limits no less than $1.01,1-0,000 Combined Single Limit per
accident for bodily injury and property damage. This insurance shall cover all owned, nun-cewtied,
hired or leased vehicles used in relation to this fninchiso. Coverage shall he written on Insurance
Services Office(ISO) form CA(Xi 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shad be endorsed to provide contractual liability c: iveraige, and
B) Commercial General Liability insurance Khali be written on insurance Services Office (1St))
occur-cnee form CO 00 01,or a substitute: fonu providing equivalent liability coverage acceptable
to the City,and shall caivcrproducts liaabi lily. The City shall he marred as an insured under Grantee's
C omnne iaal Cieneril l:ialaklity insurance policy using ISO Additional Insured-State or Politica!
SL1bdivisions-1'erinita CU 20 12 or a substitute endorsement acceptable to the City providing
equivalent coverage_ Coverage shall he written on an occurrence brasis with limits no USR than
1,000,0010 Combined Single Limit per occurrence and $2,000,000 general aggregate i'or personal
injury, bodily injury and property damage, Coverage shall include but not be limited to; blanket
coral-actual; productsicornipleted op-enfiona; broad form property; explosion, collapse and
undcnground( CU); and Employer's Liability.
Thu Insurance policies ;roc Les ountaaln, or he 4 nm1orse-d to contain, the following provisions for Commercial
eneral Liability insurance
Ordinance 18-008 MCfrnctre Access j rancmisiion Services Corp;Telecom,I'm aclaisc Page I0 or 14
A)Grantee's insurance coverage shall be primary Insurance with respect to the City as outlino its
the indemnification section of this franchise_ Any insurwnc e lf insurane c,.or insurance pool
coverage maintained by the City shall be in.excess of Grantee's i surancc and shall not contribute
with.it.
B)Grantee's insurance carrier or Grantee shall provide 30 days' prior written notice to the City of
insurance cancellation.
Insurance is to be placed with insurers witha current A.M. Best i:eting of riot less than A:VIL
Grantee shall furnish the City with originalrdfiicatc and a copy of any amendatory endorsements,
including the additional insured endorsement,evidencing the insurance roquireiatelita of the Grantee prion;
to the adoption of this Ordinance_
Any Failure to comply with the reporting provisions of the polic ies required h erein shall not affect coverage
provided to the City,its officers,officials,employees or v-olunteem.
Sei1h n Performance:Bond Relatiniz to Construction Activity. Before undertaking any of the work,
installation, improvume nts, construction, repair, relocation or maintenance authorized by this franchise,
Grantee,:or any patrtic Grantee contract. .vwith to perform labor in the performance ot'this franchise,shall,
upon the request or tho City, furnish it bond executed by Grantee or livmtee's contractors and a corporate
surety auihoiiv,,Ld to operate a surety business in the State of Wasliingfm, in such sum as may be set and
approved by the City, not to exceed.$23,000, as sufficient to ensure pe.-rformance_of C;Tuntee'5 obligations
under this franchise. The bond shall he condition d so that.Grantee shall observe all the covenants, team
and conditions and shall faith Fully perform all cif the obligations or ir this franchise,and to repair or replace
any defective work or Ina teriuls 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 bound 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 3i. Modification. The City find Grantee hereby reserve the right to alter, amend or modify the
terns and condiIieens of this franchise upon written ygrcntncot ofboth parties to such alteratii,n,amendment
or modification.
Sections 31. Forfeiture and Revocation. if Grantee willfully violates or tails to comply with any of the
provisions o f thus trnnchisn,or through willful tie unreasonable negllgentce fails to heed or comply with any
nu Licit:given.Grantee by die City under theprravisiwig of this franchise,and an adequate opportunity to cure
the violation or non-compliance has been given in writing to Grantee, then Grants!shall,at the election of
the City, forfeit all rights conferred hcwunder and this franchise may be revealed or annulled by the City
after a hearing held upon reasonable ni mice IC,Grantee.The City may elect,in lieu of the above and without
any prejudice to any of its other legal rights and remialies, to obtain an ',viler from the Spokane County
Superior Court compelling Grantee to comply wilh the provisions of this franchise and to recover damages
and costs ine rred by the City by reason of Griintcc's failure to comply,
Section 32. Assi macro. This franchise niay nut be assigned or TIMIEFf6TCd withiitit the written approval
of the City, except that Grantee can as;;ign this franchise without approval of, hut upon notice to the City
froru any pal-1.71i, 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_
Sec16m 33. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the
Ordinance til-ocB MC,noun Access Trat sirrission Services Corp.'i'Cleeorat_Franchise Pagel:1 1 of 14
franchise herein by fling with the City Clerk an unconditional written acceptance thereof. Failure ui
Grantee to so acecpt this franchise within said period oftime shill I be deemed a raj tisa1,t er'ecif by Oran tee,.,
and the rights.and privileges herein granted shall,after the expiration of the 0-day period,absolutely cease,
sank c 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, f,, 7, 13, 16, 17,
18, 19, 20, 21, 28, 29,37, 38 and 39 of this franchise shall be in sdditioii to any mid all cather:obligattons
and liabilities Oran ice may have to the Cit.y tit common lav, by statute, by ordinance, Ur by contract, rind
shall survive fen-flirtation of this franchise, and any renewals or extensions hereof. AR of the provisions,
conditions,rtgutations.and requirci>tents contained in this franchise shall further he binding upon the heirs,
uc:ceNscsrs, executors, atlrrrinistrators, legal reprct*entatives and assigns of Grantee and City and all
privileges,as well as all cah]igations and liabilities of Grantee slralI inure to their respective heirs,successors
and assigns equally as i f they were specifically mentioned herein.
Section 35. SEYera'hi.tjty_ If any section,xcntcnce,clause or phrase of this (3rdinanee should beheld to be
invalid or en COnstitutiotta!1 by a court ref competent raarisdicti;fin,such tnvalidityw or unconstitutionality shall
not affect the validity or constitutionality of anyother in,sentence;clause or phrase of this Ordinance.
In the event that any of the provisions of the franchise are ]geld to be invalid by a court of competent
jurisdiction,the City reserves the right to reconsider the grant of the#`ranchise and may amend, a ti;,L_:I.add,
replace or modify any other provision of the franchise,or may terminate the franchise.
Section 36. Renewal_ Application for extent icer or renewal of the terra of this franchise shah be m adeno
later than 180 days of tite.expiration there#}f. Iti the event the time period granted by this franchise expires
without being renewed by the City, the terms and conditions hereof shall canon+c in effect until thibb
franchise is either renewed or terminal cd by the City.
Section 37, Notice. Any notice or in fon station required car 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
10210 least Sprague.Avenue
Spokane Valley,WA 9920(i
Grantee; MCIrnctro Access Transmission Services Corp.
Atm: Franchise IVlinager
6O1}Hidden Ridge
Irving,TX 7503.8
With Copie-. IL 3:
Verizon
1320'North Courthouse grand, Suite 90(1
Arlington,VA 2221)1
Attn: General Counsel,Network&Technology
Section 38., Choice of t.aw; Any litigzaliorr between the City mid Grantee arising under or yarding this
franchise shall occur, If in the state courts, in the Spokane County Superior Court, end if in the federal
courts,in the United States District{Curt for the Eastern District rrfWashingtoll.
ecliuli 39. lipn-Waiver. The City shall be vested wilh the power and authority to reasonably regulate the
Ordinance 18-00g MCimetro Access Transmission Services Corp,Mitcorn.Franchise Targe 12 of 14
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 Clic pre}v isionn of this lLranc:luse by reason of any failur of to City In
crithrce prompt cr,rttiplia:Ice, nor does.the.City waive or limit any of its rights under this franchise by reason
of such fail we or neglect.
Section 40. Entire Agreement- This franchise constitutes the entire understanding and agreement between
Clic pirtics kis to Ilio subjL l malli:r 1turciri ane] no other ay.:cm:tits or uodcrslandings written or otherwise,
shall behinding upon the parties upon execution Fuld acceptance Itcrec>f This franchise shall also supersede
and cancel any previous right or claim of Grantee to occupy the City roads as lien .n dc,sc;rib+d.
Sectitlit 4L Effective Date: This Ordinance shall be in full force and effect five days alter publication of
the Ordinance ur a Timm ry thereof oceurs in die ciliiki;i1 ,;�.0.wr-.,roi' the city of Spokane Valley as
provided by law,
PASSED D by the City Council this 10th day of April,2018. _
r�'�` — ,
L. R. tiipgiiis, fvlaynr
Air1..
,c_A.,„.
}�j' 'J}J'y
.•a"'�'4 �""� w' $1 f'SIL"
Christine Bainbridge;; ityClerk —
Approved as • ' .
jill i
Office of City At
Date of Publication, May 18.2018
1?ffective Date: Mat' ?1)I F
- i o{
Urdlnnuce...18-0O lutCliidtro Access lransiiaission Services Corp. telecom, Franchise Page 13 of 14
Accepted by MClmetre Act:cgs Tronstnission Services Corp_ d/b/a Verizon Acce;95 Transmission Services.:
csi )j1/41
By:
ohcrt o _ k ee
Executive Director:
The Grantee,1V1CImetro Acce,gs Transmission Services Corp, d/rli Verizon Access Tran:clnissicn Services,
for itself, and fru its successors and assignrc, does accept all of the Ileum and conditions of the foregoing
franchise.
STATE OF TEXAS )
)
COUNTY OF DALLAS )
Before me.l ,4, ihc.moct( ,on thi day personally appeared Robert P.Mcgee,known
to me to be the p rkrrn'Whose name is subscribed to Ike foregoing iastrumenL rind known to me III he the
Executive Director of MCliitetro Access Tranwinissio1l Services Corp., u Delaware Corporrrlicrn, and
acknowledged to me that lie executed the said instrument fol the purposes and consideration therein
12Kpress ed.an behalf of said Corporation,
Givers under my horrid and seal of oftice this day orf ,, I . ,"2018.
I Lo La3'y Pudic
is
-Printed Name:' 4 ....(61/a(46CA
My Commission ATE-LS: 7v/7
[SEAL] Ore jostph WiadletCk
e*1 NOVOi`wlee
Salt O fella
IVO Exp;res:11O 11/1 111
Ordinance 18-Q08 O8 Mchnetrn AccCR;d Trrrrssmission Services Corp. Telecom,Franchise Pagc 14 of 14
1on, � rt
CERTIFICATE OF LIABILITYINSURANCE i30
THIS CERTIFICATE Fs 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 INSURERS}, AUTHORIZED
REPRESENTATIVE DR PRODUCER,AND THE CERTIFICATE HOLDER,
IMIPORTANT:If the certificate funkier IS d411 ADDITIONAL INSURED,the poll cyr(os)must have ADDITIONAL INSURED prpvrsoana or sendo-rsQ1.If
SUBROGATION IS WAIVED,subject to Ilia tame rstd conditions QI111Q policy,Certain polities may requlro an endorsement_A statement on This L
certillcate does nol curter rl Ott to the c artlflcate holder in Lieu of such o3 ldaarsemerLLlsl, o
PlaOL3JCEii CONTACT - —
noh J¢I sk ,+`sir-vises eortheastr Inc, c .meq: doe] 2-6:1./02. I'6' ,tn�.11 t8o 1 1.6!-alaso
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mi.J 11101,1N. AcEes S Transm i ss+vh Irysufrffl P
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1O'3S Avenue eF' II1e Americas
`Jew York HY 1:01:135 LISA INSUREIEt
R2LIRERE: - •.
' INsufat'FtF_ l
COVERAGES CERTIFICATE NUMBER= 5701:171013001:11 REVISION NUMBER:
TI IFS 15 TO Y•E=Fi IIFY THAT THE POLICIES OF INSURANCE LISTED Snow llesvu SEEN ISSUE!)TO THE iNSUREll NAMED ABO} FOR THE POLICY PERI1]i3
INDICATED,Melfi 11THSTANDING ANY REOLVIL'AilNI,TER{,!OR COND}T[ON Of ANY CONTRACT OR OTHER DGCUMENF WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUF N1A AFFORDED BY THE POLICIES OESCRIeti17 HEREIN IS•SIJBJECTTOJ ALL THE TERMS,
EXCLLISLONS AND CONDITION-9 OF SUCH POLICIES_LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ LTA mown nye os requested
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vqe,desrte under I L dl WE.q—Tot cY L MrIT —
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eia*ed insured include d•'kAtil i;1'U Access Transnisston SCrMices corp, dha veriton Access Transmission 5eryIces. cfL'y of Spokane A
valley i5 included as an ,A.dditionill Trtsured with respect to :he General Liehi lity pal icy. The General rzahll lty Honey Ghali
applyas rrin.Ery and Non-contributory lhsur'AnIa t3 each Additional Trr.ured listed 'herein. The abdvt-referenced ceneral 6-
L.iabliSy pvl'l y shall c�]ver° the tort Iiabl'llty bF 11le c..ertificate Holder asetil11ed unties the underly Ino nuteelneiTt hetsisen
Ir;LJ•slr'.s Tor ut,ich the ter tifitelt ha.s bEEA issue,!. JO
CERTIFICATE HOLDER CANCELLAVON al
SHOLA. .A.Nv 0I 1111E AIIOVE DESCRIBED. PONJEIss LIE CANCELLED OEFORE THE
ESFFRAT1DN OATS TI€REOE, Nome mi. BE deLnJeltED IN ACtOFJ 1Vr'E MTH ms
P OLICY PROVIb10 J3.
city of 5g ukAnif Valley JSLnrrlettEriuFLU,i: 3EN7AFr4'€ -
Attn.r 3O mohmah, P.E. i _':•1
Dap t;y City Manager
11707 I . [Sprague Awe,1 SLrite 304 J j �� ed e.-��
Spokane valley WA 99206 USA —
1)119613.2015 ACORO CORPORATION.All rights reserved.
ACO RD 25(20!G/03) The ACORD Immo and Iogo are registered marks of AC ORO
POLICY NUMBER COMMERCIAL GENERAL LIABILITY
GL 5196564 CO20120413
THIS ENDORENIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR UBDIVI ION OR POLITICAL
SUBDIVISION PERMITS OR AUTHORIZATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Di Governmental Agency Dr Subdivision Or Political Subdivision;
Any state, governmental or political agency or
subdivision that.grants you a permirt to perform work or conduct an
activity as o result of any contract or agreement you have entered
Intl.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is emended to in- a. "Bodily lniury", "property damage" or
tlorin as an additional insured any slate or personal and advertising injury' arising
governmental agency OF subdivision or political out of operations performed for the fed-
subdivision shown in the Schedule, subject to eral government, state or municipality; or
the following provisions= h. "Bodily injury" or "property damage" in-
1. TI-Rs insurance applies only with respect to cluded within the "products-completed
operations performed by you or on your be- operations hazard'.
nelf for 1Iich the stats; Or governmental B. With respect to the insurance afforded to these
agnney or subdivision or political subdivision additional insureds, the following it; added to
has issued a permit or authorization. Section III - Limits Of Insurance:
However; If coverage provided to the additional insured is
a. The insurance afforded to such additional regUired by a contract er agreement, the most
Insured only applies to the extent permit- we will pay ori behalf of the additional insured
tend by law; and is the amount of insurance:
b, 1f coverage provided to the additional in- 1. Required by the contract or agreement, or
surcd is repuired by a contract or agree- 2. Available under the applicable Limits of In-
merit, the insurance afforded to such ad- surance shown in the Declarations;
rlitional insured will not bebroader than
that which you are required by the conwhichever is less.
tract or agreement Lc provide for such This endorsement s]iall not Increase the applies-
additional Insured, tale Limits of Insurance shown in the Declara-
2. This insurance does riot apply to: tions.
CO 20 12 04 13 i Insurance Services Office, Inc., 2012 Page 1 of 1 0
FRANCHISE BOND
sw'eatehirtor Fires Insurance Company
436 liVnlriut Street. 10th Floor,Phila64l1lai PA I9I i7
Bond Nu.1(09667532
KNOW ALL NITAT BY THESE PRESENTS, that we,MCImetre Access Transmission Servieus Car'b°,ac
t`rtaic'pal,and Westchester Vire Insurance€'omtaaay. a corporation of the Co ntmorrwealth of Pennsylvania,as
Surety, are held and firmly lwranL]unto Civ of Spokane Valley 11707 E.Sprague Ave.Suite 4I4.Spokane Valley,
WA 99206,as Obligee,in the sura of Twenty-Five Thousand and NO/10D---Dollars,(S2.5,000.00)lawful
mime,of the i I riited Sinter of A inerlc to be paid tam said Obligee,its sucecssoris and assigns,jointly and se yerally.
firmly by lhcse presents,
WI II lt1.;AS,the ahirive bound Principal has entered iraro a WI'iKeil agreement,with the Obligee which grants a Franchise
to the Principal lu innstaall,oriel ale, remove,and maintain certain TeIccurnniTinientfunss F+ieilitii!a{rtcuted within the
Ili hts-of-War of the City.Principal ncipal la agreed to faithfully perform and observe and full]1 all I firms um'mud it to tiS
Ur_ala;' Fran i ti ie Isgreea net it referred to above Ali tl Soiiil to recmerlt i s itewhy mode a part of this bond with the like force
and effect ns if here in sit forth in length.
NOW,THEREFORE,lily lf)N ITIQN{3I+THIS ORi.IuAT1oN Is tit_:{'Ir.that if the above named Principal,Its
successors or aasigr>s: docs and shall well and Indy observe,perform and fulfill its.cabIigalion Bis sci iibrlh itt lite ahnae
trteattroned Franchise a ieement,for which a holed:moist he posted,then the above obligation io be void olhcrwisr to
remain in full f i i and effect.
The bond is subject,hnwelver,ttt ilte tillnwing expte s ttr 1II3tcn
FIR ti't': 1 hat In the even of a default an the tart of the Prii3ci fsalr its.successors or assigns,a written stairmenl of such
sTefinill with hull detail thereof shali be given ki Surely promptly,and in ai y event, within thirty(31))days ager the
tlbligcc shall learn of such default,such notice be delivered to Surety at its Home Office kit 436 Wain It Sired loth
Fioor,Philadelphia, PA I`nII71t+re,iaterrd malt,
SECOND.: 1 hat no claim,suit or action under this bond by reason of any such default shall be broughl against Surety
unlcss assatcd or commented within(12)ttksinllls slt3er the effc live tlate or any termination or cancellation of this
Ltond.
THIRD: Than this bond nntybe lerminntct,l or cancelled by Surety by Iholy(30);lays prior notice iIt writing to
Principal and to Obligee_ Such tctrninatron or cancellation shall not affect any liability incurred oriixnbel t tinder Ilio\
born]prior to Iite eirre1tleie u1sttelt lernuimtien The liability of the Swety shall he Ilrnitcd to the
amount act forth above and ix not cumulative.
FOURTH; Thal tie right ofm.liii rshrillawn tctinile 1EtlsboridIui''1 r1.1mttseofanyperciinotherthantheObligeu.
and its successors and assigns_
IN WITNESS WHEREOF, the above bi and Principal and the above bound Surety h Inv hereunto set their hands rid,
seals onthe y'I flay cry Mu _20it1 Ihis hood Iseffective.the iW day ofMay,2018_
7oIrnonSer Corp.
1
i—req.soferr Principal
Westchester Eire Insurance Company
By: 4 .. . iif.i~. J/ . _.I
Liainy D. C],i�'i,b, +1rll+ro,ty-]it fact
1 1
ACKNOWLEDGMENT BY SURETY
STATE
C))h' r1NAotu'i
ss.
City of St Louis
01l l xis I S day al M a '?{!i S ,bcf orc Inc personally
appeared Brittany D . C l:a vin knowi_M.Its use tr be the
Westchester Fire Insurance Corrptiny
the corporation
that executed the within instrument,and'acknowledged to me that such corporation executed the sarne.
IN WITNESS WHEREOF,OF, I have hereunto set my hand and affixed my official seal, at my office in the aforei.aid
( irialLy, Clic day:anal ytmr rlL C}n t t r1Jllraie I9r:ii 111Ia3'.c SS!r[lli'il.
Sandra L. Ham F i
}' CoIlllrl!?� i{Jlk pirc; [1 I f G IAA{}21 l o/ary G'LIG33i{'iii rlr{ �e}P4`.[al lvIi..ssoiiri
(Seal) County of St. Louis
C sr srnrrlt sir)l l #12460 G 77
S NDA,1NoHAM
y
Sealf stelyofoalof ssouriLo]ull county
cornmoion Elyrem JolualY 113, 4021
S-Et 41GEEF 2/48
I
Power of WE T NESTER FIRE INSURANCE COMPANY
Attorney
FLnnw:lll nren by the=,c r,rseI ti 7-:°1.1 5.1.1 TCHESTE:r1 FIFE r lw3Lf1.441r:E CLh PANY a Ltepal tllli:l1 ui i?unnlntM'AOIUt 0 PEnr velya-iu Fpu.e.JurlL Lu Uri hJIG.lnu Hunch.11rn..nri1Fnnri tli Iho 9uhfl of
FJeeiWra Pi Ire uuid Cu111ua1y on L'Iece1i,rer r I.11IFI5,lnwx..
'REG/CU/Er ,IrmL 511E iTjIlunlug due'tazo!lfns FG'aia[m ir,nac;laiLril rile mkt cm 1.Tal eiror 61I44 CUI11331V(or bonds,I lrrindnlurga,rorr gn da.L'ed.crafereCIS Una oILuir willlrn rrrtrnlllnnrnn rr
IFW Eunlliany aliLkleuJlillu Ilia atdiriElr{+]LSE¢of rtILnI'_1{rnrh o'.nirn Colr,nil1lie1"'l:
(1} E.'rc.liul LI ue Clmlialm I,u 19Pre dtnl enIJ lr9'JIrn Pcr Irrnn rf Idle Caipalir-s 11E.Eby dulh0:f2E.1109x€:unu=ri bdU5IMI GumraLmunLFs ai>JtnaehdiF 0l i1crnppfarYf,4lydix!he cn1t or[fire
r2} Ea_h duly 43p/imbed hi lit,rlEf+l.tack or rdni r{rrrpar;Ir+.S nnrmry a,hhoirrdin etetiule all'tIlIMr1 CzeuTIIr,?lr1,r i71r1 en heft'''.ul II=rairipail,y,Li ICIPSllfIiy?i1 ill Ihn!:omf1orle rr ulhnnsiae.IUUIe
eausre Thal JLaJh aUl'p151'JLPJIri7Eei]ay the.lrnrJt gr pruners rrrw1Lh1a rat ii still OSIECON wnr!n ak) ll1lrmLan clrh iltarr.ry.ln UM
P Egch of Ihft ChabriSBii,Ute Preidden1 and rm 4'IEa Ewrnilnrna at.e e C nnpuny is lim Eby aL11hDRE.tl,For 3r''1 rn rf-hml rr Ire Crnr'3nyl W eIlprirll rrsWllnf FLy pgr&nn h1'C alrnrnny in ruse or ihei
CUr1UuiiY Mill dl1CnWA5r Erl9 F,111,Ltmlf'+.0 axKrulq,for nfIllSr!Laeludi,:fL,e Conourq,undE€Ine6eal{+rthnt_nr.ipnny or nthrnlns_'-UI-7i'i`44 Bn Cr3Iliallir31r i-7 Coirlpanl•Ji.nrel!'e Iliedtred Ui
archw,uLe.y awirii whom,r,IIrr1spccdir..Ar!nnrl hn by Irrnnral Iyao ur LIIrb-t OF Wllrl@nCUIh191Ilme'r4ar by.mrrIIlLuGnn u1 IrIruI nude Lt3UILl3•W,ll+2n:-nirrIIIImnir
(4) Ea h ul be CIfalimx I,till!FrE-1 inn1 nnrl Vire Frv,li.nL-ti uielbiiiial,y la neatly yLflnLriaed,Iifrari rnr-1-..11 uF[Ile L'uu-7,JII.y,Lu.f5e9U'.aIn%%ailing any elhnr elf au of Rue annually Ula guLhLi lly
la cum:ale.,red and Carrleng.lrir Ihn 4.rrirpnnyl lnrlrr:he Ca-nua'I'9 aeJl ail r.21Pithikiiiii,BIU;h Ver11I0-1 r;ernrcrrr:'I!of the C.uirmirp a5 are fpeullbL1 ri F,'rh...mi.rn Unit-ly ni1o+.W7dI:l!il,airlwti]n envy
he31Ygeneral LppEu ciae9 cii1WIirlln tLr.n!rTUImcnls r.-by-nrrIFiLulEllltil maw Mune La1IcLiarWill Ian;'=lrairrillrnnnln.
In Li�rdn�ulLue r 91 Ir r:inoii'okleor p rvuli.lxrrlr'/lI lrrj'h 17rn Lonlnir11rrl i.ir E41ppilllrrrint at dOspuan rirsi-'Irn iii!Nil FuiLL
Fleai1i,gmf gie Beal gi Vie;r7in,r-ely,rnny Ianifdxud by ucy111111!Ln1
sjxh rVillrn CornmlLnrnII Ld Mi1181'.SEC+ir_,T=•nl UI0'^'lF!n'i.
FLLITHEF!RESOLVER Ina Ihn lnrrgnir0 Iena.iiii i-i =-mill:r.1 Le„eeu,rJ L..Lie.Vi ei 111!r+i',roil unnndne 1hr.fUk121a rind dull ullWy ul U:IILPLH,6-iGJGrinr:rlrI1 Mini'pr•.I_on!i hu JLI dur mid On beliBlr
CET ale CalTrai3Fiy,and ipnrh Fnrnlirinn ih.HI n-L lines an LYilnrm a_r'ei:i!lid.=A ir,r'B ci are y,Irli Firmerrr i,nlril711y nalrilyiarM veil ra1'Jf-. 71 4?51r-.1
DiiA&ItEIIatLy riGinillaid,Cer•sl'L4Jl2 dri'J Bernie'Enllnr.y L3I;1,=.ir1,Ci.nLrl r LCI ,_:. E`eh.a C 5.21rEaer,HP113'A ihlIlinunn,JIs81nn F.Frank,V it r IT.M.1 r.ndnlnli A Hr.-Imnr SnnfrraL I_rn m1 rf line Dly al
e"'ili2F7i LOLIl a,t£rsruul 1,63LIL inffvlUL'ally II Il`3r3 I-mrre lhr,n rno nnrnnll usi Ii.ii ui it u:fii auto i ay+,la3r.1,iri[flak !i chlln.nr-11 Inr.1iielii al in i59 t mint-311 BS IQ.ar•1 n irl Brad anlr --:1=11 bilrniu, .
Ln dduILabia yo,I r2GAI r.:a11L'a3'.ccriUdckk dlii rltirr:Ir111ri j,;In ir.!n,71„rr.Inrrelal IIr I,rlx.'_xa nil e!""-dE�,n5E+irl I i'I...III 1;,.'.N I.x-r_LAPS 6 ZERO CENTS 111F cLlrn Il'l!--n.11he m 1-.Lin LI s,Lli.nnl¢iph.TI
pen i.LunueofUtuneµaE-ehllbulli[tteStrur'irrgIu1. c1i,LCnnrr ,IRY J.1'04 ITI.5-,,,L4udII4'IByhdi1toil)EIL"1VpLrry110d;1mlacknnwleLiuhrdbyI.lerE• arlWElEniulr!uFfirntofIhrCrnnpp:nyarlesFIIalciyr!uFroe,
INWiTIiES,tiy11Lr`1EC_.,fie uici.lerllia,7'.I rlr'lref.VI .FFIIilr6^rr ll LlrTILc11r1 Ii'Ls=iU,e:UPit r29'llbarillilr.+ruyiIUcwprmtra=alai fiiemild WE l71EIlTERFIRE INS,LJRliFJCf..CF}Ih'F'Wl1r.l}ie'9.LtaYL1
rSrhnlu:r 417
ti r o WE:STCHESTER I--IRC INM4JNANF E CCr}APANY
.4 1. r44:14-11 ii\I:,..`
\.4 ..),
SI47. rn M.I[3noy,Vice Preiidcul
atti4lOtIWE TllOFPErIN_YLVA#f1A
CIJIJN FY OF PHIL rIDEL3011111 I L
On His 9 Llay Ld ULiLE,er,2fd17 betne illi d i4G1ely PL6i1C or rem F.rsmrinrrom:lull nr Fnlna)Cvalrl9 in Bred Inr me l hurl rd Ph1,LlrlFr`na rnmss.S,Iepren M.Nm-ey idaC ipsirIm11 rpl lir DP,y1 IJavorrl FMIE
lEISLRANC COF1PAi4'YiL,na HCIRaj'W Wrh! hI!lIcInlflacfu-Ilnnyr, r_rAtm:e,LLfeL3flueufi'{f-llr!g 1=Inlmnrt,andI--arhnrMeJyedfie!I.eeoei.uldUIh2EBrnaon1IhilFUmSeat ill',ed:1Ile
1+r=eelnL inthulnL'r.1.H.e.LLr}Ll18I89£ni!aFErtl CGrnOref,,t191 IFS sniriacnlmr.Ve.se&ark'146ifkllit'Jr6gars oily E211rcd hyo I1,1-lansrily;sad JiHUIii1of IIn1 End ccrr rallrn,rind lhni ri-tu!culiLr1,udLylhd b+.
he Eivan..I ur Frin:LLa1I uld.J y'CtnUaryr.i91 IHaL 45111 1N rcrrniilr.]Insllirtu:n!,Is rcrrr In F1i ii.
Ird TL l 1—FLU WI ICPCor I I w_r_Pile eu1Yli chi n~y!'Yn9 cid rorrnrl my ir-ci L shad u!.Ike CrlYhF PIUiHdalphi3 Ihn rlay and talc ErSI rnirMa ware..
� ; y efOliZAL1HOFPIIF:P1NIV V
ikr-, I \Ev 5 NOTARIAL SEAL
-Eli KAREN E.BRIINDT, +L1tiio
I
5 a5, .}fz, VIII a� �,,11ar PhH�yg i
ti / ' Mr"w• ,■1r, 1�ma #1"144‘714--
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I,iltr.,.ulien1y-meLJAei,ihluilln'i euro yiLhaLVE_1-C- iIFRFIRFI'l tJRANCCCt+FlPAWT,al.helebt;7n11plhnllnnnririi'1u:PJL'L.CI- TP-JF-=';al-dliti•aniliaFrcreinl it al 5aliarbdrifillisiWBEHll!ckinlEiCi
truly,lb In full force mid nlltr3 y y
in v,d9r2F.i. ririrrni,I!Min rereunlll 4LIb5.rf:_J IulY r..3!1 .a3 i hsisiEn1 5d7L7nry,arur Wiped IIS=Lu1 Fu.UL Sad ni iIi•3Cdnpcinmll,xi,Iilel - day t1 _,
111, l
+ '
Is
L§.M1i tkILGYI.•y elk_Ai1151Tt{1,S err1T.1Er7
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-11i13.PCMER OF AT fOINNEY MAY NCITEE'UE£1;1 TO E CLJT Ir Aro'LeUND WITH OM Ik4C.EPTIl Fi{}IIT r41.1F.1:1{5C7f)L3ER 09,2+71'5, 542
a i-}
potr,55'M-ttid54 r.,FI1 +,frr isor,',r.Ifry r eigrajl�l,plra bocktimiriti,("xot=sr11 71rii![rk GCiln-L•ea1.€;11a l;itir?rrn,lrk, Pal iTrrrnal'rIptilltiTF7 1-Y? Wii�r: `m iIL.i-�