Req.#12933
ORDINANCE NO. 2 7 9 8 6
1 AN ORDINANCE relating to cable communications and franchise services;
2 granting the Unite Private Networks, L.L.C., a Delaware Limited Liability
Company, the nonexclusive right, privilege, authority, and limited
3 franchise to construct, operate, maintain, remove, replace, and repair
4 fiber-optic communications facilities in designated areas of City
right-of-way, together with equipment and appurtenances thereto, for the
5 transmission of data within and through those certain right-of-way areas,
streets, and public property within the City of Tacoma.
6
WHEREAS the Unite Private Networks, L.L.C. (hereinafter "Grantee"),
7
8 has applied for a nonexclusive limited franchise to operate and maintain
9 fiber-optic communication lines through certain herein designated public
io right-of-way areas within the City of Tacoma (hereinafter "City" or "Grantor"),
11 and
1 2 WHEREAS the Tacoma City Charter authorizes the City to grant
13
nonexclusive franchises for the use of City right-of-way, streets, and public
14
property; Now, Therefore,
1 5
1 6 BE IT ORDAINED BY THE CITY OF TACOMA:
1 7 Section 1. Purpose.
18 The City grants this nonexclusive limited franchise to Grantee to operate
19 and maintain fiber-optic communication lines and related facilities ("Facilities")
20 necessary to the operation of Grantee's business and to the health, safety, and
21
welfare of the community. This franchise is conditioned upon the terms and
22
23 conditions contained herein and Grantee's compliance with any applicable
24 federal or state regulatory programs that currently exist or may hereafter be
25 enacted by any federal or state regulatory agencies with jurisdiction over the
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Grantee and its use of the right-of-way. The purpose of this franchise is to
1
2 delineate the conditions relating to Grantee's use of the public's right-of-way,
3 streets and property and to create a foundation for the parties to work
4 cooperatively in the public's best interests after this ordinance becomes
5 effective. By granting this franchise, the City is not assuming any risks or
6 liabilities therefrom, which shall be solely and separately borne by Grantee.
7
Section 2. Right Conve
8
2.1 Grantor hereby grants, under the terms and conditions contained
9
10 herein, to Grantee, a limited liability company organized and existing under and
I I by virtue of the laws of the State of Delaware, and which is registered and
12 authorized to transact business within the State of Washington, the right,
13 privilege, authority, and franchise to construct, operate, maintain, remove,
14 replace, and repair the Facilities, together with all equipment and
15
appurtenances, as may be necessary thereto, for the transmission and handling
16
17 of electronic information and data, through and under those certain streets,
18 avenues, drives, and other public lands within the City of Tacoma, as
19 designated and more particularly described in Schedule 1, which is attached
20 hereto and expressly incorporated herein by this reference ("Franchised Area").
21 2.2 This franchise is only intended to convey a limited right and
22
interest as to that public property and those rights of way designated on
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Schedule I in which the City has an actual interest. It is not a warranty of title or
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interest in City road rights-of-way, nor is it a warranty of Grantee's right to locate
1
2 in any such area. None of the rights granted herein shall affect the City's ability
3 to use or jurisdiction over its property, streets or rights of way.
4 Section 3. Term.
5 Each of the provisions of this franchise shall become effective upon
6 Grantee's acceptance of the terms and conditions contained herein ("Effective
7
Date") and shall remain in effect for ten (1 0) years thereafter. Subsequently,
8
and in accordance with the terms and provisions of Tacoma Charter Article VI II,
9
10 City Council may consider renewing this franchise, at the written request of
I 1 Grantee, for any additional renewal period at any time within two (2) years
12 before the end of the franchise's original ten (1 0) year term, unless either party
13 expresses its intention in writing to terminate this franchise at the conclusion of
14 the original ten (1 0) year term.
15
Section 4. Compliance with Laws Standards and Policies.
16
17 Grantee shall, in carrying out any authorized activities under the
18 privileges granted herein, comply with all applicable federal, state and local
19 laws of any governmental entity with jurisdiction over the Facilities. This shall
20 include all applicable laws, rules and regulations, and published City of Tacoma
21 policies relating to Grantee's use of City right-of-way existing at the Effective
22 Date of this franchise or that may be subsequently enacted, modified or
23
amended by any governmental entity with jurisdiction over Grantee and/or the
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Facilities.
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Section 5. Construction on Public Properties.
2 5.1 This Section 5 shall apply to all construction done by Grantee in
3 the Franchised Area. Except in the event of an emergency, Grantee shall
4 provide Grantor at least thirty (30) calendar days' written notice prior to any
5 alteration, repair, replacement, removal, or other substantial activity, other than
6 routine inspections and maintenance, by Grantee, its agents, employees or
7
contractors on Grantee's Facilities or appurtenant structures on Grantor's
8
property. Said written notice shall include, at a minimum, detailed plans and
9
10 specifications, if any, and a detailed description of the proposed work and
I I anticipated time of the work. Such work shall only commence upon the
12 issuance of applicable permits by the City, which permits shall not be
13 unreasonably withheld or delayed. In the event of an emergency requiring
14 immediate action by Grantee for the protection of the Facilities, Grantor's
1 5
property or other persons or property, Grantee may take such action upon such
1 6
notice to Grantor as is reasonable under the circumstances.
17
18 5.2 All work done hereunder by Grantee or upon Grantee's direction
19 or on Grantee's behalf shall be undertaken and completed in a workmanlike
20 manner and in accordance with the descriptions, plans and specifications
21 provided to, and approved by, Grantor. Grantee's activities shall be conducted
22
in such a manner as to avoid damage or interference with other utilities, drains
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or other structures, and to interfere as little as possible with public travel, or
24
25 other municipal uses and the free use of adjoining property so as to provide
46 safety for persons and property. The Grantee's construction, maintenance and
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repairs shall be in compliance with all applicable laws and regulations of
1
2 governmental agencies with jurisdiction including, without limitation the City's
3 right-of-way restoration policy.
4 5.3 The City may condition the granting of any permit or other
5 approval that is required under this Franchise, at any time, on any lawful
6 condition or regulation, unless such condition or regulation is in conflict with a
7 federal directive, as may be reasonably necessary to the management of the
8
public right-of-way or the Grantor's property, including, by way of example and
9
10 not limitation, bonding, maintaining proper distance from other utilities,
I I protecting the continuity of pedestrian and vehicular traffic and protecting any
12 right-of-way improvements, private facilities and public safety.
13 5.4 Whenever it shall be necessary in constructing, maintaining,
14 repairing, relocating, removing or replacing any of the Grantee's Facilities in any
1 5
street, right-of-way area, or public property, the Grantee shall without delay, as
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1 7 soon as is commercially reasonable, and at Grantee's sole expense, remove all
18 debris and restore the surface of the street, or public property as nearly as
19 practicable to as good or better condition as it was in before the work began.
20 Grantee shall replace any property corner monuments, survey reference or
21 hubs that were disturbed or destroyed during Grantee's work in the areas
22 covered by this franchise. Such restoration shall be done in a manner
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consistent with applicable codes and laws, under the supervision of the City's
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25 Director of Public Works or his authorized designee and to the City's
reasonable satisfaction and specifications. Whenever restoration is required 47
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hereunder, the restoration shall be done under a letter of credit, bond or
assignment of funds in an amount appropriate to guarantee adequate
2
3 restoration.
4 5.5 Grantee shall continuously be a member of the State of
5 Washington one number locator service under RCW 19.122, or approved
6 equivalent, and shall comply with all such applicable rules and regulations.
7 Grantee shall provide reasonable notice to the City prior to commencing any
8
work or construction under this Franchise and additionally to those owners or
9
10 other persons in control of property abutting the Franchise Area when such
I 1 work or construction will affect access to such property or otherwise impact
12 such property or the private or public improvements within said area.
13 5.6 Upon acceptance of this franchise by Grantee, and as a condition
14 of this Franchise, Grantee shall make available to the City, upon the City's
15
written request and at no cost to the City, within sixty (60) working days from
16
17 construction completion of the Facilities, relevant as-built plans, maps and
18 records revealing the current location and condition of Grantee's Facilities
19 within the public right-of-way and public places.
20 5.7 Nothing in this franchise shall be deemed to impose any duty or
21 obligation upon Grantor to determine the adequacy or sufficiency of Grantee's
22 plans and designs or to ascertain whether Grantee's proposed or actual
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construction, testing, maintenance, repairs, replacement or removal is in
24
25 conformance with the plans and specifications reviewed by Grantor. Grantee
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shall ensure any contractor working on its job sites within the Franchise Area,
2 has a written safety plan addressing safety of all persons and property during
3 the performance of any work therein.
4 Section 6. Operations, Maintenance, Inspection and Testing.
5 Grantee shall operate, test, inspect and maintain its Facilities in full
6 compliance with all applicable laws, rules, regulations and policies as now
7 enacted or hereafter amended, and any other current or future laws or
8
regulations that are applicable to Grantee's Facilities.
9
Section 7. INTENTIONALLY OMITTED
10
I I Section 8. Relocation.
12 8.1 Relocation for Public Work. Grantee shall, by a time specified by
13 the Grantor, protect, support, temporarily disconnect, relocate, or remove any of
14 its Facilities when required by Grantor for work in furtherance of the public
15
health, safety, or welfare, which work includes, without limitation: traffic
16
17 conditions; public safety; public right-of-way construction; public right-of-way
18 repair (including resurfacing or widening); change of public right-of-way grade;
19 construction, installation or repair of sewers, drains, water pipes, power lines,
20 signal lines, tracks, or any other type of government-owned telecommunications
21 or public transportation systems, public work, public facility, or improvement of
22
any government-owned utility; public right-of-way vacation; or for any other
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public purpose where the work involved would be aided by the removal or
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25 relocation of the Facilities. Collectively, such matters are referred to as the
26 "public work."
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8.1.1 Granteemay,afterreceiptofwriftennoticerequestinga
2 relocation of its facilities under section 8. 1, submit to the City written
3 alternatives to such relocation within thirty (30) calendar days of receiving the
4 plans and specifications. The City shall evaluate such alternatives and advise
5 Grantee in writing if one or more of the alternatives are suitable to
6 accommodate the work that would otherwise necessitate relocation of the
7 Facilities. If so requested by the City, Grantee shall submit additional
8
information to assist the City in making such evaluation. The City shall give
9
10 each alternative proposed by Grantee full and fair consideration but retains sole
I I discretion to decide for itself whether to utilize its original plan or an alternative
1 2 proposed by Grantee. In the event the City ultimately determines that there is
13 no other reasonable alternative, Grantee shall relocate its Facilities as
14 otherwise provided in this Section.
1 5
8.1.2 Grantor shall work cooperatively with Grantee in
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1 7 determining a viable and practical route within which Grantee may relocate its
18 Facilities under this section 8, in order to minimize costs while meeting the
19 public work project objectives. Upon receipt of Grantor's notice, plans and
20 specifications, Grantee shall complete relocation of its Facilities so as to
21 accommodate the public work project at least ten (1 0) calendar days prior to
22
commencement of the public work project or such other time as the parties may
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agree in writing.
24
25 8.2 Notice. Except in the case of emergencies, the City shall provide
50 written notice, describing where the public work is to be performed, at least sixty
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(60) days prior to the deadline by which Grantee must protect, support,
1
2 temporarily disconnect, relocate or remove its Facilities. Grantee may seek an
3 extension of the time to perform such tasks where they cannot be performed in
4 sixty (60) days even with the exercise of due diligence, and such request for an
5 extension shall not be unreasonably refused.
6 8.3 Emergency Relocation, or Repair. In the event of an emergency,
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or where the Facilities create or are contributing to an imminent danger to
8
health, safety, or property, the City may protect, support, temporarily
9
10 disconnect, remove, repair or relocate any or all parts of the Facilities, without
I 1 prior notice, and charge the Grantee for costs incurred.
12 8.4 Relocation for Other than Public Work. The City reserves its
13 authority to require relocation of the Facilities located within the public
14 right-of-way, as provided for under applicable state, federal, and local law.
15
8.5 Redesign Option. As an alternative to relocation, Grantee may
16
17 propose an alternative design for the pending public work in order to avoid any
18 relocation of Grantee's Facilities. Such redesign proposal shall be subject to
19 review and approval by the City and all costs of the redesign, including, without
20 limitation, the costs actually incurred in the public work as a result of the
21 redesign shall be solely for Grantee's account. Approval and acceptance of any
22
such redesign proposal shall be at the sole discretion of the City.
23
Section 9. INTENTIONALLY OMITTED
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Section 1 0. Dispute Resolution.
10.1 In the event of a dispute between Grantor and Grantee arising by
2
3 reason of this franchise, or any obligation hereunder, the dispute shall first be
4 referred to the operational officers or representatives designated by Grantor
5 and Grantee to have oversight over the administration of this franchise. Said
6 officers or representatives shall meet within thirty (30) calendar days of either
7
partyIs request for said meeting, whichever request is first, and the parties shall
8
make a good faith effort to attempt to achieve a resolution of the dispute.
9
10 10.2 lntheeventthatthepartiesareunabletoresolvethedispute
11 under the procedure set forth in section 1 0. 1, then the parties hereby agree that
12 the matter shall be referred to mediation within Pierce County. The parties shall
13 mutually agree upon a mediator to assist them in resolving their differences. If
14 the parties are unable to agree upon a mediator, the parties shall jointly obtain a
15
list of seven (7) mediators from a reputable dispute resolution organization and
16
17 alternate striking mediators on that list until one remains. A coin toss shall
18 determine who may strike the first name. If a party fails to notify the other party
19 of which mediator it has stricken within two (2) business days, the other party
20 shall have the option of selecting the mediator from those mediators remaining
21 on the list. Any expenses incidental to mediation shall be borne equally by the
22 parties.
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10.3 If either party is dissatisfied with the outcome of the mediation,
24
25 that party may then pursue any available judicial remedies in Pierce County,
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provided, that if the party seeking judicial redress does not substantially prevail
1
2 in the judicial action, it shall pay the other party's reasonable legal fees and
3 costs incurred in the judicial action.
4 Section 1 1. Abandonment or Removal of Facilities.
5 In the event of abandonment or Grantee's permanent cessation of use of
6 its Facilities, or any portion thereof within the City of Tacoma, the Grantee shall,
7 within one hundred and eighty days (1 80) after the abandonment or permanent
8
cessation of use, remove the Facilities, secure the Facilities in such a manner
9
10 as to cause it to be as safe as is reasonably possible, or after petitioning the
I I City to be allowed to do so, decommission the Facilities in place, all in
12 compliance with applicable laws, regulations and industry standards. In the
1 3 event of the removal of all or a portion of the Facilities, Grantee shall restore the
14 Franchise Area as nearly as possible to the condition that existed prior to
15
installation of Grantee's Facilities and in compliance with the City's right-of-way
16
17 restoration policy. Such property restoration work shall be done at Grantee's
18 sole cost and expense and to Grantor's reasonable satisfaction. If Grantee fails
19 to remove, secure or decommission the Facilities, and/or fails to restore the
20 Franchised Area or take such other mutually agreed upon action, Grantor may,
21 after reasonable notice to Grantee, remove the Facilities, restore the
22 Franchised Area or take such other action as is reasonably necessary at
23
24 Grantee's expense and Grantor shall not be liable therefor. This remedy shall
25 not be deemed to be exclusive and shall not prevent the City from seeking a
26 judicial order directing that the Facilities be removed. 53
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Section 12. Nonexclusive Franchise.
1
2 This franchise is nonexclusive. Grantor reserves the right to grant other
3 franchises, easements, licenses, permits or other approvals to others, subject to
4 the rights granted herein, provided that Grantor shall not grant any other
5 franchise, license, permit or other approval which would substantially interfere
6 with Grantee's use. Grantor shall notify Grantee of any proposed franchise,
7
easement, license or permit for a utility or other structure which may be located
8
within ten (1 0) feet of Grantee's Facilities, as shown on the latest map Grantee
9
10 has provided the City. When the Grantor has notice that excavation,
11 construction or other work may be undertaken within ten (1 0) feet of Grantee's
12 Facilities, it shall notify Grantee so that Grantee may have the opportunity to
13 inspect the work to see that Grantee's Facilities are not damaged. If the
14 contractor undertaking the excavation, construction or other work is observed to
1 5
have violated safety regulations, Grantor will cooperate to the extent feasible in
16
17 pursuing an enforcement action to avoid third party damage to the Facilities.
18 This provision shall not create, either expressly or implicitly, nor shall the City
19 assume, any liability under any circumstances hereunder.
20 Section 13. Indemnification.
21 13.1 General Indemnification. Grantee shall indemnify, defend and
22 hold harmless Grantor from any and all liability, loss, damage, cost, expense,
23
and claim whatsoever, arising on or after the date of this Agreement, whether at
24
25 law or in equity, arising out of or related to, directly or indirectly, the
5426 construction, operation, use, location, testing, repair, maintenance, relocation,
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removal, abandonment or damage to Grantee's Facilities, or from the existence
of Grantee's Facilities and appurtenances, or for any information or other items
2
3 transmitted through the Facilities, from any and all causes whatsoever, except
4 to the extent they are caused by Grantor's sole negligence. If any action or
5 proceeding is brought against Grantor by reason of the Facilities, Grantee shall
6 defend the Grantor at the Grantee's sole expense, provided that, for uninsured
7 actions or proceedings, defense attorneys shall be approved by Grantor, which
8
approval shall not be unreasonably withheld.
9
10 13.2 Environmental Indemnification. Grantee shall indemnify, defend
1 1 and save Grantor harmless from and against any and all liability, loss, damage,
1 2 expense, actions and claims, arising on or after the date of this franchise, either
13 at law or in equity, including, but not limited to, costs and reasonable attorneys'
14 and experts'fees incurred by Grantor in defense thereof, arising from
1 5
(a) Grantee's breach of any environmental laws applicable to the Facilities or
16
(b) from any release of a hazardous substance on, from or as a result of the
1 7
18 Facilities being in the Franchise Area, or (c) other activity related to this
19 franchise by Grantee, its agents, contractors or subcontractors. This indemnity
20 includes but is not limited to (a) liability for a governmental agency's costs of
21 removal or remedial action for hazardous substances; (b) damages to natural
22 resources caused by hazardous substances, including the reasonable costs of
23
assessing such damages; (c) liability for any other person's costs of responding
24
25 to hazardous substances; (d) liability for any costs of investigation, abatement,
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correction, cleanup, fines, penalties, or other damages arising under any
1
2 environmental laws; and (e) liability for personal injury, property damage, or
3 economic loss arising under any statutory or common-law theory.
4 13.3 Definitions.
5 13.3.1 "Hazardous Substance" means any hazardous, toxic, or
6 dangerous substance, material, waste, pollutant, or contaminant, including all
7
substances designated under the Resource Conservation and Recovery Act, 42
8
U.S.C. 6901 et seq.; the Comprehensive Environmental Response,
9
10 Compensation and Liability Act, 42 U.S.C. 9601 et seq.; the Hazardous
I I Materials Transportation Act, 49 U.S.C. 1801 et seq.; the Federal Water
12 Pollution Control Act, 33 U.S.C. 1257 et seq.; the Clean Air Act, 42 U.S.C.
13 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; the
14 Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. 136 et seq.; the
15
Washington Hazardous Waste management Act, Chapter 70.105 RCW; and the
16
17 Washington Model Toxics Control Act, Chapter 70.105D, RCW; all as amended
18 from time to time; or any other federal, state, or local statute, code or ordinance
19 or lawful rule, regulation, order, decree, or other governmental authority as now
20 or at any time hereafter in effect. The term shall specifically include petroleum
21 and petroleum products. The term shall also be interpreted to include any
22 substance which, after release into the environment, will or may reasonably be
23
anticipated to cause death, disease, behavior abnormalities, cancer, or genetic
24
abnormalities.
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for liability for fines and penalties for violation of environmental laws and as
1
2 otherwise provided below. Insurance coverage shall include, but is not limited
3 to, all defense costs. Such insurance shall include, but is not limited to,
4 environmental liability coverage, at a minimum covering liability from
5 environmental incidents, subject to time element reporting requirements, and
6 such other applicable pollution coverage as is reasonably available in the
7
commercial marketplace. In the event that a deductible or self retention amount
8
applies to the insurance herein, Grantee agrees to pay the amount of that
9
10 deductible or self retention amount.
I 1 14.2 Proof of insurance and a copy of the insurance policy, including,
1 2 but not limited to, coverage terms and claims procedures, shall be provided to
1 3 the Grantor prior to the beginning of any substantial work, testing or
14 construction or reconstruction on the Facilities. Said insurance shall contain a
1 5
provision that it shall not be canceled without a minimum of thirty (30) days'
16
prior written notice to the Grantor, and shall include the City of Tacoma as a
1 7
18 named additional insured. All required liability policies shall be maintained for a
19 period of not less than three years following termination of this franchise.
20 14.3 The indemnity and insurance provisions herein under Sections 13
21 and 14 shall survive the termination of this franchise and shall continue for as
22 long as the Grantee's Facilities shall remain in or on the Franchise Area or until
23
the parties execute a new franchise agreement which modifies or terminates
24
25 these indemnity or insurance provisions.
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14.4 Performance Bond. Within thirty (30) days after the award of this
franchise, but in no event sooner than the final reading of the franchise
2
3 ordinance, Grantee shall submit to the City Attorney, which shall be filed with
4 the appropriate City department, a performance bond running to the City, with
5 good and sufficient surety licensed to do business in the State of Washington
6 and approved by the City in the amount of $15,000.00, conditioned that Grantee
7 shall well and truly observe, fulfill, and perform each term and condition of the
8
franchise. In the alternative, Grantee may provide written evidence of the
9
10 establishment of a Letter of Credit (also referred to as "LOC") in favor of the
I I City, in a form and with a financial institution acceptable to the City in the
12 amount of $15,000.00. This LOC shall be conditioned that in the event
13 Grantee shall fail to comply with any one or more of the provisions of this
14 franchise, then there shall be recoverable jointly and severally from the principal
15
and/or surety of such LOC, any damages suffered by the Grantor as a result
16
thereof, including the full amount of any compensation, indemnification, or cost
17
18 of removal, relocation or abandonment of Facilities as prescribed herein; said
19 condition to be a continuing obligation for the duration of the franchise and
20 thereafter until Grantee has liquidated all of its obligations with the City that may
21 have arisen from the acceptance of the franchise by Grantee or from its
22 exercise of any privilege herein granted. Written evidence of payment of
23
required premiums shall be filed and maintained with the City. In lieu of the
24
25 LOC, Grantee may provide for a bond, assignment of funds, or similar
26 arrangement to be established giving the City rights substantially the same as 59
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the rights of the City in relation to the LOC, the provisions of which bond,
assignment of funds, or other arrangement shall be subject to the approval of
2
3 legal counsel for the City.
4 Neither the provisions of this section, any LOC (or other security)
5 accepted by the City pursuant thereto, nor any damages recovered by the City
6 thereunder shall be construed to excuse faithful performance by Grantee or to
7 limit liability of Grantee under the franchise or for damages, either to the full
8
amount of the bond or otherwise, except as otherwise provided herein.
9
10 14.5 Validity of Letter of Credit. If at any time during the term of the
I I franchise, the condition of the entity issuing the LOC noted in Section 14.4 shall
12 change in such a manner as to render the LOC unsatisfactory to the City,
13 Grantee shall replace such LOC by a LOC of like amount and similarly
14 conditioned, issued by an entity satisfactory to the City. The City Council, from
15
time to time, may authorize or require appropriate and reasonable adjustments
16
in the amount of the LOC; provided, however, that prior to any required
17
increase in the amount of the LOC, the City shall give Grantee at least one
18
19 hundred twenty (120) days' prior notice thereof stating the exact reason for the
20 requirement. Such reasons must demonstrate a change in Grantee's business
21 practices or financial situation that would materially prohibit or impair its ability
22 to comply with the terms of the franchise or afford compliance therewith.
23
Section 15. Annual Franchise Fee.
24
25 15.1 In consideration for granting this franchise and for the use of the
60 26 Franchised Area, there is hereby established an annual fee of $3,190.00, paid
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in United States Dollars (the "Franchise Fee"). The first installment of the
Franchise Fee shall be paid within three (3) weeks of the time Grantee accepts
2
3 this franchise and shall cover the first twelve (1 2) months of operation. Each
4 succeeding installment shall cover the next twelve (12) month period and shall
5 be paid upon receipt of invoice, not later than the anniversary date of this
6 franchise's Effective Date. Interest shall accrue on any late payment at the rate
7 of twelve percent (12%) per annum.
8
15.2 Grantee agrees that it will obtain, pursuant to the City's currently
9
10 effective code and rates, any and all licenses, permits or other approvals
I I necessary for Grantee to operate, maintain or repair its facilities in the
1 2 franchised area. This shall include, by way of example only and not limitation,
13 inspection and permit costs associated with Grantee's work in the City's
14 right-of-way. The franchise fee set forth in section 15.1 does not include
15
standard and customary payments associated with the City's administrative
16
17 expenses incurred in reviewing, licensing, permitting or granting any other
18 approvals necessary for Grantee to construct, operate, maintain or repair its
19 Facilities or for any inspection or enforcement costs related thereto.
20 Additionally, the foregoing annual fee does not include any generally applicable
21 taxes that the Grantor may legally levy.
22 Section 16. Notice.
23
All notices, demands, requests, consents and approvals which may, or
24
25 are required to be given by any party to any other party hereunder, shall be in
26 writing and shall be deemed to have been duly given if delivered personally, 61
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sent by facsimile, sent by a nationally recognized overnight delivery service, or
1
2 if mailed or deposited in the United States mail and sent by registered or
3 certified mail, return receipt requested, postage prepaid to:
4 Grantor: Cable Communications and Franchise Services Manager
City of Tacoma
5 1224 IVILK Jr. Way
6 Tacoma, WA 98405
7 with copy to: City Attorney
City of Tacoma
8 747 Market Street, #1 120
Tacoma, WA 98402
9
10 Grantee: Unite Private Networks LLC
Attn: Legal
11 950 W. 92 Highway, Suite 203
Kearney, MO 64060
12
Fax: (816) 903-9401
13
14 or to such other address as the foregoing parties hereto may from time-to-time
15 designate in writing and deliver in a like manner. All notices shall be deemed
16 complete upon actual receipt or refusal to accept delivery. Facsimile
17 transmission of any signed original document, and retransmission of any signed
18 facsimile transmission shall be the same as delivery of an original document.
19
Section 17. Assignment and Transfer of Franchise.
20
21 17.1 lnaccordancewithTacomaCityCharterArticleVII1,Section8.5,
22 this franchise shall not be leased, assigned or otherwise alienated without the
23 express consent of the Grantor by ordinance, which approval shall not be
24 unreasonably withheld.
62 25
26
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17.2 Subject to the foregoing, Grantee and any proposed assignee or
2 transferee shall provide and certify the following to the City not less than ninety
3 (90) days prior to the proposed date of transfer:
4 17.2.1 Complete information setting forth the nature, terms and
5 conditions of the proposed assignment or transfer;
6 17.2.2 All information reasonably required by the City of a
7 franchise applicant under Tacoma City Charter Article VIII and any applicable
8
provisions of the Tacoma Municipal Code, as it may be amended from time to
9
10 time, with respect to the proposed assignee or transferee;
I 1 17.2.3 Any other information reasonably required by the City; and,
12 17.2.4 An application fee which shall be set by the City, plus any
13 other costs actually and reasonably incurred by the City in processing and
14 investigating the proposed assignment or transfer.
1 5
17.3 No transfer shall be approved unless the assignee or transferee
1 6
has at least the legal, technical, financial, and other requisite qualifications to
17
18 carry on the activities of the franchisee granted hereunder.
19 17.4 Any transfer or assignment of this franchise without the prior
20 written consent of the City as set forth herein shall be void and shall result in
21 revocation of the existing permit or franchise.
22
23
24
25
26 63
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Section 18. Reservation of Police Power.
All the rights and privileges granted in this franchise shall be governed by
2
3 the terms and conditions contained herein subject to the City's reservation of all
4 its police powers to enact ordinances that are necessary to protect the health,
5 safety and welfare of the general public.
6 Section 19. Termination.
7 19.1 Grantor may terminate this Agreement upon the occurrence of
8
any of the following events:
9
10 19.1.1 If Grantee materially breaches or otherwise fails to perform,
11 comply with or otherwise observe any of the terms and conditions of this
1 2 franchise or fails to maintain all required licenses and approvals from federal,
1 3 state, and local jurisdictions, and fails to cure such breach or default within thirty
14 (30) calendar days of Grantor's providing Grantee written notice thereof, or, if
1 5
not reasonably capable of being cured within thirty (30) calendar days, within
1 6
such other reasonable period of time as the parties may agree upon; or,
1 7
18 19.1.2 Grantee becomes insolvent, unable or unwilling to pay its
19 debts, or is adjudged a bankrupt; or
20 19.1.3 Grantee fails to maintain the full amount of, or to post a
21 performance bond, letter of credit or assigned funds as required under the
22 terms of this franchise.
23
19.2 This Agreement shall not be terminated except upon a majority
24
I vote of the City Council, after reasonable notice to Grantee and an
26
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V@I
opportunity to be heard, provided that if exigent circumstances necessitate
1
2 immediate termination, the hearing may be held as soon as possible after the
3 termination.
4 19.3 Grantor's right to terminate this franchise is in addition to and not
5 in limitation of any other remedy of Grantor at law or equity. Grantor's failure to
6 exercise such remedy at any time shall not waive Grantor's right to terminate or
7
assert any other remedy at law or equity for any future breach or default of
8
Grantee.
9
10 19.4 Termination of this franchise shall not release Grantee from any
I I liability or obligation with respect to any matter occurring prior to such
1 2 termination, nor shall such termination release Grantee from any obligation to
1 3 remove or secure the Facilities and restore the premises pursuant to Section 1 1
14 hereof.
1 5
Section 20. Legal Relations.
16
1 7 20.1 Grantee accepts any privileges granted hereunder by Grantor to
18 the franchised public right-of-way and other public property in an "as is"
19 condition. Grantee agrees that the City has never made any representations,
20 implied or express warranties or guarantees as to the suitability, security or
21 safety of Grantee's location of Facilities or the Facilities themselves in public
22 property or right-of-way or possible hazards or dangers arising from other uses
23
of the public right-of-way or other public property by the City or the general
24
25 65
26
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public. Grantee shall remain solely and separately liable for the function,
testing, maintenance, replacement and/or repair of the Facilities or other
2
3 activities permitted hereunder.
4 20.2 Grantee hereby waives immunity under Title 51 RCW in any
5 cases involving the Grantor and affirms that the Grantor and Grantee have
6 specifically negotiated this provision, to the extent it may apply.
7 20.3 This franchise ordinance shall not create any duty on the City or
8
any of its officials, employees or agents and no liability shall arise from any
9
10 action or failure to act by the City or any of its officials, employees or agents in
I I the exercise of powers reserved herein. Further, this ordinance is not intended
12 to acknowledge, create, imply or expand any duty or liability of the Grantor with
13 respect to any function in the exercise of its police power or for any other
14 purpose. Any duty that may be deemed to be created in the City hereunder
1 5
shall be deemed a duty to the general public and not to any specific party,
16
group or entity.
17
18 20.4 This franchise shall be governed by, and construed in accordance
19 with, the laws of the State of Washington and the parties agree that, in any such
20 action brought hereunder, except actions based on federal questions, venue
21 shall lie exclusively in Pierce County, Washington.
22 Section 21. Grantee's Acceptance.
23
This franchise ordinance shall be completely void if Grantee shall not file
24
25 its unconditional acceptance of this franchise within thirty (30) calendar days
66
26
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from the final passage of same by the City Council. Grantee shall file its
unconditional acceptance with the City's Finance Director and a copy of same
2
3 with the City Attorney's Office.
4 Section 22. Specific Performance.
5 The parties acknowledge that the covenants set forth herein are
6 essential to this franchise, and, but for the mutual agreements of the parties to
7 comply with such covenants, the parties would not have entered into this
8
franchise. The parties further acknowledge that they may not have an
9
10 adequate remedy at law if the other party violates such covenant. Therefore,
I I the parties shall have the right, in addition to any other rights they may have, to
12 obtain in any court of competent jurisdiction injunctive relief to restrain any
13 breach or threatened breach of or otherwise to specifically enforce any of such
14 covenants contained herein should the other party fail to perform them after
15
notice as provided herein.
16
Section 23. Miscellaneous Provisions.
1 7
18 23.1 All the provisions, conditions, terms and requirements contained
19 herein shall be binding upon the Grantee's successors and assigns. All of
20 Grantee's privileges, obligations, and liabilities shall inure to its successors and
21 assigns equally as if they were specifically mentioned in this franchise wherever
22 the Grantee is so mentioned.
23
23.2 Any modification, change or alteration to this franchise shall only
24
25 be effective if completed in a written ordinance duly approved by City Council
26 approving said modification, change or alteration. 67
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23.3 No failure by any of the foregoing parties to insist upon the strict
2 performance of any covenant, duty, agreement, or condition of this franchise or
3 to exercise any right or remedy consequent upon a breach thereof shall
4 constitute a waiver of any such breach or any other covenant, agreement, term
5 or condition. Any party hereto, by notice, and only by notice as provided herein
6 may, but shall be under no obligation to, waive any of its rights or any
7
conditions to its obligations hereunder, or any duty, obligation or covenant of
any other party hereto. No waiver shall affect or alter this franchise, and each
9
10 and every covenant, agreement, term and condition of this franchise shall
I I continue in full force and effect with respect to other then existing or subsequent
12 breach thereof.
13 23.4 The captions of this franchise ordinance are for convenience and
14 reference only and in no way define, limit, or describe the scope or intent of this
15
franchise.
16 JUN i 4 2011
Passed
1 7
18 Mayor
19
Attest:
20
21
22 City Clerk
23
Approved as to Form:
24
25
68 26 Deputytit;Atlorney
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FRANCHISE ACCEPTANCE BY GRANTEE:
1, the undersigned official of-UW YtJ 'IC LL,@-(the " GkA1-JT6e
am authorized to bind the ' 6@A -j -TE and to accept the terms and
conditions of the foregoing franchise (Ordinance No. 2-i9 bI. which are
hereby accepted by the Gcoqi-tic - this -7 4 day of T.L@r @@l
201 1. The foregoing date shall constitute the "Effective Date" of the Ordinance.
By:
Name: A/K
Title: cc-eli 611"i
Subscribed and sworn to before me this day of @klku 201.
CHRISTINE E. CHRISTENSEN
Notary Public, Notary Seal
State of Missouri Notary Public in and for the State of
Clay County
Commis M sion # 09694571
My Commission Expires April 1 1, 2013 M commission expires
Alr)(01
j -
Received on behalf of the City this day of J L; AI 20_U.
Name: Fric Andpr.-,()n
Title:
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0rd12933.doc-JHC/1ad
SCHEDULEI
"Franchised Area"
Aerial Franchised Area
That portion of Southwest quarter of Section 23 and
the Southeast and Southwest quarters of Section 22
and the Northwest quarter of Section 26 and the
Northeast and Northwest quarters of Section 27, all
in Township 21 North, Range 03 East of the
Willamette Meridian, City of Tacoma, Pierce County,
Washington, more particularly described as follows:
A 5.00 foot wide strip of the East 64th Street Right of
Way described as:
Beginning at the intersection of the East 64 th Street
and the East line of the Southwest quarter of the
Southwest quarter of said Section 23 and the East
line of the Northwest quarter of the Northwest quarter
of said section 26, which define the easterly limits of
the City of Tacoma; thence Westerly, within the East
64 th Street right-of-way, a distance of 4,273'feet,
more or less, to a point on the Easterly margin of
East "M" Street, said point hereinafter referred to as
Point "A", and the Terminus of this aerial description.
Use of the immediately foregoing is conditioned upon
the continued effectiveness of that certain Master
Pole Attachment Agreement between Franchisee
and City of Tacoma, Department of Public Utilities
(d.b.a. Tacoma Power) dated June 2, 2010 (the "Pole
Agreement"). Franchisee's right to use this area is
expressly made subject to all terms and conditions
of the Pole Agreement.
Underground Franchised Area
That portion of Southeast quarter of the Southwest
quarter of Section 22 and the Northeast quarter of
the Northwest quarter of Section 27, Township 21
North, Range 03 East of the Willamette Meridian,
-28-
Ord 1 2933.doc-JHC/lad
SCHEDULEI
"Franchised Area"
2
3 Aerial Franchised Area
4
That portion of Southwest quarter of Section 23 and
5 the Southeast and Southwest quarters of Section 22
6 and the Northwest quarter of Section 26 and the
Northeast and Northwest quarters of Section 27, all
7 in Township 21 North, Range 03 East of the
Willamette Meridian, City of Tacoma, Pierce County,
8 Washington, more particularly described as follows:
9 A 5.00 foot wide strip of the East 64th Street Right of
10 Way described as:
Beginning at the intersection of the East 64 th Street
and the East line of the Southwest quarter of the
12 Southwest quarter of said Section 23 and the East
line of the Northwest quarter of the Northwest quarter
13 of said section 26, which define the easterly limits of
the City of Tacoma; thence Westerly, within the East
14 64 th Street right-of-way, a distance of 4,273 feet,
15 more or less, to a point on the Easterly margin of
East "M" Street, said point hereinafter referred to as
16 Point "A", and the Terminus of this aerial description.
17 Use of the immediately foregoing is conditioned upon
18 the continued effectiveness of that certain Master
Pole Attachment Agreement between Franchisee
19 and City of Tacoma, Department of Public Utilities
(d.b.a. Tacoma Power) dated June 2, 2010 (the "Pole
20 Agreement"). Franchisee's right to use this area is
21 expressly made subject to all terms and conditions
of the Pole Agreement.
22 Underground Franchised Area
23
That portion of Southeast quarter of the Southwest
24 quarter of Section 22 and the Northeast quarter of
25 the Northwest quarter of Section 27, Township 21
North, Range 03 East of the Willamette Meridian,
26 -28- 70
Ord12933.doc-JHC/Iad
LEG 004 (11/89)
City of Tacoma, Pierce County, Washington, more
1 particularly described as follows:
2 A 1 0.00 foot wide strip of the East "M" Street and
3 alley rights-of-way described as follows:
4 Beginning at the above referenced Point "A"; thence
southerly, within the East "M" Street right-of-way, a
5 distance of 843 feet, more or less, to a point opposite
6 the alley right-of-way lying between Blocks 5 and 6
within the Plat of GOLDEN ROD FIRST ADDITION
7 TO TACOMA, as recorded in Volume 1 0 of Plats at
Page 102, records of Pierce County Auditor; thence
8 westerly, within said rights-of-way a distance of 350
feet, more or less, to the West line of said Plat, being
9 the East line of property owned by the Tacoma
10 School District #1 0 and currently operated as Boze
Elementary School, and the Terminus of this
1 1 underground description.
12 All situate in the City of Tacoma, County of Pierce,
State of Washington.
13
14
15
16
17
18
19
20
21
22
23
24
71 25
26
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0rd12933.doc-JHC/1ad
LEG 004 (11/89)
CITY CLERK USE ONLY
REQUEST FOR
Tacoma
d'rd-. RA
ORDINANCE F-1 RESOLUTION
1. DATE: April 25, 201 1
cll@
2. SPONSORED BY: COUNCIL MEMBER(S) information Technology (if no spons'o`r','efitV0NW.)
3a. REQUESTING 4a. CONTACT (for questions): PHONE:
DEPARTMENT/DIVISION/PROGRAM Jeff Lueders 253-591-5727
IT/EAS Citizen Solutions/Franchise
Services
3b. "Do PASS" FROM GPFC 4b. Person Presenting: PHONE:
F-@ Yes Jeff Lueders 253-591-5727
El No
E To Committee as information only
F-j Did not go before a Committee 4c. ATTORNEY: Jeff Capell PHONE: 253-591-5638
3c. DID THIS ITEM GO BEFORE THE
PUBLIC UTILITY BOA"?
E-1 Yes, on
X Not required
-j7 Bu C
5. REQUESTED COUNCIL DATE: May 24, 11
Unite Private Networks LLC is waiting to begin construction for Tacoma and Puyallup Public Schools
6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
Limited Area Franchise between Unite Private Networks and City of Tacoma
7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
Unite Private Networks LLC is seeking a Limited Area Franchise Agreement with the City of Tacoma
that will allow their customers (Tacoma Public Schools and Puyallup Public Schools) to connect
computer networks via fiber optic cable for the purpose of Off-Site Storage of Data for recovery in
case of an emergency. Unite Private Networks LLC has contracted with its customer (TPS/PPS) to
install fiber optic cable from point to point.
The total install will be approximately 1.3 miles and will run in both the Cities of Puyallup and
Tacoma. The run in Tacoma is approximately 1/2 of the total, making the Tacoma portion less than 1
mile ending at Boze Elementary. The installation will consist of approximately 1/4 mile that will be
underground with the balance being aerial. Unite Private Networks LLC has agreed to pay $
3,11 90.00 annually as a franchise fee for the duration of the 1 0 year agreement.
The franchise fee is calculated by taking the property value multiplying it by the right of way being
utilized and multiplying that subtotal by a percentage (2.5%). The calculation comes directly from the
Street Occupancy Permit Code (TIVIC 9.08) which addresses private occupancy of the public right of
way. This calculation has been utilized in a similar franchise agreement approved by the City Council
with the Port of Tacoma in 201 0. 72
cotclerk\fonns\ ReqiiestResoliitiotiOrdiiiaiice.doc Office of the Cihj Clerk (011071201 1)
CITY CLERK USE ONLY
REQUEST (CONT) Request 2 ei_-33
Ord/Res ZY9615
UNITE PRIVATE NETWORKS LLC has an approved Pole Attachment agreement with Tacoma
Public Utilities for the aerial portion of this project. Unite Private Networks LLC will be subcontracting
the installation with a local firm SEFNCO Communications of Sumner. The Review Panel has
reviewed the plans and Unite Private Networks LLC was responsive and has made the necessary
changes to gain final approval. Unite Private Networks LLC and SEFNCO are ready to obtain
permits and begin construction upon approval of this franchise agreement.
8. LISTALLMATERIALAVAILABLEASBACKUPINFORMATIONFORTHEREQUESTANDINDICATEWHEREFILED:
Source Documents/Backup Material Location of Document
9. WHICHOFTHECITY'SSTRATEGicGOALsDOEsTHISITEMSUPPORT?(CHECKTHEGOALTHATBESTAPPLIES)
A. X A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
B. F-1 A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
C. F A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT
10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:
THIS IS A 10 YEAR AGREEMENT.
11. FINANCIALIMPACT: El EXPENDITURE X REVENUE
A.F] No IMPACT (NO FISCAL NOTE)
B. F]YES, OVER $ 1 00,000, Fiscal Note Attached
C.X YES,tJNDER$100,000,(NOFISCALNOTE)
Provide funding source information below:
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ city $ Other $ 3,190.00 Total Amount $ 31,900
Revenue (over 10 years)
Annually
IT Cable TV Fund
1431
If an expenditure, is it budgeted? El Yes El No Where? Cost Center:
Acct
73
cotc1erk\Jb"ns\ ReqiiestResolittioii0rdiiiaiice.doc Office of the City Clerk (011071201 1)
Wow City of Tacoma Memorandum
DATE: April 25, 2011
TO: Eric Anderson, City Manager
FROM: Michelle Lewis-Hodges, Director, IT Departme
SUBJECT: Supplemental information for Council Action May 24, 20011 regarding a Limited Area Franchise
Agreement with Unite Private Networks LLC
This Limited Area Franchise Agreement was briefly discussed at the end of the April 20th GPFC meeting.
The decision was to provide communication via memorandum instead of discussion at the May 4th
meeting. This memorandum provides information about the project and the franchise agreement
benefiting Tacoma Public Schools and the Puyallup Public Schools.
Background
The Tacoma Public Schools (TPS) and the Puyallup Public Schools (PPS) have been trying to identify a
location for off-site data storage to access in case of an emergency. The two school districts began
discussing the possibility of joining their computer data networks for this purpose and hired Unite Private
Networks LLC (UPN) to determine the feasibility, cost and project management. Unite Private Networks
is now seeking a Limited Area Franchise Agreement with the City of Tacoma that will allow the
installation of fiber optic cable, a portion of which will be located in the City's right of way (ROW).
Project Scope
Unite Private Networks LLC is under contract with its customers, TPS and PPS, to install approximately
1.3 miles of fiber optic cable from TPS' Boze Elementary School to PPS's ITC Data Center. The portion
inside Tacoma city limits will be less than I mile with approximately V4mile installed underground with
the balance mounted on existing poles.
UPN has agreed to pay $ 3,190.00 annually as a franchise fee for the duration of the I 0-year agreement.
The franchise fee is calculated by taking the property value divided by the right of way being utilized and
multiplying that subtotal by a percentage (2.5%). This calculation has been utilized in a similar limited
area franchise agreement approved by the City Council with the Port of Tacoma in 201 0.
UPN will be subcontracting the installation with a local firm SEFNCO Communications of Sumner.
A review panel made up of Public Works - Environmental Services, Traffic Engineering, Engineering,
Construction, Real Estate Services, Economic Development - Building and Land Use, Tacoma Water,
Tacoma Power's Transmission & Distribution and Electrical Inspection, and Customer Service have
reviewed and approved the plans. UPN and SEFNCO are ready to obtain permits and begin construction
upon approval of this franchise agreement. UPN established a pole attachment agreement with TPU
executed in June of 201 0 for the aerial portion of this project.
74
Legal has reviewed the contract documents. Because the fiber will be owned by a third-party (UPN) and
leased to the school districts, we will not need an inter-local agreement with the City of Puyallup. The
City of Tacoma is approving the portion of the project that is within the City of Tacoma right-of-way
(ROW).
In the three week construction timetrame, there will be minor ROW impacts along the underground
portion, all areas will be restored to previous condition and temporary traffic impact during the aerial
portion of the project.
UPN, as the provider, is responsible for the maintenance of the fiber optic cable. The TPU Pole
Attachment agreement outlines who can work on TPU poles. The City is not responsible to maintain the
fiber optic cable nor any costs associated with maintenance.
Puyallup school district is making modifications to their computer systems the first week of July.
According to UPN, it is imperative that Puyallup School District has this disaster recovery system
operating prior to taking their system down, as a preventive measure, and they have requested the City of
Tacoma's assistance in accomplishing this goal.
Benefits
Both Tacoma and Puyallup Public Schools will benefit from this agreement, as they will be able to store
data off-site in preparation for a future data recovery emergency. Unite Private Networks LLC benefits as
they receive payment for their services due to leasing the fiber to their customers JPS and PPS). This
private telecom provider has negotiated in good faith and made recommended changes to their plans
based on the review panel's suggestions. Approving this agreement supports the City Manager's Strategic
Goal of a high-perfortning, open and engaged governinent. The city has a history of entering into
franchise agreements with private companies that wish to do business in the City, and abide by our City
code, and negotiated franchise agreements.
Jeff Lueders, IT/Citizen Solutions/Cable Communications & Franchise Services Manager is available to
answer any questions at 253-591-5727.
Ordinance No. '27986-
First Reading of Ordinance: MAY; 2A 20114
Final Reading of Ordinance: - JUN 1 4 20ii
Passed: JUN 1 4 2011
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Fey
Mr. Lonergan
Mr. Manthou
Mr. Mello
Ms. Walker
Ms. Woodards
Mayor Strickland
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Fey
Mr. Lonergan
Mr. Manthou
Mr. Mello
Ms. Walker
Ms. Woodards
Mayor Strickland
k1ccagendMagenda, procedures and formsbrdinancevotingrecorddoc
Ordinance 27986 Unite Private Networks LLC Fiber Installation path OYCAMCWE. f\O. Q-RE40
Aedal
Underground
13.3.2 "Environmental Laws" shall include the Resource Conservation
2 and Recovery Act, 42 U.S.C. 6901 et seg.; the Comprehensive Environmental
3 Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seg.; the
4 Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seg.; the Federal
5 Water Pollution Control Act, 33 U.S.C. 1257 et seg.; the Clean Air Act, 42
6 U.S.C. 7401 et seg.; the Toxic Substances Control Act, 15 U.S.C. 2601 et
7
seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et
seq.; the Occupational Safety and Health Act, 29 U.S.C. 651 et seg.; the
9
10 Washington Hazardous Waste Management Act, Chapter 70.105 RCW; and the
11 Washington Model Toxics Control Act, Chapter 70.105D RCW; all as amended
12 from time to time; or any other federal, state, or local statute, code, or ordinance
13 or federal or state administrative rule, regulation, ordinance, order, decree, or
14 other governmental authority as now or at any time hereafter in effect pertaining
15
to the protection of human health or the environment.
16
17 Section 14. Insurance, Performance Bond and Security.
18 14.1 During this Agreement, Grantee shall provide and maintain, at its
19 own cost, insurance in the minimum amount of Two Million United States
20 Dollars ($2,000,000.00) each occurrence, in a form and with a carrier
21 reasonably acceptable to the Grantor, naming Grantor as an additional insured
22 for ongoing operations and completed operations, to cover any and all insurable
23
liability, damage, claims and loss as set forth in Section 13.1 above, and, to the
24
25 extent such coverage is reasonably available in the commercial marketplace, all
26 liability, damage, claims and losses as set forth in Section 13.2 above, except 57
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