Windstream Communications, Inc. - Telecommunications CITY OF TIGARD, OREGON
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between the City of
Tigard, an Oregon municipal corporation, ("City's and Windstream Communications, Inc. an Arkansas
corporation, ("Franchisee") qualified to do business in Oregon:
RECITALS
1. Pursuant to Federal law,State statutes, and City Charter and local ordinances,the City is authorized
to grant non-exclusive franchises to occupy the rights-of-wap as defined in Chapter 15.06 of the Tigard
Municipal Code ("TMC'),in order to place and operate a Utility System within the municipal boundaries of
the City of Tigard ("Franchise Area");and
2. Franchisee has requested a franchise to place and operate a telecommunications services (the"Utility
System"),as defined in TMC 15.06.020,within the Franchise Area;and
3. The City has found that Franchisee meets all lawful requirements to obtain a franchise,and therefore
approves the application.
NOW,THEREFORE,in consideration of the mutual promises contained herein, the parties agree
as follows:
AGREEMENT
1. GRANT OF AUTHORITY - The City grants Franchisee the non-exclusive right to occupy City
rights-of-way to place and operate a Utility System for a term of ten (10) years from and after the
Effective Date of this Agreement (the "Term"), except as set forth below.
2. AUTHORITY NOT EXCLUSIVE - This Agreement shall be nonexclusive, and is subject to all
prior rights,interests, agreements, permits, easements or licenses granted by the City to any person
to use the rights-of-way for any purpose whatsoever,including the right of the City to use same for
any purpose they deem fit, including the same or similar purposes allowed Franchisee hereunder.
The City may, at any time, grant to other persons authorization to use the rights-of-way for any
purpose. This Agreement does not confer on Franchisee any right, title or interest in any right-of-
way.
3. PERFORMANCE-During the term of this Agreement,Franchisee agrees to comply with all lawful
terms and conditions of TMC Chapter 15.06,including but not limited to the permit and permit fee
requirements set forth in TMC 15.06.200 and TMC Chapter 15.04, and the right-of-way usage fee
set forth in TMC 15.06.100,the provisions of which are incorporated herein as though fully set forth.
4. CHANGE OF LAW.AMENDMENT OF FRANCHISE AGREEMENT
a. It is the intent of the parties that this Agreement may be amended from time to time to
conform to any changes in the controlling federal or state law or other changes material to
this agreement. Each party agrees to bargain in good faith with the other party concerning
such proposed amendments. This Agreement may be amended or terminated by the mutual
consent of the parties and their successors-in-interest.
UfditY Franchise Agreement Page 1 of 3
City of Tigard,Oregon
b. To the extent any lawful City rule, ordinance or regulation,including any amendment to the
provisions of TMC Chapter 15.06,including any change to TMC 15.06.100,is adopted on a
jurisdiction-wide basis and is generally imposed on similarly situated persons or entities, the
rule, ordinance or regulation shall apply without need for amendment of this Agreement.
The City shall provide Franchisee notice of any such change in local law.
5. TAXES - Nothing contained in this Agreement shall be construed to exempt Franchisee from any
license, occupation, franchise or excise tax or assessment, which is or may be hereafter lawfully
imposed on Franchisee.
6. INSURANCE - By the Effective Date of this Agreement, Franchisee shall provide a certificate of
insurance that names the City as an additional insured and is otherwise consistent with the
requirements of TMC 15.06.180.
7. SEVERABILITY - If any section, subsection, sentence, paragraph, term, or provision hereof is
determined to be invalid, or unconstitutional by any court of competent jurisdiction, such
determination shall have no effect on the validity of any other section, subsection, sentence,
paragraph, term or provision hereof,all of which will remain in full force and effect for the term of
the Agreement. If any material portion of the Agreement becomes invalid or unconstitutional so
that the intent of the Agreement is frustrated, the parties agree to negotiate replacement provisions
to fulfill the intent of the Agreement consistent with applicable law.
8. REMEDIES
a. This Agreement shall be subject to termination as set forth in TMC 15.06.310,provided that
the City complies with the requirements set forth in TMC 15.06.320 and 15.06.330.
b. All remedies under this Agreement, including revocation of the Agreement, are cumulative
and not exclusive, and the recovery or enforcement by one available remedy is not a bar to
recovery or enforcement by any other such remedy. The City reserves the right to enforce
the penalty provisions of any ordinance or resolution and to avail itself of any and all
remedies available at law or in equity. Failure to enforce shall not be construed as a waiver
of a breach of any term,condition or obligation imposed upon Franchisee by or pursuant to
this Agreement. A specific waiver of a particular breach of any term,condition or obligation
imposed upon Franchisee by or pursuant to this Agreement shall not be a waiver of any
other,subsequent or future breach of the same or of any other term,condition or obligation,
or a waiver of the term,condition or obligation itself.
C. The right is hereby reserved to the City to adopt, in addition to the reservations contained
herein and existing applicable ordinances,such additional regulations as it shall find necessary
for the regulation of the right-of-way, provided that such regulations, by ordinance or
otherwise, shall be reasonable and not in conflict with the rights herein granted. Franchisee
shall, at all times during the life of this Agreement, be subject to all lawful exercise of the
police power by the City, and to such reasonable regulations as the City may hereafter by
resolution or ordinance provide. The City hereby reserves the right to exercise,with regard
to this Agreement, all authority now or hereafter granted to the City by state statute or City
charter, except where such authority may be modified or superseded by the Constitution of
the State of Oregon or the Constitution of the United States.
Utility Franchise Agreement Page 2 of 3
City of Tigard,Oregon
0
9. ASSIGNMENT - All rights and privileges granted and duties imposed by this Agreement upon
Franchisee shall extend to and be binding upon Franchisee's successors, legal representatives and
assigns. This Agreement may not be transferred or assigned to another person unless such person
is authorized under all applicable laws to own or operate the Utility System and the transfer or
assignment is approved by all agencies or organizations required or authorized under federal or state
laws to approve such transfer or assignment. Franchisee shall provide the City with written notice
of any transfer or assignment of this Agreement within twenty(20)days of requesting approval from
any state or federal agency.
10. NOTICE-Unless specifically provided otherwise herein,all notices shall be mailed,postage prepaid,
to the following addresses or to such other addresses as Franchisee or the City may designate in
writing:
If to Franchisee: Windstream Communications,Inc.
11101 Anderson Drive, Ste. 100
Little Rock,AR 72212
Office: (501) 748-7654
If to City: City of Tigard
Attention: Marty Wine,City Manager
13125 SW Hall Blvd.
Tigard,Oregon 97223
11. GOVERNING LAW-The law of the State of Oregon governs the validity of this Agreement, and
its interpretation, performance and enforcement. Any action or suit to enforce or construe any
provision of this Agreement by any party shall be brought in the Circuit Court of the State of Oregon
for Washington County,or the United States District Court for the District of Oregon.
12. EFFECTIVE DATE -The effective date of this Agreement ("Effective Date") shall be the date it
is fully executed by the City and Franchisee.
CITY OF TIGARD FRANCHISEE
0 a)
By: By: ]Q�
Mayo
o U
Date: �6 a0� Title: -/ 1 QPM�QZ�c- VS�
V
Date: X (-fes(.,
Utility Franchise Agreement Page 3 of 3
City of Tigard,Oregon
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 14 - (pcZ
A RESOLUTION GRAN'T'ING A NON-EXCLUSIVE UTILITY FRANCHISE TO WINDSTREAM
COMMUNICATIONS, L.L.0 (D.B.A MCLEODUSA TELECOMMUNICATIONS SERVICES, L.L.C.)
PURSUANT TO TIGARD MUNICIPAL CODE SECTION 15.06.060
WHEREAS, the Tigard Municipal Code ("TMC' Section 15.06.060 allows the City Council to grant a non-
exclusive utility franchise to any person providing utility services which meets the requirements of the TMC;
and
WHEREAS,Windstream Communications,L.L.0 (d.b.a. McLeodUSA) last held a 10-year franchise agreement
with the City from August 10, 2000 through August 10, 2010, to provide telecommunications in the City at
which time it expired. Windstream continues to pay franchise fees to the City;and
WHEREAS, Windstream Communications, L.L.0 (d.b.a. Mc-&odUSA) has requested a new utility franchise
and has met all necessary requirements in TMC Chapter 15.06;and
WHEREAS,Windstream Communications,L.L.0 (d.b.a. McLeodUSA) has signed a standard Utility Franchise
Agreement without modification.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Windstream Communications, L.L.0 (db.a. McLeodUSA) is hereby granted a non-exclusive
utility franchise for a period of 10 years from the date of this action.
SECTION 2: The Mayor is authorized to execute the attached franchise agreement with Windstream
Communications,L.L.0 (d b.a. McLeodUSA)
SECTION 3: This resolution is effective immediately upon passage and signing by the Mayor.
PASSED: This / day of !/��,2014.
Cityy/ f igar
ATTEST: C'ou�u� T/t PQM
P�w
Deputy City Recorder-C' f Tigard
RESOLUTION NO. 14- (pa
Page 1
AUG 2 5 2009
McLeod USA®
August 22, 2000
Via U.S. Mail
Mr. Craig Prosser
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Craig:
Enclosed is the Acceptance of Franchise as granted pursuant to
Ordinance No. 00-24 by the City of Tigard to McLeodUSA Telecommunications
Services, Inc., which has been executed by McLeodUSA.
Please note that a certificate of insurance has been requested from our
insurance carrier and will be provided to you under separate cover.
Please do not hesitate to contact me if you have any questions. I can be
reached at 605-995-6169.
Sincerely,
&� 'd)'.A4
Kris Graham
Conti act .'',pwiaINjt
Enclosures
MCLEODUSA TECHNOLOGY PARK 6400 C Street SW PO Box 3177 CEDAR RAPIDS, IA 52406-3177
PHONE 319-364-0000 FAx 319-790-7901 http://www.mcleodusa.com
CITY OF TIGARD, OREGON
ORDINANCE NO. 00-<; /
AN ORDINANCE GRANTING TO MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. A
FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD,
OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR
TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AND AUTHORIZING THE
MAYOR TO SIGN THIS AGREEMENT.
WHEREAS, The ten-year franchise for the communication facilities and services provided by
McLeodUSA Telecommunications Services Inc. (McLeodUSA), described in the title of this
ordinance is now before the City Council for approval. The Council believes that the franchise
should be approved under the terms and conditions set forth in Exhibit A, attached hereto, and
by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are
hereby approved and adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of
the Council.
SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax
subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon
Constitution.
PASSED: By L1im Mvotepfall COUnC'I members present after being read by number
and title only, this day of , 000.
tatherine Wheatley, City Record
APPROVED: This day of , 2000.
�z
Brian J. Moore - Council President
A provedas to form:
ty Attorney 1Certified tc be a Tr Copy of `
Original onfile-), //. w
Date
City 'ecorder - City o Tigard
-� 3 .Oo
EXHIBIT "A"
A franchise agreement between the City of Tigard and McLeodUSA Telecommunications
Services, Inc. (McLeodUSA).
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby
granted by the City of Tigard to McLeodUSA Telecommunications Services, Inc.,
(herein referred to as "Grantee"); its successors and assigns; subject to the
development ordinances and regulations of the City, the right and privilege to
conduct a telecommunications business within said City, or such other public
property as may come within the jurisdiction of the City during the term of this
agreement for the purpose of furnishing, telecommunications services as defined
in State and Federal Law. This grant includes the right to erect, construct, place,
replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment,
amplifying equipment, fixtures, facilities, appliances, structures and other devices
including, but not limited to, electronic, optical and mechanical devices customarily
associated with Grantee's function, and purpose of serving as a
telecommunications utility.
This franchise is granted solely for the privilege of providing telecommunications
services as defined by State and Federal Law. This franchise does not include the
right to conduct the business of providing a "cable system" as defined in applicable
law. Should the Grantee desire to provide a cable system within the City, it must
comply with the City's regulations relating to cable communications in force at that
time.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any
of said streets, alleys, avenues, thoroughfares and public highways.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials
showing all proposed underground construction work to include the installation of
additional facilities or relocation or extension of existing facilities within any street,
alley, road or other public way or place within the corporate limits of the City. The
City will review the materials submitted and notify the Grantee of any City
requirements. For repair work or other work not considered underground
construction as stated above, the Grantee shall, if possible, notify the City of the
location and general description of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City
standard traffic control procedures and in accordance with requirements of
applicable federal laws, state laws, or City ordinances. In emergencies, such
filings shall be submitted within thirty (30) days of completion of emergency
construction work.
SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance,
the Grantee shall restore the portion of the street, alley, road, or public way or
place to the same condition to which it was prior to the excavation. All such work
shall be done in strict compliance with the rules, regulations, ordinances or orders
which may be adopted from time to time during the continuance of this franchise
by the City Council or City Engineer or as may be otherwise provided by law. The
City shall have the right to fix a reasonable time within which such repairs and
restoration shall be completed and upon failure of such repairs and restoration
being made by grantee, City shall cause such repairs to be made at the expense
of grantee.
SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and
defend the City and its officers, agents and employees from any and all damages,
costs and expenses or claims of any kind whatsoever, or nature, arising from any
injury to persons or property by reason of the negligent act or omission of the
Grantee, its agents or employees in exercising the rights and privileges granted
hereunder and by this franchise.
SECTION 6. Provide and keep in force public liability insurance, with a thirty-day cancellation
clause, with a combined single limit of one million dollars, relating to a single
occurrence, which shall be evidenced by a certificate of insurance filed with the
City Recorder. The City shall be named as an additional insured on the policy. The
insurance shall indemnify and save the City harmless against liability or damage
which may arise or occur from any claim resulting from the franchisee's operation
under this chapter. In addition, the policy shall provide for the defense of the City
for any such claims.
SECTION 7. The City, by its properly constituted authorities, shall have the right to cause the
grantee to move the location of any pole, underground conduit or equipment
belonging to grantee whenever the relocation thereof shall be for public necessity,
and the expense thereof shall be paid by the grantee. Such charges shall comply
with state statutes and administrative rules. Whenever it shall be necessary for
public necessity to remove any pole, underground conduit or equipment belonging
to grantee or on which any wire or circuit of the grantee shall be stretched or
fastened, the grantee, shall, upon written notice from the City, or its properly
constituted authorities, meet with the City Engineer and agree in writing to a plan
and date certain to remove such poles, underground conduit, equipment, wire or
circuit, at grantee's expense, and if the grantee fails, neglects or refuses to do so,
the City, by its properly constituted authorities, may remove the same at the
expense of the grantee. The costs associated with the removal, relocation or
extension of Grantee's facilities at the request of a private developer or
development shall be borne by such private developer or development.
SECTION 8. All notices and approvals required under this Agreement shall be in writing. The
Grantee shall provide the City with the name, position and phone number of
Grantee staff that can be contacted for administration of this Agreement and for
contact with construction-related questions and comments.
Such notices and approval shall be directed to the City as follows:
City Engineer, City of Tigard
13125 SW Hall Blvd., Tigard, Oregon 97223
(503)639-4171
SECTION 9. Upon request of the City, the grantee shall provide available plans and locate any
underground conduit or equipment belonging to grantee, as required for the
preparation of construction drawings.
SECTION 10. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise
the wires, cables or other plant of grantee for the passage of buildings, machinery
or other objects, grantee shall temporarily rearrange, remove, lower or raise, its
wires, cables or other plant as the necessities of the case require; provided,
however, that the person or persons desiring to move any such buildings,
machinery or other objects, shall pay the entire actual cost to grantee of changing,
altering, moving, removing or replacing its wires, cables or other plan so as to
permit such passage, and shall deposit in advance with grantee a sum equal to
such cost as estimated by grantee and shall pay all damages and claims of any
kind whatsoever, direct or consequential, caused directly or indirectly by changing,
altering, moving, removing or replacing of said wires, cables or other plant, except
as may be occasioned through the sole negligence of grantee, grantee shall be
given not less than ninety-six (96) hours written notice by the party desiring to
move such building or other objects. Said notice shall detail the route of
movement of such building or other objects over and along the streets, alleys,
avenues, thoroughfares and public highways and shall bear the approval of the
City. Such moving shall be with as much haste as possible and shall not be
unnecessarily delayed or cause grantee unnecessary expense or waste of time.
SECTION 11. In consideration of the rights and privileges hereby granted, grantee agrees to pay
to the City five percent(5%) of the gross revenues derived from exchange access
services, as defined in ORS 401.710 within the city limits less net uncollectibles.
Such payments shall be made to the City every six months for the life of this
agreement on or before March 15 for the six month period ended December 31,
and September 15 for the six month period ended June 30.
Such 5% payment will be accepted by the City from the Grantee also in payment
of any license, privilege or occupation tax or fee charged for regulatory or
revenue purposes. The 5% payment is not accepted in satisfaction of payments
due to City for the failure of Grantee to perform any of Grantee's obligations
pursuant to this franchise agreement including but not limited to Grantees'
obligations to bear the cost of repairs under Section 4 and the cost of relocation
under Section 6.
The City shall have the right to change the percentage of gross revenues set forth
above at any time during the life of this agreement provided it has made such
notice in writing at least 180 days prior to the effective date of any change.
The City shall have the right to conduct, or cause to be conducted, an audit of
gross revenues as defined herein. Such audits may be conducted at two year
intervals beginning two years after the effective date of this agreement. The City
shall conduct the audit at its own expense. Any difference of payment due either
the City or Grantee through error or otherwise as agreed upon by both the City and
Grantee, shall be payable within sixty(60)days after discovery of such error.
SECTION 12. The rights, privileges and franchise hereby granted shall continue to be in full force
for a period of ten (10)years from the date this ordinance becomes effective. It is
understood and agreed that either party may terminate or renegotiate the terms of
this agreement after 180 days notice in writing. This ordinance shall take effect and
be in force on the day of its passage and approval. This ordinance shall be subject
to any and all State or Federal laws and regulations.
SECTION 13. The Grantee shall, within thirty(30) days of the effective date of this ordinance, file
with the Recorder of the City its written acceptance of all the terms and conditions
of the ordinance and if not so accepted by the Grantee, this ordinance shall be
void.
DATED this��day of - , 2000.
CITY OF TIGARD
OREGON, aunicipal Corporation
Council President Brian J.Moore
ATTEST: , P LA
Catherine Wheatley
City Recorder
ACCEPTANCE OF FRANCHISL
WHEREAS, the CITY OF TIGARD, OREGON, under date of l 1 , 2000
passed ORDINANCE NO.U)-)-) , entitled as follows, to wit:
AN ORDINANCE GRANTING TO MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. A
FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD,
OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR
TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE MAYOR
TO SIGN THIS AGREEMENT; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, the undersigned, McLeodUSA Telecommunications Services, Inc.
(McLeodUSA), the grantee named in said Ordinance, does for itself and its successors and
assigns accept the terms, conditions and provisions of Ordinance No. "- and agrees to be
bound thereby and comply therewith.
IN WITNESS WHEREOF, McLeodUSA Telecommunications Services, Inc. (McLeodUSA) has caused
this instrument to be executed by its officers as below subscribed this Y i"' day of
2000.
Nlc�oed usa- Te��C•e�r���-:qtr n,r Ser- ;us,T,c,
APPROVED
Received b the Cit of Tigard "
y y g Law Groin
thisLday of , , 2000. Date
T/FIN AUG 2 5 2000
DATE(MM/DD/YY)
PRODUCER 319-364-0648 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
230 2ND ST SE STE 212 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2429 COMPANIES AFFORDING COVERAGE
CEDAR RAPIDS, IA 52406-2429 COMPANY
A American International Group
INSURED COMPANY
McLeodUSA Inc. & SUBSIDIARIES B FEDERAL INSURANCE CO(CHUBB)
AS PER ATTACHED LIST OF INSUREDS COMPANY
P 0 BOX 3177 C
Cedar Rapids IA 52406-3177 COMPANY
D
..... .
.:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YY) DATE(MM/DD/YY) LIMITS
A GENERAL LIABILITY GL4570331 11/01/99 1o/O1/00 GENERAL AGGREGATE $ 2000000
X COMMERCIAL GENERAL LIABILITY BF PD INCLUDED PRODUCTS-COMP/OP AGG $ 2000000
CLAIMS MADE 1XI OCCUR INDPT CONTRS INCL PERSONAL&ADV INJURY $ 1000000
OWNER'S&CONTRACTOR'S PROT XCU INCLUDED EACH OCCURRENCE $ 1000000
X GEN'L AGG BLKT CONTRACTURAL FIRE DAMAGE(Any one fire) $ 500000
PER PROJ. MED EXP(Any one person) $ 5000
A AUTOMOBILE LIABILITY AL4575416 11/01/99 10/01/00
X ANY AUTO COMBINED SINGLE LIMIT $ 1000000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)lip $
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY BE3577141 11/01/99 10/01/00 EACH OCCURRENCE $ 10000000
X UMBRELLA FORM COVG XS GL,AL,EL AGGREGATE $ 10000000
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND WC5716315AOS 1 1 io i/99 10/01/00 X WC STATUS . oTH-
TORY LIMITS ER
EMPLOYERS'LIABILITY WC5716316CA EL EACH ACCIDENT $ 500000
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 500000
PARTNERS/EXEC UTI V E
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500000
B OTHER 54027 11/01/99 10/01/00
PROPERTY INCL. BLDR RISK SPECIAL FORM INCLUDING THEFT
BLKT BLDG/CNTS AGREED VALUE/REPL COST
BLKT EDP/IM/BI/EE $100,000,000 LOSS LIMIT VALUES
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
THE CITY OF TIGARD, ITS OFFICIALS, AGENTS, AND EMPLOYEES ARE NAMED AS
ADDITIONAL INSUREDS AS RESPECTS TO THE PROJECT IN TIGARD, OREGON.
C.E#iTIF1Gi�iTE H#3LDER.:.. O�....../ ....
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF TIGARD EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN: CRAIG PROSSER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
13125 SW HALL BLVD BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
TIGARD, OREGON 97223 OF AjYY KIND LIPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTH I Ea E ES ATIV /
. �wJ
...........................................................................................:......::.:::::::::::::::::::::::::::::::::::::::::::::::.:.::.::::::::::::::::.::::::::::::::::::.::::::::::::::::::::::::::.:::::::::::::: ::::::.
.......:::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::.......
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ACOnnDATE
.:................................. ::::::::::::::::::::::::::::::::::::::: ::: S.
4 .: .G::::::::::::::: 9/28/00
PRODUCER:::::............................................................................................................................
...........:::::::::::::::::::::.::.:::::::::.::::.:::::::::::::::::::::::::.:::::::.::::::::::.
319-364-0648 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
230 2ND ST SE STE 212 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2429 COMPANIES AFFORDING COVERAGE
CEDAR RAPIDS, IA 52406-2429 COMPANY
A NATIONAL UNION FIRE INS CO
INSURED
COMPANY TRAVELERS INS CO(NAT'L ACCTS)
McLeodUSA Inc. & SUBSIDIARIES B
AS PER ATTACHED LIST OF INSUREDS COMPANY
P 0 BOX 3177 C AMERICAN HOME ASSURANCE
Cedar Rapids IA 52406-3177 COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DDNY) DATE(MM/DD/YY)
A GENERAL LIABILITY GL4570331 10/01/00 10/01/01 GENERAL AGGREGATE $ 2000000
X COMMERCIAL GENERAL LIABILITY BF PD INCLUDED PRODUCTS-COMP/OP AGG $ 2000000
CLAIMS MADE a OCCUR INDPT CONTRS INCL PERSONAL&ADV INJURY $ 1000000
OWNER'S&CONTRACTOR'S PROT XCU INCLUDED EACH OCCURRENCE $ 1000000
X GEN'L AGG BLKT CONTRACTURAL FIRE DAMAGE(Any one fire) $ 500000
PER PROJ. MED EXP(Any one person) $ 5000
A AUTOMOBILE LIABILITY AL4575416 10/01/00 10/01/01
X ANY AUTO COMBINED SINGLE LIMIT $ 1000000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY BE7405002 10/01/00 10/01/01 EACH OCCURRENCE $ 10000000
X UMBRELLA FORM COVG XS GL,AL,EL AGGREGATE $ 10000000
OTHER THAN UMBRELLA FORM $
C WORKERS COMPENSATION AND WC4551756-AOS 10/01/00 10/01/01 X IT RY IMIT WC sTATu- ER
0TH-
EMPLOYERS'LIABILITY WC4551754-CA EL EACH ACCIDENT $ 500000
THE PROPRIETOR/ INCL WC4551754-WI EL DISEASE-POLICY LIMIT $ 500000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500000
B OTHER KTJCMB-123D1992 10/01/00 10/01/01
PROPERTY INCL. BLDR RISK SPECIAL FORM INCLUDING THEFT
BLKT BLDG/CNTS AGREED VALUE/REPL COST
BLKT EDP/IM/BI/EE $250,000,000 LOSS LIMIT VALUES
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
THE CITY OF TIGARD, ITS OFFICIALS, AGENTS, AND EMPLOYEES ARE NAMED AS
ADDITIONAL INSUREDS AS RESPECTS TO THE PROJECT IN TIGARD, OREGON.
..:.:'::::. :.,,,..: .5,`1 ' 2`t ` ? i} >`j tf?t' ? �': ........: ............. `.. ' ' y Y 2 % I I :
�i'1`IIl=�t0. ti:k L13ER :...................:........... C�xNCI:#E11E'10'. . .........:..::..........:.......:..:....
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF TIGARD EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN: CRAIG PROSSER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
13125 SW HALL BLVD BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
TIGARD, OREGON 97223 OF Y KIND TON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTH I E E
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Insured Entities
McLeodUSA Incorporated McLeodUSA Publishing Company
McLeodUSA Telecommunications Services,Inc. McLeodUSA Media Group, Inc.
McLeodUSA Network Services, Inc. McLeodUSA Diversified, Inc.
McLeodUSA Integrated Business Systems,Inc. Talking Directories,Inc.
Ruffalo,Cody&Associates,Inc. Campus Call,Inc.
McLeodUSA Purchasing L.L.C. J-Mar Publishing Company,inc.
Consolidated Communications Inc. Consolidated Market Response Inc.
Illinois Consolidated Telephone Company Consolidated Communications Directories Inc.
Consolidated Communications Operator Services Inc. Consolidated Communications Public Services Inc.
Consolidated Communications Systems&Services Inc. Illinois SMSA Limited Partners,Inc.
Frontier Directory Company of NE,Inc. Info America Phone Books,Inc.
Ovation Communications of IL,Inc. Ovation Communications,Inc.
Ovation Communications International,Inc. One Stop Telecommunications,Inc.
Ovation Communications of MN,Inc. dba McLeodUSA McLeodUSA Communications of WI,Inc.
Dakota Telecom,Inc. Dakota Telecommunications Systems,Inc.
DTG Internet,Inc. DTG Communications,Inc.
DTG DataNet,Inc. DTG Community Telephone,Inc.
Fronteer Directory of MN,Inc. Access Communications
Dakota Wireless Systems,Inc., BRE Communications,L.L.C.dba McLeodUSA
LIVEware5,Inc. Splitrock Services,Inc.
Splitrock Holdings, Inc. Splitrock Leasing LLC
Midwest Cellular Associates NewCom Companies,Inc.
QST Communications,Inc.dba McLeodUSA Access Communications Holdings,Inc.
SJ Investments Holdings,Inc. Telecom Park LLC
Advance Telecommunications