HomeMy WebLinkAboutAgenda Packet 11/08/2011Utility Advisory Committee
Jack Pittis Conference Room
Port Angeles, WA 98362
November 8, 2011 3:00 PM
AGENDA
I. Call To Order
II. Roll Call
III. Approval Of Minutes For October 11, 2011
IV. Late Items
V. Discussion Items:
A. Telecommunications Utility Establishment
B. Broadband Technology Opportunities Program Available Match
C. Clallam County Public Utility District No. 1 Telecommunications Right
Of -Way License Renewal No. 2
VI. Information Only Items:
A. 2012 Low Income Weatherization Project
B. Advanced Metering Infrastructure System Update (verbal report only)
C. Wireless Mobile Data System (BTOP) Update (verbal report only)
VII. Next Meeting Dates: December 13, 2011 (4 -5PM regular meeting, 5 -7PM BTOP)
December 15, 2011Continuation (3 -4PM BTOP)
VIII. Adjournment
N \uac \final \110811
Staff Present:
Others Present:
City Council Special Meeting/Utility Advisory Committee
Jack Pittis Conference Room
Port Angeles, WA 98362
October 11, 2011
3:00 p.m.
I. Call To Order
Chairman Dan Di Guilio called the meeting to order at 3:00 p.m.
II. Roll Call
UAC Assigned
Councilmembers Present: Dan Di Guilio, Cherie Kidd, Brooke Nelson
Other Councilmembers
Present: Patrick Downie (3:05)
Other Councilmembers
Absent: Don Perry, Brad Collins, Max Mania
Utility Advisory
Committee Members
Present: Dean Reed
Utility Advisory
Committee Members
Absent: Paul Elliott
Kent Myers, Glenn Cutler, Mike Puntenney, Bill Bloor, Larry
Dunbar, Randy Brackett, Yvonne Ziomkowski, Phil Lusk, Terri
Partch, Sondya Wray, Dennis McBride, James Burke, Rick
Hostetler, Kathryn Neal.
Jack Warburton Dave Bergdolt Brown Caldwell
Mark Donning Peninsula College Intern
Marilyn Harbaugh Port Angeles Citizen
Tom Callis Peninsula Daily News (3:25)
III. Approval Of Minutes
Chairman Dan Di Guilio asked if there were any corrections to the minutes of September 13,
2011. Committee Member Cherie Kidd moved to approve the minutes. Dean Reed seconded the
motion, which carried unanimously.
Chairman Dan Di Guilio asked if there were any corrections to the minutes of September 15,
2011. Committee Member Dean Reed moved to approve the minutes. Cherie Kidd seconded the
motion, which carried unanimously.
1
IV Late Items:
None.
V. Discussion Items:
A. 2011 On -Call Landfill Cell Stabilization Professional Services Agreement
Glenn Cutler, Director of Public Works Utilities introduced Jack Warburton, Dave Bergdolt,
and Mark Donning from Brown Caldwell; Glenn then introduced James Burke, Civil
Engineer, who gave a PowerPoint presentation on the phased approach with Herrera on the cell
stabilization for the City's Landfill. A discussion followed.
Dean Reed moved to recommend City Council approve the line item for the landfill cell
stabilization study in the Solid Waste Utility fund as part of the 2011 proposed budget
amendment in the amount of $100,000, and approve and authorize the City Manager to
sign the Professional Services Agreement with Herrera Environmental Consultants in an
amount not to exceed $98,700, and to make minor modifications to the agreement, if
necessary. Brooke Nelson seconded the motion, which carried unanimously.
B. 2011 On -Call Wastewater Utility Engineering Professional Services
Agreement
Glenn Cutler, Director of Public Works Utilities gave a short summary of the current
information on the 2011 On -Call Wastewater Utility Engineering Professional Services
Agreement. Kathryn Neal, Engineering Manager, summarized the memo and a short PowerPoint
presentation followed.
Brooke Nelson moved to recommend City Council approve and authorize the City
Manager to sign the on -call professional services agreement with Brown and Caldwell, Inc.,
with two initial project tasks, in an amount not to exceed $155,000, and to make minor
modifications to the agreement, if necessary. Cherie Kidd seconded the motion, which
carried unanimously.
C. Houston- Galveston Area Council Purchasing Cooperative Interlocal
Agreement
Glenn Cutler, Director of Public Works Utilities introduced Dennis McBride, Fleet Manager,
who discussed the benefits of having a Houston Galveston membership for purchasing
cooperatives. A brief discussion followed.
Dean Reed moved to recommend City Council approve and authorize City Manager to sign
an interlocal agreement with the Houston Galveston Area Council purchasing cooperative.
Cherie Kidd seconded the motion, which carried unanimously.
2
D. Utility Rate and Fee Adjustment Recommendations
Larry Dunbar, Deputy Director of Power Systems, gave a PowerPoint presentation on water,
wastewater, electric, storm water, solid waste collection, and solid waste transfer station utility
rate and fee adjustment recommendations, including comments received at the October 4, 2011
public hearing. A lengthy discussion followed.
Brooke Nelson moved to recommend City Council to continue the public hearing, close the
public hearing, reject the solid waste collection recycling unbundling option, select the
electric rate option 1 to apply all of the increase to the basic charge, then adopt the
proposed rate and fee adjustments ordinance amendments. Cherie Kidd seconded the
motion, which carried unanimously.
VI. Information Only Items:
A. Clallam County Public Utility District No. 1 Telecommunications Right of
Way License Expiration
Information only. No action taken.
B. Advance Metering Infrastructure System Update (Verbal report only)
Information only. No action taken.
C. Wireless Mobile Data System Update (Verbal report only)
Information only. No action taken.
VIII. Next Meeting Dates: November 8, 2011
IX. Adjournment: 5:45 p.m.
Dan Di Guilio, Mayor Janessa Hurd, City Clerk
Dan Di Guilio, Chair Utility Advisory Sondya Wray, Administrative Specialist
Committee
3
From:
PORT NGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: November 8, 2011
To: Utility Advisory Committee
Terry Gallagher, Police Chief
Dan McKeen, Fire Chief
Nathan West, Director of Community and Economic Development
Glenn Cutler, Director of Public Works and Utilities
Subject: Telecommunications Utility Establishment
Summary: Staff is completing a Request for Proposal process for the acquisition of the City
owned wireless mobile data system. Although the City has the legal authority to own
telecommunications facilities and provide telecommunications services it is advisable to establish a
telecommunications utility by ordinance.
Recommendation: Forward a favorable recommendation to City Council to conduct the
first reading of the telecommunications utility ordinance on November 15, 2011 and continue
the matter to December 6, 2011.
Background /Analysis: Staff is completing a Request for Proposal (RFP) process for the
acquisition of the City -owned Wireless Mobile Data System (WMDS). Although the City will
own the WMDS, staff has no intention of proposing the City get into the business of providing
retail telecommunications services.
Staff is also completing a separate RFP process to outsource the operation, management and
maintenance of the WMDS for public safety and for recruitment of retail service providers to use
the WMDS. But even with the City's use, there is still substantial excess capacity available for
retail telecommunications service providers to provide wireless mobile broadband connections to
individuals and businesses within the City. Staff anticipates that the RFP procurement process will
be complete for all three procurements and that the Utility Advisory Committee and City Council
will be asked to consider contract awards next month.
Although the City has the legal authority to own telecommunications facilities and provide
telecommunications services it is advisable to establish a telecommunications utility by ordinance.
The proposed ordinance, which was prepared by Terry Mundorf through the City's membership
with the Western Public Agencies Group, would create a separate City -owned utility.
N \UAC \Final \Telecommunications Utility Ordinance doc
Telecommunications Utility and Fund Ordinances
November 8, 2011
Page 2
By establishing the telecommunications utility ordinance, the City is following best practices,
which was highlighted earlier this year when the Washington Court of Appeals upheld the City of
Edmonds, WA authority to own telecommunications facilities and offer services. Toward mid
next year staff anticipates proposing a telecommunications utility fund ordinance.
Attachments: Proposed Telecommunications Utility Ordinance
Legal Dept Draft
11.04.11
Sections:
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, relating to
Telecommunications Utility, adding a new Chapter, 13.53, to Title
13 of the Port Angeles Municipal Code.
WHEREAS, the City Council does hereby find that there is need to establish a
"Telecommunications Utility for the purpose of managing, operating, and maintaining
telecommunications facilities owned by the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
do hereby ordain as follows:
Section 1. Title 13, Public Utilities, of the Port Angeles Municipal Code is
hereby amended by adding a new chapter 13.53 of PAMC, to read as follows:
Chapter 13.53
TELECOMMUNICATIONS UTILITY
13.53.005 Definitions.
13.53.010 Purposes of Chapter.
13.53.020 Telecommunications Utility Established.
13.53.025 Powers and Authorities of the Telecommunications Utility.
13.53.030 Transfer of Property.
13.53.040 Director of Public Works and Utility Department.
13.53.050 Applicability of Chapter.
13.53.060 No Obligation to Serve.
13.53.070 Rates and Rate Schedules.
13.53.080 Rights of Way.
13.53.090 Liability for Interruptions of Access.
13.53.100 Shut -Down for Repairs.
13.53.110 Tampering with Telecommunications Network.
13.53.120 Theft of Telecommunications Network Access.
—1—
Legal Dept Draft
11.04.11
Section 13.53.005 Definitions For purposes of this Chapter:
A. "Telecommunications" means the transmission of information by wire, radio,
optical cable, electromagnetic, or other similar means. As used in this definition,
"information" means knowledge or intelligence represented by any form of
writing, signs, signals, pictures, sounds, or any other symbols.
B. "Telecommunications Facilities" means lines, conduits, ducts, poles, wires,
cables, crossarms, receivers, transmitters, instruments, machines, appliances,
instrumentalities and all devices, real estate, easements, apparatus, property, and
routes used, operated, owned, or controlled to facilitate the provision of
telecommunications services.
Section 13.53.010 Purposes of Chanter. The purposes of this Chapter are as
follows:
A. To manage, operate and maintain telecommunications facilities owned or
controlled by the City.
B. To reduce the costs of providing City services by using high capacity
telecommunications facilities to support City services.
C. To provide the opportunity to extend and improve a high capacity
telecommunications network owned by or under the control of the City, and to use excess
capacity thereon to provide access to high capacity Internet and other telecommunications
services, to accommodate expanding technologies and demand, to facilitate
intergovernmental coordination and services (such as educational and health institutions),
and to provide more and faster telecommunications services to residents of the City.
D. To enhance the growth and continued economic vitality of the City.
E. To manage and regulate competing demands for the use of the public rights
of -way by minimizing the installation of duplicative communications lines and facilities on,
over or under the public rights -of -way.
F. To foster competition and reduce the cost of communications services to City
residents.
G. To effectuate the foregoing purposes, it is the intent of the City to provide for
the operation, management and maintenance of the telecommunications facilities by
contracting with private sector providers, and to operate the telecommunications facilities as
an open access facility available to retail providers who will be charged for access thereto,
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11.04.11
and who will have the direct business relationship with the end -use customers, instead of the
City filling such role.
13.53.020 Telecommunications Utility Established. For the purposes of this
Chapter and for the purposes of operating telecommunications facilities of the City, there is
created and established a Telecommunications Utility to be operated by the City's
Department of Public Works and Utilities, which, for purposes of this Chapter, may also be
referred to as "the Department."
13.53.025 Powers and Authorities of the Telecommunications Utility. The
Telecommunications Utility shall perform the functions, and have the authority, as set forth
in Chapter for managing, regulating, and controlling the City's telecommunications facilities.
Without limiting the generality of the preceding sentence, the Telecommunications Utility
shall have the power and authority:
A. To manage, operate and maintain telecommunications facilities owned or
controlled by the City.
B. To extend and improve a high capacity telecommunications network owned by
or under the control of the City, and to use excess capacity thereon to provide access
to high capacity Internet and other telecommunications services to the public.
C. To contract with private sector providers to provide for the operation,
management and maintenance of the City's telecommunications facilities, and
D. To operate the telecommunications facilities, or cause them to be operated, as
an open access facility available to retail providers who will be charged for access
thereto, and who will have the direct business relationship with the end -use
customers.
13.53.030 Transfer of Property All telecommunication facilities, equipment,
property, and property rights and interests owned or held by the City, however acquired,
insofar as they relate to or concern telecommunications are hereby transferred to the
Telecommunications Utility.
13.53.040 Director of Public Works and Utility Department.
A. The word "Director as used in this Chapter, shall mean the Director of the
City Public Works and Utilities Department, or his designated agent or employee.
B. The Telecommunications Utility shall be administered under direction of the
Director of Public Works and Utilities. The Director shall have full charge and control of all
work provided for and contemplated by this Chapter, subject to the ultimate control and
authority of the City Manager and the City Council.
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Legal Dept Draft
11.04.11
C. The City shall have exclusive right to sell, lease and deliver access on the
telecommunications network owned by or under the control of the City. Rights of access and
delivery of services across the telecommunications facilities owned by or under the control of
the City arising under the provisions of this Chapter shall not be transferred to any person or
entity without the express written approval of the City Council.
13.53.050 Applicability of Chanter. The provisions of this Chapter shall apply only
to the delivery of access to and related services across the telecommunications facilities
owned by or under the control of the City. Nothing in this Chapter shall be construed or
deemed to regulate the delivery of telecommunications or data services over or across lines,
facilities or equipment owned by a private telecommunications provider, or which may be
located in the public right -of -way pursuant to a franchise, lease, permit, license, or other
privilege granted to such private communications provider by the City.
13.53.060 —No Obligation to Serve. The City shall have no obligation to serve or
provide access on the telecommunications facilities owned by or under the control of the
City. The City reserves the right to limit or refuse access to the telecommunications facilities
owned by or under the control of the City at its sole discretion, provided such access shall not
be limited or denied in a manner that is inconsistent with applicable federal, state or local law
or regulations.
13.53.070 Rates and Rate Schedules. Rates and charges for delivery of access and
related services across the telecommunications facilities owned by or under the control of the
City shall be billed in accordance with contracts with private sector providers as established
from time to time by the City Council.
13.53.080 Rights of Way and Pole Attachments.
A. The City hereby grants to the Telecommunications Utility established by this
Chapter authority to use the City's rights of way to install telecommunication facilities and
apparatus necessary to effectuate the purposes of this Chapter, and the right to enter onto
such public rights of way to operate and maintain such telecommunications facilities, and to
extend, improve and expand the telecommunications facilities owned or controlled by the
City.
B. The City may condition access to the telecommunications facilities owned or
controlled by the City upon the dedication or conveyance to the City of a utility easement for
the installation, operation and maintenance of such telecommunications facilities over,
across, upon and under property owned or controlled by another. The City may also require
such dedication or conveyance to be by warranty deed or it may require execution of an
indemnification covenant assuring good and merchantable title thereto. Such utility
easement may be used for the purpose of providing delivery of telecommunications access
and related services to the City as well as to others. Such utility easement shall permit access
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11.04.11
thereto by City employees and agents at all reasonable hours or at any time in an emergency
situation, as determined by the City in its sole discretion.
C. Any telecommunications facilities attached to any pole owned or controlled by
the City shall be subject to all ordinances and regulations pertaining to such pole
attachments, including payment of fees and rates for therefore.
13.53.090 Liability for Interruptions of Access. The City shall not be liable for any
loss, injury or damage of any kind, including but not limited to consequential, special and
punitive damages, resulting for the interruption, reduction, loss or restoration of access to the
telecommunications facilities owned or controlled by the City from any cause, including
without limitation any loss by fire, flood, accident, casualty, sabotage, terrorist act, strike,
labor slow -down, act of God or the public enemy, or failure or inadequacy of
telecommunications network access or appurtenant facilities. The City disclaims any express
or implied warranty of merchantability or fitness for a particular purpose for access to the
telecommunications facilities owned or controlled by the City provided pursuant to this
Chapter. The delivery of telecommunications access to any person or entity shall not be
construed as or deemed to be the delivery of goods under the Washington Uniform
Commercial Code. Every person and entity accepting access to the telecommunications
facilities owned or controlled by the Cityagrees to, and shall be deemed to, waive any and all
claims for damage or loss to the person's or entity's lines, facilities or communications
equipment caused by any act or omission of the City; provided however, that nothing herein
shall be deemed or construed as a waiver of any claim for damage or liability arising out of
the gross negligence or malicious act of the City or its agents.
13.53.100 Shut -Down for Repairs. For purposes of making repairs, upgrades,
extensions or changes to the telecommunications facilities owned or controlled by the City,
or to avoid damage to property or to persons, the City may without prior notice suspend
access to the telecommunications facilities owned or controlled by the City for such periods
as the City determines in its sole discretion to be reasonably necessary to make such repairs,
upgrades, extensions, or changes, or to avoid damage to property or to persons. The City
shall not be liable for damage of any kind, direct or indirect, resulting from any such
suspension of access to the telecommunications facilities owned or controlled by the City.
13.53.110 TamnerinQ with Telecommunications Network. No person shall connect
to, adjust, tamper with or make any alteration or addition to the telecommunications facilities
owned or controlled by the City, without having first obtained written permission from the
Director, and any person who causes damage to the telecommunications facilities owned or
controlled by the City shall be liable to the City for any damage proximately caused by such
unauthorized connection, adjustment, tampering, alteration or addition to such
telecommunications facilities.
13.53.120 Theft of Telecommunications Access. It shall be unlawful for any person
to make any connection to or to install or to construct any facility or equipment with the
intent of obtaining access from or make use of the telecommunications facilities or network
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11.04.11
owned or under the control of the City without paying for such access or without paying the
fees and charges applicable thereto.
Section 2 Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application
of the provisions of the Ordinance to other persons or circumstances is not affected.
Section 3 Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting
of the title.
Section 4 Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's /clerical errors, references, ordinance numbering,
section /subsection numbers and any references thereto.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day December, 2011.
Janessa Hurd, City Clerk William E. Bloor, City Attorney
PUBLISHED: 2011
G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2011\25 Telecommunications Utility 10 25 l Iwpd wpd
November 4, 2011
By Summary
—6—
Dan Di Guilio, Mayor
ATTEST: APPROVED AS TO FORM:
From:
N \UAC \Final \BTOP Cash Match doc
PORTNGS
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: November 8, 2011
To: Utility Advisory Committee
Terry Gallagher, Police Chief
Dan McKeen, Fire Chief
Nathan West, Director of Community and Economic Development
Glenn Cutler, Director of Public Works and Utilities
Subject: Broadband Technology Opportunities Program Available Match
Summary: City Council authorized the City Manager to accept the Participation Agreement,
however, the City Manager assured City Council he would not sign the Participation Agreement
until an agreement was reached on how the City would fund its cash match.
Recommendation: Forward a favorable recommendation to City Council to support the
proposed components and amounts that comprise the City's available match to NoaNet for
the BTOP sub grant.
Background /Analysis: On March 15, 2011, City Council authorized the City Manager to
accept the Participation Agreement for the $2,559,036 sub -grant from the Northwest Open Access
Network (NoaNet) under the Broadband Technology Opportunities Program (BTOP) for the
Wireless Mobile Data System (WMDS). However, the City Manager assured City Council that he
would not sign the Participation Agreement until both City Council and staff agreed upon how the
City would fund the $1,096,729 cash match. It wasn't until most recently (October 12, 2011) that
NoaNet offered the City's its Participation Agreement.
Staff is completing a Request for Proposal (RFP) process for the acquisition of the City -owned
WMDS which qualifies for the sub grant. Staff anticipates that the RFP procurement process will
be complete and that the Utility Advisory Committee and City Council will be asked to consider
awarding the acquisition contract next month.
A list of the components and amounts that comprise the City's available cash match is on the
following page. The City's cash match includes invested funds and in -kind services prior to and
after the January 15, 2010 Notice of Funds Availability (NOFA) through next month's contract
award. In addition, the City's cash match will include invested funds and in -kind services that will
be incurred in the future during acquisition of the WMDS. Staff estimates a $1,969,278 cash
match for prior and future invested funds and in -kind services is available to satisfy the City's
$1,096,729 maximum cash match requirement. The staff cash match estimate was provided to
NoaNet requesting they confirm the components and amounts.
Broadband Technology Opportunities Program Available Match
Public Safety Considerations Study (1/16/10 12/31/10) Match
Outside consultants (actual) $22,500
City stafftime planning and support (actual) 29,742
Sub -Total $52,242
Wireless Network RFP support (8/1/11- 12/31/11)
Outside consultants (actual) $65,400
City staff planning and support (actual) 2,903
City staff time RFP evaluation negotiation (estimate) 6,761
Sub -Total $75,065
Public Works and Utilities Department Contributions
2011 City stafftime new fiber network sites (1/1/11- 4/30/11) $10,036
2011 colocated new fiber network sites (split 1/2 cost) 36,122
2011 redundant backbone routing (split 1/2 cost) 93,499
2011 network upgrade oversight CTC (split 1/2 bill) 4,950
2012 redundant backbone routing (estimate) (split 1/2 cost) 55,000
2012 colocated new fiber network sites (estimate) (split 1/2 cost) 50,000
2012 City stafftime new fiber network sites (estimate) (1/1/12- 4/30/12) 10,036
STOP environment assessment (estimate) 20,000
Right of way construction permitting (estimate) 16,575
Electrical work permitting (estimate) 4,618
Street light standard replacement (estimate) 10,000
Phase I &II City stafftime project management (estimate) (1/1/12- 7/31/12) 19,271
Phase III City stafftime project management (estimate) (8/1/12- 7/31/13) 33,036
Sub -Total $363,143
Police and Fire Departments Contribution
New World Systems software (actual) 10/31/08- 1/15/10 $562,738
New World Systems software (actual) 1/16/10- 7/22/11 v 257,415
New World Systems upgrades (estimate) 7/23/11- 12/31/11 145,200
Traffic control (estimate) 44,800
NetMotion software (actual) 52,876
PD FD stafftime InMotion mobile installation testing (estimate) 12,800
Criminal justice fund (actual) 300,000
Sub -Total $1,375,829
Community and Economic Development Contribution
Harbor Security Surveillance project (estimate) $103,000
Sub -Total $103,000
Total Available Match $1,969,278
Minimum Required City Match $1,096,729
PORT NGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: November 8, 2011
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Clallam County Public Utility District No. 1 Telecommunications Right -Of -Way
License Agreement Renewal No. 2
Summary: The City's license to the Clallam County Public Utility District for its
telecommunications system within the City has expired. The license needs to be renewed to allow
the District's telecommunications system to remain in place.
Recommendation: Forward a favorable recommendation to City Council to authorize the
City Manager to renew the Telecommunications Right -Of -Way License with the Clallam
County Public Utility District for an additional five -year term.
Background /Analysis: The City's license to the Clallam County Public Utility District
(District) to construct, maintain, and operate a telecommunications system within the City for the
District's internal needs became effective October 10, 2001. The initial term of the license was
five -years and expired October 10, 2006. On August 15, 2006, City Council authorized the first 5-
year renewal to the license, which expired earlier this year and needs to be renewed to allow the
telecommunications system to remain in place.
Due to the District's limited authority under State law, the license does not grant the District
authority to provide wholesale or retail telecommunications services to end users within the City,
interconnect the District's telecommunications system with other systems within the City, nor
allow the District to expand its telecommunications system within the City.
In accordance with the City's telecommunications ordinance (excluding the District's failure to
submit a timely renewal request), the District requested the license be renewed and paid a $500
deposit to offset the City's administrative cost to consider the renewal. As part of the District's
attached request they would like the City to eliminate the provision related to their lack of
authority to provide wholesale or retail telecommunications services to end users within the City,
which was not acceptable to the City Attorney. The proposed license renewal is also attached.
Attachments: Clallam County Public Utility District Renewal Request
Proposed Right of Way License Agreement Renewal No. 2
N \UAC\Final \PUD Right -Of -Way License Renewal No 2 doe
October 5, 2011
Mr. Glen Cutler
Director of Public Works
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
RE:Telecommunications Right -of -Way License
Dear Glen:
Please call with any questions.
Sincerely,
Doug, Nass
General Manager
RECEIVED
CLALLAM COUNTY
OCT 7 2011
CI TY PORT LES
ANGELES
Bringing Energy To Life'"'
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to
Listed below is the information requested for renewal of the Telecommunication Right -of -Way License. A warrant
in the amount of $500 has been mailed to your office.
The only change we would propose to the ROW Agreement renewal would be elimination of the third WHEREAS
on page one regarding wholesale telecommunications which would allow further conversations regarding
telecommunications services within the City limits.
Renewal Information
Entity Reauestinn Renewal: Public Utility District No. 1 of Clallam County
Telecommunications Services: The primary purpose of the fiber -optic cable infrastructure is for the District's own
use. Capacity that is excess to the District's needs is made available on a wholesale basis only,
Video Services: The District does not intend to provide cable service, open video service, or other video
programing services.
Network Man: No facilities have been added to the original submittal.
District Locations: The District's operation center on 18 Street is located within the City and connected to the
District's telecommunications system.
Interconnection Locations The District's Port Angeles Het, located on Pioneer Road, allows interconnection for
wholesale telecommunication services. The District has an agreement with one service provider reselling
telecommunications services within the City.
Commissioners. Will Purser, District No 1 Hugh Haffner, District No, 2 Ted Simpson, District No 3 General Manager. Doug Nass
PUD No 1 of Clallam County 2431 East Highway 101 P 0 Box 1090 Port Angeles, WA 98362 -0207 www,elallampud.net
Office 360 -452 9771 Fax 360 452.9338
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RIGHT OF WAY LICENSE AGREEMENT RENEWAL N O. 2
This Agreement is entered into this day of ?201 1
between the City of Port Angeles (hereinafter "City granting municipal consent to the
Clallam County Public Utility District No. 1 (hereinafter "Grantee in the form of a
right -of -way license for the purpose of reconstructing, maintaining, operating and using a
telecommunications system in public streets, alleys and rights -of -way in the City of Port
Angeles to provide for the Grantee's internal telecommunications needs and to provide
wholesale telecommunications services outside of the City; providing for general and
administrative provisions; providing fees and compensation for the privileges conferred
under this right -of -way license; providing conditions; providing for enforcement of right
of -way license provisions; and providing for written acceptance of the terms of this right
of -way license.
WHEREAS, the City of Port Angeles, pursuant to federal law, state statutes, and
local ordinances, eranted municipal consent to the Grantee on October 10. 2001 in the
Form ol'a rittht -oL a` license. and ,minted renewed municipal consent to the Grantee on
September 27. 2006. and is authorized to consent to one or more non exclusive right -of-
way licenses to reconstruct, operate, and maintain a telecommunication system in the
public rights -of -way within the municipal boundaries of the City as designated in Exhibit
"A" "City Area and
WHEREAS, the Grantee has requested municipal consent from the City to
construct a tt -1 c:; ;hand has submitted a written application for this
right -of -way license renewal, which application is attached hereto as Exhibit "B and
WHEREAS, nothing within this right -of -way license shall be construed to
authorize the Grantee to provide telecommunications services or wholesale
telecommunications services to end users within the City; and
WHEREAS, as applicable, the definitions of all words not defined herein shall be
as used in the following chapters of the Port Angeles Municipal Code: Chapter 11.14
Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter
5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of -Way,
Chapter 11.12 Right -of -Way Use, Chapter 13.14 Pole Attachments, and Chapter 17.52
Page 1 of 7
Wireless Telecommunications Towers and Facilities, which are incorporated herein for
all purposes;
IN CONSIDERATION of the above representations and the agreements set forth
herein, the parties hereby agree as follows:
Section 1 Scone Of City Consent.
The City herby consents to authorize the Grantee, a rene\\ ed term for a period of
five (5) years from and after the effective date of this Agreement (the "Term the non-
exclusive right to reconstruct, use, operate, own and maintain a telecommunication
system in, on, under and over the public rights -of -way, as described in Exhibit "B" ui the
September 20. 2011 riulu of vkav license, subject to applicable law and specifically
Chapter 11.14 PAMC, hereafter referred to as the Telecommunications Ordinance. The
consent extended to Grantee herein is limited to the ril~ht to reconstruct. maintain and
repair the installation and facilities contemplated by the October 10. 2001 ri17ht of \\av
license onl\ and specifically does not include any extension or expansion of facilities or
equippenl.
Section 2 Authority Not Exclusive.
The consent conferred in Section 1 is not exclusive, pursuant to the
Telecommunication Ordinance. The Grantee shall respect the rights and property of the
City and other authorized users of the public rights -of -way.
Section 3 Fees And Compensation.
From and after the effective date of this Agreement and throughout the Term of
this Agreement, the Grantee shall pay the City all taxes, fees and compensation pursuant
to the Telecommunications Ordinance.
Section 4 ('cal t s iruct ion Reconstruction and Operation of the Telecommunication
System.
In reconstructing and operating al id tnaintainig telecommunication system,
the Grantee shall comply with all applicable requirements of the following Chapters of
the Port Angeles Municipal Code: Chapter 11.14 Telecommunications, Chapter 3.70
Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08
Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way
Use, Chapter 13.14 Pole Attachments, and Chapter 17.52 Wireless Telecommunication
Towers and Facilities. In addition, the Grantee shall comply with the following:
4.1 Permits Required. Grantee shall not cn ;t: uct. reconstruct, or relocate the
telecommunication system (or parts thereof) within the public rights -of -way or on
City property unless authority has been obtained in accordance with the
Telecommunications Ordinance or other applicable City approvals.
4.2 Plan Review. Grantee shall not commence reconstruction unless and until
all maps and other documents are provided to the City, in accordance with
Page 2 of 7
Chapter 11.14 Telecommunications, Chapter 5.04 Licensing, Chapter 5.80
Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of-
Way, Chapter 11.12 Right -of -Way Use, and Chapter 13.14 Pole Attachments.
4.3 Scheduling. The Grantee shall provide the City advance notice before
beginning reconstruction or installation, pursuant to the Telecommunications
Ordinance.
4.4 Commencement of Construction. Construction of the facilities
contemplated by thi the October 1 0.,2001 right -of -way license tta-h tfte
one cai a-t4- of --,h, e eetiv_. kla .:f th-, ri, #:.;l
p \44ed- -t-hat ~rich tits -x hi,.- tie':: .f
strikes- t- minent domain -litii ation, or othet-- oc -ct +rrenccs o +er which- Iht- Eirantce
has no coat -po— v+ as completed, any reconstruction and maitntenance N‘orl, shall
comply +ith this right- ul -\■av license.
4.5 Construction Standards. Grantee shall comply with construction standards
in accordance with Section 11.14.040 of the Telecommunications Ordinance. In
addition, any employee, contractor, vendor or agent assigned to work on the
inctallatiot reconstruction. maintenance, or repair of system equipment must be
properly licensed under the laws of the State of Washington and the City of Port
Angeles.
4.6 Inspections. The Grantee shall permit the City to conduct inspections of
reconstruction. maintenance or m llation repair to ensure compliance with the
Telecommunications Ordinance.
4.7 Restoration of Property. At its own cost and expense, Grantee shall within
ten (10) calendar days restore property on public or private lands disturbed by
Grantee's activities, pursuant to the Telecommunications Ordinance.
4.8 Removal or Relocation of Facilities. The Grantee shall remove or relocate
facilities as required by the Telecommunications Ordinance.
4.9 Installations on City Property and Private Property. No cable line, wire,
amplifier, converter, or other piece of equipment owned by the Grantee shall be
installed by the Grantee on any City property or private property without first
securing the written permission of the City or a grant of authority as required
under this Agreement or written permission of the property owner and /or lawful
occupant of any property involved.
4.10 City Use of Grantee's Facilities. In consideration of the rights and
privileges hereby granted, the City shall have, and Grantee hereby grants to the
City, the right and privilege to suspend and maintain wires and necessary control
boxes on poles placed by the Grantee in the streets, and other places aforesaid, or
if such wires are placed underground, to place and maintain in the pipes or
Page 3 of 7
conduits of the Grantee, if space therein is available, wires which City may
require for electrical, water, wastewater, fire, police, or emergency services. All
such wires must be placed on the poles or in conduits so as not to interfere with
communications service and shall not carry currents or voltage dangerous to
Grantee's plant or Grantee's users, and all installations, maintenance and repairs
shall be subject to the rules, regulations and supervision of the Grantee. City
agrees in consideration of establishing this service and furnishing such facilities,
to hold Grantee harmless from all claims and or liability for damage, which may
arise out of operating these wires and control boxes. Further, where such facilities
have been installed or maintained by the City and not solely by Grantee, the City
agrees to hold the Grantee harmless from all liability from any claims or damages
that may arise out of the negligent installation, maintenance, use or operation by
the City of these facilities.
4.11 Books and Records. The Grantee shall keep books and records as required
by the Telecommunications Ordinance and in accordance with generally accepted
accounting principles.
Section 5 Tree Trimming.
Upon ten (10) days' written notice provided to the Director, except in an
emergency of imminent danger to persons or property, the Grantee may trim trees or
other vegetation owned by the City or encroaching upon the public right -of -way to
prevent branches or leaves from touching or otherwise interfering with its wires. All
trimming or pruning within environmentally sensitive areas shall be subject to applicable
requirements of Chapter 15.20 PAMC Environmentally Sensitive Areas Protection. All
trimming or pruning shall be at the sole cost of the Grantee. The Grantee may contract
for said trimming or pruning services with any person approved by the City prior to the
rendering of said services.
Section 6 Reports.
The Grantee shall make available to the City such information or reports, as
required by the Telecommunications Ordinance. The Grantee shall allow the City to
inspect any of the Grantee's facilities and equipment with sufficient notice as to not
disrupt the operations of the Grantee.
Section 7 Indemnity And Insurance.
The Grantee shall comply with applicable sections of the Telecommunication
Ordinance governing indemnity and insurance.
Section 8 Grantee Default And Remedies.
If Grantee fails to comply with or is in violation of this Agreement or the
Telecommunication Ordinance, Grantee will be subject to termination and remedies as
provided for in PAMC 11.14.050.
Section 9 Compliance With Laws: Severability.
Page 4 of 7
1
Notwithstanding any other provisions of this Agreement to the contrary, the
Grantee shall at all times comply with all applicable police powers and regulations of the
City and all administrative agencies thereof.
9.1 If any provision of this Agreement or any related ordinance is held by any
court or by any federal, state, or local agency of competent jurisdiction to be
invalid as conflicting with any federal, state or local law, rule or regulation now or
hereafter in effect, or is held by such court or agency to be modified in any way in
order to conform to the requirements of any such law, rule or regulation, said
provision shall be considered as a separate, distinct and independent part of this
Agreement, and such holding shall not affect the validity and enforceability of all
other provisions hereof or thereof. In the event that such law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed, so that the
provision hereof or thereof which had been held invalid or modified is no longer
in conflict with the law, rules and regulations then in effect, said provision shall
thereupon return to full force and effect and shall thereafter be binding on the
parties hereto, provided that the City shall give the Grantee sixty (60) days written
notice of such change before requiring compliance with said provision.
9.2 If the City determines that a material provision of this Agreement is
affected by such action of a court of the federal, state or local government, the
City and Grantee shall have the right to modify any of the provision hereof or in
such related ordinances to such reasonable extent as may be necessary to carry out
the full intent and purpose of this Agreement.
Section 10 Taxes. Permit And Other Fees.
Nothing contained in this Agreement shall be construed to exempt the Grantee
from any tax levy, permit fee or assessment, including but not limited to application,
inspection, pole attachment, excavation impact, or tree trimming fees, which are or may
be hereafter lawfully imposed on all entities engaged in the same business as the Grantee,
or as are generally applicable in the City or State.
Section 11 Sale Or Transfer.
With respect to the sale or transfer of the Grantee's franchise or
telecommunication system, the Grantee shall comply with appropriate sections of the
Telecommunications Ordinance.
Section 12 Service Of Notice.
All notices required or permitted to be given to either party by the other party
under any provisions of this Agreement shall be in writing and shall be deemed served as
follows:
(a) When delivered by hand or by Federal Express or similar service to that
party's address set forth below during normal hours; or
(b) When mailed to any other person designated by that party in writing
herein to receive such notice, via certified mail, return receipt requested.
Page 5 of 7
12.1 Notice shall be given to the following:
(a) If to the City: Glenn Cutler, Public Works and Utilities Director
P.O. Box 1150, Port Angeles, WA 98362 -0217
(b) If to Grantee: General Manager
P.O. Box 1090, Port Angeles, WA 98362 -0207
Section 13 Force Maieure.
Any delay, preemption, or other failure to perform caused by factor
beyond either party's reasonable control, such as an act of God, unauthorized labor
dispute, non delivery by non affiliated suppliers, war, riot, technical breakdown, or
government administrative or judicial order or regulation, shall not result in a default of
the Agreement. Each party shall exercise its reasonable efforts to cure any such delays
and cause thereof, and performance under the terms of this Agreement shall be excused
for the period of time during which such factor continues.
Section 14 Construction And Jurisdiction.
In the event of any conflict between this Agreement and the Telecommunications
Ordinance, the terms of the Telecommunications Ordinance shall prevail and control.
This Agreement is made and performed in Clallam County, Washington, and it
shall be construed in accordance with the laws in the State of Washington and the City of
Port Angeles. Any lawsuit under this Agreement shall be brought in Clallam County,
Washington.
Section 15 Execution.
This Agreement shall take effect upon execution by the following duly authorized
representatives of the parties.
City of Port Angeles:
By:
Attest:
Grantee:
(44€41.2 c z+tie 1
DirectorK nt Myers, City Vlana wer
Page 6 of 7
Approved as to form:
e 1 lard, City Clerk
L'raig D. Bluor. City Attorney
"ticl Utilities
by:
by:
Page 7 of 7
P 0RT A NGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: November 8, 2011
To: Utility Advisory Committee
From: Rick Hostetler, Customer Services Manager
Phil Lusk, Power Resources Manager
Subject: 2012 Low Income Weatherization Project
Summary: The Finance and the Public Works and Utilities Departments will begin a new
project in 2012 that targets low- income electric utility customers who meet federal poverty
guidelines and are not currently enrolled in the City's Utility Discount Program for Low Income
Senior Citizens and Disabled Citizens.
Recommendation: Information only, no action requested.
The Finance and the Public Works and Utilities Departments will begin a new project in 2012 that
targets low income electric utility customers who meet federal poverty guidelines and are not
currently enrolled in the City's Utility Discount Program for Low Income Senior Citizens and
Disabled Citizens.
The desired outcome is to encourage these customers to take advantage of a low income
weatherization program provided by the Bonneville Power Administration (BPA) that will increase
the energy efficiency of their homes at no cost to them. Please refer to the following page for a
summary of BPA requirements and BPA and City poverty guidelines.
An outreach campaign is planned for low income electric utility customers in owner occupied
single family residences, and referral agencies that could aid in disseminating information about
the program to this target audience. A public workshop for participants is also planned to advise
them about the project, as well as to provide them with "no- cost /low- cost" energy conservation
tips.
A total of $200,000, roughly 25% of the FY12 conservation program's budget, is being
programmed for this project. The anticipated kick -off date is late January 2012. The Finance
Department will assist in screening applicants to ensure they meet federal poverty guidelines using
a process similar to that done now for the City's Utility Discount Program. The Public Works and
Utilities Department will administer the delivery of the project using Olympic Community Action
Programs and City Authorized Contractors.
Since 2008, the City has invested more than $270,000 in weatherizing the homes and apartments
of low income senior citizens and disabled citizens that qualify for the Utility Discount Program.
The recent increase in the BPA conservation budget now allows the City to expand its
weatherization efforts to reach more low- income electric customers.
N \UAC \Final \2012 Low Income Weathenzation Project docx
2012 Low- Income Weatherization Project
November 8, 2011
Page 2
BPA Low Income Weatherization Requirements
Low income eligibility is defined in the Federal Weatherization Assistance Program as 200
percent of the poverty income levels. Approved statewide eligibility definitions substitute for
federally established low income levels, if provided. All low- income weatherization funds must
generate reportable, cost effective savings. The Electric Utility may run low- income
weatherization programs themselves or through contractors, but must, at all times, retain
responsibility for and control over a program.
Funds may be used for repair work (i.e., health and safety or to ensure efficacy of measure)
directly associated with the installation of cost effective weatherization measures, but repair costs
must be reported separately. The Electric Utility may combine funding sources within a residence,
but may not mix BPA funds with other funds to pay for installation of the same measure.
Measures must be defined by the Regional Technical Forum as Total Resource Cost (TRC) cost
effective and approved by BPA.
The 2011 federal poverty guidelines are as follows:
Commerce
Federal US HHS WA State Federal 2010 HUD
Persons 125% of 200% of 60% State 80% State
in family Poverty Poverty Poverty Median Median
1 I $10,890.00 $13,613 $21,780 $25,518 $32,100
2 I $14,710.00 $18,388 $29,420 $33,370 $36,700
3 $18,530.00 $23,163 $37,060 $41,221 $41,300
4I $22,350.00 $27,938 $44,700 $49,073 $45,850
5 $26,170.00 $32,713 $52,340 $56,924 $49,550
6 $29,990.00 $37,488 $59,980 $64,776 $53,200
7 $33,810.00 $42,263 $67,620 $66,248 $56,900
8 $37,630.00 $47,038 $75,260 $67,720 $60,550
1 For families with more than 8 persons, add $3,820 for each additional person.
The City of Port Angeles Utility Discount for eligible low income senior or disabled citizens is as
follows:
Discount Poverty guideline
30% I $0 $7,999
20% I $8,000 $11,500
10% I $11,501 $17,500
5% I $17,501 $21,000