2021/01/27 Council Agenda Packet

Grantee acknowledges that the City is subject to the Public Records Act, chapter 42.56 RCW (the "Act."). All records owned used (including inspection of Grantee's records), or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or Grantee. Grantee shall cooperate with the City so that the City may comply with all of its obligations under the Act. Within ten (10) days after receipt of notice from the City, Grantee shall deliver to the City copies of all records relating to this Franchise that the City determines qualify as the City's public records under the Act. If the City receives a public records request relating to this Franchise, the City shall seek to provide notice to Grantee at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to Grantee for any failure of the City to provide such notice. In addition to its other indemnification and defense obligations under this Franchise, Grantee shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to, attorney s fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Grantee to comply with this Section 8. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION 8.1. Right to Construct Subject to applicable laws, regulations, rules, design standards, resolutions, permits and ordinances of the City and the provisions of this Franchise, Grantee may perfoun all construction in the Rights - of -Way for any Facility needed for the construction or maintenance of Grantee's Telecommunications System 8.2. General Standard All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. All installations of equipment shall be durable and installed in accordance with good engineering practices. 8.3. Permits Required for Construction Prior to doing any work in the Right -of Way or other public property, Grantee shall apply for, and obtain, appropriate permits from the City. As part of the permitting process, the City may impose such conditions and regulations as are necessary for the purpose of protecting any structures in such Rights -of -Way, proper restoration of such Rights -of -Way and structures, the protection of the public, and the continuity of pedestrian or vehicular traffic. Structures may include but are not limited to, water, sewer, and stain' mains Such conditions may also include the provision of a construction schedule and maps showing the location of the Facilities to be installed in the Right -of -Way. Grantee shall pay all applicable fees for the requisite City pennits received by Grantee. 8.4. Emergency Permits In the event that emergency repairs are necessary, Grantee shall immediately notify the City of the need for such repairs. Grantee may initiate such emergency repairs immediately, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency {DPK2242501.DOCX;4/13113.000007/ 1 Wireline Franchise 17 of 30