HomeMy WebLinkAboutHearing Notice re Bonneville Power Franchise JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners(BoCC)
FROM: Monte Reinders, P.E., Public Works Director
DATE: December 1,2025
SUBJECT: HEARING NOTICE re: Bonneville Power Administration(BPA)Franchise; Hearing
to be held on December 22,2025 at 2:00 p.m. in the Commissioners Chambers' located
at 1820 Jefferson St. Port Townsend, WA 98368(HYBRID)
STATEMENT OF ISSUE:
The United States of America, Department of Energy, Bonneville Power Administration has applied for a
renewal of a nonexclusive franchise to construct,maintain, and operate components of an electrical
transmission and distribution system in County rights-of-way in eastern Jefferson County.
ANALYSIS:
In accordance with RCW 36.55.040,upon application to the County legislative authority for a franchise, the
BoCC shall fix a time and place for hearing the same and shall give public notice at the expense of the
applicant.
Attached to this Agenda Request is the proposed Franchise Resolution for the BoCC's consideration. Public
Works is requesting the BoCC schedule a public hearing for Bonneville Power Administration(BPA)
Franchise. Public Works is complying with the public notice requirements of RCW 36.55.040 by publishing
the public hearing notice twice in newspaper of record, The Port Townsend&Jefferson County Leader,
posting the hearing notice in three public locations in the county, including the County Courthouse, Port
Townsend Post Office, and City of Port Townsend Library, and ensuring the public hearing notice is posted
as an announcement on the County's internet home page.
FISCAL IMPACT:
All costs related to the advertising costs for the hearing notice and the installation,maintenance and repair of
the utilities under this Franchise shall be the responsibility of the applicant.
RECOMMENDATION:
The BoCC approve the hearing notice and schedule a public hearing on the Franchise Resolution at 2:00 PM
on Monday, December 22, 2025.
Department Contact:
Josh Thornton, Real Property Specialist, 360-385-9162.
REVIEWED BY:
1 as ap
Jos Peters, County Administrator Date
NOTICE OF PUBLIC HEARING
Bonneville Power Administration (BPA) Franchise
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for Monday,December 22,2025,at 2:00 n.m. in the Commissioners' Chambers,County
Courthouse, 1820 Jefferson Street,Port Townsend, WA 98368(HYBRID).Notice of said hearing is to be
published in the official newspaper of Jefferson County.
During the hearing,testimony will be taken concerning a resolution to grant the United States of America,
Department of Energy,Bonneville Power Administration a nonexclusive franchise to survey, install,
construct,repair,replace,upgrade,maintain,relocate,modify,extend,remove,operate, inspect,patrol,and
operate components of an electricity transmission and distribution system in County rights-of-way in eastern
Jefferson County,the franchise area would include all County Road rights-of-way located within:
• Sections 3, 4, 9, 16, 17, 20, 29, 30 & 31, Township 25 North, Range 2 West, W.M.
• Section 36, Township 25 North, Range 3 West, W.M.
• Sections 1, 12, 13, 14, 23, 26, 34 & 35, Township 26 North, Range 2 West, W.M.
• Section 6,Township 27 North, Range 1 West, W.M.
• Sections 1, 12, 13, 24, 25 & 36, Township 27 North, Range 2 West, W.M.
• Sections 6, 7, 18, 19, 30 & 31,Township 28 North, Range 1 West, W.M.
• Sections 30 & 31,Township 29 North, Range 1 West, W.M.
• Sections 21, 22, 25, 26 & 27, Township 29 North, Range 2 West, W.M.
The information is available for viewing on the County website by visiting: www.co.jefferson.wa.us and
follow this pathway-Services-Laserfiche Web Portal(username and password is: public)-Board of
Commissioners-BOCC Agenda Packets-2025 Weekly Agenda Items- 12 December 2025- 122225-
HEARING re: Bonneville Power Admin.
You are welcome to participate in this hearing.You will need to join the meeting by 10:00 a.m.using the
following methods:VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705,PHONE:
Dial 1-253-215-8782 and enter access code: 937-7784-1705#and press *9 to"raise your hand"to be called
upon.Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-
6384,or IN-PERSON:In the BOCC Chambers.If you experience difficulties joining the meeting or viewing
documents,please call 360-385-9100 to report any issues.
In addition,written testimony is also invited beginning on December 1,2025 and ending on December 22,
2025 at the end of the Public Hearing,unless extended by the Board of County Commissioners.Written
public testimony may be submitted by Email to:jeffbocc@co.jefferson.wa.us.You may view testimony
received by visiting: vvww.co.jefferson.wa.us and following this pathway-Services-Laserfiche Web Portal
(username and password is: public)-Board of Commissioners-BOCC Agenda Packets-2025 Weekly
Agenda Items- 12 December 2025- 122225-HEARING re: Bonneville Power Admin.
You can also Mail your testimony to: Jefferson County Commissioners' Office;P.O. Box 1220,Port
Townsend,WA 98368. Written testimony must be received by the Board of County Commissioners by the
end of the hearing testimony period.
Signed this lst day of December,2025.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Heidi Eisenhour,Chair
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In The Matter of the Application by the
United States of America,Department of
Energy,Bonneville Power Administration RESOLUTION NO.
For a Nonexclusive Grant of Franchise to Granting A Nonexclusive Franchise
Construct,Maintain, and Operate Electrical
Transmission Facilities Within a Portion of
Uninco 'orated Jefferson Coun
WHEREAS, Jefferson County granted franchises to the United States of America,
Department of Energy, Bonneville Power Administration (Grantee) to construct, maintain, and
operate electric power transmission facilities in County rights-of-way in unincorporated eastern
Jefferson County dated May 2, 1949; May 3, 1965; May 6, 1966; and June 7, 1968 as amended
September 23, 1968 (the Prior Franchises); and,
WHEREAS, all of the Prior Franchises had a term of fifty (50) years and have therefore
expired; and,
WHEREAS, adoption by the Jefferson Board of County Commissioners (Board) of a
resolution granting a nonexclusive franchise to Grantee to survey,install,construct,repair,replace,
upgrade, maintain, relocate, modify, extend, remove, operate, inspect, patrol, and use Facilities
consisting of overhead cables, lines, circuits, towers, poles, and other related appurtenances,
including appurtenances for communication facilities, in, upon, over, under, along, through and
across the Franchise Area in unincorporated Jefferson County (the County) for the purpose of
transmission of electrical power; setting forth terms and conditions accompanying the grant of the
nonexclusive franchise; and providing for the County administration and regulation of the
nonexclusive franchise would memorialize the relationship between Grantee and the County; and
WHEREAS, chapter 13.56 of the Jefferson County Code (JCC) requires utility providers
who occupy County rights-of-way to obtain a franchise from the County and pay all fees provided
therein; and
WHEREAS, Grantee has applied to the Board, pursuant to Chapter 36.55 RCW and
Chapter 80.32 RCW,and has paid the applicable application fee for a nonexclusive franchise; and
WHERERAS, Grantee has adopted a Vegetation Management Plan(VMP) that
substantially conforms to JCC 13.56.380 Vegetation Management; and
WHEREAS, since Grantee's VMP did not specifically address the following provisions
of JCC 13.56.380 local to Jefferson County,they are addressed in EXHIBIT C and incorporated
herein by reference; and
WHEREAS, Chapter 13.56 JCC specifies standards and procedures for granting
Bonneville Power Administration—Franchise 1
franchises for utility providers to occupy County rights-of-way; and
WHEREAS, the Board finds that granting this Franchise is consistent with the
requirements of JCC 13.56.080 in that:
a) Grantee has the financial and technical ability to fulfill its obligations under a franchise
granted by the County;
b) Grantee has legal standing to be granted a franchise;
c) The County rights-of-way within the Franchise Area have the capacity to accommodate
Grantee's Facilities, if this Franchise is granted;
d) County rights-of-way within the Franchise Area have the capacity to accommodate
additional utility, telecommunications and cable television facilities, if this Franchise is
granted;
e) Grantee is willing and able to mitigate or repair any damage or disruption to public or
private facilities,improvements,services,travel or landscaping,if this Franchise is granted;
f) It is in the public interest in minimizing the cost and disruption resulting from the presence
of Grantee's Facilities in County rights-of-way can be protected;
g) Transmission of electrical power is an essential service for the County's citizens that this
Franchise will provide;
h) In the County's sole opinion, there should be no anticipated adverse impact to public
health, safety and welfare, if this Franchise is granted;
i) The lack of availability of alternate routes or locations for Grantee's Facilities is limited;
j) Grant of franchise is consistent with applicable Federal, State, and County laws,
regulations,rules,and policies; and
WHEREAS, pursuant to RCW 36.55.040, notice was posted in three (3) public places in the
County seat at least fifteen(15)days before the hearing date and notice was published once a week
for two (2) consecutive weeks in the official County newspaper of record, the last publication
being not less than five(5) days before the date fixed for the hearing; and
WHEREAS, pursuant to chapter 36.55 RCW, a hearing on the application was held on the
twenty second day of December, 2025; and
WHEREAS,the Board finds that it is in the public interest to grant this Franchise to Grantee;
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY,WASHINGTON,HEREBY RESOLVE AS FOLLOWS:
Bonneville Power Administration—Franchise 2
SECTION 1 —WHEREAS CLAUSES ARE FINDINGS OF FACT.
The Jefferson County Board of Commissioners hereby adopts the above"Whereas"clauses
as Findings of Fact.
SECTION 2—PURPOSE.
The purpose of this resolution is that a nonexclusive franchise is hereby granted to Grantee,
to survey, install, construct, repair, replace, upgrade, maintain, relocate, modify, extend,
remove, operate, inspect, patrol, and use Facilities consisting of overhead cables, lines,
circuits, towers, poles, and other related appurtenances, including appurtenances for
communication facilities,in,upon,over,under,along,through across and along the County
Rights-of-Way located in the areas identified in Section 3.5 below, for the purpose of
providing electrical service under the following express terms and conditions.
SECTION 3—DEFINITIONS.
The terms defined below,as used in this Franchise,shall have the meanings defined. Other
terms as defined in JCC 13.56.030 shall have the meanings given in that code section, if
not otherwise defined in this Franchise. When not inconsistent with the text,words used in
the present tense include the future tense, words in the plural number include the singular
number,words in the singular number include the plural number,and the use of any gender
shall be applicable to all genders. The words "shall" and "will" are mandatory, and the
word "may" is permissive. The words "and" means "or" and "or" means "and," so as to
make the term inclusive rather than exclusive. Words not otherwise defined shall be given
their common and ordinary meaning in the context used and as defined in the Dictionary
by Merriam-Webster https://www.merriam-webster.com/). Whenever the following terms
are used in this Franchise,the meanings in this Section 3 apply.
3.1 "Emergency"has the same meaning as in JCC 13.56.030(16).
3.2 "Engineer"has the same meaning as in JCC 13.56.030(18).
3.3 "Facilities"means,collectively, any and all (i) electric power transmission
and distribution systems, including but not limited to,poles(with or
without cross arms),wires, lines, conduits,cables, braces,guys, anchors
and vaults, meter-reading devices, and communication systems(which
communication systems are used for Grantee's internal operations and not
for commercial purposes) and(ii) any and all other equipment,appliances,
attachments,appurtenances and other items necessary, convenient, or in
any way appertaining to any and all of the foregoing, whether the same be
located above or underground.
3.4 "Franchise" means all the terms of this Resolution, including but not limited to
Section 4.
Bonneville Power Administration—Franchise 3
3.5 "Franchise Area" means the rights-of-way for County roads located within those
portions of the county listed in Attachment A, and not within an incorporated city
or town, as now or as may hereafter be laid out, platted, dedicated, or improved
within the present limits of the County and as such limits may be hereafter
extended. The Franchise Area does not include (a) any other County owned or
leased properties or easements (i.e., County owned or leased properties or
easements unrelated to the County Roads described above), including, but not
limited to,parks,trails,facilities,or pits,located inside or outside of the boundaries
of the County, or (b) Grantee owned or leased properties or easements located
inside or outside of the boundaries of the County.
3.6 "Hazardous Substance" means any hazardous, toxic, or dangerous substance,
material,waste,pollutant,or contaminant that is identified as such under applicable
regulations adopted pursuant to the federal Hazardous Materials Transportation
Act, the Toxic Substances Control Act, the Resource Recovery and Conservation
Act,the Comprehensive Environmental Response Compensation and Liability Act,
the Federal Insecticide, Fungicide, and Rodenticide Act, the Occupational Safety
and Health Act Hazard Communications Standards, and the Washington State
hazardous waste act, the Washington Model Toxic Controls Act, all as exist now
or as amended or superseded, or any other federal, state, or local statute, code or
ordinance or lawful rule,regulation,order,decree, or other governmental authority
as now or at any time hereafter in effect.
3.7 "JCC"means the Jefferson County Code, as it now exists or as it is later amended
or superseded.
3.8 "Parties" or "Party" means collectively the County and Grantee, and individually
either the County or Grantee.
3.9 "Public Improvement Project"means any County capital improvement undertaken
by the County, including projects listed in the County's Six-Year Transportation
Improvement Program or Annual Construction Program, or the construction,
relocation, modification, expansion, repair, maintenance, or removal of any
County-owned facility located on, in, over, or under the Franchise Area that is
undertaken by the County for parks;roads or streets;curbs or sidewalks;pedestrian,
bicycle, or other non-motorized transportation facilities; water systems; sanitary
sewer systems; bridges, culverts, and storm drainage facilities; and County-owned
fiber optic cable,conduit,or network facilities. For the avoidance of doubt,a Public
Improvement Project will not include any development or other activity requiring
the relocation or modification of Grantee's Facilities for the sole benefit of a Third-
Party. Any such relocation or modification shall be subject to the rights provided
to Grantee in Section 4.
3.10 "RCW" means the Revised Code of Washington, as it now exists or as it is later
amended or superseded
Bonneville Power Administration—Franchise 4
3.11 "Section" means a section in this Franchise, unless otherwise clear from the
context.
3.12 "Third-Party"means any Person other than the County and Grantee.
3.13 "Traffic Control"has the same meaning as in JCC 13.56.030(52).
3.14 "WAC" means the Washington Administrative Code, as it now exists or as it is
later amended or superseded.
SECTION 4—FRANCHISE.
4.1 Grant of Franchise.
4.1.1 Pursuant to the laws of the State of Washington, including, but not limited
to,chapter 36.55 RCW,the County hereby grants to Grantee,subject to and
in accordance with the terms and conditions set forth in this Franchise, a
nonexclusive franchise that grants the right, authority and franchise to
survey, install, construct, repair, replace, upgrade, maintain, relocate,
extend, remove, operate, inspect, patrol, and use Facilities consisting of
overhead cables, lines, circuits, towers, poles, and other related
appurtenances, including appurtenances for communication facilities, in,
upon, over, under, along, through and across the Franchise Area.
4.1.2 This Franchise shall not convey to Grantee any title or ownership interest
in the Franchise Area, but shall be deemed a franchise only to use and
occupy the Franchise Area for the limited purposes and term stated herein.
4.1.3 This Franchise shall not authorize, excuse, preclude or prohibit Grantee
from securing such further easements,leases,permits,or other approvals as
may be required or desired to lawfully occupy and use the Franchise Area.
4.1.4 The Parties acknowledge and agree that this Franchise shall not govern,
cover, or apply to any Facilities located on Grantee owned or leased
properties or easements(whether inside or outside of County rights-of-way,
whether granted by a private or public entity, and whether now existing or
hereafter acquired) and that such Facilities owned by Grantee are not, and
will not be deemed to be, located pursuant to rights derived from this
Franchise.
4.1.5 This Franchise granted shall not be construed as any warranty of title.
4.1.6 No act, event or occurrence shall give Grantee any rights to occupy or use
the Franchise Area permanently nor shall operate as an estoppel against the
County.
Bonneville Power Administration—Franchise 5
4.1.7 Grantee specifically agrees to exercise its rights within the Franchise Area
in accordance with all applicable Federal and State of Washington laws and
applicable rules and regulations, as now exist or as later amended or
superseded; and all applicable County codes, including, but not limited to,
JCC Title 13 Utilities, Division II (Accommodation of Utilities upon
Jefferson County Rights-of-Way, chapter 13.56 JCC), resolutions, and
ordinances, as now exist or as later amended or superseded; provided,
however, in the event of a conflict or inconsistency between any such
provisions and this Franchise, the express terms and conditions of this
Franchise will govern; provided, further,nothing herein shall be deemed to
waive, prejudice, or otherwise limit Grantee's sovereign immunity as a
federal agency or any right of appeal afforded Grantee by such County
codes,resolutions or ordinances.
4.1.8 The express terms and conditions of this Franchise constitute a valid and
enforceable contract between the Parties.
4.1.9 Pursuant to chapter 19.122 RCW Grantee shall participate in the One Call
utilities-locating system by subscribing to a utilities underground location
service. Grantee shall provide evidence of subscribing to the Engineer.
4.1.10 Prior to using the Franchise Area to provide additional types of utility
services not expressly authorized by this Franchise,Grantee shall submit an
application to the County for a franchise to use the Franchise Area to
provide those additional services. Grantee shall not use the Franchise Area
to provide any such additional utility services until such time as a new
franchise has been granted by the County.
4.2 Noninterference. All installation, construction, repair, replacement, maintenance,
relocation,extension,removal,operation,and use of Grantee's Facilities performed
within the Franchise Area shall be done in such a manner as not to interfere with
the free passage of pedestrian or vehicle traffic therein; the reasonable ingress or
egress to the properties abutting the Franchise Area as they exist at the time of
installation of the Facilities; the use, maintenance, and repair of existing County-
owned or non-County-owned utilities, drainage facilities, or other improvements
located within the Franchise Area. Grantee's Facilities shall have the same
preference as is given to non-County improvements that are proposed to be installed
in the Franchise Area subsequent in time to Grantee's Facilities. Nothing in this
Section 4.2 is intended to or will affect or modify the rights and obligations of the
Parties with respect to the relocation or modification of Grantee's Facilities under
Section 6. All relocations or modifications of Grantee's Facilities will be
undertaken only subject to and in accordance with the terms, conditions, and
requirements set forth in Section 6.
4.3 Drawings. Grantee shall provide the County, within sixty (60) days of installation
Bonneville Power Administration—Franchise 6
of the Facilities, drawings showing the location of Grantee's Facilities within the
Franchise Area,and such information in an electronic format suitable for import as
a layer into the County GIS system. Except for as-built drawings provided under
JCC 13.56.340, as to any such drawings provided under this Section 4.3, Grantee
does not warrant the accuracy thereof and to the extent the location of the Facilities
is shown such Facilities are shown in approximate location. Upon the County's
request, in connection with the design of any Public Improvement Project within
the Franchise Area, Grantee shall verify the location of its underground Facilities
within the Franchise Area by excavating, including potholing, at no expense to the
County. With respect to any excavations by or on behalf of Grantee or the County
within the Franchise Area, nothing herein is intended nor shall be construed to
relieve either Party of their respective obligations arising under applicable law with
respect to determining the location of utility facilities.
4.4 Term of Franchise.
4.4.1 Term of Franchise. This Franchise is granted for a period of twenty (20)
years from the date of adoption of this Franchise by the Board.
4.4.2 Franchise Acceptance. As an express condition of this Franchise, within
sixty (60) days after the adoption of this Franchise by the Board, Grantee
shall file with the Clerk of the Board its written acceptance of this Franchise
substantially in the form provided in Exhibit B attached hereto and by this
reference made a part hereof. At the time of filing its written acceptance,
Grantee shall reimburse the County for the expenses required to be paid by
Grantee under Section 13.1 and deliver to the County the required evidence
of insurance set out in Section 15. In the event Grantee fails to accept this
Franchise in the manner specified above within the said sixty(60)days,this
Franchise shall be null and void.
4.4.3 Franchise Renewal. This Franchise may be renewed, at the sole discretion
of the Board, in accordance and compliance with JCC 13.56.160 through
13.56.180. The terms of this Franchise shall continue during the period
between expiration of the original term and approval of a new Franchise as
long as the renewal application procedures and conditions are met.
4.5 Nonexclusive Franchise. This Franchise shall be nonexclusive. The County
specifically reserves the right to grant at any time such rights, permits, licenses, or
franchises to Persons to use the Franchise Area for similar or different purposes
allowed hereunder as the County deems appropriate, so long as the same does not
interfere with Grantee's rights under this Franchise. Subject to this Franchise,
Grantee shall not prevent or prohibit the County from constructing, altering,
maintaining, or using any portion of the Franchise Area or affect its jurisdiction
over any part thereof, the County having full power and authority to make all
necessary changes, relocations, modifications, repairs, or maintenance of the
Bonneville Power Administration—Franchise 7
Franchise Area as the County deems appropriate. Grantee acknowledges that it
cannot exclude the County from any portion of the Franchise Area where it uses or
occupies that portion of the Franchise Area unless the County expressly agrees to
such exclusion in writing. Notwithstanding the above, the County acknowledges
that Grantee's Facilities are critical infrastructure of the federal bulk electric
system, and will take all necessary steps to avoid interfering with the Grantee's
facilities and the rights under this Franchise.
SECTION 5—PERFORMANCE OF WORK.
5.1 Permit Required; Standard of Work.
5.1.1 Prior to commencing any Work within the Franchise Area, Grantee shall
provide notice to the County via application for a utility permit from the
County in accordance with the requirements of chapter 13.56 JCC.
5.1.2 Work by Grantee within the Franchise Area shall be performed in a
thorough, professional, and workmanlike manner, shall comply with
approved permits and plans;provided,however,in the event of a conflict or
inconsistency between any such requirements and this Franchise, the
express terms and conditions of this Franchise will govern and control.
5.1.3 The Director may order removal, at Grantee's expense, of work that does
not comply with the permit,plans, codes or standards. Grantee shall make
a required correction within a reasonable time established by the Engineer
to correct the noncomplying work and restore the Franchise Area.
5.1.4 Grantee is solely responsible for the performance and completion of work
authorized by a utility permit that is issued to Grantee.
5.2 Emergency Response and Repairs.
5.2.1 In the event of an Emergency or the need for unexpected repair, Grantee
may commence such Emergency response or repair as required by the
circumstances. In the event that Grantee conducts Emergency response or
repairs under this Section 5.2, Grantee shall make application for a utility
permit as soon as practicable,but in no event(unless waived by the County)
later than thirty (30) days from the Emergency event.
5.2.2 In the event any of Grantee's Facilities within the Franchise Area are in a
condition such that, in the reasonable opinion of the Engineer, an
Emergency is created, Grantee upon request of the Engineer shall
expeditiously and at its own expense repair the Facilities and correct the
Emergency condition.
5.3 Restoration. After installation, construction, relocation, maintenance, removal,
Bonneville Power Administration—Franchise 8
repair, or replacement of any of Grantee's Facilities within the Franchise Area,
Grantee at its expense shall expeditiously restore the Franchise Area and any
County property within the Franchise Area that may have been disturbed or
damaged by such work to at least the same condition as they were in immediately
prior to any such work. The County shall have final approval of the condition of
the Franchise Area after restoration pursuant to the provisions of applicable County
codes, ordinances, regulations, standards, and procedures as now exist or as later
amended or superseded.
5.4 Refuse and Debris. Grantee shall promptly remove and properly dispose of refuse
and debris resulting from any of Grantee's work within the Franchise Area.
Grantee shall remove refuse and debris on a regular basis during the work day to
keep all travel ways clear. Should Grantee's work last for more than one day in a
particular part of the Franchise Area, all refuse and debris shall be removed prior
to leaving the site at the end of the work day, to the extent feasible in light of the
work being undertaken by Grantee.
5.5 Survey Monuments. All survey monuments that are disturbed, displaced, or
destroyed by Grantee in its performance of any work under this Franchise shall be
referenced and restored by Grantee, in accordance with chapter 332-120 WAC, as
from time to time amended, and all pertinent Federal, State and County standards
and specifications.
5.6 Traffic Control. Grantee's activities within the Franchise Area and activities within
the Franchise Area conducted by Grantee's agents or by Third-Parties under a
permit issued by the County to Grantee shall conform to the latest edition of the
Manual on Uniform Traffic Control Devices, the requirements of JCC 13.56.460
Traffic Control,and approved traffic control plans provided,however, in the event
of a conflict or inconsistency between any such manual,requirements,or plans and
this Franchise, the express terms and conditions of this Franchise will govern and
control. It shall be the responsibility of Grantee to ensure compliance.Grantee shall
hold the County harmless for any damages resulting from Grantee's failure to
provide adequate Traffic Control.
SECTION 6—RELOCATION OR MODIFICATION OF FACILITIES.
6.1 Grantee at its own expense shall relocate or modify its Facilities existing within the
Franchise Area as necessary to accommodate Public Improvement Projects, in
accordance with and subject to the terms and conditions set forth in this Section 4.
The County acknowledges that Grantee's ability to relocate or modify its Facilities
within the Franchise Area to accommodate Public Improvement Projects may be
constrained due to operation of critical infrastructure of the federal bulk electric
system, the need to acquire property rights, or long lead time items or to other
conditions beyond Grantee's control. In order to reasonably accommodate
Grantee's constraints, while recognizing the County's authority to manage the
Bonneville Power Administration—Franchise 9
Franchise Area and responsibility to construct Public Improvement Projects within
the County's funding and scheduling constraints, the Parties will at all times work
cooperatively and in good faith with the goal of ensuring that relocations or
modifications of Grantee's Facilities within the Franchise Area that are required to
accommodate Public Improvement Projects are planned,scheduled,and completed
promptly and with due regard to the interests and constraints of both Parties.
6.2 In order to assist Grantee in planning for Public Improvement Projects that may
require relocation or modification of Grantee's Facilities within the Franchise Area,
the County shall provide Grantee with written notice and thirty percent (30%)
complete plans for Public Improvement Projects that may require relocation or
modification of Grantee's Facilities within thirty(30)days of their preparation.
6.3 Whenever the County undertakes a Public Improvement Project that requires
relocation or modification of Grantee's Facilities within the Franchise Area, the
County shall, within a reasonable time prior to the commencement of the Public
Improvement Project and in any event not less than one hundred twenty(120)days
prior to the commencement of the Public Improvement Project, provide Grantee
written notice of the required relocation or modification and reasonable plans,
specifications,and schedule for the Public Improvement Project. Within thirty(30)
days of receipt of the notice, plans, specifications, and schedule, and subject to the
exercise by Grantee of its rights under Section 6.4 or Section 6.5, Grantee shall
provide the County with a proposed schedule to relocate or modify its Facilities
within the Franchise Area that will accommodate the County's schedule for the
Public Improvement Project.
6.4 If Grantee foresees that it may be unable to relocate or modify its Facilities to
accommodate the County's schedule for the Public Improvement Project, Grantee
shall notify the County as soon as reasonably practicable and request that the
County revise its schedule for the Public Improvement Project to accommodate
Grantee's constraints. The request shall include a description of the factors that
constrain Grantee's ability to relocate or modify its Facilities to accommodate the
County's schedule for the Public Improvement Project and a proposed alternative
schedule. The County shall give Grantee's request and proposed alternative
schedule full and fair consideration with due regard to Grantee's constraints and all
other facts and circumstances which bear upon the request and shall provide a
written response to Grantee.
6.4.1 In the event that the County approves Grantee's request, thereafter and
subject to this Section 6 the County and Grantee shall work cooperatively
to establish a revised schedule for the Public Improvement Project and the
relocation or modification of Grantee's Facilities and Grantee shall relocate
or modify its Facilities within the Franchise Area so as to accommodate the
revised schedule for the Public Improvement Project that is established
pursuant to this Section 6.4.
Bonneville Power Administration—Franchise 10
6.4.2 In the event that the County denies Grantee's request,thereafter and subject
to this Section 6 Grantee shall relocate or modify its Facilities within the
Franchise Area so as to accommodate the County's schedule for the Public
Improvement Project.
6.5 After receipt of written notice of the required relocation or modification and
reasonable plans, specifications, and schedule for the Public Improvement Project
under Section 6.3, Grantee may submit a request to the County to perform the
relocation or modification concurrently with the Public Improvement Project.
Grantee shall submit said request with a proposed schedule for concurrent
relocation or modification not more than thirty (30) days after receiving the
County's notice of the required relocation or modification under Section 6.3. The
County shall give Grantee's request full and fair consideration with due regard to
Grantee's interests and all other facts and circumstances which bear upon the
request and shall provide a written response to Grantee.
6.5.1 In the event the County approves Grantee's request to relocate or modify its
Facilities concurrently with the Public Improvement Project, the County
and Grantee shall thereafter work cooperatively to establish a schedule for
the concurrent relocation or modification of Grantee's Facilities and
Grantee shall relocate or modify its Facilities within the Franchise Area so
as to accommodate said schedule for concurrent relocation or modification
that is established pursuant to this Section 6.5.
6.5.2 In the event the County denies Grantee's request that the relocation or
modification be performed concurrently with the Public Improvement
Project, Grantee shall relocate or modify its Facilities within the Franchise
Area so as to accommodate the County's schedule for the Public
Improvement Project.
6.6 If the County requires the subsequent relocation or modification of any Facilities
within five (5)years from the date of relocation or modification of such Facilities
pursuant to this Section 6, the County shall bear the entire cost of such subsequent
relocation or modification, except if the relocation or modification is required by
an Emergency under Section 6.8.
6.7 If an emergency arises that immediately endangers the property or life of any
individual or poses a threat to public safety or welfare that requires the relocation
of Grantee's Facilities within the Franchise Area, the County shall give Grantee
notice of the Emergency as soon as reasonably practicable. Upon receipt of such
notice from the County, Grantee shall relocate the affected Facilities as soon as
reasonably practicable at Grantee's expense.
Bonneville Power Administration—Franchise 11
6.8 Whenever either: (a)any public or private development within the Franchise Area,
other than a Public Improvement Project,requires the relocation or modification of
Grantee's Facilities within the Franchise Area to accommodate such development;
or, (b) the County requires the relocation or modification of Grantee's Facilities
within the Franchise Area for the benefit of any Third-Party, including, without
limitation, any condition or requirement imposed pursuant to any contract or in
conjunction with approvals or permits for zoning, land use, construction, or
development,then in such event,Grantee shall have the right as a condition of such
relocation or modification to require such development proponent or Third-Party
to reimburse Grantee, at a time and upon terms acceptable to Grantee, for any and
all costs and expenses incurred by Grantee in the relocation or modification of
Grantee's Facilities.
SECTION 7—REMOVAL OF FACILITIES.
7.1 In the event Grantee permanently ceases use of any of its Facilities within the
Franchise Area, Grantee shall, within one hundred eighty (180) days after such
permanent cessation of use or such additional time as is agreed to between the
Parties, remove such Facilities at its sole cost and expense, except as set forth in
Section 7.2.
7.2 Upon the express written consent of the Engineer,Grantee may leave such Facilities
in place as long as Grantee has provided County with drawings showing the
locations of such Facilities,the same information in an electronic form suitable for
input into the County's GIS system, and subject to any other conditions required
by the Engineer. The Engineer's consent shall not relieve Grantee of the obligation
or costs to subsequently remove or alter the Facilities at the County's request, in
which case Grantee shall perform such work at no cost to the County in accordance
with this Section 7.
7.3 The obligations contained in this Section 7 shall survive the expiration, revocation
or termination of this Franchise.
SECTION 8—RIGHTS NOT DERIVED FROM THIS FRANCHISE.
Nothing in Sections 6 or 7 shall require Grantee to bear any cost or expense in connection
with the relocation, modification, or removal of any Facilities then existing pursuant to
easement or such other rights not derived from this Franchise, regardless of whether the
easement is on public or private property and regardless of whether this Franchise co-exists
with such easement.
SECTION 9—COORDIANTED AND SHARED EXCAVATIONS.
9.1 Grantee and the County shall each exercise their respective best reasonable efforts
to coordinate any construction work that either may undertake within the Franchise
Area so as to promote the orderly and expeditious performance and completion of
Bonneville Power Administration—Franchise 12
such work as a whole. Such efforts shall include, at a minimum, compliance with
JCC 13.56.270 and other reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Area informed of its intent to undertake such
construction work. Grantee and the County shall further exercise reasonable efforts
to minimize any delay or hindrance to any construction work undertaken by
themselves or other utilities within the Franchise Area. Grantee shall meet with the
County annually or more frequently, as reasonably determined by the County, to
coordinate construction activities.
9.2 If either Grantee or the County shall cause excavations to be made within the
Franchise Area,the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation,
provided that: (a) such joint use shall not unreasonably delay the work of the Party
causing the excavation to be made; and, (b) such joint use shall be arranged and
accomplished on terms and conditions satisfactory to both Parties.
SECTION 10—HAZARDOUS SUBSTANCES.
10.1 In the exercise of its rights under this Franchise,Grantee agrees that it will not allow
or cause the release of any Hazardous Substance into or upon the Franchise Area
contrary to any local,state or federal law,rules,regulations,ordinances or standards
with respect thereto.
10.2 Within twenty-four(24)hours of any such release of Hazardous Substances that is
discovered by Grantee, Grantee shall notify the Engineer and the Washington
Department of Ecology in writing of such release.
10.3 Grantee shall be solely responsible for any and all necessary actions (e.g.,
abatement, removal, and remediation actions) and associated costs for release or
threatened release of toxic or Hazardous Substances caused by or arising from
Grantee's use of and operations within the Franchise Area. Grantee is not
responsible for pre-existing conditions on the Premises or for any conditions caused
by or arising out of the County other users of the Franchise Area.
10.6 The obligations contained in this Section 10 shall survive the expiration,revocation
or termination of this Franchise
SECTION 11 —GRADING OR EXCAVATING BY COUNTY.
This Franchise shall not preclude the County, its agents, employees, or contractors from
grading, excavating, or doing other work contiguous to Grantee's Facilities. However,
with respect to such grading,excavating,and other work,the County shall coordinate such
work with Grantee so as to protect Grantee's Facilities from harm,damage,or disturbance.
Bonneville Power Administration—Franchise 13
SECTION 12—VACATION OF RIGHT-OF-WAY.
In the event the County vacates any portion of the Franchise Area, the Board may, at its
discretion and as authorized in chapter 12.10 JCC and RCW 36.87.140,retain an easement
within the vacated right-of-way for the construction, repair and maintenance of Grantee's
Facilities which at the time of the vacation are specifically authorized under this Franchise
or physically located on a portion of the land being vacated. Pursuant to JCC 13.56.070(f),
the Board may also, at its discretion and by giving ninety (90) days written notice to
Grantee, terminate this Franchise with reference to such portion of the Franchise Area so
vacated. The County shall not be liable for any damages or loss to Grantee by reason of
such termination.
SECTION 13—COMPENSATION.
13.1 County Expenses. Grantee shall reimburse the County for any administrative
expenses incurred by the County are related to: (a) developing and approving this
Franchise, and (b) processing any permit applications, reviewing plans, and
inspecting construction. The expenses related to (a) above shall include staff wage
and benefit and indirect expenses as determined by the County, the expense to
publish and post legal notices of the public hearing required for this Franchise by
RCW 36.55.040,and the expense to record this Franchise with the Jefferson County
Auditor as required by RCW 36.55.080.
13.2 Fees for Use of County Rights-of-Way. The Board specifically reserves the right,
to the extent permitted by county, state and federal laws as now exist or as later
amended or superseded,to fix a fair and reasonable compensation for the use of its
property. If the County elects to exercise such authority, Grantee will receive
written notice ("Compensation Notice") not less than 60 days prior to its effective
date and provide an opportunity to comment. Acceptance of the County's
definition,terms, and or formula identified in the Compensation Notice will occur
if Grantee accepts in writing within sixty days of receipt of the Compensation
Notice, in which case the applicable ordinance that the Board passes will be
determinative. Rejection by Grantee shall be deemed grounds for termination of
this Franchise. Any such enacted compensation terms will be applied on a
competitively neutral and non-discriminatory basis and in compliance with all
applicable then-existing laws.
SECTION 14—LIABILITY.
14.1 Grantee is a federal agency within the U.S. Department of Energy. As such, any
claim for personal injury or property damage alleged to have been caused by the
negligence of Grantee's employees (but not that of Grantee's contractors or their
employees) must be made in accordance with the Federal Tort Claims Act, 28
U.S.C. ch. 171. ("FTCA"). Grantee requires its contractors to carry liability and
workers' compensation insurance. Copies of those policies may be obtained from
Grantee's Contracting Officer for the project. The provisions of the Federal Tort
Bonneville Power Administration—Franchise 14
Claims Act are found in Title 28 of the United States Code. 28 U.S.C. §§ 1346(b),
1402(b), 2401(b), and ch. 171. Grantee shall hold harmless the County and its
officers, officials, employees, agents and volunteers from any claims, injuries,
damages, losses or suits, including attorney's fees, arising out of or resulting from
the acts,errors or omissions of the Grantee in performance of this Franchise,except
for injuries and damages caused by the sole negligence of the County.
14.4 Inspection or acceptance by the County of any work performed by Grantee shall
not be grounds for avoidance by Grantee of any of its obligations under this Section
14.
14.7 The provisions of this Section 14 shall survive the expiration or termination of this
Franchise. Further, all provisions of this Section 14 shall apply to the successors,
assigns, and lessees of Grantee.
SECTION 15—INSURANCE.
15.1 Grantee Insurance. Grantee is a federal agency within the United States
Department of Energy.As such, it is self-insured. As a federal agency,the Federal
Employee's Compensation Act, administered by the Department of Labor, Office
of Workers' Compensation Program (OWCP), covers Grantee's workers'
compensation liability.Upon the County's request,Bonneville shall provide a letter
as evidence of its self-insured status according to Section 15.2 below.
Grantee shall require its contractors to procure and maintain for the duration of this
Franchise the following insurance:
15.1.1 Commercial General Liability insurance and, if necessary, Umbrella
Liability insurance, which will cover bodily injury, property damage, and
any other exposure which can be reasonably identified as potentially arising
from Grantee's contractors' activities within the Franchise Area. The limit
of liability shall not be less than two million dollars($2,000,000)per person,
two million dollars ($2,000,000) property damage and $2,000,000 for all
other types of liability. The County, its elected and appointed officers,
officials, employees, agents, and representatives shall be named as
additional insureds with respect to activities occurring within the Franchise
Area. Coverage shall be comprehensive with respect to Grantee's
contractors' activities within the Franchise Area and shall include
completed operations, collapse, explosions, and underground hazards.
15.1.2 Commercial Automobile Liability insurance for owned, non-owned, hired
and leased vehicles with limits of not less than one million dollars
($1,000,000) per person and three million dollars ($3,000,000) per
Bonneville Power Administration—Franchise 15
occurrence.
15.1.3 Workers' Compensation insurance as required by Title 51 RCW.
15.1.4 Grantee's contractors' commercial general liability policy shall include
employers' liability coverage with policy limits of not less than one million
dollars($1,000,000)per occurrence.
15.1.5 The insurance policies required by this Section 15 shall be maintained at all
times by Grantee's contractor. Grantee's contractor shall notify the County
at least forty-five (45)days before it cancels a policy. Grantee's contractor
shall be obligated to replace or renew a canceled or expiring policy and
show proof in the form of a certificate of insurance at least twenty(20)days
before the expiration or cancellation of the existing policy(s).
15.1.6 Grantee's contractor shall furnish the County with properly executed
certificates of insurance or a signed policy endorsement,which shall clearly
evidence all insurance required in this Section 15.1. The certificates will,
at a minimum, list the limits of liability and coverage.
15.1.7 Grantee's contractor or its agent will provide a copy of any and all insurance
policies specified in this Franchise upon request of the County.
15.1.8 The insurance limits mandated for any insurance coverage required by this
Franchise are not intended to be an indication of limits of exposure nor are
they limitations on liability or indemnification.
15.1.9 Excepting Workers Compensation Insurance,the County shall be named on
all policies as an additional insured. Grantee's contractors' insurance shall
be in all circumstances primary to the insurance available to the County.
15.2 Self-Insurance. In lieu of the insurance requirements set forth in Section 15.1,
Grantee may self-insure against such risks in such amounts, subject to good utility
practice. Grantee shall provide the County with reasonable written evidence that
Grantee's contractor maintains such self-insurance.
15.3 The obligations contained in this Section 15 shall survive the expiration,revocation
or termination of this Franchise for a period of one (1) year or for as long as
Grantee's Facilities remain within the Franchise Area, whichever is longer.
Further, all provisions of this Section 15 shall apply to the successors, assigns,and
lessees of Grantee.
SECTION 16—LIMITATION OF LIABILITY.
16.1 The County's administration of this Franchise shall not be construed to create the
basis for any liability on the part of the County, its elected and appointed officers,
Bonneville Power Administration—Franchise 16
officials,agents,employees, and representatives for any injury or damage from the
failure of Grantee to comply with the provisions of this Franchise; for any injury or
damage arising from the failure of Grantee to comply with or follow a directive,
order, or instruction of the Federal Communications Commission, any hearing
officer or administrative law judge, or a court of competent jurisdiction; by reason
of any plan, schedule, or specification review, inspection, notice and order,
permission, or other approval or consent by the County; for any action or inaction
thereof authorized or done in connection with the implementation or enforcement
of this Franchise by the County; or for the accuracy of plans submitted to the
County.
16.2 The County shall not be liable for any damage to or loss of any of Grantee's
Facilities within the Franchise Area as a result of or in connection with any
Emergency removal or relocation, public works, public improvements,
construction, excavation, grading, filling, mowing, or work of any kind in the
Franchise Area by or on behalf of the County or any entity under contract with the
County, except for damage or loss caused by the negligence or willful misconduct
of the County or anyone acting for or on behalf of the County. The foregoing,
however, is not intended to,and will not in any way, limit the County's liability for
any breach by the County of this Franchise.
SECTION 17—DISPUTE RESOLUTION.
17.1 The Parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions.
17.2 Resolving Disputes through Negotiation. The Parties agree to use their best efforts
and good faith negotiations to resolve disputes arising out of or related to this
Franchise. To that end the Parties shall engage in the following dispute resolution
process should any such disputes arise:
17.2.1 Level One: The Engineer or designee shall meet with Grantee's Manager or
designee to discuss and attempt to resolve the dispute in a timely manner.
If they cannot resolve the dispute within fifteen(15)business days after the
referral of that dispute to Level One, either Party may refer the dispute to
Level Two as described herein.
17.2.2 Level Two: The County Administrator or designee shall meet with
Grantee's designated representative to discuss and attempt to resolve the
dispute in a timely manner.
17.3 In the event a dispute is referred to Level Two but is not resolved at Level Two
within fifteen (15) business days after that referral, then either Party may invoke
the rights provided to them by Section 18 or institute a legal proceeding in any court
or with governmental agency having jurisdiction over the dispute.
Bonneville Power Administration—Franchise 17
17.4 No provision of this Franchise shall be deemed to bar the right of either Party to
seek or obtain judicial relief from a violation of any provision of this Franchise;nor
to bar or otherwise limit the right of either Party to recover monetary damages for
such violations by the other Party or to seek and obtain judicial enforcement of the
other Party's obligations by means of specific performance, injunctive relief or
mandate, or any other remedy at law or in equity.
SECTION 18—TERMINATION OF FRANCHISE.
18.1 Default by Grantee. If Grantee materially breaches any term or condition of this
Franchise, the County may terminate this Franchise in accordance with Section
18.2. Upon termination of this Franchise, all rights of Grantee hereunder shall
cease.
18.2 Procedure. The County may terminate this Franchise if Grantee materially
breaches any term or condition of this Franchise and fails to cure such breach in all
material respects within ninety(90)days after Grantee's receipt of written demand
by the County to so comply. Prior to terminating this Franchise, the County shall
give Grantee at least thirty(30)days written notice of a regularly scheduled meeting
of the Board of County Commissioners at which meeting the Board intends to
formally revoke or terminate this Franchise. At such meeting, the Board shall
consider a report from the Engineer regarding the breach of this Franchise and hear
any Person desiring to be heard on the termination of this Franchise. If the Board
determines that Grantee's breach justifies revocation or termination of this
Franchise,the Board may pass a resolution declaring that this Franchise is revoked
or terminated.
18.3 Extension of Cure Period. If any breach of this Franchise by Grantee cannot be
corrected with due diligence within the ninety (90)day period specified in Section
18.2 due to events beyond Grantee's control,then the County may extend the time
within which Grantee may so comply for an additional period or periods not to
exceed thirty (30) days so long as Grantee commences promptly and diligently to
effect such compliance.
18.4 Force Majeure. A Party shall not be deemed in breach or default of any provisions
of this Franchise when earthquake, flood, storm or other natural disaster, civil
emergency, any failure or delay in the performance by the other Party or a Third-
Party who is not an employee, agent or contractor of the affected Party, or other
such circumstances beyond such Party's control(a"Force Majeure Event")prevent
performance or compliance. Upon removal or termination of the Force Majeure
Event, the Party claiming a Force Majeure Event shall promptly perform the
affected obligations in an orderly and expedited manner under this Franchise. The
Parties shall use all commercially reasonable efforts to eliminate or minimize any
delay caused by the Force Majeure Event.
18.5 Dispute Resolution. Neither Party may invoke or rely upon the terms and
Bonneville Power Administration—Franchise 18
obligations of this Section 18 (except for the Force Majeure rights in Section 18.4)
until such time as the Dispute Resolution procedure listed in Section 17 has been
utilized by the aggrieved Party.
SECTION 19—AMENDMENT OF FRANCHISE.
19.1 This Franchise may be amended only by mutual written agreement of the Parties
(which specifically states that it is an amendment to this Franchise).
19.2 During the term of this Franchise, either Party may propose amendments to this
Franchise to address opportunities or conflicts created as a result of changes to
federal, state or local franchise law.
SECTION 20—ASSIGNMENT OF FRANCHISE.
Grantee may not assign or otherwise transfer its rights, privileges or authority under this
Franchise without the prior written authorization and approval of the County. Any
assignment or transfer of any interest in this Franchise shall not be approved by the County
or be effective until the assignee or transferee becomes a signatory to this Franchise,
assuming all rights and obligations hereunder and agreeing to perform the terms and
conditions under this Franchise.
SECTION 21 — BINDING ON SUCCESSORS AND ASSIGNS.
All provisions,conditions,regulations,and requirements herein contained shall be binding
upon the successors and assigns of Grantee and all privileges as well as all obligations and
liabilities of Grantee shall inure to its successors and assigns equally as if they were
specifically mentioned wherever Grantee is mentioned.
SECTION 22—NO THIRD-PARTY BENEFICIARIES
The Parties do not intend, and nothing in this Franchise shall be construed to mean, that
any provision in this Franchise is to benefit any person or entity who is not a Party.
SECTION 23—INCORPORATION/ANNEXATION
If any portion of the Franchise Area covered by this Franchise is incorporated into the
limits of any city or town, or into a new or existing County pursuant to Article XI of the
Washington State Constitution,this Franchise shall terminate as to any such portion within
the corporate limits of such city or town and the County shall be released of its obligations
under this Franchise as to the portion incorporated. This Franchise shall continue as to all
of the Franchise Area not incorporated into such city or town or new or existing County.
SECTION 24—NON-WAIVER OF RIGHTS
The excuse or forgiveness of performance or waiver of any provision(s) of this Franchise
Bonneville Power Administration—Franchise 19
shall not constitute a waiver of such provision(s) or future performance or prejudice the
right of the waiving Party to enforce any of the provisions of this Franchise at a subsequent
time.
SECTION 25—GOVERNING LAW AND VENUE
25.1 Governing Law. This Franchise has been and shall be construed as having been
made and executed within the State of Washington. The Parties stipulate that this
Franchise shall be governed by the laws of the State of Washington, both as to its
interpretation and performance. No Party shall argue or assert that any state law
other than Washington law applies to the governance or construction of this
Agreement.
25.2 Venue. Any action at law, suit in equity, or judicial proceeding arising out of this
Franchise shall be instituted and maintained only in the appropriate federal court of
competent jurisdiction.
25.3 Attorney's Fees and Costs. Should either Party bring any legal action, each Party
in such action shall pay for its own attorney's fees and court costs.
SECTION 26—NOTICES
26.1 Notices. Any notices required or permitted to be given under this Franchise shall
be deemed properly served when deposited with the United States Postal Service,
postage paid, addressed to the Party to receive same.
Notice to the County shall be sent to:
Public Works Director
Jefferson County Public Works Department
623 Sheridan Street
Port Townsend, WA 98368
Notice and billings to Grantee shall be sent to:
Bonneville Power Administration
PO Box 3621
Portland, OR 97208
26.2 The Parties shall promptly notify each other of any change in the notice or billing
addresses.
SECTION 27—SEVERABILITY AND SURVIVABILITY
27.1 If a court of competent jurisdiction holds any part, term, or provision of this
Franchise to be illegal or invalid in whole or in part, the validity of the remaining
Bonneville Power Administration—Franchise 20
provisions shall not be affected and the Parties' rights and obligations shall be
construed and enforced as if this Franchise did not contain the particular provision
held to be invalid. The invalidity of any portion of this Franchise shall not abate,
reduce or otherwise affect any consideration or other obligation required of either
Party or any grant of right to either Party.
27.2 The terms and conditions contained in this Franchise that by their sense and context
are intended to survive the expiration or termination of this Franchise shall so
survive. Without limiting the generality of the preceding sentence, and for the
avoidance of doubt, the provisions that survive the term of this agreement include:
(a)controlling law; (b) insurance; and, (c) indemnification.
SECTION 28—ENTIRE AGREEMENT
28.1 This Franchise is the complete expression of the terms and conditions hereunder
and cannot be changed orally,but only by an instrument in writing executed by the
Parties.
28.2 This Franchise supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, within the scope of this
Franchise. Any oral or written representations or understandings not incorporated
herein are specifically excluded.
28.3 No representation or promise not contained in this Franchise has been made.
28.4 The Parties are not entering into this Franchise based on any inducement, promise
or representation, expressed or implied, which is not contained in this Franchise.
SECTION 29—LEGAL AND REGULATORY COMPLIANCE
While performing under this Franchise, Grantee, its contractors and their employees must
comply with all applicable local, state and federal laws, codes, ordinances, and
regulations, including but not limited to:
a) Applicable regulations of the Washington Department of Labor and Industries,
including WA-DOSH Safety Regulations; and,
b) State and Federal Anti-Discrimination Laws.
SECTION 30 —ARMS-LENGTH NEGOTIATIONS
The Parties agree this Franchise has been negotiated at arms-length, with the assistance
and advice of competent, independent legal counsel.
Bonneville Power Administration—Franchise 21
SECTION 31 — SIGNATURE IN COUNTERPARTS
This Franchise may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Franchise at different times and places by the Parties shall not affect the validity of this
Franchise, so long as all the Parties execute a counterpart of this Franchise.
SECTION 32—FACSIMILE AND ELECTRONIC SIGNATURES
The Parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
SECTION 33—ATTACHMENTS OR EXHIBITS
Any document in this Franchise identified as an attachment or exhibit is part of this
Franchise and is incorporated by reference into this Franchise.
SECTION 34—REFERENCE TO SECTIONS IN THIS FRANCHISE
Any reference to a section in this Franchise is a reference to a section of this Franchise,
unless clearly stated to the contrary.
SECTION 35—REPRESENTATIONS AND WARRANTIES
The Parties represent and warrant that:
35.1 Each person signing this Franchise is fully authorized to enter into this Franchise
on behalf of the Party for whom signature is being made;
35.2 Each Party that is a corporate entity is duly organized and validly existing in good
standing under the laws of one of the states of the United States of America;
35.3 The making and performance of this Franchise will violate no provision of law or
of any Party's articles of incorporation, charter, or by-laws;
35.4 Each corporate Party has taken all necessary corporate and internal legal actions to
duly approve the making and performance of this Franchise and that no further
corporate or other internal approval is necessary; and,
33.5 Each Party has read this Franchise in its entirety and know the contents of this
Franchise,that the terms are contractual and not merely recitals, and that they have
signed this Franchise, having obtained the advice of legal counsel.
Bonneville Power Administration—Franchise 22
SECTION 36 —SEPA CATEGORAL EXEMPTION
This resolution is categorically exempt from the State Environmental Policy Act under
WAC 197-11-800(19).
SECTION 37—EFFECTIVE DATE
This resolution shall take effect and be in full force immediately upon approval and
adoption by the Board of County Commissioners.
[SIGNATURES ON FOLLOWING PAGE]
Bonneville Power Administration—Franchise 23
APPROVED AND ADOPTED this day of ,2025.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Heather Dudley-Nollette, Commissioner District 1
Heidi Eisenhour, Commissioner District 2
Greg Brotherton,Commissioner District 3
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
Bonneville Power Administration—Franchise 24
EXHIBIT A
Bonneville Power Administration - Jefferson County
The Franchise Area shall include all rights-of-way for County roads, streets, avenues,alleys, and
highways located within the following sections,townships&ranges:
Township 25 North, Range 2 West, Sections 3,4, 9, 16, 17, 20, 29, 30 & 31
Township 25 North, Range 3 West, Section 36
Township 26 North, Range 2 West, Sections 1,12, 13, 14, 23,26, 34 & 35
Township 27 North, Range 1 West, Section 6
Township 27 North, Range 2 West, Sections 1, 12, 13,24, 25 & 36
Township 28 North, Range 1 West, Sections 6, 7, 18, 19, 30, 31
Township 29 North, Range 1 West, Sections 30& 31
Township 29 North, Range 2 West, Sections 21,22, 25,26& 27
Bonneville Power Administration—Franchise 25
EXHIBIT B
ACCEPTANCE OF RESOLUTION NO.
Bonneville Power Administration
The undersigned, Bonneville Power Administration(Grantee), a Federal Agency,hereby wholly
accepts Jefferson County Resolution No. Granting A Nonexclusive Franchise which
was adopted by the Jefferson County Board of Commissioners on the day of
, 2025 ("the Franchise,"attached).
This Acceptance of the Franchise is unconditionally made without reservation and is expressly
part of the Franchise,which is hereby incorporated by reference. Grantee hereby accepts all of
the rights and privileges of the Franchise subject to all of the terms,conditions, duties, and
obligations provided therein.
IN TESTIMONY WHEREOF said Grantee has caused this written Acceptance to be executed in
its name by its undersigned authorized signer,thereunto duly authorized on the day
of , 2025.
Bonneville Power Administration
By:
Print Name:
Title:
State of Washington
County of Jefferson
This record was acknowledged before me on ,by
as the of Bonneville Power Administration.
Notary Public in and for the State of Washington
My Commission Expires
Bonneville Power Administration—Franchise 26
EXHIBIT C
Pursuant to JCC 13.56.380 Vegetation management,Grantee supplement their
Transmission System Vegetation Management Program with the following information:
JCC 13.56.380(1)(b)requires operational guidelines and standards for vegetation management
activities. These guidelines as a minimum include the decision-making criteria,the application
method, and the rates of application used when applying an herbicide. Application rates are not
specifically covered in Grantee's Transmission System Vegetation Management Program since
the document applies to all of Grantee's rights-of-way and is subject to case-by-case
determination. Grantee hereby agrees that it shall notify Jefferson County Department of Public
Works of the decision-making criteria,the application method, and the rates of application used
at least ninety days prior to applying any herbicide on or adjacent to any County roads, streets,
avenues, alleys, and highways,as identified on Attachment A to this Franchise, in Jefferson
County, Washington. If Jefferson County disagrees with the herbicide usage, Grantee and Public
Works shall work together to reach a mutually beneficial resolution consistent with procedures
set forth in Section 17 Dispute Resolution.
JCC 13.56.380(1)(d)requires Grantee to identify specific areas of the county where proposed
herbicides will be used. However, since Grantee's vegetation management practices apply to all
of their rights-of-way, it is currently not specific to Jefferson County. Therefore, Grantee hereby
agrees that it shall notify Jefferson County Department of Public Works of specific locations at
least ninety days prior to applying any herbicide on or adjacent to any County roads, streets,
avenues,alleys, and highways, as identified on Attachment A to this Franchise, in Jefferson
County, Washington.
JCC 13.56.380(4)requires Utilities engaged in tree trimming along county rights-of-way to
submit the conditions under which they will be trimming(excluding topping)any significant
tree, including the magnitude and nature of the trimming, by tree species. Grantee's
Transmission System Vegetation Management Program provides general criteria for tree
trimming;however, it does not specify by tree species. Therefore, Grantee hereby agrees that it
shall notify Jefferson County Department of Public Works of the specific area in which Grantee
will be cutting trees that are growing under or adjacent to Grantee's rights-of-way,prior to
conducting such activities, that are adjacent to any County roads, streets, avenues, alleys, and
highways, as identified on Attachment A to this Franchise, within Jefferson County,
Washington,.
This document has been reviewed by Jefferson County and Grantee and is hereby incorporated
into the Application by Bonneville Power Administration For a Nonexclusive Grant of Franchise
to Construct, Maintain, and Operate Electrical Transmission Facilities Within a Portion of
Unincorporated Jefferson County.
Bonneville Power Administration—Franchise 27
EXHIBIT D
Map of Franchise Areas
111
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