HomeMy WebLinkAbout4213 Ordinance - Franchise Agr - Fatbeam LLCORDINANCE NO. '-f2.0
AN ORDINANCE granting a Franchise to Fatbeam, LLC for the location of fiber optic
cable within the right-of-way of the City of Pasco.
WHEREAS, an application has been received from Fatbeam, LLC, for the grant of a
franchise for the location of fiber optic cable to provide wholesale and enterprise
telecommunications services and bandwidth infrastructure services to be located within and
under the right-of-way of the City of Pasco, as specially granted by a negotiated Franchise
Agreement; and
WHEREAS, the parties have negotiated a Franchise Agreement in compliance with Title
15 of the Pasco Municipal Code and governing telecommunication franchises; and
WHEREAS, a public hearing on the grant of the franchise was conducted on the 16th day
ofMarch, 2015; and
WHEREAS, based upon the evidence received at the public hearing and the Staff Report,
the City Council determines it to be in the best interest of the citizens of the City ofPasco; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Grant of Franchise. Pursuant to Chapter 35A.47.040 of the Revised Code of
Washington, the City of Pasco grants to Fatbeam, LLC, a franchise for the location of fiber optic
cable offering wholesale and enterprise telecommunication services and bandwidth infrastructure
services to be located within the right-of-way of the City of Pasco as designated within the
Application of Fatbeam, LLC , as Franchisee, according to the terms and conditions of the
Franchise Agreement negotiated between Fatbeam, LLC, as Franchisee, and the City of Pasco, as
Franchisor, a copy of which is attached hereto and incorporated hereinby this reference as
Exhibit A .
Section 2. Signature Authorized. The City Manager is hereby authorized and directed to
execute that Franchise Agreement attached hereto as Exhibit A.
Section 3. Effective Date. This Ordinance, and the Franchise Agreement authorized
hereby, shall take full force and effect five (5) days after its approval, passage and publication as
required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 16th day of March, 2015 .
APPROVED AS TO FORM:
L.k~
Leland B. Kerr, City Attorney
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT entered into this / day ofMar , 2015, by and between the City of Pasco, Washington, a Washington
Municipal Corporation (hereinafter referred to as "City", and Fatbeam, LLC, an Idaho
Corporation (hereinafter referred to as "Franchisee").
WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City
to grant, permit, and regulate non-exclusive franchises for the use of public ways; and
WHEREAS, Franchisee has applied to the City for a non-exclusive franchise to enter,
occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic
facilities to offer and provide telecommunications service for hire, sale, or resale in the City of
Pasco; and
WHEREAS, a franchise is a legislatively approved master permit granting general
permission to a service provider to enter, use, and occupy the public ways for the purpose of
locating facilities subject to requirements that a franchisee must also obtain separate use permits
from the City for use of each and every specific location in the public ways in which the
franchisee intends to construct, install, operate, maintain, repair or remove identified facilities;
and
WHEREAS, a franchise does not include, and is not a substitute for any other permit,
agreement, or other authorization required by the City, including without limitation, permits
required in connection with construction activities in public ways which must be administratively
approved by the City after review of specific plans; and
WHEREAS, the City has conducted a public hearing on the 16th day of March, 2015,
and reviewed the application based upon the standards set forth in Pasco Municipal Code Section
15.10.050 (A); and
Franchise Agreement - Page 1
M
WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040
at the next regularly scheduled Council meeting following the public hearing pursuant to
Ordinance No. yd /3 ; and
WHEREAS, the City finds that the franchise terms and conditions contained in this
Agreement are in the public interest.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
other valuable consideration, the Parties do agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning
as defined in PMC 15.10.020. Terms not specifically defined therein shall be given their
ordinary meaning.
2. FRANCHISE.
A. The City grants to Franchisee, subject to the terms and conditions of this
Agreement and PMC Title 15, a non-exclusive franchise for providing wholesale
and enterprise telecommunications (i.e., data transmission) services and
bandwidth infrastructure services, not including voice, cable, video or other
residential services; and to enter, occupy, and use public ways for constructing,
installing, operating, maintaining, repairing, and removing wireline facilities
necessary to provide telecommunications services. Franchisee shall construct,
install, operate, maintain, repair, and remove its facilities at its expense.
B. Any rights, privileges, and authority granted to Franchisee under this Franchise
are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
public, and nothing in this Franchise excuses Franchisee from its obligation to
comply with all applicable general laws enacted by the City pursuant to such
power. Any conflict between the terms or conditions of this Franchise and any
other present or future exercise of the City's police powers will be resolved in
favor of the exercise of the City's police power.
C. Nothing in this Franchise excuses Franchisee of its obligation to identify its
facilities and proposed facilities and their location or proposed location in the
public ways and to obtain use and/or development authorization and permits from
the City before entering, occupying, or using public ways to construct, install,
operate, maintain, repair, or remove such facilities.
D. Nothing in this Franchise excuses Franchisee of its obligation to comply with
applicable codes, rules, regulations, and standards subject to verification by the
City of such compliance.
Franchise Agreement - Page 2
E. Nothing in this Franchise shall be construed to create a duty upon the City to be
responsible for construction of facilities or to modify public ways to
accommodate Franchisee's facilities.
F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable
television service.
G. Nothing in this Franchise shall be construed to create, expand, or extend any
liability to the City or to any third party user of Franchisee's facilities or to
otherwise recognize or create third parry beneficiaries to this Franchise.
3. TERM. Authorization granted under this Franchise shall be for a period of ten (10)
years from the effective date of this Franchise. The Franchise may be renewed as
provided in PMC Chapter 15.20. This Agreement shall be effective five (5) days
following the passage of an authorizing Ordinance and publication of this Franchise, or a
summary thereof, occurs in a newspaper of general circulation in the City pursuant to
RCW 35A.47.040, or upon execution by all parties hereto whichever occurs later.
4. LOCATION OF FACILITIES. Franchisee will locate its facilities as identified in the
Fiber Network Map drawings, attached hereto and incorporated herein by this reference
as Exhibit A; and will locate its facilities consistent with the requirements of PMC Title
15. Prior to installation of any facilities, Franchisee shall obtain all required City permits.
5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES
AND OTHER WORK.
A. All construction or installation locations, activities and schedules shall be
coordinated, as ordered by the City, to minimize public inconvenience, disruption
or damages.
B. At least twenty four (24) hours prior to entering a public way to perform
construction and installation activities or other work, Franchisee shall give notice,
at its cost, to owners and occupiers of property adjacent to such public ways
indicating the nature and location of the work to be performed. Such notice shall
be physically posted by door hanger. Franchisee shall make a good faith effort to
comply with the property owner or occupier's preferences, if any, on location or
placement of underground facilities, consistent with sound engineering practices.
6. HOLD HARMLESS AND ASSUMPTION OF RISK.
A. Hold Harmless.
Franchise Agreement - Page 3
1) Franchisee hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives against any and
all claims, costs, damages, judgments, awards, or liability, of any kind
whatsoever, to any person, including claims by Franchisee's own
employees to which Franchisee might otherwise be immune under Title 51
RCW, arising from injury or death of any person or damage to property
arising out of the acts or omissions of Franchisee, its officers, employees,
servants, agents or representatives.
2) Franchisee further releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives from any and all
claims, costs, damages, judgments, awards, or liability to any person,
including claims by Franchisee's own employees, including those claims
to which Franchisee might otherwise have immunity under Title 51 RCW,
arising out of Franchisee's exercise of the rights, privileges, or authority
granted by this Franchise which are made against the City, in whole or in
part, due to the City's ownership or control of the public ways or other
City property, by virtue of the City permitting the Franchisee's entry,
occupancy or use of the public ways, or based upon the City's inspection
or lack of inspection of work performed by Franchisee, its officers,
employees, servants, agents or representatives.
3) These hold harmless covenants include, but are not limited to claims
against the City arising as a result of the acts or omissions of Franchisee,
its officers, employees, servants, agents or representatives in barricading,
instituting trench safety systems or providing other adequate warnings of
any excavation, construction, or work in any public way or other public
place in performance of work or services permitted under this Franchise.
4) Franchisee further agrees to indemnify, hold harmless and defend the City,
its elected officials, officers, employees, servants, agents, and
representatives against any claims for damages, including, but not limited
to, business interruption damages and lost profits, brought by or under
users of the Franchisee's facilities as the result of any interruption of
service due to damage or destruction of the user's facilities caused by or
arising out of damage or destruction of Franchisee's facilities, except to
the extent any such damage or destruction is caused by or arises from the
active sole negligence of the City.
5) In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent
Franchise Agreement - Page 4
negligence of Franchisee and the City, Franchisee's liability hereunder
shall be only to the extent of Franchisee's negligence.
6) It is further specifically and expressly understood that the hold harmless
covenants provided herein constitutes the Franchisee's waiver of immunity
under Title 51 RCW. This waiver has been mutually negotiated by the
parties.
7) Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction or installation shall not be
grounds for avoidance of any of these hold harmless covenants. Said hold
harmless obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of
any litigation or the institution of any litigation.
8) In the event that Franchisee refuses the tender of defense in any suit or any
claim, said tender having been made pursuant to the hold harmless
covenants contained herein, and said refusal is subsequently determined
by a court having jurisdiction (or such other tribunal that the parties shall
agree to decide the matter), to have been a wrongful refusal on the part of
Franchisee, then Franchisee shall pay and be responsible for all of the
City's costs for defense of the action, including all reasonable expert
witness fees and reasonable attorneys' fees and the reasonable costs of the
City, including reasonable attorneys' fees of recovering under this hold
harmless clause.
B. Assumption of Risk.
1) Franchisee assumes the risk of damage to its facilities located in the City's
public ways from activities conducted by third parties or the City, its
elected officials, officers, employees, servants, agents, or representatives.
Franchisee releases and waives any and all claims against the City, its
elected officials, officers, employees, servants, agents, and representatives
for damage to or destruction of the Franchisee's facilities except to the
extent any such damage or destruction is caused by or arises from active
sole negligence of the City.
2) Franchisee bears sole responsibility to insure its property. Franchisee shall
ensure that its insurance contracts waive subrogation claims against the
City, its elected officials, officers, employees, servants, agents, and
representatives, and Franchisee shall indemnify, defend and hold harmless
the City, its elected officials, officers, employees, servants, agents, and
representatives against any and all subrogation claims if it fails to do so.
Franchise Agreement - Page 5
7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation
insurance and the following liability insurance policies insuring both Franchisee and the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds 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 to Franchisee:
A. Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than:
1) $5,000,000.00 for bodily injury or death to each person;
2) $5,000,000.00 for property damage resulting from any one accident; and
3) $5,000,000.00 for all other types of liability.
B. Automobile liability for owned, non -owned and hired vehicles with a limit of
1,000,000.00 per occurrence.
C. The liability insurance policies required by this section shall be maintained by
Franchisee throughout the term of this Franchise, such other periods of time
during which Franchisee's facilities occupy public ways, and while Franchisee is
engaged in the removal of its facilities. Franchisee shall provide an insurance
certificate, together with an endorsement naming the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers,
consultants, and volunteers as additional insureds, to the City prior to the
commencement of any construction or installation of any facilities pursuant to this
Franchise or other work in a public way. Any deductibles or self-insured
retentions must be declared to and approved by the City. Payment of deductibles
and self-insured retentions shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
Franchisee's insurance shall be primary insurance with respect to the City, its
officers, officials, employees, agents, consultants, and volunteers. Any insurance
maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Franchisee's insurance and shall not contribute
with it.
D. In addition to the coverage requirements set forth in this section, each such
insurance policy shall contain an endorsement in a form which substantially
complies with the following:
Franchise Agreement - Page 6
It is hereby understood and agreed that this policy may not be
canceled nor the intention not to renew be stated until 10 days after
receipt by the City, by registered mail, of a written notice
addressed to the Pasco City Manager of intent to cancel or not to
renew for reason of nonpayment of premium and until 30 days
after receipt by the City, by registered mail, of a written notice
addressed to the Pasco City Manager of intent to cancel or not to
renew for reason for any other reason."
E. At least ten (10) days prior to said cancellation or non -renewal, Franchisee shall
obtain and furnish to the City replacement insurance policies meeting the
requirements of this section.
8. SECURITY FUND. The fund described herein shall be considered an additional security
and protection above, beyond and in addition to those rights and remedies already
provided by other law including, but not limited to, PMC Title 15. Franchisee shall
establish and maintain a security fund in the amount of twenty thousand dollars
20,000), at its cost, with the City by depositing such monies, bonds, letters of credit, or
other instruments in such form and amount acceptable to the City. No sums may be
withdrawn from the fund by Franchisee without consent of the City. The security fund
shall be maintained at the sole expense of Franchisee so long as any of the Franchisee's
facilities occupy a public way.
A. The fund shall serve as security for the full and complete performance of this
Franchise, including any claims, costs, damages, judgments, awards, or liability,
of any kind whatsoever, the City pays or incurs, including civil penalties, because
of any failure attributable to Franchisee to comply with the provisions of this
Franchise or the codes, ordinances, rules, regulations, standards, or permits of the
City.
B. Before any sums are withdrawn from the security fund, the City shall give written
notice to Franchisee:
1) Describing the act, default or failure to be remedied, or the claims, costs,
damages, judgments, awards, or liability which the City has incurred or
may pay by reason of Franchisee's act or default;
2) Providing a reasonable opportunity for Franchisee to first remedy the
existing or ongoing default or failure, if applicable;
3) Providing a reasonable opportunity for Franchisee to pay any monies due
the City before the City withdraws the amount thereof from the security
fund, if applicable; and
Franchise Agreement - Page 7
4) Franchisee will be given an opportunity to review the act, default or
failure described in the notice with the City or his or her designee.
C. Franchisee shall replenish the security fund within fourteen (14) days after written
notice from the City that there is a deficiency in the amount of the fund.
D. Insufficiency of the security fund shall not release or relieve Franchisee of any
obligation or financial responsibility.
9. TAXES, CHARGES, AND FEES.
A. Franchisee shall pay and be responsible for all charges and fees imposed to
recover actual administrative expenses incurred by the City that are directly
related to receiving and approving this Franchise, any use and/or development
authorizations which may be required, or any permit which may be required, to
inspect plans and construction, or to the preparation of a detailed statement
pursuant to RCW Ch. 43.21C. Regular application and processing charges and
fees imposed by the City shall be deemed to be attributable to actual
administrative expenses incurred by the City but shall not excuse Franchisee from
paying and being responsible for other actual administrative expenses incurred by
the City.
1) Within fourteen (14) days of execution of this Franchise Agreement,
Franchisee shall pay to the City reimbursement for actual administrative
expenses incurred including, but not limited to, expenses for staff time,
legal review and publication in the amount of $2,000.00.
B. Franchisee shall pay and be responsible for taxes permitted by law.
10. VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way
which is subject to rights, privileges, and authority granted by this Franchise. If
Franchisee has facilities in such public way, the City shall reserve an easement for
Franchisee.
11. DUTY TO PROVIDE INFORMATION. Within ten (10) days of a written request
from the City, Franchisee shall furnish the City with all requested information sufficient
to demonstrate:
A. That Franchisee has complied with all requirements of this Franchise;
B. That taxes, fees, charges, or other costs owed or payable by Franchisee have been
properly collected and paid; and
12. RECORDS.
Franchise Agreement - Page 8
A. Franchisee will manage all of its operations in accordance with a policy of
keeping its documents and records open and accessible to the City. The City will
have access to, and the right to inspect, any documents and records of Franchisee
and its affiliates that are reasonably necessary for the enforcement of this
Franchise or to verify Franchisee's compliance with terms or conditions of this
Franchise. Franchisee will not deny the City access to any of Franchisee's records
on the basis that Franchisee's documents or records are under the control of any
affiliate or a third parry. Franchisee will take all steps necessary to assist the City
in complying with the Public Records Act, RCW Chapter 42.56, including
providing the City with a written statement identifying how long it will take to
produce records not immediately available, and for any records that are not
disclosed in whole or in part, a written statement from Franchisee's legal counsel
stating the authority upon which the documents are withheld.
B. All documents and records maintained by Franchisee shall be made available for
inspection by the City at reasonable times and intervals; provided, however, that
nothing in this section shall be construed to require Franchisee to violate state or
federal law regarding subscriber privacy, nor shall this section be construed to
require Franchisee to disclose proprietary or confidential information without
adequate safeguards for its confidential or proprietary nature.
C. One copy of documents and records requested by the City will be furnished to the
City at the cost of Franchisee. If the requested documents and records are too
voluminous or for security reasons cannot be copied or removed, then Franchisee
may request, in writing within ten (10) days of the City's request, that the City
inspect them at Franchisee's local office. If any documents or records of
Franchisee are not kept in a local office and/or are not made available in copies to
the City, and if the City determines that an examination of such documents or
records is necessary or appropriate for the enforcement of this Franchise, or to
verify Franchisee's compliance with terms or conditions of this Franchise, then all
reasonable travel and related costs incurred in making such examination shall be
paid by Franchisee.
13. NOTICES.
A. Any regular notice or information required or permitted to be given to the parties
under this Franchise may be sent to the following addresses unless otherwise
specified:
The City: City of Pasco
Attn: Dave Zabell, City Manager
525 North 3rd
Pasco WA 99301
Franchise Agreement - Page 9
Phone: (509) 545-3404
E -Mail Address: zabelld@pasco-wa.gov
Franchisee: Fatbeam, LLC
Attn: Kim Devlin
2065 W Riverstone Drive
Coeur d'Alene ID 83814
509) 344-1008
E -Mail Address: kim@fatbeam.com
B. Franchisee shall additionally provide a phone number and designated responsible
officials to respond to emergencies. After being notified of an emergency,
Franchisee shall cooperate with the City and make best efforts to immediately
respond to minimize damage, protect the health and safety of the public and repair
facilities to restore them to proper working order.
14. NON -WAIVER The failure of the City to exercise any rights or remedies under this
Franchise or to insist upon compliance with any terms or conditions of this Franchise
shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise
by the City and shall not prevent the City from demanding compliance with such terms or
conditions at any future time or pursuing its rights or remedies.
15. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and
the right of the City Council to repeal, amend or modify the Franchise in the interest of
the public. In any proceeding under eminent domain, the Franchise itself shall have no
value.
16. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active
sole negligence of the City, the City shall not be liable for any damage to or loss of any
facilities as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind on, in, under, over, across,
or within a public way done by or on behalf of the City.
17. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public
ways will be governed by the laws of the State of Washington, unless preempted by
federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless
preempted by federal law, and subject to the jurisdiction of the courts of the State of
Washington. Any action relating to this Franchise must be brought in the Superior Court
of Washington for Franklin County, or in the case of a Federal action, the United States
District Court for the Eastern District of Washington at Richland, Washington, unless an
administrative agency has primary jurisdiction. Prior to initiating any litigation under
this Agreement, the parties shall meet in a good faith effort to mutually resolve disputes.
Franchise Agreement -Page 10
18. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its
application to any person or entity should be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality will not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise nor its application to any other person or entity.
19. MISCELLANEOUS.
A. Equal Employment and Nondiscrimination. Throughout the term of this
Franchise, Franchisee will fully comply with all equal employment and
nondiscrimination provisions and requirements of federal, state, and local laws,
and in particular, FCC rules and regulations relating thereto.
B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize
qualified local contractors, including minority business enterprises and woman
business enterprises, whenever the Franchisee employs contractors to perform
work under this Franchise.
C. Descriptive Headings. The headings and titles of the sections and subsections of
this Franchise are for reference purposes only and do not affect the meaning or
interpretation of the text herein.
D. Costs and Attorneys' Fees. If any action or suit arises in connection with this
Franchise, the substantially prevailing party will be entitled to recover all of its
reasonable costs, including attorneys' fees, as well as costs and reasonable
attorneys' fees on appeal, in addition to such other relief as the court may deem
proper.
E. No Joint Venture. Nothing herein will be deemed to create a joint venture or
principal -agent relationship between the parties, and neither party is authorized
to, nor shall either party act toward third persons or the public in any manner that
would indicate any such relationship with the other.
Mutual Ne og tiation. This Franchise was mutually negotiated by the Franchisee
and the City and has been reviewed by the legal counsel for both parties. Neither
party will be deemed to be the drafter of this Franchise.
G. Third -Party Beneficiaries. There are no third -party beneficiaries to this Franchise.
H. Actions of the City or Franchisee. In performing their respective obligations
under this Franchise, the City and Franchisee will act in a reasonable, expeditious,
and timely manner. Whenever this Franchise sets forth a time for any act to be
performed by Franchisee, such time shall be deemed to be of the essence, and any
failure of Franchisee to perform within the allotted time may be considered a
Franchise Agreement - Page 11
material breach of this Franchise, and sufficient grounds for the City to invoke
any relevant remedy.
Entire Agreement. This Franchise represents the entire understanding and
agreement between the parties with respect to the subject matter and supersedes
all prior oral and written negotiations between the parties.
J. Modification. The parties may alter, amend or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification. Nothing in this subsection shall impair the City's
exercise of authority reserved to it under this Franchise.
K. Non -exclusivity. This Franchise does not confer any exclusive right, privilege, or
authority to enter, occupy or use public ways for delivery of telecommunications
services or any other purposes. This Franchise is granted upon the express
condition that it will not in any manner prevent the City from granting other or
further franchises in, on, across, over, along, under or through any public way.
L. Rights Granted. This Franchise does not convey any right, title or interest in
public ways, but shall be deemed only as authorization to enter, occupy, or use
public ways for the limited purposes and term stated in this Franchise. Further,
this Franchise shall not be construed as any warranty of title.
M. Contractors and Subcontractors. Franchisee's contractors and subcontractors must
be licensed and bonded in accordance with the City's ordinances, rules, and
regulations. Work by contractors and subcontractors is subject to the same
restrictions, limitations and conditions as if the work were performed by
Franchisee.
20. INCORPORATION BY REFERENCE. This Agreement, specifically by this
reference, incorporates PMC Title 15. In the event of any dispute between the terms of
this Agreement and the provisions of Title 15 as they now exist, the provisions of Title
15 shall control.
21. PUBLICATION. The City Clerk is authorized and directed to publish a summary
hereof in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160.
22. EFFECTIVE DATE. This agreement shall take effect five (5) days following the
passage of an authorizing ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto, whichever occurs later.
DATED this
W11 day of Ma rc_ 2015.
Franchise Agreement - Page 12
CITY OF PASCO
Appr ed as to Form:
Leland B. Kerr, City Attorney
Franchise Agreement - Page 13
FATBEAM,
677-c-&7 G Eer- , President
STATE OF WASHINGTON )
ss
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco,
to me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses
and purposes therein mentioned. --
A _ _-
SUBSCRIBED and sworn to before me this day of Y `
Qom
4 2015.
STATE OF IDAHO )
County of zCU4e -1a
Notary Public i d folFfe State
Residing at
My Commission Expires '
ss
N 0 TAq
T•,a al-IC
On this day personally appeared before me K/- "W', 6ev t i Yk President of Fatbeam,
LLC, to me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses
and purposes therein mentioned.
SUBSCRIBED and sworn to before me this 2S day of 2015.
J.
uuu un,,, Notary Public /in and for the State of Idaho
SV l IN %, / Residing at :,r J'A le„z , 0p 92) 1H
My Commission Expires IS 7 o2f
ptP
Franchise Agreement - Page 14