HomeMy WebLinkAboutAgenda Packet 03/09/2010UTILITY ADVISORY COMMITTEE
Vern Burton Meeting Room
Port Angeles, WA 98362
March 9, 2010
3:00 p.m.
I. Call To Order
II. Roll Call
III. Approval Of Minutes For February 23, 2010
IV. Late Items
V. Discussion Items:
A. Nomination and Election of Vice Chairman
B. Reimbursement Resolution for Capital Project Financing
C.
N: \UACTINAL \030910
Industrial Wastewater Pretreatment Program Ordinance
Amendments
D. Metropolitan Network Services Agreement
E. Nippon Paper Industries USA Co. Ltd. Supplement To Settlement
Agreement
F. GoogleTM Fiber for Communities
VI. Information Only Items:
G. 2009 Consumer Confidence Water Quality Report
H. Broadband Technology Opportunities Program Grant Application
Update (verbal report only)
I. Advanced Metering Infrastructure and Demand Response Project
Update (verbal report only)
VII. Next Meeting Date: April 13, 2010
VIII. Adjournment
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W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: March 9, 2010
To: Utility Advisory Committee
From: Yvonne Ziomkowski, Finance Director
Subject: Reimbursement Resolution for Capital Project Financing
Summary: The City intends to issue bonds in 2010 and 2011 to cover the cost of utility
improvements within the city limits of Port Angeles. The bond financing will occur later in 2010
and 2011. Some expenses, such as design costs, will necessarily be paid prior to the issuance of the
bond. To assure the reimbursement for these costs from the bond proceeds, it is necessary to adopt
a resolution authorizing the reimbursement.
Recommendation: Forward a recommendation to City Council to adopt a resolution to
authorize reimbursement from bond proceeds to the Water, Wastewater, Electric, and
Stormwater Funds for expenditures made prior to the issuance of the bonds.
Background /Analysis: On June 16, 2009, the Council approved the Capital Facilities Plan
for the years 2009 -2015. Some of the projects are included in the 2010 Budget. The plan for
financing utility improvements includes the issuance of bonds. Usually, the bonds would be issued
first. However, it is beneficial to complete the design stage and ensure more accurate estimates of
costs and construction schedule before proceeding with the bond issuance. Money for those costs
will be advanced from the reserves. By adopting attached resolution, we assure reimbursement of
those funds when the bonds are issued.
A list of projects which will be considered for financing by the bonds is attached.
N \UAC\Final\Reimbursement Resolution for Capital Project Financing doc
WHEREAS, the City Council of the City of Port Angeles, Washington (the "City"),
wishes to declare, on behalf of the City, the City's official intent to reimburse certain
expenditures with proceeds of tax exempt debt to be incurred by the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles as follows:
Section 1. The City has appropriated, and reasonably expects to appropriate, funds
from the Electric, Water, Wastewater, and Stormwater Funds to pay costs of utility
improvements within the City. The list of those projects is attached hereto as Exhibit "A
Section 2. The City reasonably expects to reimburse the Electric, Water,
Wastewater, and Stormwater Funds for such expenditures from the proceeds of tax-exempt debt
to be incurred by the City (the "Reimbursement Bonds
Section 3. This resolution shall become effective immediately upon its passage and
approval by law.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of 2010.
ATTEST:
Janessa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, declaring its intent to reimburse certain expenditures
with proceeds of tax exempt debt to be incurred by the City.
MAYOR
G LEGAL \ORDINANCES &RESOLUTIONS \RESOLUTIONS 2010 \5 RetmburseTaxExcmptExpendttures 03 01 10 wpd
Utility
Electric
Water
Wastewater
Water
Water
Wastewater
ICIP Project
*Advanced Metering Infrastructure
CL03 -2008
*Advanced Metering Infrastructure
WT01 -2008
*Advanced Metering Infrastructure
WT01 -2008
*Design for Phase II III Transmission Line
WT01 -2006 WT02 -2005
*Design for McDougal Subzone
Improvements
Additional Design for CSO Phase I
WW08 -2008
Septage Receiving Station
WW02 -2008
*Design 1st yr. of Construction for 4th
Stormwater Street Stormwater Improvements
*Use cash reserves to be replenished by bond proceeds
Wastewater
Electric
Electric
Water
Water
Water
Wastewater
Wastewater
Wastewater
Wastewater
Wastewater
Stormwater
*Similar project timing
2010 Budget CIP Project Financing
2011 CIP Project Financing
Utility Pole Replacement (200 poles /year)
CL01 -2010
Street Lighting Replacement
CL05 -2009
Concrete Cylinder Pipe Replacement
WT02 -2009
Transfer Morse Creek Waterlines to PUD
WT03 -2009
McDougal Subzone Improvements
WT04 -2007
*Combined Sewer Overflow Phase I
WW08 -2008
*Digester Mixing Improvements
WW05 -2008
*Plant Dewatering Improvements
WW02 -2005
2nd Yr.of Septage Receiving Station
WW02 -2008
Sewer Trestle at Francis 8th
WW05 -2009
2nd year of Construction of 4th Street
Stormwater Improvements
Exhibit "A"
Funds Needed
!Amount Financed I Earliest I Latest
2,777,000 Jul -10 Sep -10
1,113,000 Jul -10 Sep -10
1,113,000 Jul -10 Sep -10
575,000 Mar -10 Jul -10
40,000 Mar -10 Oct -10
700,000 Dec -10
102,500 Jun -10 Dec -10
325,000 Mar -10
6,745,500
Jul -10
1,000,000 Include 4X for future?
300,000 Include 4X for future?
1,430,000 Include 4X for future?
400,000
460,000
4,945,000
300,000
1,000,000
494,500 Jan -11 Jan -11
400,000
475,000 Jan -11 Jan -11
Date:
To:
From:
Subject:
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
March 9, 2010
Utility Advisory Committee
Kathryn Neal, Engineering Manager
Industrial Wastewater Pretreatment Program Ordinance
Summary: The Wastewater Utility is required by the Washington State Department of Ecology
to update its Industrial Wastewater Pretreatment Program to comply with our Industrial National
Pollutant Discharge Elimination System permit, and to comply with Environmental Protection
Agency standards.
Recommendation: For information only, no action requested
Background /Analysis: At the February 9, 2010 Utility Advisory Committee meeting, a
presentation was made on the proposed Industrial Wastewater Pretreatment (IWP) Program update,
as well as elements of the draft ordinance. A favorable recommendation was made by the Utility
Advisory Committee to City Council to proceed with a public hearing on the subject. A presentation
was given at the March 2, 2010 City Council meeting, and the public hearing was opened. A first
reading of the ordinance is scheduled for March 18, 2010, and a second reading for April 5, 2010.
The proposed ordinance will both repeal the existing ordinance in its entirety and establish a new
ordinance. It includes an array of administrative and judicial enforcement measures available to the
Public Works and Utilities Director. The implementation manual includes an enforcement response
plan to assure that enforcement actions are applied in a fair and consistent manner.
It is anticipated that a draft of the proposed ordinance will be handed out at the UAC meeting, and
staff will be available to answer questions about the IWP Program and proposed ordinance. Jeff
Young, the Wastewater Treatment Plant Superintendent, will present additional information about
proposed adjustments to the City's Industrial Wastewater Pretreatment fees.
Via Electronic and U.S. Mail
Mr. Larry Dunbar
Deputy Director
Public Works and Utilities Department
321 East Fifth Street
P.O. Box 1150
Port Angeles, WA 98362 -0217
Dear Mr. Dunbar:
"!CTC
COMMUNICATIONS
ANALYSIS
FOR THE P I UB LI C INTEREST
Columbia Telecommunications Corporation 10613 Concord Street Kensington, MD 20895
301.933.1488 fax: 301.933.3340 www.CTCnet.us
Re: MAN Services Agreement Recommendations
March 5, 2010
Based on our independent review and evaluation of the submitted proposals in response to the
Metropolitan Area Network (MAN) Services Request for Proposals (RFP), Columbia
Telecommunications Corporation (CTC) recommends that the City award the contract to CPI.
We base our recommendation on the following factors and considerations.
CTC assisted the City in preparing the RFP. The technical contents of the City's RFP were
substantially based on findings and recommendations CTC developed from an assessment of the
City's technical and functional requirements for MAN services. The City received competitive
and responsive proposals from CPI and Wave Broadband. We found that both CPI's and Wave's
proposals were technically compliant with the RFP, and therefore suitable to meet the City's
technical and functional needs for MAN services.
The key criterion influencing our recommendation is the significantly lower initial (start-up) and
recurring (long -term) cost for MAN services offered by CPI. CPI already has extensive fiber
connectivity to City facilities, and is thus able to provide ongoing service with little or no
additional capital outlay. Moreover, recurring service charges proposed by CPI are significantly
less than those proposed by Wave.
The negotiated service rates with CPI will provide the City with a wide range of
telecommunications services that are priced at levels significantly below those that are charged
in other areas of the country. Table 1 provides a summary of pricing for comparable services
compared to the negotiated rates with CPI.
Mr. Larry Dunbar
March 5, 2010
Page 2 of 2
Table 1: Cost Comparison of Recurring Costs for Commercial Metro Ethernet Services
Typical Monthly Rate
Provider city Region Service Name /Category (Contract Terms of 2 years or more)
5 -10 Mbps 1 100 Mbps 1 1000 Mbps
CPI (Port Angeles, WA VLAN $751 $1751 $190
AT &T 'California OPT- E -MAN $1,0251 $1,7751 $3,4251
Qwest 'Nationwide (inlcuding Tacoma and Seattle) QMOE $1,2401 $1,8001 $6,6401
Venzon Maryland, Virginia, District of Columbia TLS $9051 $2,0501
Time Warner Durham, NC Business Class Ethernet $6501 I
Ver¢on 'Pittsburgh, PA TLS 1 $1,2001 $0
Notes
Based on published tariff rates for Basic Service Charge for a 60 -month contract with Committed Information Rates (CIR) of 5 Mbps, 100 Mbps, and 1,000 Mbps,
respectively
2
Based on published tarrif rates for QMOE port fee, 60 -month contract, and bandwidth options for 5 Mbps, 100 Mbps, and 1,000 Mbps, respectively
3 Based on recent quoted rates to local government customers
4 Based on approximate pricing obtained by City sources
The upgrade of the CPI backbone, along with the availability of redundantly routed fiber feeds to
key facilities and enhanced network, security, will greatly enhance the City's backbone
capability. As discussed in our "Metropolitan Area Network Requirements Assessment and
Strategic Recommendations," much of the City -owned LAN equipment is in need of
replacement or upgrade. We recommend that the City consider upgrades of key LAN equipment,
as detailed within our assessment
Thank you again for the opportunity to support the City on this project. Should you require any
additional information regarding findings and recommendations, please feel free to contact me.
Best Regards,
Lee Afflerbach, PE
Project Manager
PORTNGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: March 9, 2010
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Metropolitan Area Network Services Agreement
Summary: At the direction of the City Council, staff and Columbia Telecommunications
Corporation completed the procurement process for Metropolitan Area Network services. A total
of four Vendors participated in the process and two Vendors submitted proposals. After
evaluations and interviews, Capacity Provisioning, Inc. was selected as the Vendor that provides
the best value to the City.
Recommendation: Following a presentation, forward a favorable recommendation to City
Council to authorize the Mayor to sign the Metropolitan Area Network Services Agreement
with Capacity Provisioning, Inc.
Background /Analysis: On August 20, 2002, City Council approved an Institutional
Network Services Agreement with Capacity Provisioning, Inc. (CPI). As part of the Agreement,
CPI initially constructed approximately 13 miles of fiber optic infrastructure to provide wide area
networking services to 35 municipal facilities and installed core networking equipment in 3 of the
6 Institutional Network node enclosures. The City has been receiving wide area networking
services and Internet access from CPI since then. The former Institutional Network Services
Agreement with CPI provided telecommunications services to the City at about 1 /10 of the cost
of fiber optic service compared to other regional and national markets at that time.
On March 17, 2009, after completing a selection process the City Council approved an agreement
with Columbia Telecommunications Corporation (CTC) to prepare a network needs assessment.
The assessment included an evaluation of the Institutional Network and City computer network
security needs. Since the creation of the network in 2002, there have been technology
advancements that provide enhanced capacity, security and overall network availability. As part
of its assessment, CTC recommended that the City prepare a request for proposals (RFP) for future
Metropolitan Area Network Services. On July 21, 2009, City Council approved an amendment to
the agreement with CTC to proceed with an RFP and authorized the City Manager to negotiate and
execute a one -year extension to the term of the Institutional Network Services Agreement with
CPI. The RFP and additional background information on fiber optics is available from the City's
ftp website http: /olvnen.com/cona/ under the "Metropolitan Area Network" folder.
N \UAC\Final\MAN Services Agreement doc
Metropolitan Area Network Services Agreement
March 9, 2010
Page 2
As part of the recent procurement process, a total of four vendors registered with the City to
participate in the RFP and two vendors (Wave Broadband and Capacity Provisioning, Inc.)
submitted proposals. A summary of the Metropolitan Area Network Services RFP procurement
schedule is provided below. Staff updated the Utility Advisory Committee on milestones and
progress on this RFP on October 13, 2009, December 8, 2009, and February 9, 2009.
Metronolitan Area Network Services RFP Procurement Schedule
Milestone
RFP advertisement
Pre proposal conference
Proposal deadline
Vendor interviews
Proposal review and evaluation
Vendor negotiations
Utility Advisory Committee consideration
City Council contract award
Completion Date
November 23, 2009
December 2, 2009
February 4, 2010
February 11, 2010
February 12, 2010
March 5, 2010
March 9, 2010
March 16, 2010
A staff team was assembled to work with CTC during the procurement process. The staff team
participated in the development of the RFP, evaluation of vendor proposals, vendor interviews, and
vendor selection. The staff team and CTC reported to the senior management team, which
provided direction to the staff team.
As a result of evaluating the Vendors Technical Proposals, Service Charge Proposals, and
interviews, Capacity Provisioning, Inc. was selected as the most responsive Vendor and the one
that provides the best value to the City. This conclusion was confirmed by senior management.
Staff completed reference checks, background checks, and with support from CTC negotiated the
attached Metropolitan Area Network Services Agreement with Capacity Provisioning, Inc.
As part of the negotiation Capacity Provisioning, Inc. agreed to: provide a 10% overall reduction
in the recurring service charge for 38 City sites; temporarily maintain its current recurring charges
for 3 City sites receiving point -to -point dark fiber services; proceed with construction of redundant
fiber optics for 12 high priority City sites in 2011 (afterward point -to -point dark fiber services will
be discontinued), and will delay recurring service charges for 6 redundant City sites for up to three
years. The Vendors proposals are available for review at City Hall in the Public Works and
Utilities engineering office, confidential computer network security related information has been
removed from all documents.
Following a presentation, staff recommends that the Utility Advisory Committee forward a
favorable recommendation to City Council to authorize the Mayor to sign the Metropolitan Area
Network Services Agreement with Capacity Provisioning, Inc.
Attachments: Columbia Telecommunications Corporation Letter of Recommendation
Proposed Metropolitan Area Network Services Agreement
Status
Complete
Complete
Complete
Complete
Complete
Complete
Via Electronic and U.S. Mail
Mr. Larry Dunbar
Deputy Director
Public Works and Utilities Department
321 East Fifth Street
P.O. Box 1150
Port Angeles, WA 98362 -0217
Dear Mr. Dunbar:
Re: MAN Services Agreement Recommendations
COMMUNICATIONS
ENGINEERING ANALYSIS
FORTi -JE PUBLIC INTEREST
Columbia Telecommunications Corporation 10613 Concord Street Kensington, MD 20895
301.933.1488 fax: 301.933.3340 www.CTCnet.us
March 5, 2010
Based on our independent review and evaluation of the submitted proposals in response to the
Metropolitan Area Network (MAN) Services Request for Proposals (RFP), Columbia
Telecommunications Corporation (CTC) recommends that the City award the contract to CPI.
We base our recommendation on the following factors and considerations.
CTC assisted the City in preparing the RFP. The technical contents of the City's RFP were
substantially based on findings and recommendations CTC developed from an assessment of the
City's technical and functional requirements for MAN services. The City received competitive
and responsive proposals from CPI and Wave Broadband. We found that both CPI's and Wave's
proposals were technically compliant with the RFP, and therefore suitable to meet the City's
technical and functional needs for MAN services.
The key criterion influencing our recommendation is the significantly lower initial (start-up) and
recurring (long -term) cost for MAN services offered by CPI. CPI already has extensive fiber
connectivity to City facilities, and is thus able to provide ongoing service with little or no
additional capital outlay. Moreover, recurring service charges proposed by CPI are significantly
less than those proposed by Wave.
The negotiated service rates with CPI will provide the City with a wide range of
telecommunications services that are priced at levels significantly below those that are charged
in other areas of the country. Table 1 provides a summary of pricing for comparable services
compared to the negotiated rates with CPI.
Mr. Larry Dunbar
March 5, 2010
Page 2 of 2
Table 1: Cost Comparison of Recurring Costs for Commercial Metro Ethernet Services
Typical Monthly Rate
Provider Gty Region Service Name /Category (Contract Terms of 2 years or more)
5 -10 Mbps 1 100 Mbps 1 1000 Mbps
CPI 1Port Angeles, WA VLAN $751 $1751 $190
AT &T (California OPT -E -MAN' $1,0251 $1,7751 $3,425
Qwest $Nationwide (Inlcuding Tacoma and Seattle) QMOE $1,2401 $1,8001 $6,640
Verizon Maryland, Virginia, District of Columbia TLS $9051 $2,0501
Time Warner (Durham, NC Business Class Ethernet $6501 I
Verizon Pittsburgh, PA TLS I $1,2001
Notes
1 Based on published tariff rates for Basic Service Charge for a 60 -month contract with Committed Information Rates (CIR) of 5 Mbps, 100 Mbps, and 1,000 Mbps,
respectively
2
Based on published tarrif rates for QMOE port fee, 60 -month contract, and bandwidth options for 5 Mbps, 100 Mbps, and 1,000 Mbps, respectively
3 Based on recent quoted rates to local government customers
4 Based on approximate pricing obtained by City sources
The upgrade of the CPI backbone, along with the availability of redundantly routed fiber feeds to
key facilities and enhanced network security, will greatly enhance the City's backbone
capability. As discussed in our "Metropolitan Area Network Requirements Assessment and
Strategic Recommendations," much of the City -owned LAN equipment is in need of
replacement or upgrade. We recommend that the City consider upgrades of key LAN equipment,
as detailed within our assessment
Thank you again for the opportunity to support the City on this project. Should you require any
additional information regarding findings and recommendations, please feel free to contact me.
Best Regards,
r-
C
Lee Afflerbach, PE
Project Manager
c 1 Lttd)
Utility Advisory Committee
Metropolitan,
Metropolitan Communications Consultants
Agenda
1. Background
2. Networking Terminology
3. Procurement Process
4. Metropolitan Area Network
Services Agreement Summary
5. Questions and Answers
page 1
3/9/2010
Optical Fiber in PA 1/14/02
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Metropolitan Communications Consultants
1. Background
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page 2
3/9/2010
Needs and
Interests
(4/2001)
Telecommunications Background
Business
Plan
(5/200
Metropolitan Communications Consultants
Fiber optic
Cable Bid
(1/2001)
Comprehensive
Ordinances
(6/2001)
Cable
Franchise
(5/2002)
WAN Use
Agreement
(8/200
e ppOsumgoftoic4,
y
Action Plan Preliminary City Council
Adopted Engineering Goal (1999)
(10/2000) Study (2/2000)
Network Recognition
2003 AWC Award "Opting for Fiber Optics"
Institutional
Network
Services
Agreement
(9/2002)
Olypen free Internet access 2003 2004
Additional background http•1j2 en.com /coQaL
page 3
3/9/2010
2. Networking Terminology
Networking Terminology
A. Data Transmission Overview
B. Network Components
C. WAN Applications
D. Internet Access Applications
E. Current City sites
F. Current Network charges
page 4
Metropolitan Communications Consultants 3/9/2010
A. Data Transmission Overview
V LN (Fast Ethernet)
DS -3 (T -3)
Cable Modern
DS -1 (T -1)
DSL
Dial -Up
Metropolitan Communications Consultants
Millions bits per second)
Bandwid
Compon
B' Network rk within a City site
Local Area Net
5
a Networ (WAN)
B. Wide Are
Op
tic
fiber
Sites Site Drop
Metropolitan Commun%oattons Consultants
Nodes
Fiber Opt
Ring
Network (ALAN)
B.
Virtual °cal Area
r* i4(i
pag 6
C. WAN Applications (VLAN Service)
SunGard enterprise system (Community, financial utility
systems)
Public safety connectivity
Supervisory Control and Data Acquisition Systems (electric,
water, wastewater)
Video surveillance
GroupWise Email and calendaring
File records, exchange, collaboration
✓Telecommunications business continuity
Voice over Internet protocol (phones)
Geographic information systems (GIS)
Voice radio communications
D. Internet Access Applications
Internet access to /from City Hall
✓Access to "Click to Gov"
✓Access to City website, Laser downloading documents
Download /upload to ftp website
Video conferencing epopcentral.com
Public safety video conferencing
Current redundancy off peninsula
Future redundancy to City Hall
Distributed to City sites
2 Mbps frugal
1
1
page 7
Metropolitan Communications Consultants 3/9/2010
E. Current City Sites ($5,679.92 February 2010)
"Take or Pay" VLAN Service
City Sites
Coy Hall 321 E 5th Street
Corp Yard 1703 S 8 St
Wastewater Treatment Plant 1509 Columbia St
Light Operations 2007 S O St
PenCom 405 S Peabody
Fire Staten 102E 5th St
Senior Center 328 E 7th St
Transfer Staten Budding A 3501 W 18"
Parks Maintenance 16th St F St
Willem Shore Pool 225E 5th St
Cemetery Office 3127 W 18th St
Park Surveillance Waterfront
Park Survedlance France Park
Park Surveillance Dream Playground
Pump Staten 82 109 S Cherry
Pump Staten #3 1506 Menne Dr
Pump Staten #4 313 Marine Drive
Pump Staten #5219 Er St
Vern Burton Community Canter
Water Treatment Plant 3439 W 18th St
Mbos Redundant CM Sites
100 Laurel Substation 110E 14" St
100 Washington Substation 224 S Washington St
100 Valley Substation 206 S Valley St
100 College Substation 1306 E Park St
100 A Street Substation 1616 A St
100 F Street Substation 1604 S F St
100 I Street Substation 1538 W 7 St
100 Peabody Heghts Reservoir 601 Viewcrest Dr
100 Jones Street Reservoir 1211 E 9" Street
100 E Street Reservoir 1018 S E Street
100 Fairmont Pump Staten 4400 C St
5 Pump Staten #6 933 Church Ave
5 Pump Station #7 2250 W 19th St
5 Pump Staten 98 1312 H St
5 Pump Staten #0 226 Del Gum Dr
5 Pump Staten 010 1829-1/2 W 12 St
5 Pump Staten #11 10 Eclipse Industrial Pkwy
5 Fine Arts Center 1203 E Laundsen
100 Carnegie Library 205 S Lincoln
100
Current Point -To -Point Service
From City Hall to Corp Yard 1703 S B St
From Light Ops to Water Treatment Plant 3439 W 1851 St
From Corp Yard to Light Operations 2007 S 0 St
Carnegie Library
Prior site drop LAN improvements part of remodel
2002 City Council take or pay decision
New RFP includes City ability to discontinue services
All past charges to Carnegie Library allocated are for VLAN
service (no Internet access costs)
VLAN service is not the same as Internet access
Mbos
100
100
100
100
100
100
100
5
5
5
5
5
5
5
5
5
5
100
100
Door hangers originally installed at Carnegie Library to
promote usage
Check register should be changed from "INet Chgs -City
Hall" which was meant to describe Institutional Network
Services Agreement expenses for City Hall to "Network
Svs -City Hall"
Redundant
Yes
Yes
Yes
page 8
Metropolitan Communications Consultants 3/9/2010
Prior Service Charges ($906,444)
From 9/2002 to 9/2009
Equipment
Facilities,
$394,634
44%
Internet
Access,
$28,500 3%
City Utility
Taxes,
$27,357 3%
VLAN
Services,
$455,952
50%
3. Procurement Process
page 9
Metropolitan Communications Consultants 3/9/2010
Procurement Schedule
Milestone Completion Date Status
RFP advertised for consultmg services December 14, 2008 Complete
Consulting proposal deadline February 13, 2009 Complete
Utility Advisory Committee consideration March 10, 2009 Complete
City Council contract award March 17, 2009 Complete
Network Needs Assessment Report October 13, 2009 Complete
RFP advertisement for MAN services November 23, 2009 Complete
Pre proposal conference December 2, 2009 Complete
Proposal deadline February 4, 2010 Complete
Vendor interviews February 11, 2010 Complete
Proposal review and evaluation February 12, 2010 Complete
Vendor negotiations March 5, 2010 Complete
Utility Advisory Committee consideration March 9, 2010
City Council contract award March 16, 2010
Procurement team member
Elizabeth Strait
Jim Harper
Bnan Smith
Derek Beery
Gary Brooks
Michael McCarty
Lee Afflerbach
Matthew DeHaven
Larry Dunbar
Senior management oversight
Kent Myers
Glenn Cutler
Yvonne Ziomkowski
Nathan West
Terry Gallagher
Dan McKeen
William Bloor
Procurement Team
Department/Division
Finance /Information Technology
Finance /Information Technology
Police
Community and Economic Development
Police /PenCom
Fire
Columbia Telecommunications Corporation
Columbia Telecommunications Corporation
Public Works and Utilities /Power Systems
Department
City Manager
Public Works and Utilities
Finance
Community and Economic Development
Police
Fire
City Attorney
page 10
Metropolitan Communications Consultants 3/9/2010
1st GENERATION
NETWORK
Fiber optic site drops
Encryption for enhanced
security
Major computer network
advances
Network Evolution
2nd GENERATION
NETWORK
Redundant site drops
Up to 100 Mbps site drops Up to 1 Gbps site drops 10 Gbps
1 Gbps ring ring
LAN up to 1 Gbps Redundant LAN connections
Modern security eliminates
encryption
More bandwidth, reliability, and
security for less
Procurement Process
RFP consistent with consultant needs assessment
Apples to apples competitive pricing
Use of existing fiber optic infrastructure
Core network equipment upgrade, 10X current
capacity, enhanced security
Vendor partnering exceptions allowed
Redundant City sites 99.999% reliability
Advertisements (City NWPPA websites, Daily
Journal of Commerce) direct mailing (Qwest, Wave
Broadband, Powerstream Communications,
Capacity Provisioning)
page 11
Metropolitan Communications Consultants 3/9/2010
Non disclosure agreement, background checks
Service charge schedules for current sites,
redundant sites, future possible sites
Commitment to economic development
Public safety service charges
City Sites
City Hall 321 E 5th Street
Corp Yard 1703 S B St
Wastewater Treatment Plant 1500 Columbia St
Light Operations 2007 S O St
PenCom 405 S Peabody
Fire Station 102 E 5th St
Senior Center 328 E 7th St
Transfer Station Building A 3501 W 18
Parks Maintenance 18th St F St
William Shore Pool 225 E 5th St
Cemetery Office 3127 W 18th St
Park Surveillance Waterfront
Park Surveillance Francis Park
Park Surveillance Dream Playground
Pump Station *2 109 S Cherry
Pump Station #31506 Marine Or
Pump Station #4 313 Marne Dnve
Pump Station 00 219E 2 St
Water Treatment Plant 3439 W 18 St
Procurement Process
Future City Sites
Tzi VLAN Service
Mb. Redundant City Sites
1000 Yes Laura Substation 110E t4 St
1000 Yes Washmgton Substation 224 S Washington St
1000 Yea Valley Substation 208S Valley St
1000 Yes College Substation 1308 E Park St
100
1000
100
100
100
100
100
100
100
100
100
100
100
100
1000
A Street Substation 1818 A St
Yes F Street Substation 1804 S F St
I Street Substabon 1538 W 7 St
Peabody Heights Reservgr 801 Vievxrest Dr
Jones Street Reserver 1211 E 9° Street
E Street Reservgr 1018 S E Street
Fairmont Pump Station 4400 C St
Pump Station 06 933 Church Ave
Pump Station 07 2250 W 19th St
Pump Station #8 1312 H St
Pump Stases 09 228 Del Gum Or
Pump Staban 010 1829 -1/2 W 12 St
Pump Stabon #11 10 Eclipse Industrial Pkwy
EAvha Water Treatment Plant 671 Crown Zee Water Rd
Yes Ranney Well 873 Crown Zee Water Rd
City Hall to Clallam County Courthouse
Mbps
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
1000
100
PTP
Temporary Point -To -Point Service
From City Hall to Corp Yard 1703 S 8 St
From Light Ops to Water Treatment Plant 3439 W 18111 St
From Corp Yard to Light Operations 2007 S 0 St
Redundant
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
yes
page 12
Metropolitan Communications Consultants 3/9/2010
Vendor
Capacity
Provisioning
Wave
Broadband
Max Score
Possible
Vendor Proposal Evaluation Criteria
Service
charges, 25%
Commitment to
economic
development
15%
Qualifications
25%
Commitment
Technical to Economic
Proposal Qualifications Development
Technical
proposal 35%
Proposal Evaluation Summary
Service
Charge
Proposal
Overall
Score
30 20 10 19 80
16 8 4 15 44
35 25 15 25 100
page 13
Metropolitan Communications Consultants 3/9/2010
Vendor
Capacity
Provisioning
Wave
Broadband
Max Score
Possible
Interview Evaluation Summary
Technical
Proposal Qualifications
30 19
18 15
40 30
WAVE
BROADBAND,
1 Dedicated core network equipment
that places key City facilities directly
on a 10 Gbps backbone ring at full
cost to the City. Equipment would
not be shared with others.
2 Significant increase in monthly
recurring charges to replace existing
services
3 A significant non recurring charge to
extend fiber optic facilities to existing
City sites
Commitment
to Economic
Development
Proposal Comparison
Responses
to
Interview
Panel
Overall
Score
12 5 66
4
20
4 42
CAPACITY
PROVISIONING
10 100
Core network equipment upgrade to
10 Gbps backbone ring providing
advanced security and features at
no charge to the City that includes
excess capacity that can be shared
with other institutions and
businesses
10% reduction in monthly recurring
service charges for current services
A small non recurring charge to
replace some customer premise
equipment at existing City sites
page 14
Metropolitan Communications Consultants 3/9/2010
4 Began offering commercial
telecommunications services in 2009
5 Redundant fiber optic facilities for
Internet access to be available in
near future
6 Additional contribution to economic
development included 200 free 30-
second commercials per year within
its Washington State networks
Non- Recurring (One -Time) Charge
Proposal Evaluation
Service Description
Core Network
Equipment
Current Sites
Redundant Sites
Totals
Proposal Comparison
WAVE
BROADBAND
CTC Future Cost
Estimate
20,000
540,000
$1,080,000
CAPACITY
PROVISIONING
Began offering commercial
telecommunications services in
2001
Redundant fiber optic facilities for
Internet access currently available
Additional contributions to economic
development included free VLAN
services to the Senior Center and
William Shore Memorial Pool, and
free Internet access to the Carnegie
Library, Senior Center, William
Shore Memorial Pool, Fine Arts
Center, Council Chambers, Feiro
Marine Life Center, Chamber of
Commerce, Volunteers in Medicine,
and Vern Burton Community Center
Wave
Broadband
Capacity
Provisioning
$520,000 $131,432 $0
157,466 13,008
95,984 133,233
$384,882 $146,241
page 15
Metropolitan Communications Consultants 3/9/2010
Service Description
Current VLAN Sites
Current 3 PTP Sites
Internet Access
(2 Mbps)
Sub Totals
Future 12 Redundant
Sites
Totals
Charges do not include City public utility taxes
Total Future Service Charges Proposal
From 9/2010 to 9/2017
Service Description
Non recurring service
charges
Recurring service
charges (84 Months)
Totals
Monthly Recurring Charge
Proposal Evaluation
CTC Future Cost Wave Capacity
Estimate Broadband Provisioning
$4,435 (Current) $11,835 $4,395
650 (Current) 0 650
500 (Current) 150 0
$5,585 (Current) 11,985 $5,045
3,900 (Estimated) 0 370
$9,485 (Total) $11,985 $5,415
CTC Future Cost Wave Capacity
Estimate Broadband Provisioning
$1,080,000 $384,882 $146,241
796,740 1,006,740 412,443
$1,867,740 $1,391,622 $583,431
Capacity Provisioning is 58% less than Wave Broadband and 36% less than
prior service charges from 9/2002 to 9/2009
City public utility taxes not included
page 16
Metropolitan Communications Consultants 3/9/2010
Total Future Service Charges ($583,431)
Capacity Provisioning, Inc.
Redundant
Site Drops,
$146,241,
24%
Internet
z Access,
0%
City Utility
Taxes, f VLAN
$24,747 4% Services,
$412,443
71%
Recurring Charges Survey
(Fast Ethernet 100 Mbps VLAN Service per site)
"We are not aware of any area where rates are lower than Port Angeles"
Lee Afflerbach, Columbia Telecommunications Corporation
Qwest I e.- s*Vic:F.t'.:K4,7 442 r c Q t '..e 'tv,,; „a 5; i $1,800
A
AT &T r:hog;.7itys -;i a"se,= ,c r,; 4~„..= 0 $1, '75
1
Venzon �s, 4M.,�a =a frJ r $1,200
Clallam County PUD 1 li $500
Waee Broadband I",{ i k.141 $300
Capacity Provisioning, Inc.
$175
$500 $1,000 $1,500 $2,000
Monthly recurring service charge
page 17
Metropolitan Communications Consultants 3/9/2010
Recurring Charges Survey
(Very Fast Ethernet 1 Gbps VLAN Service per site)
Capacity Provisioning, Inc $190
Metropolitan Communications Consultants
Qwest b-SWXAOWNWAMWWW.CiRgNI $6,
I
AT&T ligf")16.:5AK,0A:i-liinsl $3,425
Clallam County PUD $1,800
Wave Broadband 3 $575
$1,500 $3,000 $4,500 $6,000 $7,500
Monthly recurring service charge
4. Metropolitan Area Network Services
Agreement Summary
1
page 18
3/9/2010
Proposed Agreement Summary
Non exclusive 7 -year term
Institutional Network and Wide Area Network Use
Agreement assignments
C.P.I. owns core network equipment, fiber optics
including site drops
City rights -of -use for fiber optics beyond expiration
City sites served can be added /deleted
Maintain Occupation Right -of -Way Licenses
Vendor provides O &M &M
D. Anticipated Project Schedule
City Council considers agreement
Network core switching equipment installation
Network testing
Commercial operations
Redundant site drop local area network plans
13 redundant site drop construction complete
and 6 sites activated
Commercial operations
Temporary point -to -point connections end
Additional 6 redundant sites activated
3/18/2010
8/6/2010
8/20/2010
9/7/2010
12/31/2010
4/15/2011
5/1/2011
5/1/2011
No later than
9/7/2013
page 19
Metropolitan Communications Consultants 3/9/2010
Optical Fiber in PA
Staff Recommendation
3/5/10
/Appreciation for staff team and consultant
/Appreciation for Vendor proposals
/Needs assessment and procurement processes complete
/Capacity Provisioning, Inc. proposal provides best value to
the City
Forward a favorable recommendation to City Council to
authorize the Mayor to sign the Metropolitan Area Network
Services Agreement with Capacity Provisioning, Inc.
page 20
Metropolitan Communications Consultants 3/9/2010
5. Questions and Answers
page 21
Metropolitan Communications Consultants 3/9/2010
CITY OF PORT ANGELES
METROPOLITAN AREA NETWORK SERVICES AGREEMENT
Between
CITY OF PORT ANGELES, WA
and
CAPACITY PROVISIONING, INC.
Dated
March 5, 2010
PURPOSE
1. DEFINITIONS
METROPOLITAN AREA NETWORK SERVICES AGREEMENT
2. SPECIAL PROVISIONS
2.1 Agreement is Non Exclusive
2.2 Occupation License Required
2.3 Right -of -Way License Required
2.4 Agreement Term
2.5 Interlocal Agreement for Acquisition of Metropolitan Area Network Services
2.6 Institutional Network and Wide Area Network Use Agreement Assignments
2.7 Due Diligence
2.8 Surety Bond
2.9 Certification
2.10 Service Standards
2.11 On -Call Network Consulting Services
2.12 Background Checks
3. SERVICES AND SITE DROPS
3.1 City Service Sites
3.2 City Site Changes
3.3 Services Provided to the City
3.4 Network Service Level Requirements
3.5 Site Drop Ownership and Maintenance
3.6 City Site Drop Route Plans, Procedure and Sch9dule
3.7 Interlocal Agreement Site Drops
4. SERVICE CHARGES AND PAYMENT
4.1 Vendor Service Charges
4.2 City Public Utility Tax
4.3 City Pole Attachment Charge Credit
4.4 Invoicing and Payment
4.5 Public Safety VLAN
5. MISCELLANEOUS PROVISIONS
5.1 Notices
5.2 Non Disclosure Agreement
5.3 Reports
5.4 Indemnification /Hold Harmless
5.5 Subcontractors /Assignment
5.6 Survival
5.7 Violations and Remedies
5.8 Termination
5.9 City Right to Purchase
5.10 Metropolitan Area Network Core Switching Equipment Lien
Page 2
5.11 Force Majeure
5.12 Severability
5.13 Entire Agreement
5.14 Law Jurisdiction Venue and Attorney's Fees
5.15 Amendments
6. EXHIBITS
1 Metropolitan Area Network Services Schedule
2 Network Service Level Requirements
3 Interlocal Agreement for Acquisition of Metropolitan Area Network Services
4 Non Disclosure Agreement
5 Vendor Technical Proposal and Service Charge Proposal
Page 3
1. DEFINITIONS
METROPOLITAN AREA NETWORK SERVICES AGREEMENT
PURPOSE
THIS METROPOLITAN AREA NETWORK SERVICES AGREEMENT (the
"Agreement between the City of Port Angeles, a Washington municipal corporation, hereinafter
the "City and Capacity Provisioning, Inc., hereinafter "Vendor" sets forth the terms and
conditions for provision by Vendor of Metropolitan Area Network Services. Said services consist
of wide area networking, point to point fiber optic connections, broadband Internet access, on -call
network consulting services and other telecommunications services (all of which collectively are
referred to as "Metropolitan Area Network Services for non commercial use by the City for
municipal purposes in accordance with the terms, conditions and specifications set forth in this
Agreement.
Words and terms shall be given their ordinary and usual meanings. The meanings shall be
applicable to the singular, plural, masculine, feminine and neuter of the words and terms.
Where used in this Agreement, the words and terms set forth in Section 11.14.020 of
Chapter 11.14 of the Port Angeles Municipal Code (PAMC), Telecommunications Facilities
within Rights -of -Way, and the Cable Television Franchise Ordinance No. 3116 shall be applicable
to the same terms as used in this Agreement, except as modified herein.
2. SPECIAL PROVISIONS
2.1 Agreement is Non Exclusive
This is a non exclusive Agreement for the purpose of providing metropolitan area network
services within the City, excluding cable television services, by utilizing the Institutional Network
consistent with the provisions of the Cable Television Franchise Ordinance No. 3116 and the
Vendor's facilities and site drops to City sites. Any other substantially similar Metropolitan Area
Network Services Agreement entered into by the City shall be on a competitively neutral basis in
accordance with the Telecommunications Act of 1996, taking into account without limitation
Vendor's obligations under this Agreement.
2.2 Occupation License Required
From and after the effective date of this Agreement and throughout the Term of this
Agreement, Vendor shall maintain an occupation license from the City pursuant to Chapter 5.80
PAMC, Licensing and Taxation. Vendor shall pay any federal, state, local and City taxes as may
be levied, imposed or due from carriers, operators, providers, their customers or subscribers, or on
account of the lease, sale, delivery or transmission of telecommunications services, provided said
amounts may be added to the charges the City is required to pay pursuant to this Agreement.
2.3 Right -of -Way License Required
Vendor shall maintain a Right -of -Way License from the City pursuant to Chapter 11.14
PAMC, Telecommunications Facilities within Rights -of -Way.
Page 4
Vendor shall not allow other wholesale or retail service providers to provide
telecommunications services under this Agreement until such service providers have received all
requisite licenses, certificates and authorizations from the City, Federal Communications
Commission, the Washington Utilities and Transportation Commission, or any other federal or
state agency having jurisdiction.
2.4 Agreement Term
Vendor shall begin its core network equipment upgrade upon execution of this Agreement
however the service charges set forth in the July 31, 2009 extension and amendment to
Institutional Network Services Agreement of September 6, 2002 shall remain in effect until
September 6, 2010. This Agreement shall commence upon execution and continue to September
6, 2017, subject to extension at the City's sole discretion. City in its sole discretion may no later
than 30 days prior to the expiration of this Agreement extend by giving written notice for
additional 1 year extensions up to two times, extending to an eighth year and again for a ninth year
under the same monetary terms.
2.5 Interlocal Agreement for Acquisition of Metropolitan Area Network Services
Vendor agrees to allow the City to enter into Interlocal Agreements (Exhibit 3) with other
governmental and public institutions, pursuant to Chapter 39.34 RCW, to extend the privileges,
terms and conditions of this Agreement made with Vendor shown in Schedule H of Exhibit 5 for
their sites not receiving similar Vendor services prior to the effective date of this Agreement.
2.6 Institutional Network and Wide Area Network Use Agreement Assignments
The City grants Vendor consent to use up to fifty -one (51) rack -units within each
Institutional Network node enclosure, environmental control systems within three Institutional
Network node enclosures and a spare environmental control system, and up to twenty -four (24)
dark fibers throughout the Institutional Network backbone that are not in operation for City
purposes, which are provided to the City under the Cable Television Franchise Ordinance No.
3116. The City retains the right to recall Vendor use of dark fibers, limited to a maximum of two
(2) dark fiber strands per year, rack -units and use of underground conduits, vaults and related
structures upon one year's written notice from the City Manager to the Vendor.
The City grants Vendor consent to use Wave Broadband underground ducts, conduits and
related structures in accordance with the second amendment to the Fiber Optic Wide Area
Network Use Agreement dated December 2, 2003 at no charge through May 31, 2017 to provide
non commercial and commercial telecommunications services.
City reserves the right to charge the Vendor and other telecommunications service
providers a pro rata share of the electrical power consumption charges at each institutional network
node location.
2.7 Due Diligence
On and after the effective date of this Agreement, Vendor shall provide the City a list of
any changes to the names, addresses, and social security numbers for Vendor personnel that will
be permitted to have unrestricted access to the network operating center or central office,
Institutional Network nodes, core switching equipment, and network operation and management
Page 5
software. Such Vendor personnel may be subject to a background check in accordance with
Section 2.12.
On or before May 31, 2010, Vendor shall submit evidence that:
(1) It has the financial resources to fulfill its obligations under this Agreement and shall
file contemporaneously with the execution of core switching equipment loan
agreements, if any, a Uniform Commercial Code U.C.C. -1 Financing Statement
with the Washington State Department of Licensing.
(2) It has obtained a surety bond, if required, in accordance with Section 2.8.
(3) It has provided the City evidence that it has entered into an agreement, including
technical support, with a core switching equipment manufacturer and that the
service levels described in Exhibit 2 will be met. Technical support shall also
include senior network engineering support services as a backup to Vendor staffing.
On or before December 31, 2010, Vendor shall submit evidence that:
(4) It has submitted the detailed implementation plan including: site drop construction
schedule, local area network plans and specifications, construction permit
application, and acceptance testing plan in accordance with Exhibit 1.
2.8 Surety Bond
If Vendor needs to obtain financing to fulfill its obligations under this Agreement, then
Vendor shall provide a surety bond with a surety company approved by the City, in an amount
equal to the cost of the core switching equipment and customer premises equipment at City sites
financed during the Initial Term of this Agreement.
The bond shall contain the following endorsement: "It is hereby understood and agreed that
this bond may not be canceled by the surety nor shall it exercise any intention not to renew until
thirty (30) days after receipt by the City, by certified mail, of written notice of such intention to
cancel or not to renew
The rights reserved to the City with respect to the bond are in addition to all other rights of
the City, whether reserved by this Agreement or authorized by law; and no action, proceeding or
exercise of a right with respect to such bond shall affect the City's rights to demand full and
faithful performance under this Agreement or limit Vendor's liability for damages.
2.9 Certification
Vendor certifies that the core switching equipment, customer premises equipment, and all
work and materials furnished under this Agreement shall comply with the Network Service Level
Requirements described in Exhibit 2 and accepted industry standards.
2.10 Service Standards
(1) Vendor shall interconnect the Vendor network to provide Internet access
within the City.
Vendor shall provide a redundant interconnection point, from an
Institutional Network node to an interconnection point to be specified by the
Page 6
City, to provide Internet access that provides a diverse physical route for
Internet access within the City.
Prior to interconnecting the Vendor network to another wide area network,
Vendor shall provide a detailed description of the network security to be
provided by such interconnection which shall be in accordance with Exhibit
2.
In the event a telecommunications service provider that has obtained a right
of way license or master permit from the City requests an interconnection to
the Vendor network for private telecommunications systems in writing,
Vendor shall make commercially reasonable and lawful non exclusive
arrangements for such an interconnection. The arrangement may include
but is not limited to available network capacity and commercially
reasonable terms and conditions for payment to Vendor of all recurring and
non recurring costs, network security, problem reporting and restoration of
service procedures, Network Service Level Requirements, and policies
related to VLAN and dark fiber service sharing among single and common
user group entities and private shared telecommunications services.
The minimum term for interconnection charges shall be consistent with the
Initial Term of this Agreement, unless otherwise approved by Vendor.
Vendor shall not charge the City a non recurring or recurring service charge
for a network interconnection for a Public Safety VLAN or for Public Safety
dark fiber service. Vendor reserves the right to collect co- location, non-
recurring and recurring service charges for a network interconnection if such
charges are imposed by the interconnecting telecommunications service
provider.
(2) Vendor shall maintain arrangements with qualified service providers for
retail broadband Internet access services within the City limits. Vendor
charges to the City for retail broadband Internet access services shall be
included in Exhibit 5 Schedule "G Upon the request of a qualified retail
service provider, Vendor shall provide wholesale services subject to a
charge to be paid by the retailer and reasonable contractual restrictions by
the Vendor based on competitive market conditions.
Vendor shall be permitted to provide wholesale broadband Internet access.
Vendor shall also be permitted to charge a fee for wholesale Internet access,
and wholesale non commercial use of the Institutional Network backbone
fiber network and nodes, site drops, and all other appurtenant infrastructure.
Furthermore, Vendor shall be permitted to impose reasonable contractual
restrictions based on competitive market conditions to retail broadband
Internet service providers.
Page 7
Vendor shall use commercially reasonable efforts to ensure that the retail
broadband Internet access services provided over the Metropolitan Area
Network will conform substantially to the following:
A. The platform will be kept current with industry standards for
interoperability with Internet protocol applications.
B. The City and institutions that receive the service will be able to reach
the Internet.
The City hereby recognizes that Vendor may provide wholesale Internet
access and that qualified service providers may provide retail Internet access
services without obtaining other City approvals.
Upon request from public institutions to Vendor, subject to the availability
of dark fibers assigned to the Vendor in accordance with Section 2.6 within
the Institutional Network backbone from node to node, Vendor may provide
dark fiber marketing services on behalf of the City to public institutions to
use the Institutional Network backbone for non commercial purposes. Dark
fiber marketing services shall include operation, maintenance and
management of the Institutional Network backbone dark fibers and
marketing, billing, and all other functions necessary to provide dark fiber
marketing services under this Agreement.
Vendor use of the Institutional Network nodes and non commercial dark
fibers throughout the backbone shall be allowed for private
telecommunications systems and private shared telecommunications
services to a single user group entity in accordance with the Franchise and
for other purposes and common user groups if approved in writing by the
Vendor and the City Manager.
Vendor may establish commercially reasonable contractual conditions for
dark fiber marketing services which may include but are not limited to terms
and conditions for non commercial use in accordance with the Franchise,
payment to Vendor of all recurring and non recurring costs, network
security, problem reporting and restoration of service procedures, Network
Service Level Requirements, and policies related to single and common user
group entities sharing or provided access to private telecommunications
systems and private shared telecommunications services.
The recurring and non recurring charges established by Vendor for dark
fiber marketing services shall be based on competitive market conditions.
The recurring service charge, City and Vendor sharing of the recurring
service charge, and duration of dark fiber marketing services shall be
mutually agreed to in writing by the Vendor and the City Manager. The
City shall not be charged for its use of Institutional Network backbone dark
fibers under this Agreement.
Page 8
The City retains the right to recall Vendor use of Institutional Network
backbone dark fibers, limited to a maximum of two (2) dark fiber strands
per year, upon one year's written notice from the City Manager to Vendor.
(4) Vendor may provide dark fiber site drop services from the Institutional
Network nodes or Vendor owned infrastructure to public institutions. The
recurring and non recurring service charges established by Vendor for dark
fiber site drops to public institutions shall be based on competitive market
conditions.
2.11 On -Call Network Consulting Services
During the first year of the Initial Term of this Agreement, upon establishing a mutually
agreed upon schedule that is approved in writing by both parties, Vendor shall provide one
hundred (100) hours of on -call network consulting services at no charge for services requested by
the City. Vendor shall obtain written City approval of on -call network consulting services.
Upon written City request, Vendor shall provide additional on -call network consulting
services for a charge. On -call network consulting services shall be available twenty -four hours a
day, seven days a week. The charge for additional on -call network consulting services shall be in
accordance with Exhibit 5 Schedule I. Upon written City request, Vendor shall also provide Local
Area Network (LAN) materials, hardware, and installation services for municipal facilities. The
charges for LAN materials, hardware and installation services shall be mutually agreed upon prior
to commencing work.
2.12 Background Checks
Vendor personnel and any of Vendor's subcontractor personnel that are permitted to have
unrestricted access to the network operating center, central office, core switching equipment, and
network operation and management software during the term of this Agreement may be subject to
a background check, which shall be completed and approved by the City in its sole discretion and
which shall be considered confidential in accordance with Section 5.2. The information that may
be included in a background check includes but is not limited to driving records, vehicle
registration, credit records, criminal records, social security number, education records,
professional certifications, State licensing records, court records, workers' compensation,
bankruptcy, character references, neighbor interviews, medical records, property ownership,
employment verification, and military service records.
Vendor personnel and any of Vendor's subcontractor personnel background checks not
approved by the City shall not have access to the network operating center, central office, core
switching equipment, and network operation and management software during the term of this
Agreement.
3. SERVICES AND SITE DROPS
3.1 City Service Sites
Vendor will initially provide Metropolitan Area Network Services to City sites listed in
Exhibit 5 Schedules "A "B 1 "C "D 1", "E "F" and 3 Mbps of Internet Access in accordance
Page 9
with Schedule "G Vendor shall be responsible for all costs to provide fully functional
Metropolitan Area Network Services, which have been included in its charges in Section 4 and
within Exhibit 5. Vendor will provide limited universal availability of services to additional City
and institutional sites within the City. Limited universal availability of services within the City
shall also include a standard overhead facility site drop from a site that is within 1,500 lineal feet
of the nearest Institutional Network node or 1,500 lineal feet of Vendor owned infrastructure. For
any site not included in Exhibit 5 that require overhead facilities beyond 1,500 lineal feet or
underground drops, Vendor may charge the City and institutions for the actual cost for any such
additional overhead facilities or underground drop installation.
3.2 City Site Changes
City sites listed in Exhibit 5 Schedules `B2 `B3 `B4 and "F and other City sites
determined by the City, may be added within the first three years of the term of this Agreement,
and all additional site drops and non recurring and recurring service charges shall be governed by
the same terms and conditions specified in this Agreement.
City sites serviced under this Agreement may be discontinued by the City by providing
ninety (90) days notice to Vendor. The monthly recurring services charges in accordance with
Exhibit 5 Schedules "B!", "C "D 1", "D2" and "F" shall no longer be collected for City sites that
are discontinued. The non recurring service charge shall not be reimbursed to the City for any
City site that is discontinued.
3.3 Services Provided to the City
Vendor shall initially provide wide area networking services to the City in accordance with
the requirements contained in Exhibit 5 Schedules "B1 "C "D1 "F" and 3 Mbps of Internet
Access in accordance with Schedule "G At no additional charge to the City, Vendor shall
provide the core switching equipment, expansions to core switching equipment capacity as
required, and operation, maintenance and management services required to meet its obligations to
the City under this Agreement. Vendor shall also be responsible for marketing, billing, and all
other retail services necessary to provide regular commercial services under this Agreement.
3.4 Network Service Level Requirements
Vendor shall provide Metropolitan Area Network Services to the City and institutions in
accordance with the service levels contained in Exhibit 2 attached.
3.5 Site Drop Ownership and Maintenance
All site drops and dark fiber point to point connections, whether to City or non -City sites,
shall be owned and maintained by Vendor unless otherwise agreed upon. Upon termination or
expiration of this Agreement, Vendor agrees that all City site drops and dark fiber point to point
connections will be available for use by the City who may continue to use such facilities at no
further charge. However, upon termination of this Agreement, use of Interlocal Agreement site
drops by other service providers shall be subject to competitive, industry standard access charges.
3.6 City Site Drop Route Plans, Procedure and Schedule.
Vendor shall maintain fiber drops, consisting of a minimum of two (2) single mode fibers
to each City site to be served as listed in Exhibit 5.
Page 10
Each site drop connection shall be terminated within fifty (50) feet of entering the
applicable building using a City provided path at a mutually agreed upon point of demarcation in a
Vendor standard termination panel, mounted on a City furnished backboard.
Vendor shall prepare a site drop route plan for each City site to be served and shall prepare
detailed site plans for written City approval and permitting purposes, in accordance with the
Metropolitan Area Network Services Schedule (Exhibit 1) and as follows:
(1) In preparing the plans and specifications, Vendor and the City agree to coordinate
closely to ensure that the project requirements are met expeditiously.
(2) Vendor's plans and specifications shall be in sufficient detail to permit
identification, correlation, verification, and understanding of the components of
Vendor's plans and specifications.
(3) The City will review the plans and specifications and, if acceptable, shall provide
written approval.
(4) If revisions are required by the City, the plans shall be resubmitted by Vendor to the
City and, if acceptable, the City shall provide written approval.
(5) In no event shall the City have any liability for any expenses Vendor incurs in
preparation of such plans and specifications.
(6) All site drop fibers and other Vendor provided fibers necessary to provide the
services described in this Agreement shall be labeled at termination points to
readily enable identification and ownership.
(7) The site drops, core switching equipment, customer premises equipment, and local
area network cabling at redundant City sites including all splicing and testing, shall
be fully complete and operational in accordance with the Metropolitan Area
Network Services Schedule (Exhibit 1). The City shall promptly conduct a final
inspection to verify completion.
(8) Vendor shall deliver as- builts of the network diagram/schematic for all City sites, a
network route map including all of the Vendor's fiber optic infrastructure, City site
drop maps and construction photographs, and identification and labeling of fibers.
Vendor shall also deliver optical time domain reflectometer test results and local
area network as- builts for City sites included in Exhibit 5 Schedule "D2 An
electronic copy of the as- builts shall be provided by the Vendor in a mutually
agreed upon format.
3.7 Interlocal Agreement Site Drops.
Site drops provided under the Interlocal Agreement shall consist of a minimum of two (2)
single mode fibers. Vendor shall construct such drops, subject to the requesting party's acceptance
of an Interlocal Agreement (see Exhibit 3) for acquisition of Metropolitan Area Network Services
in accordance with Section 2.5 or execution of an agreement with Vendor. Payment for Interlocal
Agreement site drops shall be incorporated with and as part of the maximum monthly recurring
service charges per Exhibit 5 Schedule "H unless other payment arrangements are approved by
the Vendor. The minimum term for Interlocal Agreement site drop charges shall be consistent
with the Initial Term of this Agreement, unless otherwise approved by Vendor.
Each Interlocal Agreement site drop connection shall be terminated within fifty (50) feet of
entering the applicable building using a customer provided path at a point of demarcation mutually
Page 11
agreed upon by Vendor and the customer in a Vendor standard termination panel, mounted on a
customer furnished backboard.
4. SERVICE CHARGES AND PAYMENT
4.1 Vendor Service Charges
Upon the availability of commercial services in accordance with Exhibit 1 for Metropolitan
Area Network Core Switching Equipment and Customer Premises Equipment (CPE), the City
agrees to pay a non recurring service charge in the amount of $0.00 for Network Core Switching
Equipment and $13,008.00 for CPE. Upon the availability of commercial services in accordance
with Exhibit 1 for Site Drops and Local Area Network (LAN) Services, the City agrees to pay a
non recurring service charge in the amount of $133,233.00, which includes non recurring service
charges for City site drops, CPE, and local area networks plus all applicable taxes in accordance
with Exhibit 5 Schedules "C "D2 "E" and "F
Upon the availability of commercial services in accordance with Exhibit 1 for Metropolitan
Area Network Core Switching Equipment and Customer Premises Equipment (CPE), the City
agrees to pay a recurring service charge in the amount of $5,045.00 per month plus all applicable
taxes in accordance with Exhibit 5 Schedules `B 1 "C "Dl", "F" and 3 Mbps of Internet Access
in accordance with Exhibit 5 Schedule "G during the Initial Term of this Agreement.
Upon the availability of commercial services in accordance with Exhibit 1 for Site Drop
Construction and Local Area Network (LAN) Services, the Vendor agrees to a reduction in the
recurring service charge in the amount of $150.00 per month plus all applicable taxes in
accordance with Exhibit 5 Schedules `B 1 "C "D2 "F" and 3 Mbps of Internet Access during
the Initial Term of this Agreement.
No later than three years after the effective date of this Agreement, the City agrees to pay
an additional recurring service charge in the amount of $520.00 per month plus all applicable taxes
in accordance with Exhibit 5 Schedule "D2 during the remaining Initial Term of this Agreement.
The monthly recurring service charges shown in Exhibit 5 Schedule "H" shall be available
to additional City sites and institutions not included in Exhibit 5.
Charges shown in Exhibit 5 Schedule "H" do not include any required local area network
equipment expenses within additional City facilities and institutions not included in Exhibit 5
beyond the Vendor standard termination panel and customer premises equipment.
The charges within Exhibit 5 Schedules "A "B 1 "C "D2 "E "F "G and "I" shall
be available without adjustment throughout the Initial Term and any Extended Term of this
Agreement.
Vendor shall be responsible for all costs to provide fully functional core switching
equipment, City site drops, and local area networks, patch panels and cords, jacks, faceplates, and
all other required materials which have been included in the (recurring or non recurring) service
charges. The City's payment for its site drops and point -to -point (PTP) connections shall entitle it
to exclusive, irrevocable use of all City site drops and dark fiber PTP connections without any
further ongoing charges during the Initial Term and Extended Term, if any, continuing beyond
termination, cancellation or expiration of this Agreement, as provided in Section 5.6, Survival.
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However, in the event the City continues its use of the site drops and PTP connections beyond
termination, cancellation or expiration of this Agreement, the City shall pay a pro -rata share of
Vendor's reasonable maintenance costs for City site drops and PTP connections.
4.2 City Public Utility Tax
The monthly recurring service charges shown in Exhibit 5 do not include any City public
utility taxes or Washington State sales taxes. Vendor shall collect City public utility taxes from all
institutions and businesses, and remit such taxes to the City, in accordance with Section 2.2.
4.3 City Pole Attachment Charge Credit
Vendor shall be responsible for and timely pay the City pole attachment charges in
accordance with the Right -of -Way License required in Section 2.3 and Chapter 13.14 PAMC. On
or about July 1 of each year, Vendor shall determine the total number of its pole contacts on City
owned poles as of the preceding day. Vendor may request a credit against the annual charges
payable to the City for the total number of Vendor pole contacts for site drop infrastructure made
under this Agreement that are for the sole purpose of serving the City. The credit request shall be
accompanied by a Vendor network route map that identifies all Vendor contacts on City -owned
poles, all Vendor contacts on City -owned poles made under this Agreement that are for the sole
purpose of serving the City, and all customer locations receiving Vendor's services. If the City
determines that the Vendor pole contacts are for the sole purpose of serving the City, then the City
shall grant the credit requested.
4.4 Invoicing and Payment
Vendor charges will be invoiced to the City monthly (12 invoice periods per year). City
payment is due within 30 days of receipt of invoice. Thereafter, interest of 1.0% per month will be
charged on the balance due.
Vendor payment of City public utility taxes shall be made to the City quarterly. Vendor
payment is due within 30 days of the end of the preceding calendar month. Each payment shall
show the gross revenue subject to utility tax in accordance with this Agreement.
4.5 Public Safety VLAN
Vendor shall maintain site drops to current City sites included in Exhibit 5 Schedule "F
Upon the availability of commercial services, the City shall begin to pay a monthly recurring
service charge in accordance with Exhibit 5 Schedule "F" for wide area networking services to
City facilities for a Public Safety VLAN.
Upon the availability of commercial services and continuing throughout the Initial Term of
this Agreement, the City agrees to pay a non recurring service charge representative of Vendor's
actual costs for future site drops and non recurring and recurring service charges shown in Exhibit
5 Schedule "F" for wide area networking to additional City facilities. The recurring charges
shown in Exhibit 5 Schedule "F" shall be available to additional City and non -City owned public
safety facilities not included in Exhibit 5.
Charges shown in Exhibit 5 Schedule "F" do not include an enclosure, electrical service,
and any required local area network equipment expenses within facilities beyond the Vendor
standard termination panel and customer premises equipment.
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The Public Safety VLAN shall be used for a non commercial private telecommunications
system and private shared telecommunications services for the sole purpose of police, fire and
emergency services within the City. The private shared telecommunications system may be
available to other police, fire and emergency service entities within and outside of the City and
shall not be used for commercial purposes unless approved in writing by Vendor and the City
Manager.
5. MISCELLANEOUS PROVISIONS
5.1 Notices
All notices required to be in writing hereunder shall be deemed given when personally
delivered, or if mailed by certified or registered mail, three (3) days following deposit in the
United States mail, postage prepaid, or if via telecopy or facsimile, when received, or if sent by
courier service providing evidence of delivery, when actually delivered by such service.
All notices from Vendor to the City pursuant to this Agreement shall be directed to the City
Manager at City Hall, 321 East Fifth Street, P.O. Box 1150, Port Angeles, WA 99362 -0217, or to
such officer as designated by the City Manager.
All notices from the City to the Vendor pursuant to this Agreement shall be directed to Mr.
Bill Roberds, President, Capacity Provisioning, Inc., 116 1/2 West 8 Street, Port Angeles, WA
98362.
5.2 Non Disclosure Agreement
The City will maintain confidentiality of any and all information provided or made
available by Vendor to the extent permitted by law when Vendor has notified the City of the
confidential nature of the information.
Vendor shall maintain confidentiality of all information about the City's LANs, WANs,
network information, security systems, and data under this Agreement. Vendor will maintain
confidentiality of any and all additional information provided or made available by the City to the
extent permitted by law when the City has notified Vendor of the confidential nature of the
information.
Vendor shall accept and comply with Exhibit 4 the Non Disclosure Agreement under this
Agreement.
5.3 Reports
Vendor shall report to the City such information relating to this Agreement as the City may
reasonably require to demonstrate Vendor's compliance with the terms and conditions of this
Agreement and shall comply with the City's reasonable determination of the forms for reports, the
time for reports, the frequency with which any reports are to be made, and whether or not reports
are to be certified.
5.4 Indemnification/Hold Harmless.
Vendor shall defend, indemnify and hold harmless the City, its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits,
Page 14
including attorney fees, arising or issuing out of or in connection with this Agreement, except as
may be caused by the sole negligence or willful misconduct on the part of the City.
5.5 Subcontracts /Assignment.
Vendor shall not subcontract, assign or transfer any right, title or interest under the terms of
this Agreement without the prior written approval of the City. Such approval shall not be
unreasonably withheld or delayed, provided it is demonstrated to the City's satisfaction that the
assignee has accepted the Non Disclosure Agreement (Exhibit 4) and has the background,
experience, certifications, ability, and the technical, financial and legal resources to perform the
requirements of this Agreement
5.6 Survival.
The provisions covering site drops, service charges and payment, and indemnification /hold
harmless shall survive expiration of this Agreement.
5.7 Violations and Remedies
If the City has reason to believe that Vendor has breached or is in violation of this
Agreement, after informal and cooperative efforts have failed after two (2) meetings or ten (10)
business days, whichever occurs first, the City shall notify Vendor in writing of the violation,
setting forth the nature of such violation.
Within thirty (30) days of Vendor receipt of such notice or such longer period specified by
the City, Vendor shall respond in writing that the violation has been cured, provide a cure plan or
schedule that reasonably satisfies the City, provide explanations in refutation or excuse with
documentation to support that an alleged violation did not occur, refute the City's denial of
Vendor's cure plan, or refute the City's denial of an additional time period to complete the cure
plan.
The City shall act on the Vendor's cure plan, if any, within thirty (30) days of City receipt
of such plan. The City shall provide written acceptance or denial of Vendor's cure plan, which
acceptance shall not be unreasonably withheld or delayed.
Vendor shall be allowed thirty (30) days to cure violations after written City acceptance of
Vendor's cure plan is received. If the nature of the violation is such that it cannot be fully cured
within 30 days due to circumstances not under Vendor's commercially reasonable control, the
period of time in which Vendor must cure the violation shall be extended by the City in writing for
such additional time reasonably necessary to complete the cure, provided that (1) Vendor shall
have promptly commenced to cure, and (2) Vendor is diligently pursuing its efforts to cure in the
City's reasonable judgment. If the violation has not been cured within the time allowed under this
section, then Vendor shall be liable for liquidated damages for the following violations:
(1) Failure to promptly comply with Section 2: $100.00 per day; provided, however, in
no event shall the aggregate amount for all such violations exceed $2,500.00 per
year.
(2) Failure to comply with Section 3: $100.00 per day; provided, however, in no event
shall the aggregate amount for all such violations exceed $2,500.00 per year.
Page 15
(3)
(4)
(5)
Failure to comply with Section 4: $100.00 per day; provided, however, in no event
shall the aggregate amount for all such violations exceed $2,500.00 per year.
Failure to with Section 5: $100.00 per day; provided, however, in no event shall the
aggregate amount for all such violations exceed $2,500.00 per year.
Failure to comply with Section 6: $100.00 per day; provided, however, in no event
shall the aggregate amount for all such violations exceed $2,500.00 per year
Vendor agrees that each of the foregoing failures shall result in injuries to the City and
institutions, the compensation for which would be difficult to ascertain and to prove. Accordingly
Vendor agrees that the foregoing amounts are liquidated damages, not a penalty or forfeiture.
If Vendor fails to make full and complete liquidated damage payments as required by this
Agreement within ten (10) business days after receipt of written notice from the City, then the City
may immediately take steps to deduct without further notice to Vendor the amount thereof from
the service charges and payment due to Vendor in accordance with this Agreement. Liquidated
damages shall accrue from whichever applies among the following: (1) thirty (30) days after City
notice if no cure plan is submitted; (2) on the date of City denial of the Vendor 's cure plan; or (3)
the date of the City accepted cure plan completion date.
5.8 Termination
The City reserves the right to terminate this Agreement if Vendor fails to comply with the
due diligence requirements in accordance with Section 2.7.
Each party reserves the right to terminate this Agreement at any time upon breach by the
other party of a material term or condition of this Agreement; provided that the non breaching
party has first given 60 days written notice specifying in reasonable detail the alleged breach or
failure of compliance and demanding the cure of the breach. If said breach or failure to comply
cannot reasonably be cured in 60 days and the breaching party shall proceed promptly to cure the
same, then the time for curing such failure to comply shall be extended for such period of time as
may be reasonably necessary to complete such cure.
In the event of termination of this Agreement, City payment of the recurring service
charges to Vendor specified in Section 4 shall no longer be required.
5.9 City Right to Purchase
In the event Vendor is not capable of performing its obligations under this Agreement or
the Agreement is terminated, expires or is not renewed, the City shall have the right of first refusal
to acquire the core switching equipment, customer premises equipment, telecommunications
facilities, and site drops owned by Vendor, in the event it is to be sold, transferred, liquidated, or
assigned, at fair market value less the City's aggregate payment of non recurring service charges
under this Agreement and the Institutional Network Services Agreement for a period of sixty (60)
days following the date of termination, expiration or non renewal of this Agreement.
5.10 Metropolitan Area Network Core Switching Equipment Lien
If Vendor obtains financing to fulfill its obligations to purchase the core switching
equipment under this Agreement, the City reserves the right to file an equipment lien in an amount
Page 16
not to exceed Exhibit 5 Schedule "A" to secure its payment of the non recurring service charge for
core switching equipment specified in Section 4.1 of this Agreement.
5.11 Force Majeure
The term "Force Majeure" shall mean acts of God, war, civil disturbances, fire,
unavoidable casualty, construction delays due to weather, failure of supplier(s), or other similar
causes beyond the control of Vendor. The time within which Vendor shall be required to perform
any act under this Agreement shall be extended by a period of time equal to the number of days
performance is delayed due to a Force Majeure. Vendor shall not be subject to any penalty
hereunder because of acts or failure to act due to Force Majeure.
5.12 Severability
Whenever possible, each provision of this Agreement will be interpreted to be effective and
valid under applicable law. The invalidity, illegality or unenforceability of any provision will not
affect the validity, legality or enforceability of any other provision of this Agreement, which will
remain valid and binding.
5.13 Entire Agreement
This Agreement and its Exhibit(s) represent the entire agreement between the parties hereto
with respect to the subject matter hereof and supersede all prior oral negotiations and agreements.
5.14 Law, Jurisdiction, Venue and Attorney's Fees.
The Parties agree that in the event any suit or other legal action is made in common that the
law of the State of Washington shall apply. Venue shall be in Clallam County Superior Court.
If any suit or other action is instituted in connection with any controversy arising under this
Agreement, the prevailing party shall be entitled to recover all of its costs and expenses including
such sum as the Court may judge reasonable for attorney fees, including fees upon appeal of any
judgment or ruling.
5.15 Amendments.
Any amendment to this Agreement shall be mutually agreed upon in writing.
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AGREED TO BETWEEN THE PARTIES on the last date written below.
VENDOR
Date
CITY OF PORT ANGELES
By: Date
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
EXHIBITS
1 Metropolitan Area Network Services Schedule
2 Network Service Level Requirements
3 Interlocal Agreement for Acquisition of Metropolitan Area Network Services
4 Non Disclosure Agreement
5 Vendor Technical Proposal and Service Charge Proposal
Page 18
EXHIBIT 1
The dates specified herein are required completion deadlines unless otherwise approved by the
City Manager.
METROPOLITAN AREA NETWORK SERVICES SCHEDULE
METROPOLITAN AREA NETWORK CORE SWITCHING EQUIPMENT AND
CUSTOMER PREMISES EQUIPMENT (CPE)
Equipment installed
Network testing
Commercial operations
SITE DROP CONSTRUCTION FOR EXHBIT 2 SCHEDULE D2 SITES
Site plans for City approval and permitting due
City revisions or approval
If revisions required, date due
Revisions approved by City
Construction complete
Commercial operations
LAN SERVICES FOR EXHBIT 2 SCHEDULE D2 SITES
LAN plans and specifications for City approval
City revisions or approval
If revisions required, date due
Revisions approved by City
Electrical outlets installed by City
LAN installation complete
Page 19
8/6/2010
8/20/2010
9/7/2010
12/31/2010
1/28/2011
2/18/2011
2/25/2011
4/15/2011
5/1/2011
12/31/2011
1/28/2011
2/18/2011
2/25/2011
4/1/2011
4/15/2011
EXHIBIT 2
NETWORK SERVICE LEVEL REQUIREMENTS
1. System Availability
Vendor shall provide maintenance twenty -four (24) hours a day, seven (7) days a week
and shall maintain the site drops and network equipment to the City demarcation at all times.
The City demarcation shall be:
1) For Metro Ethernet services: The Ethernet interface provided from Vendor -owned
customer premise equipment located at the City Designated Access Site for
connection of customer equipment; or
2) For Dark Fiber services: The fiber optic connector located in a patch panel or fiber
termination enclosure located at the City Designated Access Site for connection of
customer equipment.
In emergency conditions, including natural disasters, vandalism, or other cause of
widespread service outage, the Vendor shall perform emergency repair work on the fiber and field
equipment. During an emergency, all fibers and field equipment at a given damage location shall
be repaired concurrently without preference to function.
During normal operating conditions, City connections shall be available and
operating within all specified technical parameters defined herein:
At least 99.9% of the time for Basic Service Drops; and
At least 99.999% of the time for Redundant Service Drops.
Service Availability shall be measured over each billing period, not including scheduled
maintenance resulting in outages that are scheduled in advance by the Vendor and approved by
the City.
During normal operating conditions, the Vendor shall respond to all Critical Outage reports
within two (2) hours, and make necessary repairs to the extent feasible to restore service within
four (4) hours of notification. Under normal operating conditions, the Vendor shall respond to
Non Critical Outage or degradation reports within twenty -four (24) hours. The City shall have
full discretion to define Critical and Non Critical, though "Critical" shall generally be defined
to mean a complete loss of connectivity to one or more City- Designated Access Sites.
2. Reliability
Recovery due to a logical or physical network outage on a City circuit with a
Redundant Service Drop shall not be greater than 600 milliseconds under worst -case
conditions.
Recovery due to a physical network break or a node enclosure power, heating or air
conditioning failure on a service drop shall be coordinated with Wave Broadband, which is
required by Subsection 8.7.1 of the City's Cable Television Franchise Ordinance No. 3116 to
restore City Institutional Network breaks within four (4) hours of outage notification. The
Vendor shall maintain a spare battery backup hardware in the event of a failure.
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3. Network Security
Vendor shall provide protection against denial -of- service attacks with wire -speed
extended access control lists, secure shell, secure copy, simple network management protocol
version 3, and authentication with AAA, RADIUS or TACACS Vendor shall provide
connections over a secure carrier -grade network that provides traffic engineering to allow for
secure provisioning of multiple secure networks between departments and services, with support
for dedicated capacity and security for specific applications. Candidate secure carrier -grade
technologies include:
Secure layer -2 VPN/VLAN service leveraging advanced, carrier -grade network
segmentation solutions, such as Multi- Protocol Label Switching (MPLS), layer -2
VPNs, or Provider Backbone Bridges (PBB) supporting "QinQ" trunking to:
1) provide suitable security to eliminate the need for City encryption of
internal data traffic, and
2) allow the City to implement its own internal VLAN scheme independent of
the Vendor for greater flexibility for internal architecture changes and
interconnections with other networks.
Secure MPLS layer -3 VPN
4. Network Latency
Transmission latency across the MAN will average no greater than 3 milliseconds between
directly connected switches at Layer 2 only, during standard operating conditions. Average end
to -end latency will not exceed 10 milliseconds during normal operating conditions, with
maximum end -to -end latency not to exceed 600 milliseconds.
5. Packet Loss
Packet Loss across the Institutional Network backbone shall average 0.3% or less. If
the average Packet Loss across the Institutional Network backbone exceeds 0.3% during a
calendar month, Vendor shall immediately take action to comply with this requirement.
6. Network Equipment
All network equipment shall be standards- compliant, non proprietary technology, able to
support a standards -based interface type such as Ethernet/IP. The equipment shall be scalable to
meet future network expansion needs. The equipment shall be interoperable with other
standards -based Ethernet networks and capable of enabling cooperative use by related networks.
7. Monitoring and Network Optimization
Vendor will continuously monitor and optimize the operation of the network.
Monitoring shall be done between the furthest client node using software and hardware
components capable of accurately measuring traffic and responses at such nodes. The City
acknowledges that such measurements may not meter the exact path traversed by the City's
packets and that such measurements constitute measurements across the network backbone but
not other networks to which the City may connect. Upon City request, the Vendor shall provide
the City with an initial baseline monitoring report upon completion of its network and monthly
reports thereafter detailing all outages, average and peak capacity usage, and any other
available error information.
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8. Problem Reporting and Escalation Procedure
a. The City shall first troubleshoot network problems to determine that the problem is a
Vendor network problem prior to contacting the Vendor Network Operations Center (NOC).
b. A work order (trouble ticket) will be created based on the trouble call, and the
Vendor troubleshooting process and time clock will begin.
c. The Vendor will provide a problem reporting and escalation procedure to the
City and will provide the City with progress and status information on trouble calls. The City
should receive an initial callback regarding the status of the problem within thirty (30)
minutes of the initial trouble report.
d. The Vendor will attempt to resolve most problems within one (1) hour of the
problem report initially being logged and a trouble ticket being generated. The Vendor NOC will
notify the City regarding the status of the reported problem and the estimated time to repair
completion.
e. If, after one (1) additional hour, the problem has not been resolved (within the
parameters of the Vendor escalation procedure), the City will have the option to contact the
Vendor to escalate the problem priority. At this point, the Vendor will assess the situation,
escalate the trouble ticket's priority as necessary, and provide a best estimate of time to
complete the repair.
f. If a representative of the Vendor technical support staff is required to visit a City
site to repair or troubleshoot a problem, the City may be charged for this service. There will be
no City charge if the problem necessitating the visit is due to a failure of the Vendor's
equipment or network that was not the result of City activity or was caused by the Vendor. In all
other situations, the City will be charged for repair or troubleshoot visits to City sites. The
charge for this service will be in accordance with the Vendor fee schedule. The charge will
include Vendor travel time, with a minimum one (1) hour charge. This Vendor charge will be
added to the City's monthly invoice.
9. New Service
For City sites already receiving managed network services, the Vendor will add new
services requiring only a software change within ten (10) days from the receipt of a written
request for the additional service from the City and Vendor engineering approval of the
change. Services requiring hardware changes will be scheduled with the City.
For City sites not receiving Vendor service, the Vendor will provide service to a new
site where minimal facilities engineering and provisioning tasks are required within thirty
(30) days from receipt of a written service request from the City. When more than minimal
facilities engineering and provisioning tasks are required, the installation of service will be
scheduled with the City.
10. Changes
All requests for additions or changes to City sites shall be in writing. A connectivity
change request form will be available from the Vendor and online at the Vendor website. The
change request will be evaluated to assess engineering issues and to determine whether it is a
no -cost change or an additional cost item. If it is an additional cost item, it shall be approved in
Page 22
writing by the City, and the cost will be added to the Vendor's monthly invoice to the City.
The Vendor will provision new service within ten (10) days of receipt of a signed change
request order and Vendor engineering approval of the change.
11. Network Interface Equipment Vendor Technical Support
Vendor shall obtain and maintain through the term of the Agreement, and any extensions
thereof, the support services of its network interface equipment.
12. Internet Access
Internet access shall be dedicated to the City and not shared with other Vendor
customers, and shall have equivalent upload and download capacity.
13. On -Call Networking Consulting Services
The City requires on -call networking consulting services to support its information
technology systems. The Vendor's tasks may include, but are not limited to Exhibit 5, the Vendor's
Technical Proposal and Service Charge Proposal.
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EXHIBIT 3
INTERLOCAL AGREEMENT FOR
ACQUISITION OF METROPOLITAN AREA NETWORK SERVICES
Pursuant to Chapter 39.34 of the Revised Code of Washington and other provisions of the law,
hereinafter called OTHER PARTY, and the CITY OF PORT
ANGELES, a non charter code City of the State of Washington, hereinafter called CITY, hereby
agree to cooperatively obtain services according to the following terms and conditions:
1. The City has negotiated a Metropolitan Area Network Services Agreement with Capacity
Provisioning, Inc., hereinafter called VENDOR, for the purchase of telecommunications
services, which is attached hereto as Exhibit A, and agrees to extend the privileges of said
negotiation to the OTHER PARTY to the extent permitted by law and agreed upon by the
CITY, the OTHER PARTY, and the VENDOR.
2. This Agreement is limited to services under the City's Metropolitan Area Network services
agreement with the VENDOR under Service Charge Schedule "H
3. The OTHER PARTY accepts responsibility for compliance with all laws and any
additional or varying laws and regulations governing its acquisition of services. Acquisition
of services by the OTHER PARTY shall be effected by a purchase order directed to the
VENDOR.
4. The CITY accepts no responsibility for the performance of any purchasing contract by the
VENDOR and accepts no responsibility for payment of services by the OTHER PARTY to
the VENDOR.
5. Either the CITY or the OTHER PARTY may contract independently for the acquisition of
services, with or without notice to each other.
6. This Agreement is for services necessary for the operation of the CITY and the OTHER
PARTY.
7. This Agreement shall remain in force until canceled by the CITY or the OTHER PARTY,
which cancellation may be effected with or without notice to each other.
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CITY OF PORT ANGELES, WA
Authorized Name Authorized Name
Title Title
Date Date
,WA
THIS AGREEMENT (Agreement) made and entered into this day of
2010, by and between the City of Port Angeles, a municipal corporation (City)
And Capacity Provisioning, Inc. (Vendor) (collectively Parties).
WITNESSETH
EXHIBIT 4
NON DISCLOSURE AGREEMENT
NOW, THEREFORE, in consideration of terms and covenants contained herein, the Parties
agree as follows:
1. The Vendor submitted a Technical Proposal and Service Charge Proposal to the
City in response to the City's request for proposals for Metropolitan Area
Network Services whereby Vendor shall perform telecommunications services for the
City, including but not limited to certain assessments and examination of the City's
local area networks and computer systems.
2. As a condition of such request for proposal and the Metropolitan Area
Network Services Agreement, Vendor is required to enter into this
non disclosure agreement with the City.
3. The Vendor may have access to and become familiar with various confidential
information (City Information) regularly used in the operation of the City's
business. City Information includes, but is not limited to, reports, devices; processes;
applications; compilations of information; records; computer system and network
security systems; specifications; and financial, accounting, statistical, security and
personnel information. Vendor shall not disclose any such City information to any
person, directly or indirectly, nor use it in any way, except as required or
authorized by the City.
4. City Information is not to be stored on any local workstation, laptop, or media such
as CD/DVD, USB drives, external hard drives or other similar portable devices
unless Vendor can ensure security for City Information so stored.
5. The agreement not to disclose City Information and City and third party software and
related documentation as set forth in Sections 1 through 4 above shall apply during
the term of the Metropolitan Area Network Services Agreement and at any time
thereafter unless specifically authorized by the City in writing.
7. All files, records, documents, drawings, specifications, equipment, software, and
similar items relating to the City's business, whether or not prepared by Vendor, shall
Page 26
remain the exclusive property of the City and shall not be removed under any
circumstances from the premises where the City's work is being carried on without
the prior approval of the City. Vendor shall make no copies of any City Information
obtained.
8. Attachment 1 of this non disclosure agreement shall be signed by each Vendor and
subcontractor employee prior to his or her access to confidential City Information.
9. If Vendor breaches this Agreement, the City may immediately terminate this
Agreement and withdraw Vendor's right to access City Information.
10. Vendor acknowledges that throughout the term of the Metropolitan Area Network
Services Agreement, the City will, based upon the representations made in this
Agreement, disclose security information which is critical to the continued success
of the City's business. Accordingly, Vendor agrees that the City does not have an
adequate remedy at law for breach of this Agreement and therefore, the City shall
be entitled, as a non exclusive remedy, and in addition to an action for damages, to
seek and obtain an injunction or decree of specific performance or any other remedy
from a court of competent jurisdiction to enjoin or remedy any violation of this
Agreement.
11. No act of omission or commission of either the City or Vendor, including without
limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to
be a waiver, release, or modification of the same. Such a waiver, release, or
modification is to be effected only through a written modification to this Agreement.
12. This Agreement is to be construed in accordance with the laws of the State of
Washington. Venue and jurisdiction for any cause of action or claim asserted by either
party hereto shall be in the Superior Court of Clallam County, Washington.
Page 27
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above
written.
VENDOR:
BY:
Title:
APPROVED AS TO FORM:
William E. Bloor, City Attorney
CITY OF PORT ANGELES:
321 E. 5th Street
Port Angeles, WA 98362
BY:
ATTEST:
Janessa Hurd, City Clerk
Page 28
NON DISCLOSURE AGREEMENT ATTACHMENT 1
As a condition precedent to being made aware of confidential information, I have read the
foregoing Agreement and agree to be bound by its terms.
Employee Name (Print)
Page 29
Employee Signature
EXHIBIT 5
VENDOR TECHNICAL PROPOSAL AND SERVICE CHARGE PROPOSAL
Intentionally left blank.
A copy of the Vendor's proposal is available for review at City Hall in the Public Works and Utilities engineering
office. Confidential computer network security- related information has been removed from all documents.
Page 30
I)oRTAGELEs
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: March 9, 2010
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Nippon Paper Industries USA Co. Supplement to Settlement Agreement
Summary: The City and Nippon Paper Industries USA Co. entered into a Settlement Agreement
related to the Bonneville Power Administration Residential Exchange Program. The proposed
Supplement to Settlement Agreement is related to City payment of the associated State utility taxes
to Nippon Paper Industries USA Co.
Recommendation: Forward a favorable recommendation to City Council to authorize the
Mayor to approve a Supplement to Settlement Agreement with Nippon Paper Industries
USA Co., and authorize the City Manager to make minor modifications to the agreement, if
necessary.
Background /Analysis: On June 25, 2008, the City and Nippon Paper Industries USA Co.
(NPI) entered into a Settlement Agreement. The Settlement Agreement was related to a Standstill
and Interim Relief Payment Agreement between the City and the Bonneville Power Administration
(BPA) in reference to the Residential Exchange Program.
The Settlement Agreement created an obligation of the City to reimburse NPI if the City receives a
refund of its State utility taxes. Although the City has not received a refund of State utility taxes, it
did receive an $83,836.47 credit. However, the tax credit is subject to audit for a four year period
and until then the State can deny the credit to the City.
The attached Supplement to Settlement Agreement was negotiated with NPI, which includes a
discounted present value of the tax credit and repayment to the City if the State later reclaims or
disallows the City from retaining the tax credit during the next four years.
Staff recommends that the Utility Advisory Committee forward a favorable recommendation to
City Council to authorize the Mayor to approve a Supplement to Settlement Agreement with
Nippon Paper Industries USA Co., and authorize the City Manager to make minor modifications to
the agreement, if necessary.
Attachment: Supplement to Settlement Agreement
N• \UAC \Final\NPI Supplement to Settlement Agreement doc
SUPPLEMENT TO
SETTLEMENT AGREEMENT
BETWEEN
CITY OF PORT ANGELES
AND
NIPPON PAPER INDUSTRIES USA CO., LTD.
THIS SUPPLEMENTAL AGREEMENT is made effective this 2nd day of March,
2010, by and between the City of Port Angeles, a municipal corporation of the State of
Washington, hereinafter referred to as "City and Nippon Paper Industries USA Co.,
Ltd., a Washington corporation, hereinafter referred to as "Nippon."
In consideration of the benefits to be derived by this agreement, the parties
recite, covenant, and agree as follow:
1. Recitals:
a. The City and Nippon entered into an Settlement Agreement on
June 25, 2008. Among other things, the Settlement Agreement, in
Section 5.3, authorized the parties to enter into Supplemental
Agreements as appropriate to carry out the purpose and intent of
the Settlement Agreement.
b. Section 2.3 of the Settlement Agreement creates a conditional
obligation on the City to reimburse Nippon if the City receives a
refund of State utility taxes.
c. The City did not receive a refund of State utility taxes, but it did
receive a conditional credit for State utility taxes. The amount of the
credit is $83,836.41 "the Tax Credit The Tax Credit is subject to
audit through December 31, 2013. In the event of an audit, the
State could deny the Tax Credit in its entirety or limit the amount of
it.
d. Nippon claims that under the Settlement Agreement the City should
pay the Tax Credit to it now.
e. It is in the best interests of the citizens of Port Angeles to resolve
this claim, avoiding the casts associated with a contested dispute,
saving potential interest costs to the City, and satisfying a
conditional legal obligation of the City under the Settlement
Agreement.
2. Agreement.
In compromise of its claim, Nippon agrees to accept the discounted
present value of the tax credit. Therefore, the City agrees to pay to Nippon
4819- 8160 -4101 02
022610/0912/16682 00094 1
the sum of $73,058.59, which is the discounted present value of the Tax
Credit. Nippon agrees to accept that amount as full and complete
settlement, compromise, and satisfaction of the City's obligation under the
Settlement Agreement on account of State utility taxes. Nippon releases
the City from any and all claims it may have arising from, or related to,
State utility taxes.
3. Hold Harmless.
In the event that the State later determines that the City is not entitled to
all or a part of the Tax Credit, Nippon agrees to indemnify, hold the City
harmless, and repay to the City Nippon's proportionate share of any
amount up to but not exceeding $73,058.59, which the State later may
reclaim or disallow from the Tax Credit.
4. Full Force and Effect.
Except as expressly set forth in this Supplement, the Settlement
Agreement of June 25, 2008 between the parties shall remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have
executed this Agreement on the date first written above.
CITY: THE CITY OF PORT ANGELES
NIPPON: Nippon Paper Industries USA Co., Ltd.,
a Washington corporation
ATTEST:
Janessa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
By:
Name:
Title:
4819 8160 -4101 02
022610/0912/16682 00094 2
By:
Name: hi o, s Id s 4 d
Title: P-4 t v 41. ci_
pORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: March 9, 2010
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: GoogleTM Fiber for Communities Request for Information
Summary: GoogleTM is planning to build and test ultra -high speed broadband networks in a
small number of trial locations across the country. As a first step, GoogleTM put out a Request for
Information (RFI) to help identify interested communities and welcomes responses from local
government.
Recommendation: Forward a favorable recommendation to City Council to authorize the
Mayor to respond to the GoogleTM Fiber for Communities Request for Information.
Background /Analysis: GoogleTM is planning to build and test ultra -high speed broadband
networks in a small number of trial locations across the country. GoogleTM wants to deliver
Internet speeds more than 100 times faster than what most Americans have access to today with 1
gigabit per second, fiber -to- the -home connections. GoogleTM plans to offer service at a competitive
price to at least 50,000, and potentially up to 500,000 people. Their goal is to experiment with
new ways to help make Internet access better and faster for everyone.
As a first step, GoogleTM put out a Request for Information (RFI) to help identify interested
communities and welcomes responses from local government. Responding to the RFI would
include responding to a 14 -page questionnaire by March 26, 2010. Additional information about
the RFI is available from http: /www.google.com/appserve /fiberrfi. Below are some specific
things that they have in mind:
Next generation applications: to see what developers and users can do with ultra high
speeds, whether it's creating new bandwidth intensive "killer applications" and services, or
other uses we can't yet imagine.
New deployment techniques: to test new ways to build fiber networks; to help inform and
support deployments elsewhere, and share key lessons learned with the world.
Openness and choice: to operate an "open access" network, giving users the choice of
multiple service providers.
Staff recommends that the Utility Advisory Committee forward a favorable recommendation to
City Council to authorize the Mayor to respond to the GoogleTM Fiber for Communities Request
for Information.
N \UAC \Final \Google Fiber For Communities doc
P ORT A NGELES
W A S H I N G T O N
UTILITY ADVISORY COMMITTEE MEMO
DATE: March 9, 2010
TO: UTILITY ADVISORY COMMITTEE
FROM: Ernie Klimek, Water Superintendent
SUBJECT: 2009 Consumer Confidence Water Quality Report
Summary: The Washington State Department of Health requires that every water system
provide an annual Consumer Confidence Report to its customers. The report is to contain
information on the potential contaminants present in the water supply that customers receive.
The attached report for the Port Angeles Water Supply has been prepared for distribution to the
City's water customers.
Recommendation: For information only, no action requested.
Background /Analysis: In 1996 Congress passed amendments to the Safe Drinking Water
Act that included a mandate from the Environmental Protection Agency (EPA) to require
community water systems to provide each of their customers with a Consumer Confidence
Report (CCR) every twelve months. This year's CCR, using 2009 data, will be delivered to all
City of Port Angeles water customers with the May /June utility billing statements, along with a
public information announcement in the local paper, and posted on the City's website. This
year's CCR must be distributed by July 1, 2010.
The attached CCR for calendar year 2009 has been developed in accordance with the EPA/CCR
regulations by City staff. The regulations require information on the quality of the water
delivered by the system, and characterization of any risks from exposure to contaminants in the
drinking water in an accurate and understandable manner. The City has already provided the
content of the CCR to our wholesale customers and Clallam County Public Utility District #1 as
it is required to do by April 1, 2010.
Attachment: 2009 Consumer Confidence Water Quality Report
N \UAC\Final \UAC Memo WQ Report-2009 doe
ter Customer
The City of Port Angeles is pleased to
provide you with our Annual Consumer
Confidence'Water Quality Report for 2009.
The purpose of this report is to share infor-
mation with you, our customers, about the
quality of your water and to convey a basic
nowledge of our water system. This re-
ort is a summary of the quality of water
+e provided to you in 2009, gives details
bout where the water comes from. and
compares it to standards set by regulatory
agencies.
The year 2009 was Active for the Water
Utility. The new Port Angeles Water Treat
ment Plant (PAWTP) haas been completed
and is going through acceptance testing.
When fully tested and accepted the facil-
ity will be transferred from the National
Park Service to the city of Port Angeles.
'When online the City will be in compliance
with treatment technique requirements
set out by the EPA and Washington State
Department of Health Office of Drinking
Water.
The Utility also passed the second round
of Lead and Copper sampling in 2009.
This testing was a follow up to prove the
operation of our Orthophosphate injection
system. Orthophosphate is a drinking we-
ter approved product that treats the lines
nd protects against the potential harmful
ERE Q .ES
dune 20 I 0
effects of lead and copper leaching into
the water. Sampling from 60 locations
has shown it is working and we continue
to be in compliance with Federal lead
copper drinking water standards,
If you have any questions about this
report or at anytime have concerns about
the quality of your drinking water please
visit our website at www.cityofpa.ust
pwwaterU.htm or contact me by e-mail at
eklinnek @oityofpa.us or phone
360.417.4855.
Thank you,
Ernie Klimek
Water Superintendent
WOM 3/WTPD 3
***UPDATE As of February 22, 2010
the Washington State Department of
Health Office of Drinking Water has ap-
proved Interim Online Operations of the
Port Angeles Water Treatment Plant
pending final modifications. With this
approval, the City of Port Angeles has
now met all requirements of the State
Agreed Order (2007-SAG -0O1) and is in
compliance with the Safe Drinking Water
Act.
Ernie
Whir We teetterbYPX.P.IihitiLlg.Wfflier
k.2009. we conducted over 504 tests for contaminants
Three hundred and eighty-three of these were r outine Co
form sampling, one sample for Nitrate-N. four lone-per
quarter) samples each for toter trihalomethene (TTHIVl),
and haloacetiC acid (HAAS), twelve monthly samples for
total organic carbon (IOC's). tweive monthly samples for
fluoride, twelve monthly samples for aryptosporidiorn, sixty
samples for lead end copper, and seventeen samples for
new construction and lnvestigation. The r esu1ts listed or
page 3 are a summerj of these tests as submitted to the
DOH/Office of Drinking Water and the U.S. Environmental
Protection
Than you.
Larry Messinger
Water Treatment Lead
WD M 2/WIPO 3
WATER TREATMENT
Yadmext0 Exertilt.P115
In 2003 the City requested and was approved to reduce
monitoring of Disinfection/Disinfectant-By-Products by the
DOH by having met the sampling requirements agreed to
and being below the Maximum Contaminant Level (Ma)
for TTHM's. HAA(5) and TOC's
Exceesleages
On November 30. 2009 a coliform presence was der-
tected in a routine sample. Repeat samples returned
None Detected (NO). The inital test was invalidated with
re-s and the initial results were determined to rep-
resent sampling procedural error or non-system contami-
nation.
A51.4 itkngiostkil
During 2009 the Utility also ran an array of testtng for
Volatile Organics (VOC's), Synthetic Organics (Secs), !nor
genies anc Unregulated Contaminates (UCMR2i.
These teats monitored for the presence of 1.65 regulated
and unregulated chemicals. All returned non detect
with the exception of Barium C,003rngit).Chloride (3.2rng(
L, and Sulfate (9rng/L) which were blow the State Re-
porting Levels (0.1. 20.10 mgit respectively).
kitOnOiAvegt*ei:'4
WgkettiVery:`, tIme iit vr n our water tap The 0,600i CidirpoteP„ Of *`;eriit?1:0s..'44iptiiiiii*:star04
Benjre Larry, ar ac (00,t„e,*10
In 00 nett, 1 *lif0 t*:#41
ficatides held bi staff and )satiettbit4 WaShingtOrk,43tit 0,00.3ifilfiept He'oittiAaki00 0nbt
166116 Wa* 11° 3 4*O'NPikrit
9.McSMER CONPIIIENCit' WAtV, ,10;
5Ani_plirte Co ndtgAN 5Arnple,pvtg ting, wtg. mclo Detected Viola- Malor Souroeq
Level fort
etyptosporkfium (EPA/ Monthly 00cyst/L 0 NO Naturally Occurring
LIZ
Nitrates at source—Et 7/27/09 ppm 10 SRL 110 tic) Run-
ingii 0.1 mg orf,Septit,Femlizers
Microbielogicaf Contarni- Monthly an N/A Conterni- No Contami- 11epga _tiot NA Naturally present in
rents es Needed rant Pre nant Pre- ND the environment
Monthly Samples (3,10 Pius sent sent
17 New Construclion
investigative
Total Organic Carbons I, Sample per ppm RE titil NV mono* sampTirsz
(TOC's) Month ing/L required for reduced
monitoring of twoeP
Trinalomettiane (1 1 Sample per ugii_ 100 100 toftg,..Qt: NA Byproduct of Chlorine
Quarter WO Disinfect:anis 'Process
2.611
Raloacetic Acid (HAAS) i. Sample per 441,1 60 NE ,NLIIR, NQ Byproduct of Cr:tor:no
Quarter tftgef4 Disinfections Process
Q
Lead 04/09 mg& AL SRI 93= ttO From specific plumb-
0.015 0,002 mail ing in certaln year
malt, harries
Copper 04/09 AL, SRL 9115 tlp From 5 pecifit plumb-
1.3 mg/L 0.02 mai ing in oertain year
nernes
Ptia
Radionuclide
kig1
Water Sampling Conducted in 2009
I cion Leve,t1
mia:ograms per bier
Fluoride Monthly mgit. 4 2 0,90 Ayg. K Chemical is teat:-
fatet.i by State
Asbestos I sample Arlf/i.. 7 .1 NQ Naturally Occurring
Radionuclides- R228 I, sample PC/ 5 OP fi,9 Naturally Occurring
Radionuclides Al- I. sample palL 1.5 NO No Naturally Occurring
1. sample ;CO., 50 NP NQ Naturally Occurring
Term Dpfi nition Definition
Parts pe miLlion. ut rriiIiigrerns per titer trogii;,.: ri,KM Total Trihatomethene
NO Not Detected
Cal Picocunes per Liter tail,
1 4.U...0. Ilitarorron Contaminant Level Goal
State re fling Loei
HaIoaceue Acid
ISE Not Evalvatee PED.5F, Otsinfettarq/Distrfectiort BAR
Maximunl Contarrirll3M
Million Fibers per Liter
PORT ANGELES WATER TREATMENT PLANT
epckflow Protection
To protect our customers from possible cross connection con-
tamination to the drinking water distribution system the City of
Port Angetes aggressivety Inspects and requires testing of back-
flow devices on an annual basis. In the year 2009 we evaluated
986 sites with a total of 1548 hazards. We surveyed 370 new
sites and added 75 new locations requiring annual inspections
and testing to protect the dnnking water system. if you have any
questions in regards to bacKftow requirements you may contact
me at: 360.417.4886 or e-mail at rbecker @cityof pa.us
Thank you
Ron Becker
Backflow Assembly inspector
WDM3/BAT
Maturation Mixer
ACTIFLO Process Area
Chemical Storage
Port Angeles Water Treatment Plant (top)
CROSS CONNECTION CONTROL
Xite74tERCONMekrog WATEKOKAterrYttePbrd
Source waterassessment and its
llabilitv
Water from the Penney Collector IS
tested following the guidelines estab-
lished by the DOH to detect potential f
contaminants that could reasonably be
expected to be found in drinking water. z;
Because most of the land through
which the Elwha River flows Is inside the
Olympic National Park, there is limited
opportunity for human contamination
of the water. Contaminants that might
be expected in untreated water include
biological contaminants such as viruses
and bacteria, inorganic contaminants
such as salts and metals, pesticides A „rco.
and herbicides, organic chemicats from zoo
industrial or petroleum use, and radio-
active materials.
WyiPere contamkkam JadrioNrig
Waterl
Drinking water. including bottled water,
may reasonably be expected to contain
at least small amounts of some con.
taminants. The presence of con
rants does not necessarily indicate that
water poses a health risk. More infor-
mation about contaminants and poten-
tial health effects can be obtained by
calling the EPA's Safe Drinking Water
Hotline (800,426.4791), This informa-
tion can also be accessed at the EPA's
website, www.eoa.srovisa(ewareri
bot/inelkidex.html. The source of drink-
ing water (both tap and bottled water)
induce rivers, lakes. Weems, ponds,
reservoirs. springs, and wells. As water
travels over the surface of the land or
through the ground, it dissolves natik
rally occurring minerals and, in some
cases, radioactive material, and can
pick up substances resulting from the
presence of animals or from human
activity.
Contaminants that may be present in
source water include:
Al Microbial contaminants, such as vi-
ruses and bacteria, that may come
from sewage treatment plants, septic
systems, agricultural livestock opera-
tions, and wildlife;
8)lnorganic contaminants, such as
WATER INFOR
srit o
t
t
Lake Angeles
salts and metals. which can be natu-
rally occurring or result from urban
stormwater runoff, industrial, or do-
mestic wastewater discharges. all and
gas production. mining or farming;
Ci Pesticides and herbicides. which may
come from a variety of sources such as
agriculture, urban stormwater runoff.
and residential uses;
D) Organic chemical contaminants, in-
cluding synthetic and volatile organic
chemicals, are by-products of industrial
processes and petroleum production,
which can also come from gas sta-
tions, urban stormwater runoff, and
septic systems;
E) Radioactive :contaminants, which can
be naturally occurring or be the result
of oil and gas production and milling
activities.
In order to ensure that tap water is safe
to drink, EPA prescribes regulations that
limit the amount of certain contaminants
in the water provided by public water
systems.
TION
pjal Precautions
Some people may be more vulnerable
to contaminants in drinking water than
the general population. Immuno-
compromised persons such as persons
with cancer undergoing chemotherapy,
persons who have undergone organ
ransplants, people with HIV/AIDS or
other immune system disorders, some
elderly, and infants can be particularly
at risk from infections. These people
should seek advice about drinking wa-
ter from their health care providers.
EPA/Centers for Disease Control (CDC)
guidelines on appropriate means to
lessen the risk of infection by crypto-
sporidium and other microbial con-
taminants are available from the Safe
Drinking Water Hotline
800.4264791).
Wild Flowers in Grand Val
„p •I
Water Conservation/ Water Use Efficiency
:frz
pps toet, et
2:00s4 it w .qter savrg d4s fatets pfis
invictif biiot
t6oe(.*.:10,01
kesrtrtho es
14 r "41*.oerfillga eieri
a Us t-rstkiteri;s6v11.0
Consr
!u s im 490 V■f,
WATER USE EFFiCIEN„Or.f
to-0 irifoLOOtiorv;,01*;1440,i' Water USC qcinc Par
LEAKAG ikFpRmATI4N,If
O6
Lin »Ite 914 t‘w#shiri.
cAtilertif,y, it,
n''e OrerePCAr
Avoast'dtirci in i',._ 40t9 4 1 0 0 5 MG
=,TQiat Authorieci e§0§trfip0On-iri MIIkW GQfl$ 'y 5 849 MO
Uriaccouitec1 for Distribution Systom Water in Miflion G.iion: 156 1G
Summary for 2009
In 2009 we iiei o'cliiiribtottrirto.os of 15.6:-. afeorii,:a,'
high f We 0 te 4i fOte*,:tra:dki,rltin*Ou
e#:ria1,1;vttiiir ,Z4 ipd
tiiotk.i604**01C; #1 :2000 i0c our 00\ i* 000,1: a fiCi*.. Psit;Itft s Pi711. Of
oaftkrij..00,if in tho 2009 reportng period fo4t,a4if,:of 8.6%
durin the 3yr. repos We continued our leak iucticn program at irs arid in classrooms, showed use hiStory
eptiej.4
6ti. ‘rit
I. Call To Order
Chairman Di Guilio called the meeting to order at 3:00 p.m.
II. Roll Call
Members Present: Chairman Di Guilio, Max Mania, Paul Elliott, Brooke Nelson
Members Absent: Orville Campbell
Staff Present: Glenn Cutler, Larry Dunbar, Cate Rinehart
III. Approval Of Minutes
Chairman Di Guilio asked if there were any corrections to the minutes of February 9, 2010.
Councilmember Mania moved to approve the minutes. Councilmember Nelson seconded the
motion, which carried unanimously.
IV. Discussion Items
A. Utility Advisory Committee Membership
Larry Dunbar, Deputy Director of Power Systems, advised that the community representative and
Medic 1 representative reached the end of their four -year term and recruitment had resulted in
one application for the community representative and no applications for the Medic 1
representative.
B. Applicant Interview
Utility Advisory Committee
Special Meeting
Jack Pittis Conference Room
Port Angeles, WA 98362
February 23, 2010
3:00 p.m.
Dean Reed interviewed for the position of community representative.
Councilmember Mania moved to recommend City Council appoint the applicant to serve
on the Utility Advisory Committee to represent the community. Councilmember Nelson
seconded the motion, which carried unanimously.
V. Next Meeting Date: March 9, 2010
VI. Adjournment: 3:20 p.m.
Dan Di Guilio, Chair Cate Rinehart, Administrative Specialist
N. \UAC\Final \feb 23meet.wpd