HomeMy WebLinkAboutAgenda Packet 02/02/2016
Mayor to determine time of break / Hearing devices available for those needing assistance.
February 2, 2016 Port Angeles City Council Meeting Page - 1
The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve
the needs and/or convenience of the Council and the public. Mayor to determine time of break. The items of business for regul ar
Council meetings may include the following:
A. CALL TO ORDER - SPECIAL MEETING AT 5:30 P.M. – Executive Session under authority of RCW
42.30.110(1)(i), to discuss potential litigation with legal counsel.
CALL TO ORDER - REGULAR MEETING AT 6:00 P.M.
B. ROLL CALL
PLEDGE OF ALLEGIANCE
CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS
C. PUBLIC COMMENT -
D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS -
E. CONSENT AGENDA / Approve
1. City Council Minutes: January 5, 2016 and January 19, 2016.............................................................................................. E-1
2. Expenditure Approval List: January 9, 2016 through January 22, 2016 in the amount of $2,135,120.41 ............................ E-9
3. Amendment to Agreement for the Port Angeles Fine Arts Center ....................................................................................... E-25
4. Department of Ecology Site Rental Agreement ................................................................................................................... E-55
5. Update to Professional Services Agreement with Systems Design West, LLC ................................................................... E-59
6. Equipment Purchase: Police Sedan Replacement ................................................................................................................ E-66
F. PUBLIC HEARINGS – (6:30 P.M. or soon thereafter) ................................................................................... None
G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS
1. Franchise Ordinance / Conduct First Reading / Continue to February 16, 2016 .................................................................. G-1
H. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS ......................................................................... None
CITY COUNCIL MEETING
321 East 5th Street
February 2, 2016
SPECIAL MEETING – 5:30 p.m.
REGULAR MEETING – 6:00 p.m.
Mayor to determine time of break / Hearing devices available for those needing assistance.
February 2, 2016 Port Angeles City Council Meeting Page - 2
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a pub lic
hearing in order to receive public input prior to making decisions, which impact the citizens. Certain matters may be
controversial, and the City Council may choose to seek public opinion through the public hearing process.
I. OTHER CONSIDERATIONS
1. Clallam County Economic Development Corporation Funding .............................................................................................. I-1
J. FINANCE
1. Landfill Bluff Stabilization Project Settlement Change Order ................................................................................................ J-1
2. Server Replacements (IT0614) ................................................................................................................................................ J-7
K. COUNCIL REPORTS -
L. INFORMATION
City Manager Reports:
1. 911 Regionalization Study ..................................................................................................................................................... L-1
2. Public Works & Utilities Construction Status Report ............................................................................................................ L-3
3. Public Works & Utilities Grants and Loans Status Report ..................................................................................................... L-4
4. Public Works & Utilities Quarterly Consultant Report .......................................................................................................... L-6
5. Thank you Letter to the Polar Pioneer ................................................................................................................................. L-23
6. Council Committee, Board and Commission Assignments ................................................................................................. L-24
7. Parks, Recreation & Beautification Commission Minutes .................................................................................................. L-25
8. Port Angeles Downtown Association Third & Fourth Quarter Report ............................................................................... L-27
M. EXECUTIVE SESSION
N. SECOND PUBLIC COMMENT
O. ADJOURNMENT –
City Council Meeting February 2, 2016
PUBLIC COMMENT SIGN-UP SHEET
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City Council Meeting February 2, 2016
PUBLIC COMMENT SIGN-UP SHEET
Are you a
Cite of Port Angeles
Print Name Clearly Address resident or business
owner? Topic
Yes or No
cut Yes or No
�✓�� /�I Yes or No � ✓�D(.G�
Yes or No
Yes or No
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Yes or No
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AKD
69
ORAL PRESENTATION TO City Council - - -a summary of written testimony submitted earlier today.
Eloise Kailin, M.D. for Our Water -Our Choice! (a PAC)
Feb.2,2016
Five former Port Angeles Mayors have written a Commentary in Peninsula Daily News
(Feb. 27). They charge opponents of fluoridation with incivility, as expressed by noisy
expressions and interruptions. Incivility is indeed regrettable but a bad example of an
exaggerated nature has been set not by citizens, but by the former Fluoride -Six and the
present Fluoride Four. Let me explain.
Four of these complaining mayors quite literally forced fluoridation down the throats of
city water consumers . The action started at a regular Council meeting Feb/ 18, 2003.
when a one and only fluoridation hearing devoted its first nearly two hours to an
orchestrated pro - fluoride presentation, and only after that allowed others to testify. The
hearing lasted until almost 11 P.M. A motion by councilman Larry Williams to delay
action for a week to consider the lengthy testimony died for lack of a second. The
remaining six councilmen, now dubbed the Fluoride Six then approved fluoridation
contingent on receipt of $260,000 from Washington Services Dental Foundation. A
steamroller job.
Citizens rebelled, obtained rights of initiative and referendum, wrote two initiatives and
qualified them for the ballot. The City then disallowed a vote by requiring a court
review. We still believe this review was unjustified . We note that 4 of 9 supreme court
justices shared our view that citizens were legally entitled to this vote. Citizens lost,
however 5, to 4.
These mayors forget that actions of the Fluoride -Six and presently the Fluoride -Four are
far more intrusive than mere incivility: Economic harm affects residents who have left
town, who purchased expensive filters or bottled water. Emotional distress affects those
jealous of their rights to refuse medication, their right ,and for some a medical need, for
f less polluted water. Some have developed medical conditions of suspected relationship
to the fluoride. The city is subject to liability, not the suppliers or dental foundation.
These mayors charge that we are threatening you by a proposed change of government.
In our view we have issued a constructive warning notice that our members seek greater
accountability to citizens, and currently are circulating a petition to be voted on at a
general election. Our concerns now are not only fluoridation but fiscal accountability.
The proposed governance change will give more power to citizens and less power to the
council.
CITY COUNCIL MEETING
Port Angeles, Washington
January 5, 2016
CALL TO ORDER SPECIAL MEETING:
Deputy Mayor Downie called the special meeting of the Port Angeles City Council to order at 5:02 p.m.
Members Present: Deputy Mayor Downie, Councilmembers Gase, Kidd, Merideth and Whetham.
Councilmembers Bruch and Collins participated via conference call.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, J. Veneklasen, B. Olson, A. Fountain and H. Greenwood.
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Deputy Mayor Downie announced the need for an Executive Session, under
authority of RCW 42.30.140 (4), to discuss collective bargaining with an employee organization, including contract
negotiations and RCW 42.30.110(1)(i), to discuss potential litigation with legal counsel, for approximately 55
minutes. The Executive Session convened at 5:04 p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:51 p.m. No action was taken.
CALL TO ORDER-REGULAR MEETING:
Deputy Mayor Downie called the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL:
Members Present: Deputy Mayor Downie, Councilmembers Bruch, Collins, Gase, Kidd, Merideth and Whetham.
Councilmembers Bruch and Collins participated via conference call.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, J. Veneklasen, C. Delikat, K. Dubuc, C. Fulton, T.
Gallagher, B. Olson and N. West.
PLEDGE OF ALLEGIANCE:
Councilmember Merideth led the Pledge of Allegiance to the Flag.
CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS
1. Mayor and Deputy Mayor
Deputy Mayor Downie called for nominations for Mayor.
Councilmember Whetham nominated Councilmember Bruch for Mayor.
Councilmember Gase nominated Deputy Mayor Downie for Mayor.
Deputy Mayor Downie conducted a roll call vote for Mayor.
Councilmember Bruch for Mayor: Councilmembers Merideth, Whetham and Bruch.
Deputy Mayor Downie for Mayor: Councilmembers Gase, Downie, Collins and Kidd.
Deputy Mayor Downie was elected Mayor with the majority of Council vote.
Mayor Downie called for nominations for Deputy Mayor.
Councilmember Whetham nominated Councilmember Bruch for Deputy Mayor.
Mayor Downie nominated Councilmember Kidd for Deputy Mayor.
E - 12/02/2016
PORT ANGELES CITY COUNCIL MEETING – January 5, 2016
Page 2 of 4
Mayor Downie conducted a roll call vote for Deputy Mayor.
Councilmember Bruch for Deputy Mayor: Councilmembers Whetham, Bruch and Merideth.
Councilmember Kidd for Deputy Mayor: Councilmembers Gase, Downie, Collins and Kidd.
Councilmember Kidd was elected Deputy Mayor with the majority of Council vote.
PUBLIC COMMENT:
The following people spoke against continued water fluoridation:
Cindy Turney, 530 West Eighth Street
Eloise Kailin, Sequim
Jim Bourget, 313 Northridge View
Jane Vanderhoof, 114 West Second Street
Adrian Hoban, 1110 Grant Avenue
Marilyn Harbaraugh, 312 West Fifth Street
Diane Somerville, Gales Addition
Stephanie Noblin, 2345 East Third Avenue
Eulalia Engle, 505 West Eleventh Street
Marolee Smith, P.O. Box 2498
Mindy Mayfield, 3752 Hill Circle
Mark Johnson, Samara Drive
Ron Richards, 124 Township Line Road
Jared Dickson, 1036 Olympus Avenue
Susan L. Hinton, 318 West Eighth Street
Jesse Farmer
Benjamin Gross, 936 West Eleventh Street
Sarah Lee O’Connor, 5148 Mount Pleasant Road
Dan Bateham, 207 Wolcott Street
Rebecca Martineau, Sequim
Peter Ripley, 114 East Sixth Street
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City
Manager or Councilmember –
1. Councilmember Collins requested that a discussion of funding for the Economic Development Corporation
be put on the agenda for January 19. Council agreed by consensus to add the item.
2. Councilmember Whetham requested that fluoridation be added to this meeting’s agenda. Council agreed by
majority to discuss fluoridation at its next Council meeting, to be held on January 19.
3. City Manager Dan McKeen requested that Ediz Hook Repairs be added as Item J1.
Mayor Downie recessed the meeting for a 10 minute break at 7:40 p.m. The meeting reconvened at 7:57 p.m.
CONSENT AGENDA:
At the request of Councilmember Bruch, the Amicus Brief item was pulled from the Consent Agenda.
Councilmember Bruch noted that she is an employee of the Lower Elwha Klallam Tribe, and therefore had a conflict
of interest on this item.
Councilmember Merideth disclosed that he is a salaried Employee of Bruch & Bruch Construction, a contractor on
the Expenditure Approval List. City Attorney Bill Bloor said there was no conflict of interest in Councilmember
Merideth voting on the Expenditure List.
It was moved by Kidd and seconded by Gase to approve the Consent Agenda to include:
1. City Council Minutes: December 1, 2015 and December 15, 2015
2. Expenditure Approval List: from 12/05/2015 to 12/18/2015 for $1,423,929.42
3. Waterfront Development Phase 2B (ODT Trail West), Project TR02-2003 / Final Acceptance
4. Remedial Action Grant / Accept Grant
Motion carried 7-0.
E - 22/02/2016
PORT ANGELES CITY COUNCIL MEETING – January 5, 2016
Page 3 of 4
PULLED FROM CONSENT: Amicus Brief
It was moved by Gase and seconded by Merideth to:
Approve and authorize the city to join in an amicus brief being prepared by Georgia Pacific.
Motion carried 6-0, with Councilmember Bruch abstaining.
ORDINANCES NOT REQUIRING PUBLIC HEARINGS:
1. Cottage Overlay Zone and Minor Municipal Code Amendments
Community and Economic Development Director Nathan West noted that this was the second reading of the
proposed ordinances. The Planning Commission has provided a recommendation to Council for the implementation
of the two ordinances that increase options for small and tiny houses and make minor amendments to the Port
Angeles Municipal Code. He said there was a detailed public hearing on these items at the Planning Commission
level. He pointed out a few corrections to the ordinances. Council discussion followed.
Mayor Downie conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3548
AN ORDINANCE of the City of Port Angeles, Washington making changes to incorporate a Hearing Examiner,
reduce setbacks for accessory residential units, and make minor amendments to terminology and word usage more
consistent in Title 17, Chapters 17.01, 17.08, 17.10, 17.11, 17.12, 17.13, 17.14, 17.15, 17.17, 17.18, 17.19, 17.21,
17.22, 17.23, 17.24, 17.25, 17.31, 17.34, 17.35, 17.37, 17.44, 17.45, 17.52, 17.95, and 17.96 of the Port Angeles
Municipal Code all relating to zoning. And further modified as part of discussion.
It was moved by Gase and seconded by Whetham to:
Adopt the ordinance establishing a Cottage Housing Development Overlay Zone, as modified on G9 and G21,
making amendments to Title 17 of the Port Angeles Municipal Code.
Motion carried 7-0.
Councilmember Collins noted another change needed on page G3, where densities should be noted as “more”
instead of “less”. The motioner and seconder accepted that change.
Mayor Downie conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3549
AN ORDINANCE of the City of Port Angeles, Washington, revising Title 17 of the Port Angeles Municipal Code
by adding a new Chapter 17.16 Cottage Housing Development Overlay Zone.
It was moved by Kidd and seconded by Gase to:
Adopt the ordinance as read.
Motion carried 7-0.
FINANCE
1. Ediz Hook Repairs
Public Works and Utilities Director Craig Fulton spoke about the repairs needed at Ediz Hook, behind Nippon
Paper, due to heavy winds and high tides. He said that the City’s cost share to the Army Corps of Engineers
(USACE) is 10.9% and will be shared with Nippon. Council discussion followed.
It was moved by Gase and seconded by Kidd to:
Authorize the City Manager to provide USACE up to $45,000 to enable repair of the storm damage to the rip-rap
revetment, and to execute a cost share agreement with Nippon.
Motion carried 7-0.
E - 32/02/2016
PORT ANGELES CITY COUNCIL MEETING – January 5, 2016
Page 4 of 4
CITY COUNCIL REPORTS:
Councilmember Merideth said he was happy to attend his first meeting as a Councilmember. He also noted that
Eloise Kailin will be 97 years old on January 17.
Councilmember Kidd welcomed Councilmember Merideth. She said that the delegation from Mutsu Japan, Port
Angeles’ Sister City, will arrive on Wednesday and have a full agenda for their time in Port Angeles.
Councilmember Whetham welcomed Councilmember Merideth. He asked those interested in fluoride to continue to
come to Council meetings.
Councilmember Gase welcomed Councilmember Merideth. He said he will attend part of the festivities for the
Mutsu delegation. He will also be going to Olympia for the Governor’s presentation on Cascadia.
Councilmember Bruch welcomed Councilmember Merideth. She thanked all those engaged in the fluoride
discussion.
Councilmember Collins welcomed Councilmember Merideth.
Deputy Mayor Downie reported that he attended the PA CAN meeting. He has met with a number of local citizens
on the issue of fluoride, and welcomed the opportunity to meet with others.
INFORMATION:
City Manager Dan McKeen spoke regarding the reports included in the packet including the 2015 End of Year Work
Plan Update.
SECOND PUBLIC COMMENT:
Jess Grable, 1117 South Peabody Street, spoke against community water fluoridation and asked Council to
reconsider its decision to continue fluoridation.
Cindy Turney, 530 West Eighth Street, spoke against community water fluoridation.
ADJOURNMENT: Mayor Downie adjourned the meeting at 8:50 p.m.
_____________________________________ _______________________________
Patrick Downie, Mayor Jennifer Veneklasen, City Clerk
E - 42/02/2016
CITY COUNCIL MEETING
Port Angeles, Washington
January 19, 2016
CALL TO ORDER SPECIAL MEETING:
At 4:30 Council gathered for a group photo.
Mayor Downie called the special meeting of the Port Angeles City Council to order at 4:45 p.m.
Members Present: Mayor Downie, Deputy Mayor Kidd, Councilmembers Bruch, Collins, Gase, Merideth and
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, Clerk Veneklasen, C. Fulton, H. Greenwood and A. Fountain.
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Deputy Mayor Downie announced the need for an Executive Session, under
the authority of of RCW 42.30.110 (1)(f) to receive complaints brought against an employee, and RCW
42.30.110(1)(i), to discuss potential litigation with legal counsel, for approximately 60 minutes. The Executive
Session convened at 4:46 p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:45 p.m. No action was taken.
CALL TO ORDER-REGULAR MEETING:
Mayor Downie called the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL:
Members Present: Mayor Downie, Deputy Mayor Kidd, Councilmembers Bruch, Collins, Gase, Merideth and
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, J. Veneklasen, C. Delikat, K. Dubuc, C. Fulton, T.
Gallagher, B. Olson, N. West and A. Fountain.
PLEDGE OF ALLEGIANCE:
Mayor Downie led the Pledge of Allegiance to the Flag.
PUBLIC COMMENT:
The following people spoke against community water fluoridation:
Janet Kailin, 2902 South Regence Street
Jeff McFarland, 4101 Tumwater Truck Route
Ron Richards, 124 Township Line Road
Darlene Schanfald, 901 Medsker Road, Sequim
Brian Blais, 171 Lemon Road
Richard Seaman, 816 West Fourteenth Street
Jim Bourget, 313 Northridge View
Crystal Tack, 344 House Road, Sequim
Eloise Kailin, Sequim
Harvey Kailin, Sequim
Cindy Turney, 530 West Eighth Street
Bill Osmunson, Neah Bay
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PORT ANGELES CITY COUNCIL MEETING – January 19, 2016
Page 2 of 4
Peter Perron, Craig Avenue
Melvina Worman, 224 Hawthorne Place. She also asked for repaving and yield signs on Port Angeles streets.
Sarah Lee O’Connor, 5148 Mount Pleasant Road
Deborah Hutsell, 3507 South McDougal Street
Mike Libera, 316 Power Plant Road
Michael Sutton, 3322 Upland Lane
Michele Scouten, 418 East Twelfth Street
Dan Bateham, 207 Wolcott Street
Joleen Christopher, 119 East Second Street
Marilyn Harbaugh, 312 West Fifth Street
Mark Johnson, 2303 Samara Drive
Robert Flood, 1438 View Vista Park
Susan Hinton, 318 West Eighth Street
Eulalia Engle, 505 West Eleventh Street
Colin Donovan, 505 West Eleventh Street
Rebecca Martineau, River Road, Sequim
The following people spoke in favor of community water fluoridation:
Bill Marsh, 204 Columbus Avenue
Chris Frank, 320 West Ninth Street
Todd Irwin, 5010 South Mountain Terrace
Greg Royak, 1111 Columbia Street
Scott Kennedy, 136 Old Black Diamond Road
Tom Locke, 267 Pike Place, Sequim
Diane Oaks, Mercer Island
Ellen Fetchiet, 204 Columbus Avenue
Dick Pilling, 72 Mount Pleasant Heights
Marie Wiggins, 702 Caroline Street
Susan Gile, 32 Wynn Lane
Mark Fischer, Port Angeles
Laura O’Neal, Mount Angeles Road
Ed Bowen spoke regarding the County’s Trust Lands Advisory Committee. He said that the City of Port Angeles has
a role to play on that committee and asked that Council participate.
Jess Grable, 1117 South Peabody Street, said citizens demand transparency in all matters including Council
appointments to committees, boards and commissions.
Nancy Hensen, homeless, said the City Council should do something to help the homeless. She asked for a shelter in
Port Angeles with easy access to social services.
Marolee Smith, P.O. Box 2498, spoke about a need for more transparency and accountability in local government.
Marilyn Harbaugh, 312 West Fifth Street, spoke about $45,000 paid to the Army Core of Engineers for Ediz Hook
repairs. She asked the City to develop a plan rather than just respond to emergency situations.
Muazzez Eren, 110 East Thirteenth Street, spoke to Council about her positive experience with the Community &
Economic Development Department, saying that Director Nathan West represents the highest standards of public
service.
Jim Creelmen, 1101 East Second Street, said that he has a problem with the structure of City government.
Doron Metlar, 622 West Eleventh Street, spoke about the need for a homeless shelter in Port Angeles.
Mayor Downie recessed the meeting for a break at 8:52 p.m. The meeting reconvened at 9:04 p.m.
E - 62/02/2016
PORT ANGELES CITY COUNCIL MEETING – January 19, 2016
Page 3 of 4
OTHER CONSIDERATIONS:
1. Fluoridation / Options and Discussion
City Manager Dan McKeen opened the discussion on fluoridation. He said the memo included in Council’s packet
was notable in that all senior staff signed on and provided an option for Council to consider.
Council discussion followed.
It was moved by Bruch and seconded by Whetham to:
Stop fluoridation of the municipal water supply after May 18, 2016, and replace it with an Oral Health Care
Initiative ad hoc committee.
Motion failed 3-4, with Councilmembers Bruch, Whetham and Merideth in favor.
Mayor Downie recessed the meeting for a break at 10:15 p.m. The meeting reconvened at 10:30 p.m.
It was moved by Kidd and seconded by Bruch to:
Extend the meeting past 10 p.m.
Motion passed 7-0
It was moved by Bruch and seconded by Collins to:
Form an ad hoc committee to discuss options for fluoride.
Motion passed, 6-1 with Kidd opposed.
CONSENT AGENDA:
Councilmember Merideth disclosed that he is an employee of Bruch and Bruch Construction, but that he had
nothing personally to gain from approval of items on the consent agenda . Council discussion followed.
It was moved by Gase and seconded by Kidd to approve the Consent Agenda to include:
1. Expenditure Approval List: From 12/19/15 to 1/8/16 in the amount of $3,990,655.38
2. 2016 United Way Contract for Health & Human Services Funding
3. Composite Recycling Technology Center (CRTC) Board of Directors / Recommendation
4. Agreement with Systems Design West, LLC
5. Georgiana St. Sewer and Stormwater Improvements, Project No. WW1415 & DR0315 / Final Acceptance
6. North Olympic Library System / Building Transfer
Motion carried 7-0.
OTHER CONSIDERATIONS CONTINUED:
2. Economic Development Corporation Funding
Community and Economic Development Director Nathan West said that on January 5, 2015, City Council requested
that staff provide information regarding partnering with the Clallam County Economic Development Corporation in
2016. He asked that Council discuss EDC participation and provide staff with direction on a preferred option. He
noted that based on Council’s Priority Setting process, funding for EDC was not incorporated in the 2016 budget,
therefore restoration of funding would require a supermajority of Council approval to be restored. Council
discussion followed.
It was moved by Collins and seconded by Gase to:
Go with Option 2 provided by staff (direct staff to amend the 2016 budget authorizing a smaller EDC contribution
with an additional commitment delivered upon confirmation of new jobs created or based on a specific business
expansion/relocation), with the base amount of $7,500.
Motion failed to get supermajority. Vote 4-3, with Councilmembers Bruch, Whetham and Merideth opposed.
3. Council Committee, Board and Commission Assignments
Mayor Downie said that based on councilmember requests to serve on certain committees, he worked with staff to
draft the Committee, Board and Commission assignments list. He asked Council to review the draft and make
comments or changes. In addition, Mayor Downie said the City had been invited by the County to participate on the
new Trust Lands Advisory Committee. Council discussion followed.
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PORT ANGELES CITY COUNCIL MEETING – January 19, 2016
Page 4 of 4
Mayor Downie polled Council, asking if they would like to have a designee on the Trust Lands Advisory
Committee. Council agreed by consensus to appoint a designee. Councilmember Merideth requested to be the City’s
designee. Councilmember Bruch agreed to serve as alternate.
Councilmember Gase withdrew from the Utility Advisory Committee (UAC). Deputy Mayor Kidd accepted the
UAC appointment.
The Council’s Committee, Board and Commission assignments were approved unanimously, with modifications.
Council agreed by consensus to direct staff to update the Rules of Procedure dealing with committee assignments
CITY COUNCIL REPORTS:
Deputy Mayor Kidd asked Council to have staff send a thank you letter to the Polar Pioneer for its contributions to
the Port Angeles Food Bank. Council agreed by consensus.
Councilmember Gase said he met with a group that has been volunteering to do clean ups around the community.
He said he was overwhelmed by their commitment to help the community in such a positive way. He attended some
of the events for the Mutsu City Japan delegation and then went to Olympia to Governor’s Cascadia Fault
Presentation. Councilmember Gase asked that Council look at the issue of EDC funding again at its next Council
meeting. Council agreed by consensus to do so.
Mayor Downie attended events for Mutsu City delegation. He also met with several citizens about fluoridation.
No other reports were given.
INFORMATION:
Manager McKeen spoke regarding the reports included in the packet.
Public Works and Utilities Director Craig Fulton updated Council on the Ediz Hook rip rap repair. He said
contractors hired by the U.S. Army Corps of Engineers (USACE) to repair the damaged rip-rap revetment, and that
$45,000 has been received as a reimbursable payment from Nippon Paper Industries and transferred to the USACE.
The City incurred no costs for the repair.
SECOND PUBLIC COMMENT:
Tammy Ratliff, 50 Benson Road, said she loves Port Angeles and is saddened by the lack of confidence that citizens
have in their government. She urged the community to work together.
Marolee Smith, P.O. Box 2498, said democracy is messy.
Dan Bateham, 207 Wolcott Street, said the democratic process has been denied.
EXECUTIVE SESSION: It was determined there was no need for an executive session.
ADJOURNMENT: Mayor Downie adjourned the meeting at 11:54 p.m.
_____________________________________ _______________________________
Patrick Downie, Mayor Jennifer Veneklasen, City Clerk
E - 82/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 1
Vendor Description Account NumberInvoice Amount
CLALLAM CNTY TREASURER CVCA TO CLALLAM CO TREASU 001-0000-229.40-00 160.09
LEGAL FILES SOFTWARE, INC LEGAL FILES MAIN.&SUPP.001-0000-237.00-00 -126.00
LEXIPOL LLC PUBLICATION/AUDIOVISUAL 001-0000-237.00-00 -239.40
PUBLICATION/AUDIOVISUAL 001-0000-237.00-00 -226.80
MATTHEWS INTERNATIONAL Plaque 001-0000-237.00-00 -5.84
SIRCHIE FINGERPRINT LAB POLICE EQUIPMENT & SUPPLY 001-0000-237.00-00 -11.89
WASHINGTON (DOL), STATE OF State Share CPLS-Dec 001-0000-229.60-00 930.00
WASHINGTON STATE TREASURER Building Surcharges 001-0000-229.10-00 99.00
Dist Ct Rev to State 001-0000-229.30-00 6,413.96
Seizure/Forfeiture Fees 001-0000-229.70-00 871.40
CONSOLIDATED TECH SERVICES Scan Chgs 001-1210-513.42-10 3.09
PORT ANGELES CITY TREASURER Working Lunch - N. West 001-1210-513.31-01 24.12
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-1210-513.42-10 63.32
CONSOLIDATED TECH SERVICES Scan Chgs 001-1220-516.42-10 11.03
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-1220-516.42-10 55.09
ADVANCED TRAVEL WAPRO Conf. - Porlier 001-1230-514.43-10 155.45
CONSOLIDATED TECH SERVICES Scan Chgs 001-1230-514.42-10 0.18
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-1230-514.42-10 55.09
ADVANCED TRAVEL SunGard Conf. - Olson 001-2010-514.43-10 245.01
CONSOLIDATED TECH SERVICES Scan Chgs 001-2010-514.42-10 10.69
PACIFICA LAW GROUP, LLP Tax Levy Advice 001-2010-514.41-50 1,653.00
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-2010-514.42-10 55.08
CONSOLIDATED TECH SERVICES Scan Chgs 001-2023-514.42-10 3.88
OLYMPIC STATIONERS INC SUPPLIES 001-2023-514.31-01 154.75
SUPPLIES 001-2023-514.31-01 26.20
SUPPLIES 001-2023-514.31-01 -42.05
CAPTAIN T'S RENTAL/LEASE EQUIPMENT 001-2025-514.31-11 722.46
RENTAL/LEASE EQUIPMENT 001-2025-514.31-11 20.80
CONSOLIDATED TECH SERVICES Scan Chgs 001-2025-514.42-10 2.82
DATABAR INCORPORATED Cycles 1-5 001-2025-514.41-50 2,188.34
Cycles 6-10 001-2025-514.41-50 2,127.81
Cycles 16-20 001-2025-514.41-50 1,777.91
Cycles 11-15 001-2025-514.41-50 2,169.17
LEXISNEXIS Person searches 001-2025-514.41-50 54.10
Division Total: $7,864.52
Department Total:$7,864.52
City Manager City Manager Division Total: $90.53
City Manager Human Resources Division Total: $66.12
City Manager City Clerk Division Total: $210.72
City Manager Department Total:$367.37
Finance Finance Administration Division Total: $1,963.78
Finance Accounting Division Total: $142.78
E - 92/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 2
Vendor Description Account NumberInvoice Amount
OLYMPIC STATIONERS INC SUPPLIES 001-2025-514.31-01 63.22
PORT ANGELES CITY TREASURER Wall File - T. Owen 001-2025-514.31-01 6.37
VERIZON WIRELESS 12-22 A/C 571136182-00001 001-2025-514.42-10 22.85
CONSOLIDATED TECH SERVICES Scan Chgs 001-3010-515.42-10 2.82
LEGAL FILES SOFTWARE, INC LEGAL FILES MAIN.&SUPP.001-3010-515.48-02 1,626.00
THOMSON REUTERS-WEST Westlaw Charges 001-3010-515.31-01 390.55
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-3010-515.42-10 165.28
WASHINGTON STATE BAR ASSN WSBA DUES.BILL AND HEIDI 001-3010-515.49-01 817.20
FRIENDSHIP DIVERSION SERVICES December Home Monitoring 001-3012-598.51-23 669.59
CLALLAM CNTY DIST 1 COURT December Court Costs 001-3021-515.50-90 9,295.00
CONSOLIDATED TECH SERVICES Scan Chgs 001-3021-515.42-10 2.91
PAYNE LAW FIRM, PS, INC Indigent Defense 001-3021-515.41-50 3,045.00
THOMSON REUTERS-WEST Westlaw Charges 001-3021-515.31-01 390.56
Pamphlet 001-3021-515.31-01 145.26
CONSOLIDATED TECH SERVICES Scan Chgs 001-4010-558.42-10 31.15
EXPRESS PERSONNEL SERVICES Planning Technician 001-4010-558.41-50 495.40
Planning Technician 001-4010-558.41-50 446.56
Planning Technician 001-4010-558.41-50 209.33
PORT ANGELES CITY TREASURER chamber of commerce mtg -001-4010-558.31-01 15.00
North Pen Builders Assoc 001-4010-558.31-01 17.00
PROTHMAN CONSULTING SERVICES 001-4010-558.41-50 4,166.67
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-4010-558.42-10 55.09
CONSOLIDATED TECH SERVICES Scan Chgs 001-4020-524.42-10 1.06
NCW CHAPTER OF ICC BUILDING OFFICIALS COURSE 001-4020-524.43-10 450.00
OLYMPIC STATIONERS INC Batteries 001-4020-524.31-01 11.86
SUPPLIES 001-4020-524.31-01 50.94
VERIZON WIRELESS 12-22 A/C 571136182-00001 001-4020-524.42-10 39.24
ZENOVIC & ASSOCIATES Plan Reviews 001-4020-524.41-50 240.00
CONSOLIDATED TECH SERVICES Scan Chgs 001-4030-559.42-10 2.74
CLALLAM CNTY ECONOMIC DEV CNCL 4th Quarter 001-4071-558.41-50 3,750.00
RADIO PACIFIC INC (KONP)Advertising 001-4071-558.41-50 837.00
Advertising 001-4071-558.41-50 930.00
SOUND PUBLISHING INC Advertising 001-4071-558.41-50 531.00
Finance Customer Service Division Total: $9,155.85
Finance Department Total:$11,262.41
Attorney Attorney Office Division Total: $3,001.85
Attorney Jail Contributions Division Total: $669.59
Attorney Prosecution Division Total: $12,878.73
Attorney Department Total:$16,550.17
Community Development Planning Division Total: $5,436.20
Community Development Building Division Total: $793.10
Community Development Code Compliance Division Total: $2.74
Community Development Economic Development Division Total: $6,048.00
E - 102/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 3
Vendor Description Account NumberInvoice Amount
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-5010-521.42-12 66.95
CENTURYLINK-QWEST 12-23 A/C 206T031979835B 001-5010-521.42-10 64.69
12-23 A/C 206T411918873B 001-5010-521.42-10 57.46
CONSOLIDATED TECH SERVICES Scan Chgs 001-5010-521.42-10 64.05
LEXIPOL LLC PUBLICATION/AUDIOVISUAL 001-5010-521.49-01 3,089.40
SOUND PUBLISHING INC RENEW SUBSCRIPTION 001-5010-521.31-01 135.20
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-5010-521.42-10 230.56
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-5021-521.42-12 202.03
CONSOLIDATED TECH SERVICES Scan Chgs 001-5021-521.42-10 0.26
LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 30.39
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-5021-521.42-10 530.59
CONSOLIDATED TECH SERVICES Scan Chgs 001-5022-521.42-10 7.06
GALLS CLOTHING & APPAREL 001-5022-521.20-80 87.73
CLOTHING & APPAREL 001-5022-521.31-11 142.30
LEXIPOL LLC PUBLICATION/AUDIOVISUAL 001-5022-521.49-01 2,926.80
LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 49.66
LYNN PEAVEY COMPANY POLICE EQUIPMENT & SUPPLY 001-5022-521.31-01 114.36
PORT ANGELES POLICE DEPARTMENT Bridge Tolls 001-5022-521.43-10 38.25
SIRCHIE FINGERPRINT LAB POLICE EQUIPMENT & SUPPLY 001-5022-521.31-01 153.41
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-5022-521.42-10 2,399.24
BRUCE O'ROURKE Volunteer Uniform 001-5026-521.31-11 179.88
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-5026-521.42-10 107.72
CONSOLIDATED TECH SERVICES Scan Chgs 001-5029-521.42-10 11.56
QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 14.62
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-6010-522.42-12 334.80
CENTURYLINK-QWEST 12-23 a/c 206T300675463B 001-6010-522.42-10 90.16
CONSOLIDATED TECH SERVICES Scan Chgs 001-6010-522.42-10 3.26
Scan Chgs 001-6010-522.42-11 3.44
OLYMPIC STATIONERS INC PRINTING EQUIP & SUPPLIES 001-6010-522.31-01 24.93
FORMS, CONT. COMPUTER 001-6010-522.31-01 19.14
PACIFIC OFFICE EQUIPMENT INC PAPER (OFFICE,PRINT SHOP)001-6010-522.31-01 113.82
OFFICE SUPPLY,INKS,LEADS 001-6010-522.31-01 111.96
PORT ANGELES CITY TREASURER Family Shirts - K. Debuc 001-6010-522.20-80 9.71
UNITED PARCEL SERVICE Shipping Chgs 001-6010-522.42-10 5.95
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-6010-522.42-10 55.09
Community Development Department Total:$12,280.04
Police Police Administration Division Total: $3,708.31
Police Investigation Division Total: $763.27
Police Patrol Division Total: $5,918.81
Police Reserves & Volunteers Division Total: $287.60
Police Records Division Total: $26.18
Police Department Total:$10,704.17
E - 112/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 4
Vendor Description Account NumberInvoice Amount
ANGELES MILLWORK & LUMBER CO Mailbox repair 001-6020-522.31-01 3.23
CLALLAM CNTY FIRE DISTRICT 3 Pump Test 001-6020-522.41-50 250.00
Pump Test 001-6020-522.41-50 250.00
Pump Test 001-6020-522.41-50 325.00
CURTIS & SONS INC, L N ELECTRICAL EQUIP & SUPPLY 001-6020-522.31-01 382.65
GALLS Belt 001-6020-522.20-80 24.88
PETE SEKAC Uniform Supplies 001-6020-522.20-80 44.74
SEAWESTERN INC CLOTHING & APPAREL 001-6020-522.31-11 176.53
CLOTHING & APPAREL 001-6020-522.35-01 264.93
CLOTHING & APPAREL 001-6020-522.35-01 174.51
VERIZON WIRELESS 12-15 a/c 442043914-00001 001-6020-522.42-10 76.55
JIM'S PHARMACY INC Flu Shot 001-6021-522.41-50 30.00
NORTHWEST SAFETY CLEAN Nameplates 001-6021-522.31-11 41.93
CONSOLIDATED TECH SERVICES Scan Chgs 001-6040-522.42-10 0.35
GALLS Uniform Supplies 001-6040-522.20-80 68.79
VERIZON WIRELESS 12-15 a/c 442043914-00001 001-6040-522.42-10 56.23
KNIGHT FIRE PROTECTION INC Annual Inspection 001-6050-522.48-10 271.00
MRS CLEAN Cleaning 001-6050-522.41-50 425.00
OLYMPIC PARTY & CUSTODIAL SUPPLIESLAUNDRY& DRY CLEAN COMPOD 001-6050-522.31-01 21.28
AUTO & TRUCK MAINT. ITEMS 001-6050-522.31-01 22.94
JANITORIAL SUPPLIES 001-6050-522.31-01 48.62
SWAIN'S GENERAL STORE INC Supplies 001-6050-522.31-01 11.21
GLOBALSTAR USA 12-16 a/c 1.50018853 001-6060-525.42-10 53.10
AMERICAN PUBLIC WORKS ASSN 2016 MEMBERSHIP RENEWAL 001-7010-532.49-01 1,050.00
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-7010-532.42-12 108.40
CONSOLIDATED TECH SERVICES Scan Chgs 001-7010-532.42-10 43.42
VERIZON WIRELESS 12-15 A/C 671402094-00001 001-7010-532.42-10 189.93
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-7032-532.41-50 2,365.26
DATA PROC SERV &SOFTWARE 001-7032-532.42-12 5,282.05
PUD #1 OF CLALLAM COUNTY Power Supply 1 001-7032-532.47-10 45.12
ASCAP MISC PROFESSIONAL SERVICE 001-8010-574.41-50 336.00
ASM SIGNS Install Banners 001-8010-574.41-50 747.96
BROADCAST MUSIC, INC MISC PROFESSIONAL SERVICE 001-8010-574.41-50 336.00
Fire Fire Administration Division Total: $772.26
Fire Fire Suppression Division Total: $1,973.02
Fire Fire Volunteers Division Total: $71.93
Fire Fire Training Division Total: $125.37
Fire Facilities Maintenance Division Total: $800.05
Fire Emergency Management Division Total: $53.10
Fire Department Total:$3,795.73
Public Works & Utilities Public Works Admin.Division Total: $1,391.75
Public Works & Utilities Telecommunications Division Total: $7,692.43
Public Works & Utilities Department Total:$9,084.18
E - 122/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 5
Vendor Description Account NumberInvoice Amount
CONSOLIDATED TECH SERVICES Scan Chgs 001-8010-574.42-10 3.44
SESAC, INC MISC PROFESSIONAL SERVICE 001-8010-574.41-50 378.00
VERIZON WIRELESS 12-22 A/C 571136182-00001 001-8010-574.42-10 10.45
12-15 A/C 671402094-00001 001-8010-574.42-10 55.09
CENTURYLINK-QWEST 12-20 a/c 206T217227465B 001-8012-555.42-10 57.46
CONSOLIDATED TECH SERVICES Scan Chgs 001-8012-555.42-10 1.85
ANGELES MILLWORK & LUMBER CO ROAD/HWY MAT NONASPHALTIC 001-8050-536.31-20 35.25
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-8050-536.42-12 202.03
CONSOLIDATED TECH SERVICES Scan Chgs 001-8050-536.42-10 2.91
DEX MEDIA WEST, INC A/C #100375834 001-8050-536.44-10 45.97
OLYMPIC STATIONERS INC SUPPLIES 001-8050-536.31-01 190.22
QUIRING MONUMENTS INC Niche Inscription 001-8050-536.34-01 105.00
Niche Inscription 001-8050-536.34-01 105.00
SOUND PUBLISHING INC Advertisements 001-8050-536.44-10 230.64
VERIZON WIRELESS 12-22 A/C 571136182-00001 001-8050-536.42-10 7.30
12-15 A/C 671402094-00001 001-8050-536.42-10 110.18
ANGELES MILLWORK & LUMBER CO Paint/Supplies 001-8080-576.31-20 1.73
PIPE FITTINGS 001-8080-576.31-20 53.79
EQUIPMENT MAINTENANCE 001-8080-576.48-10 100.38
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 001-8080-576.42-12 305.92
COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 001-8080-576.43-10 219.50
MATTHEWS INTERNATIONAL Plaque 001-8080-576.31-01 75.33
SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 14.06
HAND TOOLS ,POW&NON POWER 001-8080-576.35-01 86.59
THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 21.97
VERIZON WIRELESS 12-22 A/C 571136182-00001 001-8080-576.42-10 68.32
12-15 A/C 671402094-00001 001-8080-576.42-10 160.56
HARTNAGEL BUILDING SUPPLY INC Paint/Supplies 001-8112-555.31-20 19.72
THURMAN SUPPLY Pipe Cap 001-8112-555.31-20 7.87
ANGELES MILLWORK & LUMBER CO Supplies 001-8131-518.31-20 20.01
CENTURYLINK-QWEST 12-16 a/c 206T355724768B 001-8131-518.42-10 57.46
OTIS ELEVATOR COMPANY INC BUILDING MAINT&REPAIR SER 001-8131-518.48-10 5,003.27
SUPPLYWORKS JANITORIAL SUPPLIES 001-8131-518.31-01 258.90
JANITORIAL SUPPLIES 001-8131-518.48-10 476.08
SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 162.52
Garden Sprayer 001-8131-518.31-20 24.90
Parks & Recreation Parks Administration Division Total: $1,866.94
Parks & Recreation Senior Center Division Total: $59.31
Parks & Recreation Ocean View Cemetery Division Total: $1,034.50
Parks & Recreation Parks Facilities Division Total: $1,108.15
Parks & Recreation Department Total:$4,068.90
Facilities Maintenance Senior Center Facilities Division Total: $27.59
E - 132/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 6
Vendor Description Account NumberInvoice Amount
SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 19.20
AT&T MOBILITY 12-22 a/c 994753890 001-8221-574.42-10 12.28
CAPTAIN T'S T-Shirts 001-8221-574.31-01 932.78
CONSOLIDATED TECH SERVICES Scan Chgs 001-8221-574.42-10 0.97
CONSOLIDATED TECH SERVICES Scan Chgs 001-8224-574.42-10 0.97
SOUND PUBLISHING INC Advertisements 001-8224-574.44-10 245.50
DUNGENESS CRAB & SEAFOOD FESTIVALLodging Tax Grant 101-1430-557.41-50 9,546.75
PORT ANGELES CHAMBER OF COMM Marketing Contract/V Cntr 101-1430-557.41-50 7,582.50
AIRPORT GARDEN CENTER FEED,BEDDING,VIT-ANIMALS 102-7230-542.31-20 48.66
BAXTER AUTO PARTS #15 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 9.55
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 102-7230-542.42-12 117.17
CLINICARE OF PORT ANGELES INC Employment Physical 102-7230-542.49-90 147.00
CONSOLIDATED TECH SERVICES Scan Chgs 102-7230-542.42-10 2.29
FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 102-7230-542.31-01 94.46
JANITORIAL SUPPLIES 102-7230-542.31-01 69.03
JANITORIAL SUPPLIES 102-7230-542.31-25 32.51
L & L TOOL SPECIALTIES HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 116.75
ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 102-7230-542.41-50 389.47
PUD #1 OF CLALLAM COUNTY SR 101 & Euclid 102-7230-542.47-10 18.59
Lauridsen & L St 102-7230-542.47-10 16.00
SUNSET DO-IT BEST HARDWARE HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 9.53
SWAIN'S GENERAL STORE INC CLEANING COMPOSITION/SOLV 102-7230-542.31-01 43.84
SHOES AND BOOTS 102-7230-542.31-01 150.00
JANITORIAL SUPPLIES 102-7230-542.31-25 34.38
HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 12.94
VERIZON WIRELESS 12-22 A/C 571136182-00001 102-7230-542.42-10 53.61
12-15 A/C 671402094-00001 102-7230-542.42-10 55.09
PORT ANGELES POLICE DEPARTMENT KVM Cable 107-0000-237.00-00 -3.04
Facilities Maintenance Central Svcs Facilities Division Total: $6,022.34
Facilities Maintenance Department Total:$6,049.93
Recreation Activities Sports Programs Division Total: $946.03
Recreation Activities Youth / Family Programs Division Total: $246.47
Recreation Activities Department Total:$1,192.50
General Fund Fund Total:$83,219.92
Lodging Excise Tax Lodging Excise Tax Division Total: $17,129.25
Lodging Excise Tax Department Total:$17,129.25
Lodging Excise Tax Fund Fund Total:$17,129.25
Public Works-Street Street Division Total: $1,420.87
Public Works-Street Department Total:$1,420.87
Street Fund Fund Total:$1,420.87
Division Total: -$3.04
E - 142/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 7
Vendor Description Account NumberInvoice Amount
ADVANCED TRAVEL EMD Class-Jensen 107-5160-528.43-11 321.20
BUSINESS TELECOM PRODUCTS, INC RADIO & TELECOMMUNICATION 107-5160-528.31-14 426.02
CAPTAIN T'S CLOTHING & APPAREL 107-5160-528.20-80 244.29
CENTURYLINK 01-06 A/C 300539444 107-5160-528.42-11 102.62
01-06 A/C 300509854 107-5160-528.42-11 114.87
01-06 A/C 406063845 107-5160-528.42-11 159.92
CONSOLIDATED TECH SERVICES Scan Chgs 107-5160-528.42-10 55.33
EMERGENCY REPORTING MANAGEMENT SERVICES 107-5160-528.48-10 16,758.64
KING CNTY EMERGENCY MEDICAL SVCS SECURITY,FIRE,SAFETY SERV 107-5160-528.43-10 660.00
LANGUAGE LINE SERVICES Interpretation Services 107-5160-528.42-11 16.05
LINCOLN STREET STATION EXTERNAL LABOR 107-5160-528.42-10 6.90
EXTERNAL LABOR 107-5160-528.42-10 6.90
PORT ANGELES POLICE DEPARTMENT KVM Cable 107-5160-528.31-60 39.16
VERIZON WIRELESS 12-15 A/C 671402094-00001 107-5160-528.42-10 165.27
WCIA (WA CITIES INS AUTHORITY)MANAGEMENT SERVICES 107-5160-528.46-10 16,802.00
PRIMO CONSTRUCTION INC Release Retainage 310-0000-223.40-00 13,999.36
CENTURYLINK-QWEST 12-23 a/c 206T300675463B 310-5950-594.65-10 975.57
DEPT OF THE ARMY CORPS OF ENGINEERSROADSIDE,GRNDS,REC, PARK 310-7919-594.65-10 45,000.00
STUDIO CASCADE, INC Planning Support Services 310-7961-595.65-10 1,943.08
LINDBERG & SMITH ARCHITECTS INC BUILDING MAINT&REPAIR SER 310-8985-594.65-10 1,642.90
ANIXTER, INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 3,311.38
ACE MICHAELS INC FINAL REFUND-1111 DUNKER 401-0000-122.10-99 24.14
BORDEN, ERMA D FINAL BILL REFUND 401-0000-122.10-99 135.85
BOSTON, JOANNA L FINAL BILL REFUND 401-0000-122.10-99 25.94
CONSTANTIN, CRISTIAN FINAL BILL REFUND 401-0000-122.10-99 48.70
GIBBS, EVELINA ANNA FINAL BILL REFUND 401-0000-122.10-99 112.24
HARVEY, DANIEL R FINAL BILL REFUND 401-0000-122.10-99 77.06
Department Total:-$3.04
Pencom Pencom Division Total: $35,879.17
Pencom Department Total:$35,879.17
Pencom Fund Fund Total:$35,876.13
Division Total: $13,999.36
Department Total:$13,999.36
Public Safety Projects Homeland Security Division Total: $975.57
Public Safety Projects Department Total:$975.57
Capital Projects-Pub Wks GF-Pub Wks Projects Division Total: $45,000.00
Capital Projects-Pub Wks ST-Sidewalk Improvement Division Total: $1,943.08
Capital Projects-Pub Wks Department Total:$46,943.08
Capital Proj-Parks & Rec Misc Parks Projects Division Total: $1,642.90
Capital Proj-Parks & Rec Department Total:$1,642.90
Capital Improvement Fund Total:$63,560.91
E - 152/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 8
Vendor Description Account NumberInvoice Amount
HEWITT, JULIE A FINAL BILL REFUND 401-0000-122.10-99 60.41
JEWART, KARIE L FINAL BILL REFUND 401-0000-122.10-99 23.28
LABIUK, DENNIS W FINAL BILL REFUND 401-0000-122.10-99 179.66
LEW, TERENCE FINAL BILL REFUND 401-0000-122.10-99 44.38
MICHEL'S POWER OVERPAYMENT-3620 AVIATION 401-0000-122.10-99 16.41
PEARSON, KYLEE M FINAL BILL REFUND 401-0000-122.10-99 75.83
PICHITINO, LISA MARIE FINAL BILL REFUND 401-0000-122.10-99 23.24
PRO MANAGEMENT LLC FINAL REFUND-2040 W 14TH 401-0000-122.10-99 83.68
VINCENT, DARREL M FINAL REFUND-519 W 5TH ST 401-0000-122.10-99 301.30
WALDRON, SCOTT H FINAL BILL REFUND 401-0000-122.10-99 87.56
WALLACE, MICHAEL D FINAL BILL REFUND 401-0000-122.10-99 18.71
NEW PIG CORPORATION JANITORIAL SUPPLIES 401-0000-237.00-00 -51.16
JANITORIAL SUPPLIES 401-0000-237.00-00 -122.51
WESCO DISTRIBUTION INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 357.39
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 401-7111-533.42-12 100.44
CONSOLIDATED TECH SERVICES Scan Chgs 401-7111-533.42-10 1.06
VERIZON WIRELESS 12-22 A/C 571136182-00001 401-7111-533.42-10 39.63
ADVANCED TRAVEL WPAG-Lusk 401-7120-533.43-10 106.60
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 401-7120-533.42-12 100.44
CONSOLIDATED TECH SERVICES Scan Chgs 401-7120-533.42-10 3.53
NORTHWEST PUBLIC POWER ASSN MEMBERSHIPS 401-7120-533.49-01 21,309.57
ADVANCED TRAVEL Crane Qualification - Bel 401-7180-533.43-10 386.92
ALDERGROVE CONSTRUCTION INC Landscape Services 401-7180-533.48-10 1,981.56
ANIXTER, INC Parts 401-7180-533.34-02 231.98
Parts 401-7180-533.34-02 336.04
Parts 401-7180-533.34-02 73.71
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 401-7180-533.42-12 2,385.35
CAPTAIN T'S FIRE PROTECTION EQUIP/SUP 401-7180-533.48-10 41.28
CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 342.20
ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 67.86
ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 6.61
CENTURYLINK-QWEST 01-02 a/c 206Z020411942B 401-7180-533.42-10 96.51
CONSOLIDATED TECH SERVICES Scan Chgs 401-7180-533.42-10 18.00
GRAINGER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 85.51
NEW PIG CORPORATION JANITORIAL SUPPLIES 401-7180-533.31-01 660.16
JANITORIAL SUPPLIES 401-7180-533.31-01 1,580.88
OLYMPIC LAUNDRY & DRY CLEANERS Mat exchange 401-7180-533.41-50 86.60
LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 88.60
Division Total: $4,833.49
Department Total:$4,833.49
Public Works-Electric Engineering-Electric Division Total: $141.13
Public Works-Electric Power Systems Division Total: $21,520.14
E - 162/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 9
Vendor Description Account NumberInvoice Amount
OLYMPIC LAUNDRY & DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 88.60
PACIFIC OFFICE EQUIPMENT INC Toner 401-7180-533.31-01 49.96
PEN PRINT INC Paperwork 401-7180-533.48-10 194.04
Plans 401-7180-533.48-10 53.95
PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 46.54
ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 17.52
PUD #1 OF CLALLAM COUNTY Glass Rd 401-7180-533.47-10 174.45
SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 650.00
SUNSET DO-IT BEST HARDWARE ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 86.81
FASTENERS, FASTENING DEVS 401-7180-533.34-02 1.11
Bit set 401-7180-533.35-01 55.59
ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 15.60
SWAIN'S GENERAL STORE INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 73.01
UTILITIES UNDERGROUND LOC CTR Underground Locates 401-7180-533.49-90 22.33
VERIZON WIRELESS 12-22 A/C 571136182-00001 401-7180-533.42-10 114.65
12-15 A/C 671402094-00001 401-7180-533.42-10 112.34
WESCO DISTRIBUTION INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 135.23
H.B. JAEGER COMPANY, LLC PIPE FITTINGS 402-0000-141.40-00 4,259.17
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 402-7380-534.42-12 1,040.90
CENTURYLINK-QWEST 12-23 a/c 206T411255315B 402-7380-534.42-10 64.57
CLALLAM CNTY DEPT OF HEALTH Bacteria Test/Marine Dr 402-7380-534.41-50 23.00
CONSOLIDATED TECH SERVICES Scan Chgs 402-7380-534.42-10 0.44
EVERGREEN RURAL WATER OF WA MEMBERSHIPS 402-7380-534.49-01 700.00
GRANTS PASS WATER LABORATORY, INCTESTING&CALIBRATION SERVI 402-7380-534.41-50 450.00
TESTING&CALIBRATION SERVI 402-7380-534.41-50 350.00
GREEN RIVER COMMUNITY COLLEGE EDUCATIONAL SERVICES 402-7380-534.43-10 210.00
HEARTLINE HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 27.05
HERRERA ENVIRONMENTAL CONSULTANTSCONSULTING SERVICES 402-7380-534.41-50 10,292.05
DAVISON, WALTER Utility Rebate 402-7380-534.49-90 50.00
DEMOTT, JENNIFER Utility Rebate 402-7380-534.49-90 65.00
TRABON, MARIAN Utility Rebate 402-7380-534.49-90 25.00
DENNIS EDGINGTON Meal reimbursement 402-7380-534.31-01 37.00
Dennis Edgington MEAL REIMBURSEMENTS 402-7380-534.31-01 55.50
JEFF GROVES Meal reimbursement 402-7380-534.31-01 37.00
Jeff Groves MEAL REIMBURSEMENTS 402-7380-534.31-01 55.50
Rick Hartley MEAL REIMBURSEMENT 402-7380-534.31-01 37.00
TIM WRIGHT Meal reimbursement 402-7380-534.31-01 37.00
Public Works-Electric Electric Operations Division Total: $10,361.50
Public Works-Electric Department Total:$32,022.77
Electric Utility Fund Fund Total:$36,856.26
Division Total: $4,259.17
Department Total:$4,259.17
E - 172/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 10
Vendor Description Account NumberInvoice Amount
Tim Wright MEAL REIMBURSEMENTS 402-7380-534.31-01 55.50
OLYMPIC STATIONERS INC SUPPLIES 402-7380-534.31-01 48.54
ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 402-7380-534.41-50 389.46
PACIFIC OFFICE EQUIPMENT INC SUPPLIES 402-7380-534.31-01 143.52
SUPPLIES 402-7380-534.31-01 266.09
PORS ATTY AT LAW, THOMAS M Elwha Dam 402-7380-534.41-50 490.00
PORT ANGELES CITY TREASURER Tacoma Bridge toll - J. G 402-7380-534.43-10 6.00
SIMMCO, LLC EQUIPMENT MAINTENANCE,REC 402-7380-534.48-10 2,230.55
TESTING&CALIBRATION SERVI 402-7380-534.48-10 2,707.83
EQUIPMENT MAINTENANCE,REC 402-7380-534.48-10 758.80
SPECTRA LABORATORIES-KITSAP Testing 402-7380-534.41-50 215.00
Sample testing 402-7380-534.41-50 215.00
SUPPLYWORKS JANITORIAL SUPPLIES 402-7380-534.31-01 117.34
JANITORIAL SUPPLIES 402-7380-534.31-01 21.34
SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7380-534.31-01 142.98
UTILITIES UNDERGROUND LOC CTR Underground Locates 402-7380-534.49-90 22.33
VERIZON WIRELESS 12-22 A/C 571136182-00001 402-7380-534.42-10 129.21
12-15 A/C 671402094-00001 402-7380-534.42-10 55.09
WWCPA SECRETARY-TREASURER CERTIFICATION RENEWAL FEE 402-7380-534.49-01 15.00
ADVANCED TRAVEL WW Trng-Hartley 403-7480-535.43-10 131.00
ALDERGROVE CONSTRUCTION INC Landscape Services 403-7480-535.48-10 867.19
BRANOM INSTRUMENT COMPANY Parts 403-7480-535.31-20 110.94
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 403-7480-535.42-12 1,238.69
CENTURYLINK-QWEST 12-16 a/c 206T325585090B 403-7480-535.42-10 54.35
12-16 a/c 206T3295441215 403-7480-535.42-10 54.35
01-02 A/C 3604170190080B 403-7480-535.42-10 44.88
01-02 A/C 3604170591196B 403-7480-535.42-10 44.88
CONSOLIDATED TECH SERVICES Scan Chgs 403-7480-535.42-10 8.56
EVERGREEN COLLSN/RADIATOR RPR EXTERNAL LABOR SERVICES 403-7480-535.31-20 102.79
FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 58.31
GREEN RIVER COMMUNITY COLLEGE EDUCATIONAL SERVICES 403-7480-535.43-10 1,680.00
LINCOLN INDUSTRIAL CORP Rem/Repl deep well pump 403-7480-535.48-10 991.86
MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 198.04
OLYMPIC CONCRETE CUTTING Oak St & Front/First 403-7480-535.41-50 672.00
Oak St & Front/First 403-7480-535.48-10 672.00
Oak St & Front/First 403-7480-535.48-10 -672.00
OLYMPIC STATIONERS INC Binders/dividers 403-7480-535.31-01 123.32
PORT ANGELES CITY TREASURER Air Dusters and Cert mail 403-7480-535.31-01 42.83
water for lab - D. Freed 403-7480-535.31-01 21.59
Public Works-Water Water Division Total: $21,586.59
Public Works-Water Department Total:$21,586.59
Water Fund Fund Total:$25,845.76
E - 182/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 11
Vendor Description Account NumberInvoice Amount
PORT ANGELES CITY TREASURER Wet results mail to Ecolo 403-7480-535.31-01 26.73
Cert Mail - D. Freed 403-7480-535.42-10 9.20
Cert Mail - D. Freed 403-7480-535.42-10 5.75
Cert Mail - J. Young 403-7480-535.42-10 32.80
PUD #1 OF CLALLAM COUNTY Brook Ave 403-7480-535.47-10 290.65
Masters Rd 403-7480-535.47-10 203.08
RUECK COMPANY INC EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 8,011.78
SWAIN'S GENERAL STORE INC SUPPLIES 403-7480-535.31-01 12.81
USA BLUEBOOK Hydrogen Peroxide 403-7480-535.31-05 101.67
UTILITIES UNDERGROUND LOC CTR Underground Locates 403-7480-535.49-90 22.33
VERIZON WIRELESS 12-22 A/C 571136182-00001 403-7480-535.42-10 90.55
12-15 A/C 671402094-00001 403-7480-535.42-10 55.09
WWCPA SECRETARY-TREASURER CERTIFICATION RENEWAL FEE 403-7480-535.49-01 15.00
CERTIFICATION RENEWAL FEE 403-7480-535.49-01 15.00
CERTIFICATION RENEWAL FEE 403-7480-535.49-01 15.00
CERTIFICATION RENEWAL FEE 403-7480-535.49-01 15.00
ASM SIGNS SIGNS, SIGN MATERIAL 404-7538-537.31-01 265.48
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 404-7538-537.42-12 202.03
CONSOLIDATED TECH SERVICES Scan Chgs 404-7538-537.42-10 6.62
SONJA COVENTON Reimburse mileage 404-7538-537.31-01 129.84
STEPHANIE HOWELL Reimburse mileage 404-7538-537.31-01 42.44
PORT ANGELES CITY TREASURER Envelopes for tansfer sta 404-7538-537.49-90 10.82
SOUND PUBLISHING INC Solid Waste/2 gd 2 toss 404-7538-537.44-10 1,049.00
SPECTRA LABORATORIES TESTING&CALIBRATION SERVI 404-7538-537.41-50 200.00
WA STATE DEPARTMENT OF ECOLOGY Wastewater Permit Fee 404-7538-537.49-90 5,312.44
Wastewater Permit Fee 404-7538-537.49-90 -5,312.44
ADVANCED TRAVEL Deliver samples-Frelich 404-7580-537.43-10 16.00
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 404-7580-537.42-12 117.18
CONSOLIDATED TECH SERVICES Scan Chgs 404-7580-537.42-10 9.91
DATABAR INCORPORATED Calendar Insert Fee 404-7580-537.44-10 62.68
Calendar Insert Fee 404-7580-537.44-10 60.90
Calendar Insert Fee 404-7580-537.44-10 59.56
Calendar Insert Fee 404-7580-537.44-10 62.11
ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 404-7580-537.41-50 389.46
SOUND PUBLISHING INC Solid Waste/2 gd 2 toss 404-7580-537.44-10 224.00
VERIZON WIRELESS 12-15 A/C 671402094-00001 404-7580-537.42-10 55.09
SUNSET DO-IT BEST HARDWARE PIPE FITTINGS 404-7585-537.31-20 71.77
Public Works-WW/Stormwtr Wastewater Division Total: $15,368.02
Public Works-WW/Stormwtr Department Total:$15,368.02
Wastewater Fund Fund Total:$15,368.02
Public Works-Solid Waste SW - Transfer Station Division Total: $1,906.23
Public Works-Solid Waste Solid Waste-Collections Division Total: $1,056.89
E - 192/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 12
Vendor Description Account NumberInvoice Amount
ANGELES MILLWORK & LUMBER CO FASTENERS, FASTENING DEVS 406-7412-538.31-20 29.55
CLALLAM CNTY ROAD DEPT Streamkeepers Interlocal 406-7412-538.41-50 240.99
CONSOLIDATED TECH SERVICES Scan Chgs 406-7412-538.42-10 32.30
SUNSET DO-IT BEST HARDWARE HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 59.48
FASTENERS, FASTENING DEVS 406-7412-538.35-01 61.47
HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 -81.93
UTILITIES UNDERGROUND LOC CTR Underground Locates 406-7412-538.49-90 22.33
ARROW INTERNATIONAL Supplies 409-0000-237.00-00 -47.12
ARROW INTERNATIONAL Supplies 409-6025-526.31-02 608.03
BOUND TREE MEDICAL, LLC Repair Kit 409-6025-526.31-02 23.84
Supplies 409-6025-526.31-02 2,196.13
Supplies 409-6025-526.31-02 237.53
Supplies 409-6025-526.31-02 273.17
Supplies 409-6025-526.31-13 265.10
Supplies 409-6025-526.31-13 66.80
Supplies 409-6025-526.31-13 35.08
Supplies 409-6025-526.31-13 376.10
CHURCH, JEREMY First Aid/CPR 409-6025-526.31-08 200.00
FIRST AID & SAFETY EQUIP.409-6025-526.31-08 200.00
ERLA, INC.Stryker Repair 409-6025-526.48-10 273.50
GALLS Uniform Supplies 409-6025-526.20-80 113.77
BYANT KROH Tuition Reimbursement 409-6025-526.43-10 484.56
TYLER BIEKER Uniform Allowance 409-6025-526.20-80 249.81
OLYMPIC OXYGEN Oxygen Tank 409-6025-526.31-13 30.73
SYSTEMS DESIGN WEST, LLC November Transports 409-6025-526.41-50 2,901.60
VERIZON WIRELESS 12-15 a/c 442043914-00001 409-6025-526.42-10 433.10
ZOLL MEDICAL CORPORATION SALE SURPLUS/OBSOLETE 409-6025-526.31-02 455.28
CASCADIA LAW GROUP MISC PROFESSIONAL SERVICE 413-7481-535.41-50 33,935.54
INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 15,356.25
Public Works-Solid Waste Solid Waste-Landfill Division Total: $71.77
Public Works-Solid Waste Department Total:$3,034.89
Solid Waste Utility Fund Fund Total:$3,034.89
Public Works-WW/Stormwtr Stormwater Division Total: $364.19
Public Works-WW/Stormwtr Department Total:$364.19
Stormwater Fund Fund Total:$364.19
Division Total: -$47.12
Department Total:-$47.12
Fire Medic I Division Total: $9,424.13
Fire Department Total:$9,424.13
Medic I Utility Fund Total:$9,377.01
Public Works-WW/Stormwtr Wastewater Remediation Division Total: $49,291.79
E - 202/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 13
Vendor Description Account NumberInvoice Amount
CONSOLIDATED TECH SERVICES Scan Chgs 421-7121-533.42-10 4.24
DATABAR INCORPORATED Ductless Heat Pump Fee 421-7121-533.44-10 62.68
Heat Pump Insert Fee 421-7121-533.44-10 60.90
Calendar Insert Fee 421-7121-533.44-10 59.56
Calendar Insert Fee 421-7121-533.44-10 62.11
DAVE'S HEATING & COOLING SVC Utility Rebate 421-7121-533.49-86 800.00
Utility Rebate 421-7121-533.49-86 800.00
OLYMPIC ELECTRIC CO INC PW CONSTRUCTION 451-0000-223.40-00 42,400.00
OLYMPIC ELECTRIC CO INC PW CONSTRUCTION & RELATED 451-7188-594.65-10 271,512.62
MAGNUS PACIFIC CORPORATION PW CONSTRUCTION & RELATED 454-7588-594.65-10 482,518.80
PAPE & SONS CONSTRUCTION, INC Release Retainage 456-0000-223.40-00 9,806.61
WA STATE DEPARTMENT OF ECOLOGY FINANCIAL SERVICES 463-7489-582.78-10 207,691.00
FINANCIAL SERVICES 463-7489-582.78-10 -207,691.00
FINANCIAL SERVICES 463-7489-592.83-10 128,114.15
FINANCIAL SERVICES 463-7489-592.83-10 -128,114.15
ASSOCIATED PETROLEUM PRODUCTS, INCFUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,191.59
FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,157.55
BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 201.44
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 257.06
FIRE CHIEF EQUIPMENT CO, INC AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 465.04
KAMAN FLUID POWER, LLC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 73.66
HOSES, ALL KINDS 501-0000-141.40-00 133.66
Public Works-WW/Stormwtr Department Total:$49,291.79
Harbor Clean Up Fund Total:$49,291.79
Public Works-Electric Conservation Division Total: $1,849.49
Public Works-Electric Department Total:$1,849.49
Conservation Fund Total:$1,849.49
Division Total: $42,400.00
Department Total:$42,400.00
Public Works-Electric Electric Projects Division Total: $271,512.62
Public Works-Electric Department Total:$271,512.62
Electric Utility CIP Fund Total:$313,912.62
Public Works-Solid Waste Solid Waste Coll Projects Division Total: $482,518.80
Public Works-Solid Waste Department Total:$482,518.80
Solid Waste Utility CIP Fund Total:$482,518.80
Division Total: $9,806.61
Department Total:$9,806.61
Stormwtr Util Projects Fund Total:$9,806.61
Public Works-WW/Stormwtr CSO Capital Division Total: $0.00
Public Works-WW/Stormwtr Department Total:$0.00
CSO Capital Fund Fund Total:$0.00
E - 212/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 14
Vendor Description Account NumberInvoice Amount
NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 226.99
AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 7.15
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 94.31
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 32.69
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 79.73
O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 82.72
HOSES, ALL KINDS 501-0000-141.40-00 74.71
PENINSULA LUBRICANTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 363.66
ASSOCIATED PETROLEUM PRODUCTS, INCCardlock 501-7630-548.32-13 309.44
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 501-7630-548.42-12 33.48
CONSOLIDATED TECH SERVICES Scan Chgs 501-7630-548.42-10 2.29
COPY CAT GRAPHICS AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 8.66
GROENEVELD USA INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 317.97
SHIPPING AND HANDLING 501-7630-548.34-02 22.01
LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 210.30
LINCOLN INDUSTRIAL CORP AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 394.80
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1.51
METALS,BARS,PLATES,RODS 501-7630-548.34-02 95.69
ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 501-7630-548.49-90 389.46
OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 79.60
PORT ANGELES TIRE FACTORY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 137.23
EXTERNAL LABOR SERVICES 501-7630-548.34-02 111.11
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 274.68
EXTERNAL LABOR SERVICES 501-7630-548.34-02 620.53
PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 84.70
QUALITY 4X4 TRUCK SUPPLY AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 245.85
RICHMOND 2-WAY RADIO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 109.82
EXTERNAL LABOR SERVICES 501-7630-548.34-02 259.68
EXTERNAL LABOR SERVICES 501-7630-548.34-02 155.81
RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 145.50
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 17.95
EXTERNAL LABOR SERVICES 501-7630-548.34-02 73.71
SUNSET DO-IT BEST HARDWARE GASES CONT.EQUIP:LAB,WELD 501-7630-548.45-30 67.97
VERIZON WIRELESS 12-22 A/C 571136182-00001 501-7630-548.42-10 7.56
WESTERN STEEL METALS,BARS,PLATES,RODS 501-7630-548.34-02 126.42
ANGELES COMMUNICATIONS INC Install 4 network drops 502-2081-518.41-50 284.98
CAPACITY PROVISIONING INC DATA PROC SERV &SOFTWARE 502-2081-518.42-12 300.00
Division Total: $9,441.96
Department Total:$9,441.96
Public Works-Equip Svcs Equipment Services Division Total: $4,303.73
Public Works-Equip Svcs Department Total:$4,303.73
Equipment Services Fund Total:$13,745.69
E - 222/02/2016
Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 15
Vendor Description Account NumberInvoice Amount
CONSOLIDATED TECH SERVICES Scan Chgs 502-2081-518.42-10 6.62
GLOBAL KNOWLEDGE DATA PROC SERV &SOFTWARE 502-2081-518.43-10 5,000.00
DATA PROC SERV &SOFTWARE 502-2081-518.43-10 5,000.00
DATA PROC SERV &SOFTWARE 502-2081-518.43-10 5,000.00
HELPSYSTEMS COMPUTERS,DP & WORD PROC.502-2081-518.48-02 6,476.90
NORTHPOINT CONSULTING INC Network Support 502-2081-518.41-50 330.00
OLYMPIC STATIONERS INC SUPPLIES 502-2081-518.31-01 11.45
PACIFIC OFFICE EQUIPMENT INC Copier Charges 502-2081-518.45-31 84.02
Copier Charges 502-2081-518.45-31 82.02
Copier Charges 502-2081-518.45-31 127.50
Copier Charges 502-2081-518.45-31 130.10
Copier Charges 502-2081-518.45-31 23.43
Copier Charges 502-2081-518.45-31 202.90
Copier Charges 502-2081-518.45-31 44.47
Copier Charges 502-2081-518.45-31 70.75
Copier Charges 502-2081-518.45-31 89.97
Copier Charges 502-2081-518.45-31 30.37
Copier Charges 502-2081-518.45-31 170.76
Copier Charges 502-2081-518.45-31 31.06
Copier Charges 502-2081-518.45-31 89.20
Copier Charges 502-2081-518.45-31 39.01
Copier Charges 502-2081-518.45-31 78.45
SHARP ELECTRONICS CORP OFFICE MACHINES & ACCESS 502-2081-518.45-31 182.37
OFFICE MACHINES & ACCESS 502-2081-518.45-31 316.53
OFFICE MACHINES & ACCESS 502-2081-518.45-31 374.87
OFFICE MACHINES & ACCESS 502-2081-518.45-31 357.50
VERIZON WIRELESS 12-15 A/C 671402094-00001 502-2081-518.42-10 40.01
NW ADMIN TRANSFER ACCT CONSULTING SERVICES 503-1631-517.46-33 84,628.00
WCIA (WA CITIES INS AUTHORITY)CONSULTING SERVICES 503-1671-517.46-10 483,890.00
AFLAC PAYROLL SUMMARY 920-0000-231.53-11 1,423.08
PAYROLL SUMMARY 920-0000-231.53-12 916.10
AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 282.00
PAYROLL SUMMARY 920-0000-231.54-40 3.00
PAYROLL SUMMARY 920-0000-231.54-40 3.00
BROWN & BROWN OF WASHINGTON PAYROLL SUMMARY 920-0000-231.53-40 1,431.25
Finance Information Technologies Division Total: $24,975.24
Finance Department Total:$24,975.24
Information Technology Fund Total:$24,975.24
Self Insurance Other Insurance Programs Division Total: $84,628.00
Self Insurance Comp Liability Division Total: $483,890.00
Self Insurance Department Total:$568,518.00
Self-Insurance Fund Fund Total:$568,518.00
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Date: 1/27/2016
To: 1/22/2016From: 1/9/2016
City of Port Angeles
City Council Expenditure Report
Page 16
Vendor Description Account NumberInvoice Amount
CHAPTER 13 TRUSTEE PAYROLL SUMMARY 920-0000-231.56-90 964.67
Deduct overpayment 920-0000-231.56-90 -97.71
Payroll Summary 920-0000-231.56-90 -72.96
Payroll Summary 920-0000-231.56-90 -97.71
EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 19,638.86
FEDERAL PAYROLL TAX P/R Deductions pe 01-02 920-0000-231.50-10 74,603.26
FICA/MEDICARE PAYROLL TAX P/R Deductions pe 01-02 920-0000-231.50-20 76,144.98
PAYROLL SUMMARY 920-0000-231.50-20 72,022.46
FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 1,933.89
GUARANTEED EDUCATION TUITION PAYROLL SUMMARY 920-0000-231.56-95 122.00
IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,525.80
ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 19,134.86
IUOE LOCAL 302 PAYROLL SUMMARY 920-0000-231.54-50 790.88
LEOFF P/R Deductions pe 01-03 920-0000-231.51-21 25,343.20
OFFICE OF SUPPORT ENFORCEMENT P/R Deductions 920-0000-231.56-20 647.01
PERS P/R Deductions pe 01-03 920-0000-231.51-10 1,385.39
P/R Deductions pe 01-03 920-0000-231.51-11 13,489.92
P/R Deductions pe 01-03 920-0000-231.51-12 60,819.30
POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 408.00
UNITED WAY (PAYROLL)PAYROLL SUMMARY 920-0000-231.56-10 767.00
WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 38.00
PAYROLL SUMMARY 920-0000-231.54-40 9.61
PAYROLL SUMMARY 920-0000-231.54-40 4,837.46
PAYROLL SUMMARY 920-0000-231.54-40 16.18
PAYROLL SUMMARY 920-0000-231.54-40 16.18
Division Total: $378,448.96
Department Total:$378,448.96
Payroll Clearing Fund Total:$378,448.96
Totals for check period From: 1/9/2016To: 1/22/2016 $2,135,120.41
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DATE: February 2, 2016
TO: City Council
FROM: KEN DUBUC, FIRE CHIEF
SUBJECT: Department of Ecology Site Rental Agreement
Summary: The Department of Ecology (DOE) has an ongoing program for ambient air quality
monitoring in the region. As a part of that program, for the past several years DOE has maintained
a small air sampling station on the roof of the fire station. The City and DOE have an annual site
rental agreement for the use of the space, and that agreement is up for renewal.
Funding: There are no costs associated with this rental agreement, the Department of Ecology
pays the City $550 per year for the use of this space.
Recommendation: Authorize the City Manager to sign the attached site rental agreement renewal
with DOE.
Background/Analysis: The Department of Ecology (DOE) has an ongoing program for ambient
air quality monitoring in the region. As a part of that program, for the past several years DOE
has maintained a small air sampling station on the roof of the fire station. This air sampling
station is quite small and it does not impact fire department operations in any way. In addition to
the sampling station on the roof, there are several small pieces of computer equipment that are
located in an equipment room. The fire department provides 110 volt power to that equipment.
The City and DOE have an annual site rental agreement for the use of the space, and that
agreement is up for renewal. The agreement has not changed since the previous agreement, and
it has been reviewed and approved by the City of Port Angeles Legal Department.
Funding Overview: There are no costs associated with this rental agreement, the Department of
Ecology pays the City $550 per year for the use of this space.
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N:\CCOUNCIL\FINAL\Equipment Purchase - Police Sedan Replacement.doc
DATE: February 2, 2016
TO: City Council
FROM: BRIAN S. SMITH, DEPUTY CHIEF OF POLICE
CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
SUBJECT: Equipment Purchase: Police Sedan Replacement
Summary: The Police Department and Equipment Services propose replacing a 2003 Ford Police
Interceptor with a 2016 Dodge Charger AWD Police Sedan. Total cost for the purchase will be
$31,672.88 (under WA State Department of Enterprise Services Contract) and includes sales tax. An
additional $16,300 will be spent on outfitting the vehicle. #35 is a 13 year old vehicle with 81,182
miles of police use in Port Angeles.
Funding: $48,000 is in budget line 501.7630.594.6410 in the 2016 budget for vehicle #35
replacement and later outfitting of the replacement vehicle.
Recommendation: Approve and authorize the City Manager to sign for the purchase and outfitting
of a 2016 Dodge Charger to replace vehicle #35, a 2003 Ford Crown Victoria.
Background Vehicle #35 (a 2003 Ford Crown Victoria) would be taken out of service upon the
delivery and outfitting of the 2016 Dodge Charger. Systems for Public Safety (SPS) in Lakewood
WA is under contract and would re-use as much equipment from #35 as is possible (VHF and UHF
radios, Panasonic CF-19 computer dock, InMotion box, Opticom power supply and rifle lock). SPS
would add LED lighting, push bumper, prisoner partition, rear plastic seat, console, computer dock,
power distribution unit, trunk tray, remote start, and other equipment.
Vehicle #35 is not a viable candidate for a police rebuild or restoration. At 13 years old many parts
are no longer affordable or available. It is not equipped with our current LED lighting package, lacks
the brake and suspension upgrades on the newer Ford CVs and, because it is over 10 years old, it
lacks easy availability of some key parts. The Ford Crown Victoria went out of production in 2011.
The last PAPD vehicle rebuild/restorations occurred in 2014 and were 2005 Ford CV Police
Interceptors. The 2003 model uses a different frame, steering, and front suspension as compared to
2005 and newer Crown Victoria (CV) Interceptors, rendering it unsuitable for restoration/rebuild.
Funding Overview: The 2016 budget contains $48,000 for replacement of vehicle #35. The Police
Department anticipates receiving approximately $39,000 in 2016 for “equipment” from the FEMA
“Stonegarden” grant program, and additional revenue will be realized when Vehicle #35 is sold as
surplus.
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DATE: February 2, 2016
TO: Mayor and City Council
FROM: WILLIAM E. BLOOR, CITY ATTORNEY
SUBJECT: Franchise Ordinance
Summary: The City’s current municipal code is silent about many issues related to franchises,
and in particular franchises for cable television and open video systems. The ordinance presented
here for first reading is intended to amend and update the City’s current ordinances to include
franchises for television cable systems and open video systems. These revisions will provide a
uniform and consistent framework for granting new franchises and renewing existing ones.
Funding: No additional funding.
Recommendation: Conduct a first reading; Continue to February 16, 2016.
Background/Analysis: Wave Broadband currently provides television cable service to Port
Angeles. Wave’s franchise to operate a cable television system was originally granted in 2002,
and it is set to expire in May 2017. The cable franchise renewal process is subject to significant
regulation under federal law. Recognizing that, City staff began in May 2014 with planning and
preparation for the expected renewal of Wave’s cable franchise. That process included a
thorough review of the City’s ordinances, and in doing so, it became apparent that the City’s
current ordinances do not provide a clear process for renewal of an existing franchise or for
granting a new franchise.
City staff and the City’s consultant all share the opinion that the current absence of any
framework dealing with franchises is detrimental. The City’s goal is to promote the availability
of high-quality and diverse television cable services to City residents, businesses, and public
institutions; and to promote the availability of diverse information resources to the community,
including through the development of advanced systems that can support public, educational, and
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governmental programming and high-speed access to the Internet. The key to accomplishing
those goals is a sound framework for development of a franchise.
With that in mind, more than a year ago City staff and the City’s consultant began work to
develop a comprehensive ordinance that would amend the City’s existing Code to include
uniform procedures to handle franchise renewals and grants of new franchises. The ordinance
presented here is the result of that effort.
This ordinance is designed to integrate with the City’s existing ordinances that already control
some aspects of the City’s rights-o-way. It will assure consistency and will require that all
important considerations are addressed. It will also promote competition and services and take
advantage of opportunities presented by cable and open video systems to provide for community
needs. It will enhance educational opportunities throughout the community and provide
opportunities for building a stronger community; and allow flexibility to respond to changes in
technology. Overall, this ordinance will establish standards for franchising cable operators in a
manner that promotes these objectives and otherwise protects the public interest to the full extent
the City is able to do so in light of federal and state law.
Funding Overview: N/A
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ORDINANCE NO. __________
AN ORDINANCE regulating the occupancy and use of public rights-of-way by
television cable systems and open video systems, providing for
establishment of customer service standards; establishing franchise and
licensing requirements for operators of such systems and prescribing terms,
and conditions for and upon the construction, maintenance, and repair of
such systems; amending Chapters 11.08 and 11.14 of the Port Angeles City
Code, all relating to Television cable systems and Open Video Systems.
WHEREAS, the City of Port Angeles wishes to promote the availability of high-quality
and diverse television cable services to City residents, businesses, the City of Port Angeles, and
other public institutions; and to promote the availability of diverse information resources to the
community, including through the development of advanced systems that can support public,
educational, and governmental programming and high-speed access to the Internet; and
WHEREAS, the City of Port Angeles wishes to provide opportunities to the public to obtain
access to cable system facilities for the purpose of disseminating and receiving information; to
promote competitive cable rates and services; to take advantage of opportunities presented by cable
and open video systems to provide for more open government; to enhance educational opportunities
throughout the community and provide opportunities for building a stronger community; and to
allow flexibility to respond to changes in technology, Subscriber interests, and competitive factors
that will affect the health, welfare, and well-being of the community; and
WHEREAS, in light of federal and state law, and the changes to local procedures required
by them, the City of Port Angeles finds that it is necessary to enact the following requirements and
further finds it appropriate to apply the provisions hereof to existing cable television franchisees,
permittees, and licensees to the degree permitted by applicable law; and
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WHEREAS, the City of Port Angeles finds that it is in the interest of the public to franchise
and to establish standards for franchising cable operators in a manner that promotes these objectives
and otherwise protects the public interest,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 2166 as amended, and Sections of Chapter 11.08 of the Port Angeles
Municipal Code are hereby amended by to read as follows:
11.08.100 - Permittee—Indemnity to save the City harmless from claims.
As a condition of permit issuance, a permittee shall agree to indemnify, defend, and hold the City
harmless from, and defend the City against, any claims for personal injury or property damage
arising out of or in any way connected with, the performance by the permittee of any work within
the rights-of-way of the City pursuant to the issued permit.
11.08.110 - Permittee—Liability insurance required.
Any permittee receiving a permit under the terms of this Chapter, shall provide to the City
satisfactory proof of the existence of a comprehensive liability insurance policyproviding coverage
of not less than $1,000,000.00 for personal injury to any one person, $3,000,000.00 for injury to
more than one person arising out of the same incident, and $100,000.00 for property damage,
against claims arising pursuant to permits issued pursuant to this Chapter. The permittee shall obtain
and deliver to the City an endorsement to such policy, naming the City as an additional insured.
ChapterChapter
11.08.120 - Work—Applicable standards—Generally.
Except as otherwise provided in this Chapter, all work performed pursuant to a permit issued
pursuant to this Chapter shall be done in accordance with 1) the Standard Specifications for Road,
Bridge and Municipal Construction issued by the Washington State Chapter of the American Public
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Works Association and Department of Transportation, current edition, and 2) the City of Port
Angeles Urban Services Standards and Guidelines Manual.
Existing poles to be used. To the extent possible, permittees shall use existing poles and conduit.
Additional poles may not be installed in the right-of-way, nor may pole capacity be increased by
vertical or horizontal extenders, without the permission of the City.
To minimize disruption of public passage or infrastructure, to forestall or relieve exhaustion of
public rights-of-way capacity, or to protect environmentally sensitive areas, the City may require
as a condition of issuing any public rights-of-way permit for erection of new poles or construction
of underground conduit, the installation of which requires excavation of or along any traveled way,
that the permittee provide pole space or empty conduits in excess of its own present and reasonably
foreseeable requirements for the purpose of accommodating the City and/or other permittees and
licensees.
. . . .
Section 2. Ordinance 3083 as amended, and Chapter 11.14 of the Port Angeles Municipal
Code are hereby amended to read as follows:
11.14.010 - General provisions.
11.14.020 - Definitions.
11.14.030 - Occupation license required.
11.14.040 - Right-of-way license required for private telecommunications system.
11.14.050 - Master permit required for telecommunications service.
11.14.060 - Persons asserting an existing state-wide grant.
11.14.070 - Facilities lease required.
11.14.080 - Use permits required.
11.14.090 - Transitional provisions.
11.14.100 - Administrative provisions.
11.14.110 - Fees and compensation.
11.14.120 - Conditions of licenses, franchises, master permits and leases.
11.14.130 - Compliance.
11.14.140 - General Provisions Applicable to All Grantees.
11.14.150 - Applicability.
11.14.160 - Television Cable Franchise Required
11.14.170 - Special Rules Applicable to Cable Systems.
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11.14.180 - Open Video Systems.
11.14.190 - Miscellaneous.
11.14.010 - General provisions.
A. Findings and purpose.
1. The City Council finds that it is in the public interest to permit use of the City's rights-of-
way and to establish standards for use of the rights-of-way for service providers and other operators
of telecommunications systems, in a manner which:
(a) Encourages competition by establishing non-discriminatory terms and conditions under
which service providers and other operators of telecommunications systems may use valuable
public property to serve the public.
(b) Protects the public interest in the use of the limited physical capacity of the public rights-
of-way.
(c) Protects the public and the City from any harm resulting from such private use of rights-of-
way and preserves and improves the aesthetics of the community.
(d) Protects and carries out the regulatory authority of the City and recovers administrative
costs, in a manner consistent with federal and state law.
2. The City Council finds that the City's rights-of-way, other City property, and utility facilities
such as its poles and conduits within the City constitute valuable public property:
(a) That can be partially occupied by private companies and other entities for facilities used in
the delivery, conveyance, and transmission of telecommunications, utility and public services
rendered for profit, to the enhancement of the health, welfare, and general economic well being of
the City and its citizens; and
(b) That are a unique resource so that proper management by the City is necessary, to maximize
the efficiency and minimize the costs to the taxpayers of the foregoing uses and to minimize the
inconvenience and negative effects, including degradation, upon the public from such facilities'
construction, emplacement, relocation, and maintenance in the rights-of-way.
3. Therefore, the purpose and intent of this Chapter is to:
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(a) Permit and manage reasonable access to the limited physical capacity of the available public
rights-of-way of the City for telecommunications purposes in a non-discriminatory, competitively
neutral, and non-exclusive way to the extent required under applicable law.
(b) Encourage open competition and the provision of advanced and high quality
telecommunications services on the widest possible basis to the businesses, institutions, and
residents of the City, while eliminating unnecessary local regulation of telecommunications service
providers and services.
(c) Promote and encourage competition for voice, data, video, and video programming services
that make the latest and best technology available and keep service prices affordable for all City
residents and businesses.
(d) Encourage universal access to telecommunications and video programming services for all
residents and businesses.
(e) Encourage investments by telecommunications service providers to enhance economic
development programs and provide jobs, opportunities, and choices for its citizens.
(f) Encourage economic development while preserving aesthetic and other community values
and preventing proliferation of aboveground facilities.
(g) Enable the City to discharge its public trust consistent with rapidly evolving federal and
state regulatory policies, industry competition, and technological development.
(h) Recover the City's current and ongoing costs of granting and regulating private access to
and use of the public rights-of-way from the persons and businesses seeking such access and
causing such costs, in a non-discriminatory manner.
(i) Establish a local policy concerning cable systems and open video systems that use the public
rights-of-way;
(j) Promote the availability of diverse, multimedia information resources to the community
over cable systems and open video systems; enhance educational opportunities throughout the
community and build a stronger community;
(k) Encourage the provision of advanced and competitive cable or open video system services
on the widest possible basis to the businesses, institutions and residents of the City.
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11.14.020 - Definitions.
ChapterChapter
For the purposes of this Chapter, the following terms, phrases, words, and abbreviations shall have
the meanings given herein. When not inconsistent with the context, words used in the present tense
include the future tense; words in the plural number include the singular number; and words in the
singular number include the plural number; and the masculine gender includes the feminine gender.
The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined in this
Chapter shall have the same meaning as in Title VI of the Communications Act of 1934, as amended,
47 USC §§ 521 et.seq., and if not defined therein, their common and ordinary meaning. References
to governmental entities (whether persons or entities) refer to those entities or their successors in
authority. If specific provisions of law referred to herein are renumbered, then the reference shall be
read to refer to the renumbered provision. References to laws, ordinances or regulations shall be
interpreted broadly to cover government actions, however nominated, and include laws, ordinances
and regulations now in force or hereinafter enacted or amended.
A. "Access," "PEG access," or "PEG use" refers to the availability of a cable system or open
video system for public, education or government use (including institutional network use) by various
agencies, institutions, organizations, groups, and individuals, including the City of Port Angeles and
its designated access providers, to acquire, create, and distribute programming not under a
franchisee's editorial control.
A. B. "Affiliate" means a person, who (directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with another person.
B.C. "Applicant" means any person or entity that applies for any right-of-way license, franchise,
lease, or other permit pursuant to this Chapter.
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C.D. "Application fee" means the charge specified in Section 11.14.030 110 herein, and designed
to recover the City's actual administrative costs in processing applications for any right-of-way
license, franchise, lease or other permit pursuant to this Chapter, including applications for the
transfer thereof.
E. “Basic service” means any service tier regularly provided to all Subscribers which includes
the public, educational, and government access channels and the retransmission of local television
broadcast signals.
D.F. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. 521 et seq.,
as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further
amended by the Telecommunications Act of 1996, and as may be further amended from time to
time.
G. “Cable communications system” refers to open video systems (OVS) and cable systems.
EH. "Cable facilities" See has the same meaning as"Cable system".
G.I. "Cable system" means a facility, consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community, but such term does not include:
1. A facility that serves only to retransmit the television signals of one or more television
broadcast stations;
2. A facility that serves subscribers without using any public right-of-way;
3. A facility of a common carrier which is subject, in whole or in part, to the provisions of
Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such
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facility shall be considered a cable system to the extent such facility is used in the transmission of
video programming directly to subscribers, unless the extent of such use is solely to provide
interactive on-demand services;
4. Any facilities of any electric utility used solely for operating its electric utility systems; or
5. An open video system that is certified by the FCC.
A reference to a cable system includes pedestals, equipment enclosures (such as equipment
cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to
operate the cable system.
F. J. “Cable television service” means for the purpose of this Chapter shall have the same
meaning provided by the Cable Act and to the extent applicable RCW 35.99.010. the one-way
transmission to Subscribers of video programming and subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service.
K. "Channel" means a time or frequency slot or technical equivalent on the Cable System,
discretely identified and capable of carrying full motion color video and audio, and may include other
non-video subcarriers and digital information.
H.L. "City" means the City of Port Angeles, a non-charter code city municipality of the State of
Washington, in its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
M. “City Manager” means the City Manager and the City Manager’s designee.
I.N. "City property" means and includes all real property, utility poles, conduits, bridges and
similar other facilities owned or controlled by the City, other than public streets and utility
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easements as those terms are defined herein, and all property held in a proprietary capacity by the
City, which are not subject to right-of-way licensing and master permitting as provided in this
Chapter.
O. “Construction, operation or repair” and similar formulations of those words, indicating
actions, interpreted broadly, encompassing, among other things, installation, extension,
maintenance, replacement of components, relocation, undergrounding, grading, site preparation,
adjusting, testing, make-ready, and excavation.
J.P. "Council" means the City Council of the City of Port Angeles, Washington.
K.Q. "Director" means the Director of Public Works and Utilities of the City of Port Angeles or
and his/her designee.
R. "Downstream channel" means a Channel designed and activated to carry a transmission
from the headend to other points on a Cable Communications System, including interconnections.
L.S. "Easement" means any City-held easement for access and public utilities. or for other public
purposes.
T. “Educational access” or “Educational use” means Access where educational institutions are
the primary or designated programmers or users having editorial control over their communications.
MU. "Emergency" means a condition of imminent danger to the health, safety and welfare of
property or persons located within the City including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars.
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N.V. "Excess capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facilities within the right-of-way that is or will be available for
use for additional telecommunications facilities.
O.W. "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other
facilities necessary to furnish and deliver telecommunications services, private telecommunications
services, and cable television services, including but not limited to poles with crossarms, poles
without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment,
braces, guys, anchors, faults, and all attachments, appurtenances, and appliances necessary or
incidental to the distribution and use of telecommunications services, private telecommunications
services, and cable television services.
P.X. "Facilities lease" or "lease" means the legal authorization to occupy and use specific City
property and/or specific areas of City right-of-way for the specified time and under the specified
terms as agreed to between the City and the lessee.
Q.Y. "FCC" or "Federal Communications Commission" means the federal administrative agency
or lawful successor, authorized to regulate and oversee telecommunications, cable and open video
carriers, operators and providers on a national level.
R.Z. "Fiber optics" means the technology of guiding and projecting light for use as a
communications medium.
S.AA. "Franchise" means the prior authorization, granted by the City to the operator of a cable
communications system giving the operator the non-exclusive right to occupy the space in, under,
over or across rights-of-way of the City to provide a specified service within the City. Such
franchises do not include and are not a substitute for:
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1. Any other permit or authorization required for the privilege of transacting and carrying on
a business within the City required by the ordinances and laws of the City;
2. Any permit, agreement or authorization required in connection with operations on or in
public streets or property, including by way of example and not limitation, right-of-way
construction, use and street cut permits;
3. Any permits or agreements for occupying any City property or property of private entities
to which access is not specifically granted by the franchise including, without limitation, permits
and agreements for placing devices on or in any City Property including, without limitation, poles,
conduits, buildings, other structures or railroad easements, or property of a private entity; or
4. The right to place devices in the right-of-way, such as pay telephones, for end user use in
terminating or originating transmissions.
By way of example, and without limiting the foregoing, this Chapter shall not be read to diminish
or in any way affect the authority of the City to control and charge for the use of its real estate,
fixtures or personal property. Therefore, any person who desires to use such property must obtain
additional approvals, master permits, use permits or agreements for that purpose, as may be required
by the City or state law.
T.BB. "Franchisee" means the person, firm or corporation to whom or which a franchise, as defined
in this section, was previously granted by the City and the lawful successor, transferee or assignee
of said person, firm or corporation subject to such conditions as may be established in this Chapter.
CC. “Franchise area” means the area of the City that a franchisee is authorized to serve by the
terms of its franchise or by operation of law.
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DD. “Franchise fee.”
1. In consideration of the grant and exercise of a franchise to construct, install, operate, or
provide services using facilities in the public rights-of-way, a franchisee shall pay to the City a
franchise fee expressed as a percentage of gross revenues. The franchise shall specify the fee to be
paid, and the gross revenues to be included in the fee calculation. If a franchise granted pursuant to
this Chapter specifies a franchise fee established as the result of limiting applicable law, the City
shall have the option to renegotiate the amount of the franchise fee upon a change in applicable law.
Nothing herein requires a person to pay amounts in excess of any limits that may be established by
state or federal law.
2. UVPP Fees. A UVPP (unaffiliated video program provider) that provides services using a
cable communications system for which charges are assessed to subscribers, but are not received by
the franchisee, shall pay a fee in lieu of a franchise fee on such service pursuant to the franchise fee
calculation contained in the franchisee’s franchise.
EE. “Government access" or “Government use" means access where government institutions or
their designees are the primary or designated programmers or Users having editorial control over
their communications;
U.FF. "Grantee" means the holder of a right-of-way license, master permit, use permit or facilities
lease.
GG. “Gross Receipts” Definition to be added later.
V.HH. "Gross revenues" means all cash, credits, property, or other consideration of any kind or
nature received directly or indirectly by a franchisee or its affiliates, from any source whatsoever
arising from, attributable to, or in any way derived from a franchisee's operation of a cable
communications system to provide cable service within the franchise area. Gross Revenues include,
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but are not limited to, fees charged to subscribers for basic service; fees charged to subscribers for any
optional, premium, per-channel, or per-program service; monthly fees charged to subscribers for any
tier of service other than basic service; installation, disconnection, re-connection, and change-in-
service fees; leased channel fees; fees, payments, or other payment received as consideration from
programmers for carriage of programming on the cable communications system; converter rentals or
sales; studio rental, production equipment, and personnel fees; advertising revenues, including a per
capita share of advertising revenues for advertising carried on more than one cable communications
system; revenues from home shopping channel channels; sales of programming guides; late fees; and
such other revenue sources as may now exist or hereafter develop. The definition shall be interpreted
in a manner that permits the City to collect the maximum franchise fee permitted by law, irrespective
of the source of revenue. Gross revenues, however, shall not include any bad debt (defined as unpaid
subscriber or advertiser accounts), any taxes on services furnished by a franchisee or UVPP and
imposed directly upon any subscriber or user (as opposed to the franchisee or UVPP) by the state, City,
or other governmental unit and collected by a franchisee or UVPP on behalf of said governmental unit.
The franchise fee is not such a tax, and the amount paid as a franchise fee shall not be deducted from
gross revenues.Chapter.
W.II "License" or "right-of-way license" refers to the legal authorization, in lieu of a franchise or
master permit, to use a particular, discrete, and limited portion of the public rights-of-way to
construct, maintain or repair a telecommunications facility or a private telecommunications system
by a non-service provider. The term license or right-of-way license shall not mean or include:
1. Any other permit or authorization required for the privilege of transacting and carrying on
a business within the City;
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2. Any other permit, agreement or authorization required in connection with operations on
public streets or property, including by way of example and not limitation, right-of-way
construction permits or use permits as defined in Chapter 11.08 PAMC;
3. Any permits or agreements for occupying any City property or property of private entities
to which access is not specifically granted by the right-of-way license including, without limitation,
permits and agreements for placing devices on or in any City property including, without limitation,
poles, conduits buildings, other structures or railroad easements, or property of a private entity; or
4. The right to place devices in the right-of-way, such as pay telephones, for end-user use in
originating and terminating transmissions, otherwise authorized, such as by a facilities lease.
X.JJ. "Master permit" means the agreement between the City in which it grants general permission
to a service provider to enter, use, and occupy the right-of-way for the purpose of locating facilities.
For purposes of this Chapter, a franchise, except for a cable television franchise, is a master permit.
A cable television franchise granted pursuant to this Chapter shall, with respect to the cable services
provided by a cable communications system operator, be in lieu of the master permit license required
by this Chapter.
The term master permit shall not mean or include:
1. Any other permit or authorization required for the privilege of transacting and carrying on
a business within the City.
2. Any other permit, agreement or authorization required in connection with operations on
public streets or property, including by way of example and not limitation, right-of-way
construction permits and use permits as defined in Chapter 11.08 PAMC.
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3. Any permits or agreements for occupying any other property of the City or private entities
to which access is not specifically granted by the master permit including, without limitation,
permits and agreements for placing devices on or in poles, conduits other structures, or railroad
easements, whether owned by the City, or a private entity.
4. The right to place devices in the right-of-way, such as pay telephones, for end-user use in
originating and terminating transmissions, otherwise authorized, such as by a facilities lease.
Y.KK. "Non-service provider" means any person installing, constructing, monitoring or operating
a private telecommunications system or installing, constructing, maintaining facilities, including
but not limited to conduit and/or unlit dark fiber located in the right-of-way that is not used to
provide telecommunications service for hire, sale or resale to the general public.
Z.LL. "Open video system" or "OVS" means a facility consisting of a set of transmission paths
and associated signal generation, reception and control equipment that is designed to provide cable
service, which includes video programming, which is provided to multiple subscribers within a
community, and which the Federal Communications Commission or its successor has certified as
compliant with Part 76 of its rules, 47 C.F.R., Part 76, as amended from time-to-time.
AA.MM."Open video system service" means video programming by means of an open video system.
NN. “Operator,” when used with reference to a system, refers to a person (a) who, directly or
through one or more affiliates, provides service over a cable communications system and directly or
through one or more Affiliates owns a significant interest in such facility; or (b) who otherwise controls
or is responsible for, through any arrangement, the management and operation of such a system.
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BB.OO."Other ways" means the highways, streets, alleys, utility easements or other rights-of-way
within the City; but under the jurisdiction and control of a governmental or private entity other than
the City.
CC.PP."Overhead facilities" refers to electric utility and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities.
QQ. “PEG” means Public, Educational, and Government Access channels collectively.
DD.RR."Person" means and includes corporations, companies, associations, joint stock companies
or associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers but does not include the City.
EE.SS."Personal wireless service" means commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services, as defined by federal law and
regulations.
FF.TT. "Private telecommunications facilities" means all of the plant, equipment, fixtures,
appurtenances, antennas, and other facilities necessary to furnish and deliver private
telecommunications services, including but not limited to poles with crossarms, poles without
crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces,
guys, anchors, faults, and all attachments, appurtenances and appliances necessary or incidental to
the distribution and use of private telecommunications services. "Private telecommunications
facilities" also includes any conduit, lines, fiber or unlit dark fiber that is not used to provide
telecommunications services for hire, sale or resale to the general public.
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GG.UU."Private telecommunications system" means a telecommunications system controlled by a
person or entity for the sole and exclusive use of such person, entity or affiliate thereof, including
the provision of private shared telecommunications services within a user group located in discrete
private premises in building complexes, campuses or high rise buildings, by such party or entity,
but not encompassing in any respect, a system offered for hire, sale or resale to the general public.
For the purposes of this Chapter, "private telecommunications system" also includes facilities
comprised of conduit, lines, fiber or unlit dark fiber located in the right-of-way that are not used to
provide telecommunications services for hire, sale or resale to the general public.
HH.VV."Private telecommunications system owner" means a person that owns or leases a private
telecommunications system.
II.WW. "Proposal" means the response, by an individual or organization, to a request by the City
regarding the provision of telecommunications services. "Proposal" also includes an unsolicited
plan submitted by an individual or organization seeking to provide telecommunications services in
the City. XX. “Public access” or "Public use" means access where organizations, groups, or
individual members of the general public, on a non-discriminatory basis, are the primary or
designated programmers or users having editorial control over their communications;
YY. “Public property” means ”City property” as defined herein.
ZZ. “Public Rights-of-Way” means ”right-of-way” as defined herein.
AAA. “Revocation” means the City’s affirmative act of terminating a Franchise
JJ.BBB."Right-of-way" means land acquired or dedicated for roads and public streets and
easements for which, under City ordinances and other applicable laws, the City has authority to
grant master permits, licenses or leases for use thereof, or has regulatory authority thereover, and
may be more specifically defined in the master permit, license or lease granting any right to or use
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thereof. "Rights-of-way" for the purpose of this Chapter do not include buildings, parks, poles,
conduits or similar facilities or property owned by or leased to the City, including, by way of
example and not limitation, structures in the right-of-way such as utility poles, and bridges.
CCC. "School" means any accredited primary School, secondary School, college, and university.
KK.DDD.“Service provider" means every corporation, company, association, joint stock
association, firm, partnership, or person owning, operating, or managing any facilities used to
provide and providing telecommunications or cable television service for hire, sale, or resale to the
general public. Service provider includes the legal successor to any such corporation, company,
association, joint stock association, firm, partnership, or person.
LL.EEE."State" means the State of Washington.
FFF. "Subscriber" means the City or any Person who is lawfully receiving, for any purpose or reason,
any cable service via a cable communications system with franchisee’s express permission, whether
or not a fee is paid for such service.
MM.GGG."Surplus space" means that portion of the usable space on a utility pole, or in a duct or
conduit which has the necessary clearance from other users, as required by federal or state orders
and regulations, to allow its use by a telecommunications carrier for a pole attachment or other
telecommunications facility.
NN.HHH."Telecommunications service" means the transmission of information by wire, radio,
optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public.
For the purposes of this Chapter, "information" means knowledge or intelligence represented by
any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this
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Chapter, "telecommunications service" excludes the over-the-air transmission of broadcast
television or broadcast radio signals.
OO.III."Telecommunications system" means a tangible facility that is used to provide one or more
telecommunications services, any portion of which occupies public rights-of-way. The term
"telecommunications system" by way of example, and not limitation, includes wires, equipment
cabinets, guys, conduit, radio transmitting towers, poles, other supporting structures and associated
and appurtenant facilities used to transmit telecommunications signals. The term
"telecommunications system" includes all devices mounted on electric utility poles in the public
rights-of-way through which telecommunications services are originated or terminated. A cable
system is not a telecommunications system to the extent that it provides only cable service and an
open video system is not a telecommunications system to the extent that it provides only video
services.
JJJ. “Termination” means the conclusion of a franchise by any means, including, but not limited to,
by expiration of its term, abandonment, or revocation.
KKK. “Transfer” means any transaction in which: (1) all or a portion of any facilities or any rights
to use or operate facilities located in the public rights-of-way are sold, conveyed, transferred,
assigned, encumbered (except as set forth herein) or leased, in whole or in part, directly or indirectly,
by one or more transactions to another person, whether voluntarily or by operation of law or
otherwise (but not including the sale of such facilities that are removed); or (2) there is any change,
acquisition, or transfer in the identity of the person in control of the franchisee, or any person that
controls franchisee, including, without limitation, by forced or voluntary sale, merger, consolidation,
or receivership; or (3) the rights or obligations under the franchise are sold, conveyed, transferred,
assigned, assumed, encumbered (except as set forth herein) or leased, in whole or in part, directly or
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indirectly, by one or more transactions to another person, whether voluntarily or by operation of law
or otherwise for purposes of clause (2) above, any transfer or cumulative transfer of a voting interest
by a person or group of persons acting in concert of twenty percent (20%) or more of franchisee, or
person that controls franchisee, or any change in the managing general partners of a franchisee is a
change of control. “Transfer” does not include: (1) a lease to a UVPP pursuant to 47 U.S.C. §§ 532
or 573; (2) the transmission of a commodity or electronic signal using facilities on a common carrier
basis; (3) a lease or other right to use a franchisee’s pole or conduit facilities pursuant to 47 U.S.C. §
224, or (4) a pledge in trust, mortgage or other encumbrance against the facilities or any portion
thereof, given to a bona fide institutional lender in connection with a loan or other financing required
to secure the construction, operation, or repair of the facilities (“Loan”), provided that such Loan is
subject to the rights and powers of the City pursuant to the franchise and applicable law, including,
without limitation, the right of the City to approve any transfer upon foreclosure. “Transferring,”
“transferor” and “transferee” shall have correlative meanings.
LLL. “Unaffiliated video program provider” (UVPP) means a Person or entity that does not have a
franchise but that delivers services using a cable service or other communications service (as that
term is used in 47 U.S.C. Section 542(h)) to subscribers for which charges are assessed to Subscribers
but are not received by a franchisee.
MMM. "Upstream channel" means a Channel designed and activated to carry transmissions from a
point on the cable communications system, other than the headend, to the headend or another point
on the cable communications system.
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QQ.NNN. "Usable space" means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state order or regulation.
RR.OOO."Use permit" means the legal authorization from the City, in addition to a master permit
or franchise, to enter and use a specified portion of the public rights-of-way for the purpose of
installing, repairing, or removing identified facilities.
PPP. “User” means a person or the City utilizing a channel, capacity or equipment and facilities for
purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of
a Subscriber.
SS.QQQ. "Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities,
excluding easements not specifically allowing license, franchise or lease holders.
TT.RRR."Utility facilities" means the plant, equipment and property, including but not limited to
the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or
above the surface of the ground within the rights-of-way of the City and used or to be used for the
purpose of providing utility and telecommunications services.
UU.SSS. "Working control" means the ability to affect management decisions. It will be presumed
that voting interest of 20 percent or more is considered working control within the meaning of this
Chapter.
. . . .
11.14.080 - Use permits required.
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Except as otherwise provided herein, a right-of-way license, master permit, franchise or lease
granted pursuant to this Chapter or otherwise authorized to use and occupy the public rights-of-
way, does not relieve the Grantee from its duty to comply with all the federal and state laws, and
City ordinances and regulations; and every Grantee must comply with the same. Likewise, the
rights granted under a permit are subject to the exercise of police and other powers the City now
has or may later obtain, including but not limited to the power of eminent domain. Every franchise
shall be deemed to incorporate all the requirements of the City Code.
Except as otherwise provided herein, the Grantee of a right-of-way license, master permit, franchise
or lease granted pursuant to this Chapter or otherwise authorized to use and occupy the public
rights-of-way, shall, in addition to said right-of-way license, master permit, franchise, lease, or grant
be required to obtain a use permit from the City pursuant to 11.08 PAMC before performing any
work in City rights-of-way. Pole attachments shall meet requirements of Chapter 13.14 PAMC. No
work, construction, development, excavation, or installation of any equipment or facilities shall
take place within the rights-of-way or upon City property until such time as the use permit is issued
except as provided in Titles 11 and 13 PAMC.
Construction, operation, or repair of any facilities authorized under this Chapter shall not commence
until all required permits have been obtained from the proper City officials and all required fees
have been paid. All work performed will be performed in strict accordance with the conditions of
the permit. Upon order of the City, any work and/or construction undertaken that is not completed
in compliance with the City’s requirements, or which is installed without obtaining necessary
permits and approvals shall be removed.
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. . . .
11.14.120 - Conditions of licenses, franchises, master permits and leases.
A. Purpose. A significant purpose of this Chapter is to set forth certain terms and conditions
which are common to all right-of-way licenses, master permits, franchises, and facilities leases.
Except as otherwise provided in this Chapter or in such a right-of-way license, master permit or
facilities lease, the provisions of this Chapter apply to all such right-of-way licenses, master permits
and facilities leases approved or granted by the City.
B. Rules and regulations of the City.
1. All grantees are required to provide copies of any applicable certificates that authorize the
grantee to provide telecommunications services as may be required by federal or state law.
2. All grantees are required to cooperate with the City and with each other.
(a) Each grantee shall meet with the City, other grantees and users of the rights-of-way annually
or as determined by the City to coordinate construction in the rights-of-way.
(b) All construction locations, activities and schedules shall be coordinated, as ordered by the
Director, to minimize public inconvenience, disruption or damages.
3. All grantees, before commencing any construction in the rights-of-way, shall comply with
all regulations of Chapter 19.122 RCW (One Call Locator Service).
4. The City reserves the right to require all grantees to provide written confirmation:
(a) Sufficient for customary land survey and land title insurance purposes concerning the
location of their facilities in rights-of-way; and
(b) Disclaiming any interest in rights-of-way where the grantees have no franchise to construct
or operate their facilities.
5. In addition to the inherent powers of the City to regulate and control any right-of-way
license, master permit or lease it issues and those powers expressly reserved by the City, or agreed
to and provided for in any right-of-way license, master permit or lease, the right and power is hereby
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reserved by the City to promulgate such additional regulations as it may find necessary in the
exercise of its lawful powers giving due regard to the rights of grantees.
6. Except as provided in this Chapter, the foregoing does not allow for amendment by the City
of material terms of any license, master permit or lease it issues without the consent of the grantee.
C. Acceptance. No right-of-way license, master permit or lease granted pursuant to the
provisions of this Chapter shall become effective unless and until the grantee files with the City
Clerk its written acceptance of the license, master permit or lease in a form satisfactory to the City
Attorney, together with the bonds and insurance policies required by this Chapter.
D. Safety requirements. Grantees, in accordance with applicable national, state and local safety
requirements, shall at all times employ ordinary care and shall install and maintain and use
commonly accepted methods and devices for preventing failures and accidents which are likely to
cause damage, injury or nuisance to the public. All structures and all lines, equipment and
connections in, over, under and upon the streets, sidewalks, alleys and rights-of-way or places of a
license, master permit or lease area, wherever situated or located, shall at all times be kept and
maintained in a safe, suitable condition, and in good order and repair. If a violation of the National
Electrical Safety Code or other applicable regulation is found to exist, the City may, after
discussions with the grantee, establish a reasonable time for a grantee to make necessary repairs. If
the repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from a grantee.
E. Insurance. Unless otherwise provided in a license, master permit or lease agreement, each
grantee, as a condition of the license, master permit or lease, shall secure and maintain the following
liability insurance policies insuring both the grantee and the City and its elected and appointed
officers, officials, agents and employees as co-insureds. Grantees qualified to do business with the
State of Washington, as self-insureds shall also meet the requirements listed below:
1. Insurance required. A franchisee (or those acting on its behalf) shall not commence
construction or operation of the system without obtaining insurance in amounts and of a type
satisfactory to the City. The required insurance must be obtained and maintained for the entire period
the franchisee has facilities in the public rights-of-way. If the franchisee, its contractors, or
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subcontractors do not have the required insurance, the City may order such entities to stop operations
until the insurance is obtained and approved.
2. Proof. Certificates of insurance, reflecting evidence of the required insurance and naming
the City as an additional insured, and other proofs as the City may find necessary, shall be filed with
the City. For persons issued franchises after the effective date of this Chapter, certificates and other
required proofs shall be filed within 30 days of the issuance of a franchise, prior to the
commencement of construction, once a year thereafter, and whenever there is any change in
coverage. For entities that have facilities in the public rights-of-way as of the effective date of this
Chapter, the certificate shall be filed within 60 days of the effective date of this Chapter, annually
thereafter, and whenever there is any change in coverage, unless a pre-existing franchise provides
for filing of certificates in a different manner. In the event that the insurance certificate provided
indicates that the insurance shall terminate or lapse during the term of the franchise, then in that
event, the cable communications system operator shall furnish, at least 30 days prior to the
expiration of the date of such insurance, a renewed certificate of Insurance as proof that equal and
like coverage has been obtained.
3. Certificate contents. All certificates shall contain a provision that provides the City and all
Additional Insureds for this work with written notice of any policy change or cancellation, within
two business days of their receipt of such notice. Policies shall be issued by companies authorized
to do business under the laws of the State of Washington. Financial ratings of the insurer shall be no
less than "A" VII or better in the latest edition of "Bests Key Rating Guide", published by A.M. Best
Guide.
4. Insurance amounts. A cable communications system operator (and those acting on its
behalf to construct or operate the system) shall maintain the following minimum insurance. The City
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shall be named as an additional insured by endorsement on the general liability and automotive
policies; those insurance policies shall be primary and contain a cross-liability clause.
(a). Comprehensive general liability insurance to cover liability, bodily injury, and property damage.
Exposures to be covered are: premises, operations, products/completed operations, and certain
contracts. Coverage must be written on an occurrence basis, with the following limits of liability of
not less than:
Each Occurrence Annual Aggregate
Bodily Injury $5,000,000 $5,000,000
Property Damage $5,000,000 $5,000,000
Personal Injury $5,000,000
Completed Operations and Products Liability shall be maintained for two years after the termination
of the franchise (in the case of the cable communications system owner or operator) or completion
of the work for the cable communications system owner or operator (in the case of a contractor or
subcontractor).
Property Damage Liability Insurance shall include coverage for the following hazards: X - explosion,
C - Collapse, U - underground.
(b). Worker’s Compensation insurance shall be maintained during the life of this contract to comply
with statutory limits for all employees, and in the case any work is sublet, each cable communications
system operator shall require the subcontractors similarly to provide workers' compensation
insurance for all the latter's employees unless such employees are covered by the protection afforded
by each cable communications system operator. Each cable communications system operator and its
contractors and subcontractors shall maintain during the life of this policy employers liability
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insurance. Workers’ compensation insurance shall include a waiver of subrogation clause in favor
of the City. The following minimum limits must be maintained:
Workers' Compensation ........ Statutory
Employer's Liability .............. $ 1,000,000 per Occurrence
(c). Comprehensive auto liability
Each Occurrence Annual Aggregate
Bodily Injury $3,000,000 $3,000,000
Property Damage $3,000,000 $3,000,000
coverage shall include owned, hired, and non-owned vehicles. In every franchise agreement the City
shall reserve the right to require any other insurance coverage it deems necessary depending upon
exposures.
45. Comprehensive form premises-operations, explosions and collapse hazard, underground
hazard and products completed hazard with limits of not less than $3,000,000.00.
5.6 The liability insurance policies required by this subsection shall be maintained by the
grantee throughout the term of the license, master permit, or lease, and such other period of time
during which the grantee is operating without a license, master permit, or lease hereunder, or is
engaged in the removal of its telecommunications facilities. Each such insurance policy shall
contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to
renew be stated until 90 days after receipt by the City, by registered mail, of a written notice
addressed to the Director of such intent to cancel or not to renew."
67. Within 60 days after receipt by the City of said notice, and in no event later than 30 days
prior to said cancellation or intent not to renew, the grantee shall obtain and furnish to the City
replacement insurance policies meeting the requirements of this subsection.
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F. General indemnification. No license, master permit or lease shall be deemed to be granted
under this Chapter unless it includes an indemnity clause substantially conforming to the following:
"The grantee hereby releases, covenants not to bring suit, and agrees to indemnify, defend and hold
harmless the City, its officers, employees, agents and representatives from any and all claims, costs,
judgments, awards or liability to any person, including claims by the grantee's own employees to
which the grantee might otherwise be immune under Title 51 RCW, arising from injury or death of
any person or damage to property, of which the negligent acts or omissions of the grantee, its agents,
servants, officers or employees in performing under this license, master permit, or lease are the
proximate cause."
The grantee further releases, covenants not to bring suit, and agrees to indemnify, defend, and hold
harmless the City, its officers and employees from any and all claims, costs, judgments, awards or
liability to any person including claims by the grantee's own employees, including those claims to
which the grantee might otherwise have immunity under Title 51 RCW, arising against the City
solely by virtue of the City's ownership or control of the rights-of-way or other public properties,
by virtue of the grantee's exercise of the rights granted herein, or by virtue of the City's permitting
the grantee's use of the City's rights-of-way or other public property, based upon the City's
inspection or lack of inspection of work performed by the grantee, its agents and servants, officers
or employees in connection with work authorized on the City's property or property over which the
City has control, pursuant to this license, master permit, or lease or pursuant to any other permit or
approval issued in connection with this license, master permit, or lease.
This covenant of indemnification shall include, but not be limited by this reference to, claims
against the City arising as a result of the negligent acts or omissions of the grantee, its agents,
servants, officers or employees in barricading, instituting trench safety systems, or providing other
adequate warnings of any excavation, construction or work in any public right-of-way or other
public place in performance of work or services permitted under this license, master permit, or
lease.
No franchise shall be valid or effective until and unless the City obtains an adequate indemnity from
the franchisee. The indemnity must:
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1. Release the City from and against any and all loss, damage, expense, cost (including without
limitation the cost of litigation), liability and responsibility in or arising out of the construction,
operation or maintenance of the cable communications system. Each cable communications system
operator must further agree not to sue or seek any money or damages from the City in connection
with the above mentioned matters.
2. Indemnify, hold harmless, and defend the City, its elected and appointed officers, agents, and
employees, from and against any and all liability, loss, damage, cost, claims, demands, or causes of
action of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees,
liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising
out of, or by reason of, or resulting from or of the acts, errors, or omissions of the cable
communications system operator, or its agents, independent contractors, officers or employees
related to or in any way arising out of the construction, operation or repair of the system.
3. Provide that the covenants and representations relating to the release, indemnification, and
hold harmless provision shall survive the term of the Franchise or other authorization and continue
in full force and effect as to the party’s responsibility to indemnify.
Inspection or acceptance by the City of any work performed by the grantee at the time of completion
of construction shall not be grounds for avoidance of any of these covenants of indemnification.
Said indemnification obligations shall extend to claims which are not reduced to a suit and any
claims which may be compromised prior to the culmination or the institution of any litigation.
In the event the grantee refuses the tender of defense in any suit or any claim, said tender having
been made pursuant to the indemnification clauses contained herein, and said refusal is
subsequently determined by a court having jurisdiction (or such other dispute resolution entity that
the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the
grantee, then the grantee shall pay all of the City's costs for defense of the action, including all
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reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City
of recovering under this indemnification clause.
The provisions of this subsection shall survive the expiration or termination of the franchise,
license, master permit or lease agreement. this license, master permit, or lease agreement.
Notwithstanding any other provisions of this subsection, the grantee shall assume the risk of damage
to its facilities located in the City's rights-of-way, rights-of-way and easements from activities
conducted by the City, its officers, agents, employees and contractors. The grantee shall release and
waive any and all claims against the City, its officers, agents, employees or contractors for damage
to or destruction of the grantee's facilities caused by or arising out of activities conducted by the
City, its officers, agents, employees and contractors, in the rights-of-way, rights-of-way and
easements subject to this license, master permit or lease, except to the extent any such damage or
destruction is caused by or arises from the negligence or willful conduct on the part of the City, its
officers, agents, employees or contractors.
The grantee shall further agree to indemnify, hold harmless, and defend the City against any claims
for damages, including, but not limited to, business interruption damages and lost profits, brought
by or under users of the grantee's facilities as the result of any interruption of service due to damage
or destruction of the user's facilities caused by or arising out of activities conducted by the City, its
officers, agents, employees or contractors, except to the extent any such damage or destruction
caused by or arising from the negligence or willful conduct on the part of the City, its officers,
agents, employees or contractors, to the extent allowed by law.
G. When required by the provisions, Ccash deposit/performance bond. Every grantee shall be
required to provide a cash deposit or performance bond to ensure the faithful performance of its
responsibilities. in accordance with the requirements of Chapter 11.08 PAMC.
H. Tree trimming. Upon ten 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 their branches
or leaves from touching or otherwise interfering with its wires. All trimming or pruning within
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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.
I. Location of facilities. All facilities shall be constructed, installed, and located in accordance
with the following terms and conditions, unless otherwise specified in a franchise, license, master
permit, or facilities lease:
1. Wherever a grantee has existing underground duct or conduit with capacity available,
grantee shall install its telecommunications facilities within such underground duct or conduit.
2. A grantee with permission to install overhead facilities shall install its telecommunications
facilities on pole attachments to existing utility poles only and then only if surplus space is available.
3. Whenever any existing electric utilities, cable system, or telecommunications facilities are
located underground within a right-of-way of the City, a grantee with permission to occupy the
same right-of-way must also locate its facilities underground.
4. Whenever any new or existing electricutilities, cable system, and/or telecommunications
facilities are located or relocated underground within a right-of-way of the City, a grantee that
currently occupies the same right-of-way shall, at its own expense, relocate its facilities
underground. Absent extraordinary circumstances or undue hardship as determined by the Director,
such relocation shall be made concurrently to minimize the disruption of the rights-of-way. No
extension granted by the Director under this subsection shall exceed a period of 12 months.
The Director may waive the requirements for location of facilities under this Subsection, if the
grantee demonstrates to the Director's satisfaction that such location requirements are commercially
unreasonable or if provisions of the grantee's tariff filed with the Washington Utilities and
Transportation Commission otherwise control.
J. Interference with City property and the rights-of-way. No grantee may locate or maintain
its telecommunications facilities to unreasonably interfere with the use of City property or the
rights-of-way by the City, by the general public or by other persons authorized to use or be present
in or upon the City property and rights-of-way. Unreasonable interference includes disruption to
vehicular or pedestrian traffic on City property or the rights-of-way, interference with other City
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utilities, and such other activities that will present a hazard to public health, safety or welfare when
alternative methods of construction would result in less disruption. All such facilities shall be
moved by the grantee, at the grantee's cost, temporarily or permanently, as determined by the
Director unless provisions of the grantee's tariff filed with the Washington Utilities and
Transportation Commission otherwise control. If any grantee's tariff or if a change in the state law
alters the responsibility for payment of relocation costs, then all affected grantees shall comply
therewith.
K. Damage to property. No grantee nor any person acting on a grantee's behalf shall take any
action or permit any action to be done which may impair or damage any City property, rights-of-
way of the City, other ways or other property, whether publicly or privately owned, located in, on
or adjacent thereto.
L. Damage to Facilities. Unless directly and proximately caused by the willful, intentional,
grossly negligent or malicious acts of the City, the City shall not be liable for any damage to or loss
of any telecommunications facility upon City property or within the rights-of-way of the City as a
result of or in connection with any public works, public improvements, construction, excavation,
grading, filling or work of any kind on such City property or within the rights-of-way by or on
behalf of the City.
M. Maintenance of facilities. Each grantee shall maintain its facilities in good and safe
condition and in a manner that complies with all applicable federal, state and local requirements.
N. Abandonment of facilities.
1. If the grantee abandons use of its cable, ducts or other facilities authorized under a license,
master permit, or lease, then the facilities shall be removed from the rights-of-way or City property
to the satisfaction of the City at the grantee's cost. In lieu of removal the City may permit the
improvements to be abandoned in place in such a manner as the City may prescribe. Upon
permanent abandonment, the grantee shall submit to the City a proposal and instruments for
transferring ownership to the City.
2. Upon revocation or termination of a license, master permit or lease, grantee shall to the
satisfaction of the City and, without cost or expense to the City, within ten calendar days remove
its facilities unless permitted by the City to be left in place in such manner as the City may prescribe.
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If grantee determines to remove such facilities, or any portion thereof, then grantee, at its sole
expense, shall restore the rights-of-way where disturbed by such removal under the supervision and
to the satisfaction of the City.
3. Any such facilities, which are not removed within 120 days of either such date of
termination or revocation or of the date the City issued a permit authorizing removal, whichever is
later, shall become the property of the City at the City's option. The grantee shall notify the City to
record facilities abandoned.
O. Emergency removal or relocation of facilities. The City retains the right and privilege to cut
or move any telecommunications facilities located within the rights-of-way or City property, as the
City may determine to be necessary, appropriate or useful in response to any public health or safety
emergency with imminent substantial harm to life or property. The City shall not be liable to any
service provider, non-service provider, or any other party for any direct, indirect or any other such
damages suffered by any person or entity of any type as a direct or indirect result of the City's
actions under this subsection.
P. Relocation of facilities.
1. The City may require service providers or non-service providers to relocate authorized
facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or
improvement of the right-of-way for the purposes of public welfare, health, or safety. The City shall
notify both service providers and non-service providers as soon as practicable of the need for
relocation and shall specify the date by which relocation shall be completed. In calculating the date
the relocation must be completed, the City shall consult with the affected service providers and non-
service providers and consider the extent of facilities to be relocated, the service's requirements,
and the construction sequence for the relocation, within the City's overall project construction
sequence and constraints, to safely complete the relocation. Each service provider and non-service
provider shall complete the relocation by the date specified, unless the City establishes a later date
for completion, after a showing by the service provider or non-service provider that the relocation
cannot be completed by the date specified using best efforts in meeting safety and service
requirements.
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2. A service provider may not seek reimbursement for its relocation expenses from the City
under paragraph 1. of this subsection except in the limited circumstances as strictly provided for in
RCW 35.99.060.
3. The City may require the relocation of facilities at the service provider's or non-service
provider's expense in the event of an unforeseen emergency that creates an immediate threat to the
public safety, health, or welfare.
4. A cable communications system operator shall, by a time specified by the City, protect,
support, temporarily disconnect, relocate, or remove any of its property when required by the City
by reason of traffic conditions; public safety; public rights-of-way construction and repair (including
regrading, resurfacing or widening); public right-of-way vacation; construction, installation or
repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of
government-owned system or utility, public work, public facility, or improvement; or for any other
purpose where the work involved would be aided by the removal or relocation of the cable
communications system. Collectively, such matters are referred to below as the "Public Work."
5. Except in the case of emergency, the City shall provide written notice describing where the
public work is to be performed at least one week prior to the deadline by which a cable
communications system operator must protect, support, temporarily disconnect, relocate or remove
its facilities. Such action on the part of the franchisee shall be undertaken at no cost to the City.
Provided that, in an emergency, or where a cable communications system creates or is contributing
to an imminent danger to health, safety, or property, the City may protect, support, temporarily
disconnect, remove, or relocate any or all parts of the cable communications system without further
notice, and charge the cable communications system operator for costs incurred.
Q. Movement for others.
1. To accommodate the construction, operation, or repair of the facilities of another person
authorized to use the public rights-of-way or public property, a franchisee shall, by a time specified
by such person, protect, support, temporarily disconnect, temporarily relocate or remove its
facilities. The franchisee must be given written notice describing where the construction, operation
or repair is to be performed at least fifteen (15) days prior to the time by which its work must be
completed. The City may resolve disputes as to responsibility for costs associated with removal,
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relaying, or relocation of facilities among entities authorized to install facilities in the streets or on
public property if such entities are unable to do so themselves.
2. A cable communications system operator shall, on the request of any person holding a valid
permit issued by a governmental authority, temporarily raise or lower its wires by a time specified
to permit the moving of buildings or other objects. A cable communications system operator shall
be given not less than seven (7) days advance notice to arrange for such temporary wire changes.
The expense of such temporary removal, relaying, relocation, or raising or lowering of wires shall
be paid by the person requesting the same.
QR. Removal of unauthorized facilities. Within 30 days following written notice from the City,
any grantee that owns, controls or maintains any unauthorized telecommunications system, facility
or related appurtenances within the rights-of-way or City property shall, at its own expense, remove
such facilities or appurtenances from the rights-of-way or City property. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
1. Upon expiration or termination of the grantee's license, master permit, or lease.
2. Upon abandonment of a facility within the rights-of-way or City property. Any property of
a grantee shall be deemed abandoned if left in place 90 days after expiration or termination of a
license, master permit or lease.
3. If the system or facility was constructed or installed without prior grant of a license, master
permit or lease, unless said system or facility was constructed or installed prior to the effective date
of this Chapter.
4. If the system or facility was constructed or installed without prior issuance of a required
construction permit or use permit.
5. If the system or facility was constructed or installed at a location not permitted by the
grantee's license, master permit, or lease.
The City may, in its sole discretion, allow a grantee, or other such persons who may own, control
or maintain telecommunications facilities within the rights-of-way or City property to abandon such
facilities in place. No facilities of any type may be abandoned in place without the express written
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consent of the City. Any plan for abandonment or removal of a grantee's facilities must be first
approved by the Director, and all necessary permits must be obtained prior to such work.
Upon permanent abandonment of the facilities in place, at the City's option, the property shall
become that of the City, and the grantee shall submit to the Director an instrument in writing, subject
to approval by the City Attorney, transferring to the City the ownership of such facilities. The
provisions of this subsection shall survive the expiration, revocation, or termination of a license,
master permit or lease granted under this Chapter or under any other city approval.
R.S. Failure to remove or relocate. If a grantee is required to remove, relocate, change or alter
the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do
so, the City may cause such to occur and charge the grantee for the costs incurred.
S.T Duty to provide information. Within 30 days of a written request from the City, each grantee
shall furnish the City with information sufficient to demonstrate:
1. That grantee has complied with all requirements of this Chapter.
2. That all sales, utility and/or telecommunications taxes due the City in connection with the
telecommunications services and facilities provided by the grantee have been properly collected
and paid by the grantee.
3. All books, records, maps and other documents, maintained by the grantee for its facilities
within the rights-of-way shall be made available for inspection by the City at reasonable times and
intervals.
Nothing in this subsection shall be construed to require a grantee to violate state or federal law
regarding subscriber privacy, nor be construed to require a grantee to disclose proprietary or
confidential information without adequate safeguards for its confidential or proprietary nature or
unless required by State law.
T.U Facilities maps. Each Grantee shall maintain accurate maps and improvement plans which
show the location, size, and a general description of all facilities installed in the public rights-of-way
and any power supply sources (including voltages and connections). Maps shall be based upon post-
construction inspection to verify location. Each Grantee shall provide a map to the City showing the
location of its facilities, in such detail and scale as may be directed by the City Public Works Director
and update the map annually and whenever the facility expands or is relocated. Copies of maps shall
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be provided in hard copy and on disk, in a commercially available electronic format specified by the
City Public Works Director.
U.V Assignments or transfers of grant. Working control of a right-of-way license, master permit
or lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger,
consolidation or other act of the grantee, by operation of law or otherwise, without the prior written
consent of the City, which consent shall not be unreasonably withheld or delayed except as provided
by ordinance and then only on such reasonable conditions as may be prescribed therein.
1. The grantee and the proposed assignee or transferee of the grant or system shall provide and
certify the following information to the City not less than 45 days prior to the proposed date of
transfer:
(a) Complete information on the nature, terms and condition of the proposed transfer or
assignment.
(b) All information required of a license, master permit or lease applicant pursuant to PAMC
11.14.100 with respect to the proposed transferee or assignee.
(c) All deposits or charges and application fees required pursuant to this Chapter.
2. Unless otherwise provided in a license, master permit or lease, the grantee shall reimburse
the City for all direct and indirect costs and expenses reasonably incurred by the City in considering
a request to transfer or assign a license, master permit or lease. No assignment or transfer shall be
deemed approved until all such costs and expenses have been paid.
3. Any transfer or assignment of a license, master permit or lease without prior written
approval of the City under this subsection or pursuant to a license, master permit or lease agreement
shall be void and is cause for revocation of the grant.
V.W. Transactions affecting control of grant. Any transactions, which singularly or collectively
result in a change of working control of the grantee or the working control of a telecommunications
system, shall be considered an assignment or transfer requiring City approval pursuant to PAMC
11.14.100. Transactions between affiliated entities are not exempt from City approval unless said
affiliated entities are named in the initial application.
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A grantee shall within ten (10) calendar days notify the City prior to any proposed change in,
transfer of, or acquisition by any other party of control of a grantee's company. Every change,
transfer, or acquisition of control of a grantee's company shall cause a review of the proposed
transfer. In the event the City denies its consent and such change, transfer or acquisition of control
has been effected, the City may cancel the license, master permit or lease. Approval shall not be
required for mortgaging purposes or if said transfer is from a grantee to another person or entity
controlling, controlled by, or under common control with a grantee.
W.X. Revocation or termination of grant. A license, master permit, or lease granted by the City to
use or occupy rights-of-way or City property may be revoked for the following reasons:
1. Construction or operation in the rights-of-way or City property without a license, master
permit, or lease grant of authorization.
2. Construction or operation at an unauthorized location.
3. Any interconnection with the telecommunications facilities of other telecommunications
carriers, operators and providers that are not properly licensed or permitted by the City.
4. Unauthorized substantial transfer of control of grantee.
5. Unauthorized assignment of a license, franchise, master permit, or lease.
6. Unauthorized sale, assignment or transfer of a grantee's license, master permit, or lease,
assets, or a substantial interest therein.
7. Misrepresentation by or on behalf of a grantee in any application or written or oral statement
upon which the City relies in making the decision to grant, review or amend any license, master
permit, or lease pursuant to this Chapter.
8. Abandonment of telecommunications facilities in the rights-of-way or upon City property.
9. Failure to relocate or remove facilities as required in this Chapter.
10. Failure to pay taxes, compensation, fees or costs when and as due the City.
11. Insolvency or bankruptcy of the grantee.
12. Violation of any material provision of this Chapter.
13. Violation of the material terms of a license, master permit, or lease agreement.
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14. Violation of any state or federal law relating to use of public rights-of-way by service
providers.
15. Violation of any applicable state or federal safety laws and standards.
16. Violation of any applicable City ordinances, construction codes, regulations or standards.
17. Failure to cooperate with the City to ensure that facilities are installed, maintained, repaired
and removed within the right-of-way in such a manner and at such points so as to not inconvenience
the public use of the right-of-way or to adversely affect the public health, safety and welfare.
18. Failure to obtain a required use permit or right-of-way construction permit before
constructing, installing, maintaining, repairing or removing identified facilities.
X.Y. Notice and duty to cure. In the event that the Director believes that grounds exist for
revocation of a license, master permit or, lease, or franchise, the City shall notify franchisee or
grantee in writing of any alleged violation (“Violation Notice”) of a franchise or this Chapter. The
violation notice shall: (1) identify the violation; (2) direct the franchisee or grantee to cure the
violation or show cause why the violation cannot or should not be cured; and (3) state the time for
the franchisee or grantee’s response, which shall be at minimum thirty (30) days from the date of
issuance of the violation notice, except for violations that present a danger to public health, safety or
welfare, in which case the time for response may be shortened.
, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:
Within the time period designated for response the franchisee or grantee shall respond in writing to
the City indicating that: (1) the franchisee or grantee contests the violation notice and describing all
facts relevant to its claim; or (2) the franchisee or grantee has completely cured the violation, in
which case the franchisee or grantee shall provide documentation demonstrating that the violation
has been completely cured; or (3) the franchisee or granteehas begun to correct the violation;
however, the violation cannot be corrected immediately despite the cable communications system
operator’s continued due diligence, in which case the franchisee or grantee shall describe in detail
the steps already taken and operator’s proposed plan and time schedule for completely curing the
violation. Correction of the violation is not complete until all damages and penalties owed are paid
in full.
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Y.Z. Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the
Director as provided in PAMC 11.14.120.X, the Director shall refer the apparent violation or non-
compliance to the Council City’s Hearing Examiner for action to revoke in accordance with the
provisions of PAMC 11.14.120.Z. The City shall provide the grantee with notice and a reasonable
opportunity to be heard concerning the matter. If the franchisee or granteecontests the violation
notice or the City determines that the franchisee or grantee has failed to completely cure the
violation, to submit an acceptable plan to cure the violation, or to work diligently to cure the
violation, the City shall schedule a hearing before the City’s Hearing Examiner (“violation
hearing”). The City shall provide cable communications system operator written notice of the
violation hearing at least twenty (20) days prior to the hearing (“Hearing Notice”).
AA. The hearing notice shall indicate: (1) the time and place of the Violation Hearing; (2) the
nature of the violation; and (3) the franchisee or grantee right to present oral and written testimony
at an open and public meeting.
BB. At the violation hearing, the City’s Hearing Examiner shall hear and consider evidence from
the franchisee or grantee, City staff and members of the public regarding the alleged violation. The
franchisee or grantee,shall be given an opportunity to present any and all evidence relating to the
alleged violation.
CC. If, based upon the evidence presented at the violation hearing, the City’s Hearing Examiner
finds that the franchisee or granteehas violated its franchise, this Chapter or any applicable state or
federal law, the City’s Hearing Examiner may issue an order assessing liquidated damages if
provided for by the franchisee or granteefranchise, or, subject to Section 1.14.2 of this Chapter and
the terms of the franchisee or grantee’s franchise, revoke or shorten the franchise.
DD. Revocation and termination. The City’s Hearing Examiner may revoke a franchise or reduce
the term of a franchise if it finds, after complying with procedures set forth above, that a franchisee
or granteehas violated this Chapter or its franchise; has defrauded or attempted to defraud the City
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or subscribers; or has attempted to evade the requirements of this Chapter or its franchise. Except as
to violations that are impossible to cure, and as provided in PAMC 11.14.120, the franchise may only
be revoked if the franchisee (A) was given notice of the default; and (B) was given 30 days to cure
the default; and (C) the franchisee failed to cure the default, or to propose a schedule for curing the
default acceptable to the City where it is impossible to cure the default in 30 days.
EE. Exception for certain acts. No opportunity to cure is required for repeated violations, and
fraud and attempted fraud shall be deemed incurable. Further, the City may declare a franchise
forfeited without opportunity to cure where a franchisee (A) voluntarily stops providing service it is
required to provide; or (B) transfers the franchise without the prior consent of the City.
FF. Exception for bankruptcy. A franchise will terminate automatically by force of law 120
calendar days after an assignment for the benefit of creditors or the appointment of a receiver or
trustee to take over the business of the franchisee, whether in a receivership, reorganization,
bankruptcy assignment for the benefit of creditors, or other action or proceeding. However, the
franchise may be reinstated within that 120 day period, if: (A) such assignment, receivership or
trusteeship has been vacated; or (B) such assignee, receiver or trustee has fully complied with the
terms and conditions of this Chapter and the franchise, and has executed an agreement, approved by
any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this
Chapter and the franchise. In the event of foreclosure or other judicial sale of any of the facilities,
equipment or property of a franchisee, the City may revoke the franchise following a public hearing
before the City’s Hearing Examiner by serving notice upon the franchisee and the successful bidder
at the sale, in which event the franchise and all rights and privileges thereunder will be revoked and
will terminate 30 calendar days after serving such notice, unless: (A) the City has approved the
transfer of the franchise to the successful bidder; and (B) the successful bidder has covenanted and
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agreed with the City to assume and be bound by the terms and conditions of the franchise and this
Chapter and the obligations and liabilities of its predecessor franchisee.
GG. Effect of termination or forfeiture. Upon termination or forfeiture of a franchise, whether by
action of the City as provided above, or by passage of time, the franchisee must stop using the cable
communications system for the purposes authorized by the franchise. The City may take possession
of some or all of franchisee's facilities, or require the franchisee or its bonding company to remove
some or all of the franchisee's facilities from the City, and restore affected property to its same or
better condition. This provision does not permit the City to remove facilities that are used to provide
any non-cable service for which the franchisee holds a valid franchise issued by the City or for which
the franchisee is otherwise authorized by operation of State law to use the public rights-of-way to
provide.
HH. Remedies cumulative. Remedies provided for under this Chapter or under a franchise shall
be cumulative. Recovery by the City of any amounts under insurance, the performance bond, the
security fund or letter of credit, does not limit a franchisee’s duty to indemnify the City; or relieve a
franchisee of its franchise obligations or limit the amounts owed to the City.
Z.II. Standards for revocation or lesser sanctions. If the Council City’s Hearing Examiner
determines that a grantee willfully violated or failed to comply with any of the provisions of this
Chapter or a license, franchise or lease granted under this Chapter, or through willful misconduct
or gross negligence failed to heed or comply with any notice given the grantee by the City under
the provisions of this Chapter, then the grantee shall, at the election of the City Council, forfeit all
rights conferred hereunder and the license, master permit, or lease may be revoked or annulled by
the Council. The Council may elect, in lieu of the above and without any prejudice to any of its
other legal rights and remedies, to pursue other remedies, including obtaining an order from the
superior court having jurisdiction compelling the grantee to comply with the provisions of this
Chapter and any license, master permit, or lease granted hereunder, and to recover damages and
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costs incurred by the City by reason of the grantee's failure to comply. The Council shall utilize the
following factors in analyzing the nature, circumstances, extent and gravity of the violation and in
making its determination:
1. Whether the misconduct was egregious.
2. Whether substantial harm resulted.
3. Whether the violation was intentional.
4. Whether there is a history of prior violations of the same or other requirements.
5. Whether there is a history of overall compliance.
6. Whether the violation was voluntarily disclosed, admitted or cured.
AA. JJ. Incorporation by reference. The provisions of this Chapter shall be incorporated by
reference in any license, master permit or lease approved hereunder. The provisions of any proposal
submitted and accepted by the City shall be incorporated by reference in the applicable license,
master permit, or lease. In the event of any conflict between the proposal, this Chapter, and the
license, master permit, or lease, the license, master permit or lease shall be the prevailing document.
. . . .
Section 3. The Port Angeles Municipal Code is hereby amended by adding a new Section, to
be known as Section 11.14.140, “General Provisions Applicable to All Grantees,” to read as
follows:
11.14.140 - General Provisions Applicable to All Grantees.
A. The captions to sections throughout this Chapter are intended solely to facilitate reading and
reference to the sections and provisions of this Chapter. Such captions shall not affect the meaning
or interpretation of this Chapter.
B. Calculation of time. Unless otherwise indicated, when the performance or doing of any act,
duty, matter, or payment is required under this Chapter or any franchise, and a period of time or
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duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be
computed so as to exclude the first and include the last day of the prescribed or fixed period of time.
C. Severability. If any term, condition, or provision of this Chapter shall, to any extent, be held
to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder
hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent
change in applicable law so that the provision which had been held invalid is no longer invalid, said
provision shall thereupon return to full force and effect without further action by the City and shall
thereafter be binding on the franchisee and the City.
Section_4. The Port Angeles Municipal Code is hereby amended by adding a new Section to be
known as 11.14.150, “Applicability” to read as follows:
11.14.150. Applicability.
A. Sections 11.14.010 through 140 apply to franchises and cable communications system as
well as right-of-way licenses, master permits, use permits, and facilities leases. Sections 11.14.160,
170, 180 and 190 of this ordinance, are additional provisions that apply specifically to cable
communications systems. With regard to cable system franchises, in the event there is any conflict
or apparent conflict between sections 11.14.010 through 140 and sections 11.14.160 through 180, the
provisions in sections 11.14.160 through 190 shall control.
Section_5. The Port Angeles Municipal Code is hereby amended by adding a new Section to be
known as 11.14.160, to read as follows:
11.14.160 – Television Cable Franchise required.
A. Franchise required. No person may construct or operate a cable communications system in
the City without first obtaining a grant of a franchise from the City pursuant to this Chapter.
B. Exceptions to Franchise requirement. The following Persons or entities shall not be required
to obtain a Franchise under this Title:
1. The City of Port Angeles
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2. A UVPP that is only delivering cable service or other communications service to
subscribers.
C. Failure to obtain a Franchise. Consistent with the requirements of due process, any person
who constructs or operates a cable communications system in the City without first obtaining a
franchise as required by this Chapter may, in the City's discretion, be subject to:
1. Forfeiture, by operation of law, of the person's cable communication system located in the
public rights-of-way that are not authorized by an existing franchise; and/or
2. A requirement that the cable communication system be removed, at such person’s cost, and
that penalties and damages allowed by law be paid.
D. Existing Franchises. Grantees of franchises existing as of the effective date of this Chapter
shall, in addition to all the obligations and duties prescribed by the terms of their existing franchises,
be subject to the substantive and procedural requirements herein, except as prohibited by applicable
law. Nothing herein is intended to invalidate a lawful, existing franchise or to waive any obligations
imposed by such a franchise, or deny any existing franchisee of any contractual or other rights it
may have with respect to its existing franchise. Notwithstanding the foregoing, provisions of this
Chapter that expressly refer to a “franchise granted pursuant to this Chapter” shall not apply to
franchises initially granted prior to the effective date of this Chapter.
E. Form of Franchise. A franchise shall be issued in the form of written agreement, approved
by resolution of the City Council, and must be accepted by the franchisee to become effective.
F. Filing an Application. A person seeking to (1) obtain a franchise; (2) transfer a franchise: (3)
extend the term of an existing franchise; (4) renew a franchise; or (5) modify an existing franchise to
add new services that are required to be authorized by a franchise pursuant to this Chapter, shall submit
a signed original of its application and six (6) copies to the City Clerk. The application must conform
to all of the requirements of this Chapter. Requests for other types of franchise modifications may be
processed by the City without an application, and submitted for approval. However, nothing herein
shall prevent the City from requiring an application in the event the City determines, based on the
nature of the requested modification, that the public interest would best be served by the submission of
an application pursuant to this Chapter.
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G. Application fee.
1. Reasonable Costs. An Applicant shall pay all reasonable costs
incurred by the City related to the processing of any application. Costs shall include, but not be limited
to, the costs of services rendered by any City employee, agent or representative, including consultants
and attorneys. [Note: Under the FCC’s Video Franchising Order, the operator can probably offset
these costs against franchise fees owed.]
2. The initial deposit of the application fee for the consideration of an application for issuance,
renewal, transfer, or modification of a franchise shall be in the amount of $5,000.00, which deposit
shall be submitted with the application. The City of Port Angeles may, as costs are incurred, draw
upon the deposit to recover its administrative costs, including, but not limited to, the reasonable cost
of outside consultants retained by the City related to the City’s consideration and processing of a
franchise. The City, at any time, may require the applicant to deposit additional sums if it appears that
the initial deposit or subsequent deposits will be exhausted prior to the final action by the City relating
to the consideration by the City of an application for issuance, renewal, transfer, or modification of a
franchise. The applicant will not be entitled to further consideration by the City of Port Angeles of its
requested action until such time as the additional deposit required by the City has been deposited with
the City. In the event the amount of the deposit of an applicant is in excess of the amount of the
administrative expenses of the City related to the action requested, the applicant shall be entitled to a
return of any such excess amount. In addition, an applicant that is awarded a franchise shall pay the
City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection
with the granting of a Franchise or License. Such payment shall be made to the Treasurer of the City
within 30 days after the City furnishes the Franchisee or Licensee with a statement of such expenses.
H. Nature of Franchise.
1. Scope. A franchise granted pursuant to this Chapter shall authorize and permit a franchisee
to construct, operate, maintain and repair a cable communications system, or an OVS to provide
cable service in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct,
maintain facilities appurtenant to such system in, on, over, under, upon, across, and along the public
rights-of-way, and along such other public property that the City may authorize a franchisee to use.
Rights granted may not be subdivided or subleased.
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2. Nothing passes by implication. A franchise shall not convey rights other than as expressly
stated in a franchise agreement; no rights shall pass by implication.
3. Franchise not in lieu of other authorizations. A franchise shall not include, or be a substitute
for:
(a). compliance with requirements for the privilege of transacting and carrying on a business
within the City, including, but not limited to, complying with the conditions the City may establish
before constructing facilities for, or providing, non-cable services;
(b). any permit, agreement or authorization required in connection with operations on or in
public rights-of-way or public property, including by way of example and not limitation, permits for
construction, repair and maintenance activities in the right-of-way;
(c). any permits or agreements for occupying any other property of the City or private entities
to which access is not specifically granted by the franchise.
4. Franchise not a grant of property rights. A franchise does not convey title, equitable or legal,
in the public rights-of-way.
5. Franchise non-exclusive. No franchise shall be exclusive, or prevent the City from issuing
other franchises or authorizations, or prevent the City from itself constructing, operating, or
repairing its own cable communications system with or without a franchise.
6. Franchise term. Every franchise shall be for a term of years, which term shall be 10 years,
unless a franchise specifies otherwise.
7. Costs borne by franchisee. Unless otherwise specifically stated in a franchise, or required
by law, all acts which a franchisee is required to perform under the franchise or applicable law must
be performed at the franchisee’s expense.
8. Failure to perform. If a cable communications system operator fails to perform work that it
is required to perform within the time provided for performance, the City may perform the work and
bill the operator therefor. The operator shall pay the amounts billed within 30 days.
I. Administration of ordinance; adoption of regulations.
1. Adoption of regulations. The City of Port Angeles may from time to time adopt regulations,
including but not limited to Customer Service Standards, to implement the provisions of this
Chapter. This Chapter, and any regulations adopted pursuant to this ordinance, are not contracts
with any franchisee, and may be amended at any time.
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2. Delegation. The City Manager or his/her designees are hereby authorized to administer the
provisions of this Chapter and any franchise issued pursuant thereto, and to provide any notices
(including noncompliance notices) and to take any action on the City’s behalf that may be required
hereunder or under applicable law.
3. No waiver. The failure of the City, upon one or more occasions, to exercise a right or to
require compliance or performance under a franchise or any other applicable law shall not be
deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such
right has been specifically waived in writing.
4. Administration of Public, Educational and Government Access. The City may designate one
or more entities, including itself, to control and manage the use of public, educational and
governmental access channels, facilities and equipment.
J. Transfers.
1. Prior approval required. Every Franchise shall be deemed to be held in trust, and to be
personal to the Franchisee. Any Transfer that is made without the prior approval of the City shall
be deemed invalid and a material violation of the franchise.
2. Exception for mortgages. Notwithstanding any other provision of this Chapter, pledges in
trust or mortgages of the assets of a cable communications system to secure the construction,
operation, or repair of the system may be made without application and without the City’s prior
consent. However, no such arrangement may be made without the City’s prior consent if it would
in any respect under any condition: (A) prevent the cable communications system operator or any
successor from complying with the franchise or applicable law; or (B) permit a third party to
succeed to the interest of the operator, or to own or control the system, without the prior consent of
the City. Any mortgage, pledge or lease shall be subject to and subordinate to the rights of the City
under any franchise, this Chapter, or other applicable law.
3. Transferee Acceptance Required. No City consent to a transfer shall be valid unless the transferee
has, in writing, accepted and agreed to abide by all of the terms and conditions of the franchise and
this Chapter and to assume all obligations and liabilities thereunder, whether arising before or after
the date of transfer, of its predecessor franchisee.
K. General conditions upon construction, operation and repair and use of the public rights-of-
way.
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1. Franchisee must follow local rules. The construction, operation, and repair of cable
communications systems shall be performed in compliance with Chapters 13.10, 13.12, and 13.14
PAMC, and applicable provisions of PAMC Title 11, and all other applicable laws, ordinances,
departmental rules, regulations, and practices affecting such system. By way of example, and not
limitation, local rules include zoning and safety codes, construction standards, regulations for
providing notice to persons that may be affected by system construction, and directives governing
the time, place and manner in which facilities may be installed, repaired, and maintained in the
public rights-of-way. Persons engaged in the construction, operation, or repair of communications
facilities shall exercise reasonable care in the performance of all their activities and shall use
commonly accepted methods and devices for preventing failures and accidents that are likely to
cause damage, injury, or nuisance to the public or to property.
2. No permit without Franchise. A franchise is required before a permit may be issued for
work associated with the construction, maintenance, or operation of a cable communications system.
Any permit issued for such work to a person providing cable service that does not hold a franchise
shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall
remove all facilities installed under the permit upon the City’s demand.
3. No interference. Interference with the use of the public rights-of-way by others, including
others that may be installing cable communications systems, must be minimized. The City may
require a person using the public rights-of-way to cooperate with others through joint trenching and
other arrangements to minimize adverse impacts on the public rights-of-way.
4. Plans For and Publicizing Work. Work shall be publicized as the City may direct from time
to time. The publication of work may be used to notify the public and operators of other
communications systems, of the impending work, in order to minimize inconvenience and
disruption to the public.
(a). Each cable communications system operator shall provide the City a plan for any initial
system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall
show its timetable for construction of each phase of the project, and the areas of the City that will
be affected.
(b). The City may from time to time, when the City receives an application for a permit to use
a particular route, or upon the City’s own initiative, designate by published order a route or
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proposed route for installation of cable communications system facilities and may (1) require all
persons who wish to emplace underground facilities along that route or any part thereof to install
them during a specified period, and (2) otherwise prohibit emplacement of such facilities along the
route or any part thereof for 24 months or after such other, longer period as is necessary to protect
the public interest.
5. Prompt repairs. Any and all public rights-of-way, other public property, or private property
that is disturbed or damaged during the construction, operation, maintenance or repair of a cable
communications system shall be promptly repaired by the operator at the operator’s cost. Public
property and public rights-of-way must be restored to the satisfaction of the City and to a condition
as good or better than before the disturbance or damage occurred. No tree trimming shall be
performed without the permission of the City and other affected authorities, and any tree trimming
must be performed in strict accordance with the City Code.
6. System subject to inspection. Every cable communications system shall be subject to
inspection and testing by the City. Each operator must respond to requests for information regarding
its system and plans for the system as the City may from time to time issue, including requests for
information regarding its plans for construction, operation and repair and the purposes for which the
plant is being constructed, operated, or repaired.
7. Underground services alert. Each operator of a cable communications system that places
facilities underground shall be a member of the regional notification center for subsurface
installations (Utility Notification Center) and shall field mark the locations of its underground
communications facilities upon request. The operator shall identify the location of its cable
communication system for the City at no charge.
8. Plan for construction. Every franchisee shall specify for the City a construction schedule
that will apply to any required construction, upgrade, or rebuild of the cable communications system.
The schedule shall provide for the prompt completion of the project, and shall show its timetable
for construction of each phase of the project, with benchmarks for deliverables and the areas of the
City that will be affected. The City shall have the right to impose penalties on the operator for a
failure to meet the accepted timetable and benchmarks
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9. Use of facilities by the City. The City shall have the right to install and maintain, free of
charge, upon any poles or in any conduit owned by a franchisee, any wire and pole fixtures that do
not unreasonably interfere with the Cable service operations of the franchisee
10. Construction bond. Every operator of a cable communications system shall obtain and
maintain a bond to ensure the faithful performance of its responsibilities under this Chapter and any
franchise. The amount of the bond shall be set in the City franchise, but shall not be less than 10
percent(10%) of the estimated cost of constructing a new system (in the case of a new build) and
shall include a sufficient amount to cover the removal of facilities and/or restoration of City facilities
within the right-of-way. In the case of an existing system the bond shall not be less that $250,000
and shall also include a sufficient amount to cover the removal of facilities and/or restoration of City
facilities within the right-of-way. The bond is not in lieu of any additional bonds that may be required
through the permitting process. The bond shall be in a form acceptable to the City Attorney. Bonds
must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a
franchise specifically provides otherwise.
11. Security fund. Every cable communications system operator shall establish and maintain a
cash security fund or provide the City an irrevocable letter of credit in the amount of $100,000 to
secure the payment of fees owed, to secure any other performance promised in a franchise, and to
pay any taxes, fees, penalties or liens owed to the City. The letter of credit shall be in a form and
with an institution acceptable to the City. Should the City draw upon the cash security fund or letter
of credit, the cable communications system operator shall, within 10 days, restore the fund or the
letter of credit to the full required amount. This security fund/letter of credit may be waived or
reduced by the City for a franchisee where the City determines in its discretion that a particular
franchisee's operations are sufficiently limited that a security fund/letter of credit is not necessary to
secure the required performance. The City may from time to time require a franchisee to change the
amount of the required security fund/letter of credit to reflect changed risks to the City and to the
public, including delinquencies in taxes or other payments to the City. The cash security fund or
letter of credit must be obtained prior to the effective date of any franchise, transfer or franchise
renewal, unless a franchise specifically provides otherwise.
L. Books and Records.
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1. Generally. Each cable communications system operator shall provide the City access to, and
permit copying of, books and records related in whole or in part to the construction, operation, or
repair of the cable communications system, or a group of systems of which the system is a part that
may be relevant to the City’s monitoring and enforcement of the operator’s franchise or this Chapter,
so that the City may inspect and copy these books and records. The records shall include, but are not
limited to, revenue records and other records related to compliance with any provision of this Chapter
or a franchise. A franchisee is responsible for obtaining or maintaining the necessary possession or
control of all such books and records, so that it can produce the documents upon request. Books and
records must be maintained for a period of 5 years, except that a franchise may specify a shorter
period for certain categories of voluminous books and records where the information contained
therein can be derived simply from other materials. The phrase "books and records" shall be read
expansively to include information in whatever format stored.
2. Production. Books and records requested shall be produced to the City by a time and at a
location in the City designated by the City Manager. However, if the requested books and records
are too voluminous, or for security reasons the franchisee reasonably believes they cannot be copied
and moved, then the franchisee may request that the inspection and, if necessary, copying take place
at some other location mutually agreed to by the City and the franchisee, provided that (1) the
franchisee must make necessary arrangements for copying documents selected by the City after its
review; and (2) the franchisee must pay all travel and additional copying expenses incurred by the
City (above those that would have been incurred had the documents been produced in the City) in
inspecting those documents or having those documents inspected by its designee.
M. Reports.
1. Obligation to submit. The City Manager may from time to time direct a franchisee to prepare
reports and to submit those reports by a date certain, in a format prescribed by the City Manager, in
addition to those required by this Chapter.
2. Annual reports. Unless an exemption is granted by the City Manager, no later than 90 days
after the end of the operator’s fiscal year, a franchisee shall submit the following information:
(a). A fully audited or certified revenue report from the previous calendar year for the cable
communications system, and a certified statement setting forth the computation of gross revenues
used to calculate the franchise fee for the preceding year and a detailed explanation of the method of
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computation showing (i) gross revenues by category (e.g., basic service, pay, pay-per-view,
advertising, installation, equipment, late charges, miscellaneous, other); and (ii) what, if any,
deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits
and refunds), and the amount of each deduction.
(b). A report showing the following on a quarterly basis for the most recently completed fiscal
year:
(i). the number of service calls (calls requiring a truck roll) received during the prior quarter
and the percentage of service calls compared to the subscriber base; and
(ii). the total estimated hours of known outages as a percentage of total hours of operation.
An outage is a loss of sound or video on any signal, or a significant deterioration of any signal
affecting two or more subscribers.
(c). An ownership report, indicating all persons who at the time of filing control or own an interest
in the Franchisee of ten percent (10%) or more.
3. Contemporaneous Reports. Within 10 days of their receipt or (in the case of documents
created by the operator or its affiliate) filing, a franchisee shall provide the City with copies of:
(a). notices of deficiency or forfeiture related to the operation of the system; and
(b). any request for protection under bankruptcy laws, or any judgment related to a declaration
of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the
franchisee directly or indirectly.
N. Other Records Required. Unless the City waives the requirement, a franchisee shall at all
times maintain:
1. Complaint records. Records of all complaints received, their nature and resolution. The term
“complaints” refers to complaints about any aspect of the franchisee’s operations or customer service.
2. Outage records. Records of outages known to the franchisee, their cause and duration.
3. Complaint response. Records of service calls for repair and maintenance indicating the date
and time service was requested, the date of acknowledgment and date and time service was scheduled
(if it was scheduled), and the date and time service was provided, and (if different) the date and time
the problem was solved.
4. Installation records. Records of installation/reconnection and requests for service extension,
indicating date of request, date of acknowledgment, and the date and time service was extended.
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5. Customer service. Records sufficient to show whether the franchisee has complied with each
customer service standard that applies to it.
O. Privacy. A franchisee shall take all reasonable steps required so that it is able to provide
reports, books and records to the City, including by providing appropriate subscriber privacy notices.
Each franchisee shall be responsible for redacting data that applicable law prevents it from providing
to the City. Nothing in this section shall be read to require a franchisee to violate state or federal
subscriber privacy laws. Notwithstanding the foregoing, and unless applicable law entitles the
franchisee to withhold such information from the City, a franchisee is not entitled to withhold or
redact any information on the grounds that it contains proprietary or confidential information.
P. Procedures for paying Franchise Fees and fees in lieu of Franchise Fees.
1. Fees paid quarterly. The franchise fee paid pursuant to Chapter 2, or fee in lieu of franchise
fee paid pursuant to Chapter 3 shall be paid quarterly unless otherwise specified in a franchise.
Payment for each quarter shall be received by the City not later than 45 days after the end of each
calendar quarter.
2. Quarterly statement. Unless a franchise provides otherwise, a franchisee or other entity
subject to a fee under Chapter 2 or 3 shall file with the City within 45 days of the end of each calendar
quarter a statement showing gross revenues during the preceding quarter and the number of
subscribers served.
3. Acceptance of payment not a release. No acceptance by the City of any payment shall be
construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance
of such payment be construed as a release of any claim the City may have for additional sums
payable.
4. Fee Not in Lieu of Taxes. Neither the franchise fee under Chapter 2, nor the fee paid in lieu
of the franchise fee under Chapter 3, is a payment in lieu of any tax, fee or other assessment of general
applicability (including any such tax, fee or assessment imposed on both utilities and operators or
their services, but not including a tax, fee, or assessment which is unduly discriminatory against
operators or cable subscriber(s)).
5. Failure to Pay Franchise Fee. In the event that a fee payment is not received by the City on
or before the due date set forth, or in a franchise, or the fee owed is not fully paid, the person subject
to the fee will be charged interest from the due date at an interest rate equal to three percent
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(3%) above the rate for three-month Federal Treasury Bills at the most recent United States Treasury
Department sale of such Treasury Bills occurring prior to the due date of the franchise fee payment.
6. Final Statement of Gross Revenues. Within 90 days of the date a franchisee ceases operations
under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other
reason), the franchisee shall file a final statement of gross revenues covering the period from the
beginning of the calendar year in which the operations ceased to the date operations ceased. The
statement shall contain the information and be certified as required by Section 1.16.3.(A.).
Section_5. The Port Angeles Municipal Code is hereby amended by adding a new Section to be
known as 11.14.170, “Special Rules Applicable to Cable Systems” to read as follows:
11.14.170 Special Rules Applicable to Cable Systems.
A. Applications - Generally.
1. Application required. An application must be filed for an initial and renewal cable system
franchise, or for approval of a transfer.
2. Application content. The City Manager may specify the information that must be provided
in connection with an application, and the form in which the information is to be provided. At a
minimum each application must identify the applicant, show that the applicant is financially,
technically and legally qualified to construct, maintain and operate the cable system, contain a pro
forma showing capital expenditures and expected income and expenses for the first five years the
applicant is to hold the franchise, and show that the applicant is willing to comply with its franchise
obligations. In addition, any application for an initial or renewal franchise or rebuild of the
applicant’s system and/or facilities, must describe in detail the cable system that the applicant
proposes to build, show where it will be located, set out the system construction schedule, and show
that the applicant will provide adequate channels, facilities and other support for public, educational
and government use (including institutional network use) of the cable system. The detailed
description of the physical facilities proposed shall include at least the following:
(a). A description of the channel capacity, technical design, performance characteristics, headend,
PEG access (and institutional network, if required) facilities and equipment;
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(b). The location of proposed facility and facility design, including a description of the miles of
plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that
will be installed along the plant route, the power sources that will be used and a description of the
noise, exhaust and pollutants, if any, that will be generated by the operation of the same; provided,
however, that, if some of the descriptive data is not available at the time of application, the franchise
may be issued subject to conditions that the data be filed and approved by the City before construction
begins and that the franchise will be deemed to be forfeited if the data is not supplied and approved;
provided, further, that the foregoing proviso does not authorize the grant of a franchise where there is
not sufficient information to appraise the impact of the applicant's proposal;
(c). A map of the general route the facility will follow; a designation of the portions of the system
that will be placed above ground and the portions that will be placed underground, and the construction
techniques that the applicant proposes to use in installing the system above ground and underground;
a schedule for construction of the facility, describing when and where construction will begin, how it
will proceed, benchmarks indicating the schedule completion of portions of the system and when
construction will be completed; and the expected effect on right-of-way usage, including information
on the ability of the public rights-of-way to accommodate the proposed system;
(d). A description, where appropriate, of how services will be converted from existing facilities to
new facilities, and what will be done with existing facilities;
(e). A demonstration of how the applicant will reasonably meet the future cable-related needs and
interests of the community, including descriptions of the capacity, facilities and support for public,
educational, and governmental use of the system (including institutional networks) applicant proposes
to provide and why applicant believes that the proposal is adequate to meet the future cable-related
needs and interests of the community;
(f). A demonstration of the financial qualifications of the applicant, including at least the following:
(i) The proposed rate structure, including projected charges for each service tier,
installation, converters, and all other proposed equipment or services;
(ii) A statement regarding the applicant's financial ability to complete the construction to
meet the time frame proposed and to operate the cable system proposed certified by the applicant's
chief financial officer;
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(iii) A demonstration of the applicant's technical ability to construct and/or operate the
proposed cable system;
(iv) A demonstration that the applicant is legally qualified, which proof must include a
demonstration that the applicant:
(A) Has received, or is in a position to receive, necessary authorizations from state
and federal authorities;
(B) Has not engaged in conduct (fraud, racketeering, violation of antitrust laws,
consumer protection laws, or similar laws) that might lead the City to conclude that the applicant cannot
be relied upon to comply with requirements of a franchise or provisions of this Chapter, or to deal
honestly with the City or its residents;
(C) Is willing to enter into a franchise, to pay required compensation and to abide
by the provisions of applicable law, including those relating to the construction, operation or repair of
its facilities; and has not entered into any agreement that would prevent it from doing so; and
(g) The applicant must not have submitted an application for an initial or renewal franchise to the
City, which was denied on the ground that the applicant failed to propose a cable system meeting the
cable-related needs and interests of the community, or as to which any challenges to such franchising
decision were finally resolved (including any appeals) adversely to the applicant, within three years
preceding the submission of the application;
(h). The extent that the applicant is in any respect relying on the financial or technical resources of
another person, including another affiliate; proofs should be provided for that person;
(i) A description of the applicant's prior experience in cable system ownership, construction, and
operation, and identification of cities and counties in Washington in which the applicant or any of its
principals have a cable franchise or any interest therein, provided that an applicant that holds a
franchise for the City and is seeking renewal of that franchise need only provide this information for
other cities and counties in Washington where its franchise is scheduled to expire during the 12-month
period prior to the date its application is submitted to the City and for other cities and counties in
Washington where its Franchise had been scheduled to expire during the 12-month period after the
date its application is submitted to the City. If an applicant has no other franchise in Washington, it
shall provide the information for its operations in other states; and
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(j) An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and
accuracy of the information in the application, and certifying that the application meets all requirements
of applicable law.
3. To be accepted for filing, an original and six copies of a complete application must be
submitted. All applications shall include the names and addresses of persons authorized to act on
behalf of the applicant with respect to the application.
4. An applicant (and the transferor and transferee, in the case of a transfer application) shall
respond to any request for information from the City, by the time specified by the City.
5. Incomplete applications. An application may be rejected if it is incomplete, or if the response
to the City’s requests for information is not timely and complete.
B. Application for an Initial Franchise or Renewal Franchise.
1. Scope. This section establishes additional provisions that apply to an application for an initial
franchise, or a renewal franchise application that is not governed by 47 U.S.C. §546(a)-(g).
2. Process. Any person may apply for an initial or renewal franchise by submitting an
application therefore on that person’s own initiative, or in response to a request for proposals issued
by the City. If the City receives an unsolicited application, it may choose to issue a request for
additional proposals, and require the applicant to amend its proposal to respond thereto. The City
shall promptly conduct such investigations as are necessary to act on an application.
3. Consideration of application. In determining whether to grant a franchise, the City may
consider:
(a). the extent to which an applicant for renewal has substantially complied with the applicable
law and the material terms of any existing cable franchise;
(b). whether an applicant’s quality of service under its existing Franchise, including signal
quality, response to customer complaints, billing practices, and the like has been reasonable in light
of the needs of the community;
(c). where the applicant has not previously held a cable system franchise in the City, whether
the applicant's record in other communities indicates that it can be relied upon to provide high-quality
service throughout any franchise term;
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(d). whether the applicant has the financial, legal, and technical ability to provide the services,
facilities, and equipment set forth in an application, and to satisfy any minimum requirements
established by the City;
(e). whether the applicant's application is reasonable to meet the future cable-related needs and
interests of the City, taking into account the cost of meeting such needs and interests;
(f). whether issuance of a franchise is in the public interest considering the immediate and future
effect on the public rights-of-way, public property, and private property that will be used by the
applicant's cable system;
(g). whether issuance of the franchise would reduce or increase competition in the provision of
cable service in the City; and
(h). such other matters as the City is authorized or required to consider.
4. Issuance of Franchise. If the City determines that issuance of a franchise would be in the
public interest considering the factors described above, it may offer a franchise agreement to the
applicant. No franchise shall become effective until the franchise is unconditionally accepted by the
applicant, approved by the City Council, and the franchise agreement is signed by both parties.
C. Application for Renewal Franchise Filed Pursuant to 47 U.S.C. §546
1. Scope. This section establishes additional provisions that apply to applications for renewal
governed by 47 U.S.C. §546(a)-(g).
2. Process. A franchisee that intends to exercise rights under 47 U.S.C. § 546(a)-(g) shall
submit a notice in writing to the City in a timely manner clearly stating that it is activating the
procedures set forth in those sections. The City shall thereafter commence any proceedings that may
be required under federal law, and upon completion of those proceedings, the City may issue a
request for renewal proposals and an application may be submitted for renewal. The City may
preliminarily deny the application by resolution, and if the application is preliminarily denied, the
City may conduct such proceedings and by resolution establish such procedures and appoint such
individuals as may be necessary to conduct any proceedings to review the application.
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D. Application for Transfer.
1. Scope. This section establishes additional provisions that apply to applications for transfer
approval.
2. Information. An application for transfer must contain all the information required by the City
Manager, Section A. 2, and all information required by any FCC franchise transfer form.
3. Consideration of application. In determining whether a transfer application should be
granted, denied, or granted subject to conditions, the City may consider the legal, financial, and
technical qualifications of the transferee to operate the cable system in compliance with the terms
and conditions of the franchise and applicable law;; whether the transferor franchise is in compliance
with its franchise; whether the transferee owns or controls any other cable system in the City,
whether operation by the transferee may eliminate or reduce competition in the delivery of cable
service in the City; and whether operation by the transferee or approval of the transfer would
otherwise adversely affect subscribers, the public, or the City's interest under this Chapter, the
franchise, or other applicable law. The proposed transferee shall pay all reasonable costs incurred
by the City in reviewing and evaluating the applications.
4. Minimum conditions. In order to obtain approval of a transfer, an applicant must show, at
a minimum, that: the transferee is qualified; the transfer will not adversely affect the interests of
subscribers, the public, or the City; and that all franchise non-compliance issues have been resolved
or, alternatively, that the transferee will assume all liability for or such franchise non-compliance
issues, known or unknown, arising before the date of the transfer. No transfer application shall be
granted unless the transferee agrees in writing that it will abide by and accept all terms of this Chapter
and the franchise, and that it will assume all of the obligations, liabilities, and responsibility for all
acts and omissions, known and unknown, of its predecessor franchisee, whether arising before or
after the date of the transfer, for all purposes.
E. Qualifications of Applicant.
1. Standards.
(a). The applicant must be willing to comply with the provisions of this Chapter and applicable
laws; and to comply with such requirements of a franchise as the City may lawfully require.
(b). The applicant must not have had any cable system or OVS franchise validly revoked
(including any appeals) by the City within 3 years preceding the submission of the application.
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(c). The applicant must not have had an application to the City for an initial or renewal cable
system franchise denied on the ground that the applicant failed to propose a cable system meeting
the cable-related needs and interests of the community, or as to which any challenges to such
franchising decision were finally resolved (including any appeals) adversely to the applicant, within
3 years preceding the submission of the application; and must not have had an application for an
initial or renewal OVS franchise denied on any ground within 3 years of the application.
(d). The applicant shall not be issued a franchise if, at any time during the 10 years preceding the
submission of the application, applicant was convicted of fraud, racketeering, anticompetitive
actions, unfair trade practices or other conduct of such character that the applicant cannot be relied
upon to deal truthfully with the City and the Subscribers, or to substantially comply with its
obligations.
(e). Applicant must have the necessary authority under Washington and federal law to operate a
cable system, or show that it is in a position to obtain that authority.
(f). The Applicant shall not be issued a franchise if it files materially misleading information in
its application or intentionally withholds information that the applicant lawfully is required to
provide.
(g). For purposes of paragraphs B through O of this Section, the term applicant includes any
affiliate of applicant. Provided, however, an applicant shall be provided a reasonable opportunity to
show that a franchise should issue even if the requirements of paragraph B.3.C.(iv)(B) are not
satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant
to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the
applicant's current principals, or the remoteness of the matter from the operation of a cable system.
(h). Franchise Fee. A cable system operator shall pay to the City a franchise fee in an amount
equal to 5% of gross revenues, or such other amount as may be specified in the franchise; provided,
however, that if the franchise specifies an amount, that amount shall be subject to increase should
federal limits on fee payments be eliminated or changed and other operators are subject to a higher
fee.
(i). Bundled Services. In the event that the franchisee, during the term of the franchise,
offers bundled, tied, or combined cable services (which are subject to the franchise fee) with non-
cable services (which may not be subject to the franchise fee) to subscribers, the combined revenues
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from such bundled services shall be allocated in proportion to the standalone rates or prices for each
individual bundled service advertised by the franchisee through its marketing materials or on its
published rate card. In the event the franchisee does not advertise or publish separate standalone
prices for any or all the individual services in the bundled service, the percentage that the price for
the combined services is discounted from the regular retail rates of the individual standalone services
shall be pro-rated across all of the services in the bundled package; provided, however, that the net
revenues derived from services subject to mandatory tariff rates imposed by the Washington Public
Utilities Commission (or other governmental entity having such authority) shall be deducted from
the combined bundled service revenue to determine the revenue subject to the franchise fee. As an
example, a franchisee may offer a “bundle” of video, voice and data services for a flat fee of $75.00
where the standalone retail rate for each of the services purchased on an individual basis would equal
$100.00. Assuming that there is no service subject to the mandated tariff rate, the franchisee would
apply a twenty-five percent (25%) discount to each service in the bundle. Thus, if the franchisee’s
standalone retail rate for the cable service portion of the bundle were $50.00, for franchise fee
computation purposes Grantee would recognize cable service revenue in the amount of $37.50 and
pay a franchise fee on that revenue.
(ii). The definition of gross revenue is to be as inclusive as possible consistent with
existing applicable law. If a change in federal law occurs subsequent to the effective date of this
Chapter, such change shall not impact the gross revenues definition in such a way to reduce gross
revenues, unless the change in law specifically preempts the affected portion of the definition above.
F. No exclusivity. A franchisee may not require a subscriber or a building owner or manager
to enter into an exclusive contract as a condition of providing or continuing service. However,
nothing herein prevents a franchisee from entering into an otherwise lawful, mutually desired
exclusive arrangement with a building owner or manager of a multiple dwelling unit or commercial
subscriber.
G. Rate regulation and consumer protection.
1. All rates subject to regulation. The City may regulate the operator’s rates and charges, to the
extent it is not prohibited from doing so by law. The City will regulate rates in accordance with FCC
rules and regulations, where applicable. Except to the extent FCC rules provide otherwise, all rates
and charges that are subject to regulation, and changes in those rates or charges must be approved in
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advance. The City Manager may take any required steps to file complaints, toll rates, issue
accounting orders or take any other steps required to comply with FCC rate regulation rules. The
City Council shall be responsible for issuing rate orders that establish rates or order refunds.
2. No rate discrimination. Except to the extent preempted by federal or state law, an operator
is prohibited from discriminating in its rates or charges or from granting undue preferences to any
subscriber, potential subscriber, or group of subscribers or potential subscribers; provided, however,
that a franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain
subscribers, so long as such discounts are offered on a non-discriminatory basis to similar classes of
subscribers throughout the franchise area; and a franchisee may offer discounts for the elderly, the
disabled, or the economically disadvantaged, and such other discounts as it is expressly entitled to
provide under federal law, if such discounts are applied in a uniform and consistent manner.
3. Redlining prohibited. An Operator shall not deny access or charge different rates to any
group of subscribers or potential subscribers because of the income of the residents of the local area
in which such group resides.
4. Customer service.
(a) Each operator must satisfy FCC, state, and the City’s cable customer service standards and
consumer protection standards. The City cable customer service standards may be adopted by
resolution of the City Council. In the case of a conflict among standards, the stricter standard shall
apply to the full extent permitted by law.
(i). For violation of cable customer service standards, penalties will be imposed as
follows:
(b) Two hundred dollars ($200) for each day of each material breach, not to
exceed six hundred dollars ($600) for each occurrence of material breach.
(c) If there is a subsequent material breach of the same provision within twelve (12) months,
four hundred dollars ($400) for each day of each material breach, not to exceed twelve hundred
($1200) for each occurrence of the material breach.
(d) If there is a third or additional material breach of the same provision within twelve 12
months of the first, one thousand dollars ($1000) for each day of each material breach, not to exceed
three thousand dollars ($3,000) for each occurrence of the material breach.
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(iii) Any penalty assessed under this section will be reduced dollar for dollar to the
extent any liquidated damage provision of a franchise imposes a monetary obligation on a
franchisee for the same customer service failures.
Section_6. The Port Angeles Municipal Code is hereby amended by adding a new Section to be
known as 11.14.180, “Open Video Systems” to read as follows:
11.14.180 Open Video Systems.
A. Additional definitions.
1. "OVS Agreement" means a contract entered into in accordance with the provisions of this
Chapter between the City and an OVS franchisee setting forth the terms and conditions under which
the OVS franchise will be exercised.
B. Applications for Grant or Renewal of Franchises.
1. Initial and renewal Franchise: application.
(a). A written application shall be filed with the City for grant of an initial or renewal OVS
franchise.
(b). To be acceptable for filing, a signed original of the application shall be submitted together
with 6 copies. The application must conform to any applicable request for proposals, and contain all
information required. All applications shall include the names and addresses of persons authorized
to act on behalf of the applicant with respect to the application.
(c). Contents of Applications. The City Manager may specify the information that must be provided
in connection with a request for proposals or an application for an initial or renewal franchise. At a
minimum, each application must: identify the applicant, where it plans to construct its system, and the
system construction schedule; show that the applicant will provide adequate channels, facilities and
other support for public, educational and government use (including institutional network use) of the
OVS; and show that the applicant is financially, technically and legally qualified to construct and
operate the OVS. The application must contain the following information;
(i). Identity of the applicant; the persons who exercise working control over the applicant; and the
Persons who control those persons, to the ultimate parent.
(ii). A proposal for construction of the OVS that includes at least the following:
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(1) A description of the services that are to be provided over the facility.
(2) Identification of the area of the City to be served by the proposed system, including a
description of the proposed franchise area's boundaries.
(3) The location of proposed facility and facility design, including a description of the miles
of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics
that will be installed along the plant route, the power sources that will be used and a description of the
noise, exhaust and pollutants, if any, that will be generated by the operation of the same.
(4) A map of the route the facility will follow a designation of the portions of the system that
will be placed aboveground and the portions that will be placed underground, and the construction
techniques that the applicant proposes to use in installing the system aboveground and underground; a
schedule for construction of the facility, describing when and where construction will begin, how it
will proceed, benchmarks for completion of phases, and when it will be completed; expected effect on
rights-of-way usage, including information on the ability of the public rights-of-way to accommodate
the proposed system, including, as appropriate given the system proposed, an estimate of the
availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing
facilities.
(5) A description, where appropriate, of how services will be converted from existing facilities
to new facilities, and what will be done with existing facilities.
(6) Evidence satisfactory to the City that the applicant has the financial resources to complete
the proposed project, and to construct, operate and repair the proposed facility over the franchise term.
It is not the intent of the City to require an applicant to prove that the services it proposes to offer will
succeed in the marketplace.
(7) Evidence satisfactory to the City that applicant is technically qualified to construct,
operate and repair the proposed facility. At a minimum, the applicant must show that it has experience
or resources to ensure that work is to be performed adequately, and can respond to emergencies during
and after construction is complete.
(8) Evidence satisfactory to the City that the applicant is legally qualified, which proof must
include a demonstration that the applicant:
(A) Has received, or is in a position to receive, necessary authorizations from state and federal
authorities;
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(B) Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer
protection laws, or similar laws) that allows City to conclude the applicant cannot be relied upon to
comply with requirements of franchise, or provisions of this Chapter;
(C) Is willing to enter into a franchise, to pay required compensation and to abide by the
provisions of applicable law, including those relating to the construction, operation or maintenance of
its facilities, and has not entered into any agreement that would prevent it from doing so;
(D). An affidavit or declaration of the applicant or authorized officer thereof certifying the
truth and accuracy of the information in the application, and certifying that the application meets al l
requirements of applicable law.
(E). To the extent that the applicant is in any respect relying on the financial or technical
resources of another person, including another affiliate, the proofs should be provided for that person.
An applicant will be presumed to have the requisite financial, or technical or legal qualifications to the
extent such qualifications have been reviewed and approved by a state agency of competent
jurisdiction; or if applicant is a holder of a franchise in the City for a cable system or open video system,
and conduct under such other franchise provides no basis for additional investigation.
C. Procedure for Applying for Grant of a Franchise.
1. A person may apply for an initial or renewal franchise on its own initiative or in response to
a request for proposals. Upon receipt of an application, the City shall promptly proffer the applicant
a proposed OVS agreement, which shall be mailed to the person requesting its issuance and made
available to any other interested party. The City may request such additional information, as it deems
appropriate.
2. An applicant shall respond to requests for information completely, and within the time
directed by the City, and must strictly comply with procedures, instructions, and requirements the
City may establish.
3. An application may be rejected if it is incomplete or the applicant fails to follow procedures
or respond fully to information requests.
D. Evaluation.
1. In evaluating a franchise application, the City may consider the following:
(a) The extent to which the applicant has substantially complied with the applicable law and the
material terms of any existing City OVS franchise;
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(b) Whether the applicant has the financial, technical, and legal qualifications to hold an OVS
franchise;
(c) Whether the application satisfies any minimum requirements established by the City for, or
will otherwise provide adequate public, educational, and governmental use capacity, facilities, or
financial support (including with respect to institutional networks);
(d) Whether issuance of a franchise would require replacement of property or involve disruption
of property, public services, or use of the public rights-of-way;
(e) Whether the approval of the application may eliminate or reduce competition in the delivery
of cable service in the City.
E. Issuance. If the City finds that it is in the public interest to issue a franchise considering the
factors above, and such other matters as it is required or entitled to consider, and subject to the
applicant's entry into an appropriate OVS agreement, it shall issue a franchise. Prior to deciding
whether or not to issue a Franchise, the City may hold one or more public hearings or implement
other procedures under which comments from the public on an application may be received.
F. Legal qualifications. In order to be legally qualified:
1. The applicant must be willing to comply with the provisions of this Chapter and applicable
laws, and to comply with such requirements of an OVS agreement as the City may lawfully require.
2. The applicant must not hold a cable system franchise, or have pending an application for a
Cable system Franchise.
3. The applicant must not have had any cable system or OVS franchise validly revoked
(including any appeals) by the City within 3 years preceding the submission of the application.
4. The applicant may not have had an application for an initial or renewal cable system franchise
to the City denied on the ground that the applicant failed to propose a cable system meeting the cable-
related needs and interests of the community, or as to which any challenges to such franchising
decision were finally resolved (including any appeals) adversely to the applicant, within 3 years
preceding the submission of the application.
5. The applicant may not have had an application for an initial or renewal OVS franchise denied
on any grounds within 3 years of the applications.
6. The applicant shall not be issued a franchise if, at any time during the 10 years preceding the
submission of the application, applicant was convicted of fraud, racketeering, anticompetitive
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actions, unfair trade practices or other conduct of such character that the applicant cannot be relied
upon to deal truthfully with the City and the subscribers or to substantially comply with its
obligations.
7. Applicant must have the necessary authority under Washington and federal law to operate an
OVS, and must be certified by the FCC under Section 653 of the Cable Act, 47 U.S.C. § 573.
8. The Applicant shall not be issued a franchise if it files materially misleading information in
its application or intentionally withholds information that the applicant lawfully is required to
provide.
9. For purposes of paragraphs B through O of this section, the term applicant includes any
affiliate of applicant. Provided, however, an applicant shall be provided a reasonable opportunity to
show that a franchise should issue even if the requirements of paragraph B.3.C (iv)(B) are not
satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant
to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the
applicant's principals, or the remoteness of the matter from the operation of a cable system.
G. Transfers.
1. City Approval Required. No transfer shall occur without prior written notice to and approval
of the City.
2. Application.
(a). A franchisee shall promptly notify the City of any proposed transfer, and submit an
application for its approval.
(b). The City may specify information that must be provided in connection with a transfer
application. At a minimum, an application must: describe the entities involved in the transaction and
the entity that will hold the franchise; describe the chain of ownership before and after the proposed
transaction; show that the entity that will hold the franchise will be legally, financially, and
technically qualified to do so; attach complete information on the proposed transaction, including the
contracts or other documents that relate to the proposed transaction, and all documents, schedules,
exhibits, or the like referred to therein; and attach any shareholder reports or filings with the
Securities and Exchange Commission ("SEC") that discuss the transaction.
(c). For the purposes of determining whether it shall consent to a transfer, the City or its agents
may inquire into all qualifications of the prospective transferee and such other matters as the City
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may deem necessary to determine whether the transfer is in the public interest and should be
approved, denied, or conditioned. If the transferee or franchisee refuses to provide information, or
provide incomplete information, the request for transfer may be denied.
H. Determination by the City.
1. In deciding whether a transfer application should be granted, denied or granted subject to
conditions, the City may consider the legal, financial, and technical qualifications of the transferee
to operate the OVS; whether the incumbent OVS operator is in compliance with its OVS agreement
and this Chapter and, if not, the proposed transferee's commitment to cure such noncompliance;
whether the transferee owns or controls any other OVS or cable system in the City, and whether
operation by the transferee may eliminate or reduce competition in the delivery of cable service in
the City; and whether operation by the transferee or approval of the transfer would adversely affect
Subscribers, the public, or the City's interest under this Chapter, the OVS agreement, or other
applicable law.
2. In order to obtain approval of a transfer, an applicant must show, at a minimum, that: the
transferee is qualified; the transfer will not adversely affect the interests of subscribers, the public, or
the City; and that non-compliance issues have been resolved. No application shall be granted unless
the transferee agrees in writing that it will abide by and accept all terms of this Chapter and the
franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and
omissions, known and unknown, of the previous franchisee, whether arising before or after the
transfer, for all purposes. The proposed transferee shall pay all reasonable costs incurred by the City
in reviewing and evaluating the applications.
I. Minimum requirements.
1. PEG Access. No OVS Operator shall be issued a franchise or commence construction of an
OVS system, until (A) it agrees to match in all respects the highest PEG obligations borne by any
franchised cable system operator in the City; or (B) it agrees to PEG obligations acceptable to the
City.
2. Institutional network. Any OVS operator that constructs an I-Net shall (A) match in all
respects the highest institutional network obligations borne by any franchised cable system operator
in the City; or (B) agree to alternative institutional network obligations acceptable to the City.
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3. Construction Provisions. Every OVS agreement shall specify the construction schedule that
will apply to any required construction, upgrade, or rebuild of the OVS. The schedule shall provide
for prompt completion of the project, considering the amount and type of construction required.
4. Testing. Each OVS operator shall perform at its expense such tests as may be necessary to
show whether or not it is in compliance with its obligations under this Chapter or a franchise.
5. Consumer protection provisions. Every franchisee must satisfy customer service consumer
protection requirements established from time to time under state or local law and applicable to OVS.
J. Special termination rules. If a franchisee’s FCC OVS certification is revoked or otherwise
terminates as a result of the passage of time or as a matter of law, the City may revoke the OVS
franchise after a hearing. The OVS franchise may also be revoked if federal regulations or statutory
provisions governing OVS are declared invalid or unenforceable, or are repealed.
K. Rate regulation. The City may regulate a franchisee's rates and charges except as prohibited
by law, and may do so by amendment to this Chapter, separate ordinance, by amendment to an OVS
agreement, or in any other lawful manner.
L. Fee in lieu of Franchise Fee.
1. OVS Operators. In lieu of the franchise fee required by Chapter 2, an OVS franchisee shall
pay a fee of 5% of the gross revenues of the franchisee, its affiliates or any OVS operator of the
OVS.
2. Persons leasing OVS capacity.
(a). A person leasing capacity from an OVS operator, other than a person whose revenues are
included in the payment made in paragraph 1, immediately above, shall pay the City a fee, in lieu of
the franchise fee required by Chapter 2, of five percent (5%) of the gross revenues of such person.
(b). Notwithstanding the foregoing, where the OVS franchisee charges an entity, other than an
affiliate, to use its OVS (the “use payments”); and that entity recovers those use payments through
charges to its subscribers that are included in the entity person’s gross revenues; and that person fully
recovers the use payments through the charges to its subscribers and pays a fee on those charges
pursuant to paragraph 1, immediately above, then franchisee may deduct from its gross revenues the
use payments it receives from that person.
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M. Exclusive contracts. A franchisee may not require a subscriber or a building owner or
manager to enter into an exclusive contract as a condition of providing or continuing service, nor,
subject to applicable law, may a franchisee enter into any arrangement that would effectively prevent
other persons from using the OVS to compete in the delivery of cable services with a franchisee or
its affiliates.
Section_7. The Port Angeles Municipal Code is hereby amended by adding a new Section to be
known as 11.14.190, “Miscellaneous” to read as follows:
11.14.190 Miscellaneous
A. Connections to Cable system; use of antennae.
1. Subscriber right to attach. To the extent consistent with federal law, subscribers shall have
the right to attach VCR receivers, and other terminal equipment to a franchisee's cable system.
Subscribers also shall have the right to use their own remote control devices and converters, and
other similar equipment.
2. Removal of existing antennae. A franchisee shall not, as a condition of providing service,
require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna
except at the express direction of the subscriber or potential subscriber, or prohibit installation of a
new antenna, provided that such antenna is connected with an appropriate device and complies with
applicable law.
B. Discrimination prohibited.
1. No retaliatory actions. A cable communications system operator shall not discriminate
among persons or the City or take any retaliatory action against a person or the City because of that
entity's exercise of any right it may have under federal, state, or local law, nor may the operator
require a person or the City to waive such rights as a condition of taking service.
2. Employment and hiring practices. A cable communications system operator shall not refuse
to employ, discharge from employment, or discriminate against any person in compensation or in
terms, conditions, or privileges of employment because of race, color, creed, national origin, sex,
sexual orientation, age, disability, religion, ethnic background, or marital status. A cable
communications system operator shall comply with all federal, state, and local laws and regulations
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governing equal employment opportunities, and hiring practices, as the same may be amended from
time to time.
C. Transitional provisions.
1. Persons operating without a Franchise. The operator of any cable communications system
facility installed as of the effective date of this Chapter, for which a franchise is required under this
Chapter, shall have three months from the effective date of this Chapter to file one or more
applications for a franchise. Any operator timely filing such an application under this Section 4.6.1
shall not be subject to a penalty for failure to have such a franchise so long as said application remains
pending; provided, however, nothing herein shall relieve any cable communications system operator
of any liability for its failure to obtain any permit or other authorization required under other
provisions of the City Code, and nothing herein shall prevent the City from requiring removal of any
facilities installed in violation of the City Code.
2. Persons holding Franchises. Any person holding an existing franchise for a cable communications
system may continue to operate under its existing franchise to the conclusion of its present term (but
not any renewal or extension thereof) with respect to those activities expressly authorized by the
franchise; provided that, such person shall be subject to the other provisions of this Chapter to the
extent permitted by law.
3. Persons with pending applications. Pending applications shall be subject to this Chapter. A
person with a pending application shall have 30 days from the effective date of this Chapter to submit
additional information to comply with the requirements of this Chapter governing applications.
D. Relation to Title 11 of the City Code.
l. This Chapter shall apply to cable communications systems and cable communications system
operators in lieu of the following provisions of PAMC Title 11: §§11.14.010, 11.14.020, 11.14.080,
11.14.120, 11.14.140, 11.14.170, 11.14.180, and 11.14.190. Except as provided in the preceding
sentence, PAMC Title 11 shall apply to all cable communications systems and cable communications
system operators, and PAMC Title 11 shall apply fully, without these limitations, to the extent any
cable communications system operator uses its system to provide any non-cable services.
Section 8 - 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
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of the scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and
any references thereto.
Section 9 - Severability. If any provisions of this Ordinance, or its application to any person or
circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of
the Ordinance to other persons or circumstances, is not affected.
Section 10 - 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.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the ____ day of ______________, 2016.
_______________________
Patrick Downey, Mayor
APPROVED AS TO FORM:
_____________________________
William E. Bloor, City Attorney
ATTEST:
_____________________________
Jennifer Veneklasen, City Clerk
G - 752/02/2016
DATE: February 2, 2016
TO: CITY COUNCIL
FROM: NATHAN A. WEST, DIRECTOR
COMMUNITY AND ECONOMIC DEVELOPMENT
SUBJECT: Clallam County Economic Development Council
Summary: On January 5, 2015, City Council requested that staff provide detailed information to
bring forward to Council regarding partnering with the Clallam County Economic Development
Council in 2016. At that meeting, none of the options provided by staff received the necessary
votes to move forward. A consensus of Council requested that the issue be discussed again at the
February 2, 2016 meeting.
Funding: Historically, the City has provided $15,000 in funding to the Clallam County Economic
Development Council. Based on the 2015 City Council priority setting process, EDC Funding
was eliminated from 2016 Budget. Amendment of the Budget to reintroduce that funding line
item would require a supermajority of Council approval to be restored. The approved budget does
contain restricted funds that could be utilized for the EDC contract. Specifically staff has identified
up to $10,000 in the restricted economic development account identified for special projects.
These funds could contribute to the base contract amount without the need to amend the budget.
Additionally, the City has $100,000 budgeted in restricted NICE Funds for community
infrastructure enhancement in support of economic development.
Recommendation: Discuss Economic Development Council Participation for 2016 and
provide staff with direction on a preferred alternative.
Background/Analysis:
During the January 19th 2016 City Council meeting, a motion was made in support of providing
the Clallam County Economic Development Council (EDC) a contribution of $7,500 and an
additional commitment delivered upon confirmation of new jobs created or based on a specific
business expansion or relocation. Due to the fact that the funding for the EDC was eliminated
from the 2016 budget on the basis of the priority setting process the motion required a
C I T Y C O U N C I L M E M O
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supermajority. The vote was 4-3 in favor of the motion resulting in the failure of the motion.
Following the vote, a consensus of Council requested that new options be brought forward at the
February 2nd Council meeting for discussion.
In 2015, a great deal of time and effort was placed in the City Council priority setting process.
Council ranked numerous items and identified high medium and low priority’s. Support of
external agencies was identified as the lowest priority for funding. All external agencies with
the exception of the EDC have been provided with a phase-in/ramp-down of funding over a 3
year period. Council was advised that priority setting would be a fluid process and that a
majority of Council could re-prioritize items on the list. On December 1, 2015 Council did that
by providing full funding to the Olympic Peninsula Humane Society. Other entities including
Clallam County United Way, Feiro Marine Life Center, and the Fine Arts Center did receive a
ramp-down of funding. A consistent ramp-down for EDC would result in $10,000 down from
the historic $15,000 contract amount.
A noteable change since the priority setting process is that the EDC has made giant strides in
gaining the support and financial commitment of local businesses. By January of 2016 the EDC
saw a 447% increase in financial support from Clallam County businesses. The majority of these
businesses are located in the City of Port Angeles. Our community businesses have made a
conscious decision to get behind the EDC organization and it is important that the City be
supportive of this community transition. Additional measurable details have been provided by
the EDC and are attached to this staff report. It is critically important to recognize that
successful economic development in Port Angeles relies on a cooperative team approach and the
City should be a participating team member.
Since the last Council meeting staff has taken time to complete further review of budget details.
As noted above, specific budget funding to the EDC was eliminated from the budget. To
reintroduce that funding to the budget would require a supermajority vote of Council. However,
the budget does contain restricted funds that could be utilized for the EDC contract. Specifically
staff has identified up to $10,000 in the restricted economic development account identified for
special projects. These funds could contribute to the base contract amount without the need to
amend the budget. Additionally, the City has $100,000 budgeted in restricted NICE Funds for
community infrastructure enhancement in support of Economic Development. These funds
could contribute to the additional incentive based contribution without amending the Council
budget.
In addition to those options provided in staff’s January 19th memorandum the following
additional recommendation could be considered by Council.
Direct staff to draft a contract with the EDC for a base amount of $________ from the restricted
economic development account special project funds with an additional $________
infrastructure contribution to be considered by Council upon presentation of successful business
expansion or recruitment opportunity for the purpose of providing publicly owned infrastructure
in support of the project.
I - 22/02/2016
If selected staff would draft a contract with the EDC incorporating appropriate performance
measures and bring the contract back to Council for approval at a future meeting.
Should Council choose an option that entails EDC partnership, staff would further recommend
that the appointment of Orville Campbell as the private sector representative on the EDC Board
and the Opportunity Fund Advisory Board be extended. By extending through the end of
February, staff would have sufficient time to re-advertise for these positions and have new
representatives appointed by Council.
Funding Overview: Based on the 2015 City Council priority setting process, EDC Funding was
eliminated from 2016 Budget. Amendment of the Budget to reintroduce that funding line item
would require a supermajority of Council approval to be restored. The approved budget does
contain restricted funds that could be utilized for the EDC contract. Specifically staff has
identified up to $10,000 in the restricted economic development account identified for special
projects. These funds could contribute to the base contract amount without the need to amend
the budget. Additionally, the City has $100,000 budgeted in restricted NICE Funds for
community infrastructure enhancement in support of economic development.
Attachment EDC Measured Outcomes
I - 32/02/2016
EDC – MEASURED OUTCOMES
1. Assisted an auto repair facility that was relocating within the County. City had given owner what
he and we considered to be unreasonable and illogical demands before he could acquire a
permit. We went to the city clerks and ultimately the city manager. Demands were considered
illogical. Permit secured.
2. Reviewed and set the way for application by a composites manufacturer for the numerous 8‐
year tax incentives available in our county. They have been secured and will provide hundreds of
thousands of dollars in cost savings to the company.
3. Worked with a growing marine trades company to secure the following: debt financing, in
various forms (which are worth understanding), the explaining, processing, and securing of the
tax incentives mentioned above, and extensive managerial advice to the management team.
4. Worked with a major marine trades company to secure tax incentives both in explanation and
application. The savings to this company are expected to be in the millions.
5. Have advertised twice in the PDN that the EDC knows of over 500 jobs available in the County.
Have received job resumes which we have shared with both Work Force and with Express
Employment professionals. 7 resumes; 5 jobs secured.
6. Part of our job is to link companies with the right financing resources. This we do all the time.
We emphasize our local lenders and our Washington or Oregon based lenders (Umpqua Bank).
We do not reference the major national banks because they do not care support economic
development in our county. BofA would not support. 1st Security, acquiring the BofA branches,
will. These efforts have been numerous but are done almost daily in the normal course of EDC
business.
7. Met with key provider of Industrial Revenue Bonds who is in a position to finance a potential
new customer of the Port – financing the Port is too small to provide.
8. Advised one of the County’s oldest insurance firms on fixing and updating its entire data and
records keeping systems.
9. Arranged for special financing through the National Development Fund for an expanding
medical practice that was not considered a candidate for a loan by any of our local banks. The
practice received the financing and is now thriving.
10. Helping a hospitality company to meet the right people to explore further opportunities in our
county. This was a lot of work. There is no “outcome” yet, but this is what we are chartered to
do.
11. Acting as a continuous advocate for seafood supplier which needs to redistribute its fishing
pens. A long, ongoing process.
12. Setting up key financing – again through the National Development Fund – for a second
hospitality company. This financing has been secured and completed.
13. Working with major construction company to develop a program to encourage students at a
young age to consider the traditional trades upon graduation as opposed to seeking white collar
I - 42/02/2016
jobs. This issue is a major crisis and we are seeking ways to solve it. Time used? Plenty.
Outcome? Far in the future.
14. Have introduced the National Development Fund, which visits here monthly, to numerous
prospective clients that are presently underway. Is an introduction an outcome?
15. Advocated for a major local subcontractor to be part of the winning bid in a major new local
contract. Time expended because of detail involved. Failed.
16. Sponsored and fully arranged a course called “Tools for Entrepreneurs” that was presented to a
full house at Peninsula College as part of National Entrepreneurship Week.
17. Provided both an array of financing options and several choices of builders for a local company
about to commence a major expansion.
18. Helped to provide financing competition which resulted in substantially lower rates for a fine
services provider. Also acted as a consistent advocate for the business regarding zoning and
permitting issues with the involved city manager and his staff. New jobs at company will
increase by almost 200 percent.
19. Led the charge, while working with the Port, to secure both air service and a major new
property lessor. Neither has occurred yet despite the significant expenditure of time.
20. Secured important signage from the county for a business had been seeking it since 2012.
Temporary signage is now in place. Permanent will be approved shortly. Business is now
expanding and will add at least ten new jobs paying between $50 and $100,000 annually.
21. Partnered with Citizens for Sequim Schools to get out the vote for the new school bond.
22. Researched and did due diligence on behalf of the County for three significant projects to be
funded or potentially funded by the Opportunity Fund. The EDC is responsible for this work. A
fourth request was dealt with this morning.
23. Assisted local aerospace supplier by contacting OSHA and then helping to introduce CSR
(Comprehensive Safety Resource) to enable the company to properly comply with noise
abatement issues.
24. As reported to you on 19 January, increased EDC private sector membership by over 100
percent and private sector financial support by 447 percent. Our Board of Directors considers
these measures to be the most indicative measures of our progress.
Note: We have done plenty more. We do not think in terms of measures and outcomes. We think about
facing reality and dealing with it without delay.
‐ Bill Greenwood, Amy McDonald, Jennifer Linde
I - 52/02/2016
N:\CCOUNCIL\FINAL\Landfill Bluff Project Change Order 12.doc
DATE: February 2, 2016
TO: City Council
FROM: CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
SUBJECT: Landfill Cell Stabilization, Project SW0212, Change Order #12, Magnus
Pacific Corporation
Summary: During the Landfill Cell Stabilization work, the contractor, Magnus Pacific,
encountered asbestos containing materials (ACM) far in excess of the amounts anticipated by the
contract documents. The ACM required special handling, for which Magnus was entitled to
additional compensation. The amount of the compensation was disputed. To address that, the
parties agreed to mediation. It was conducted on January 22, 2016. By that date, additional claims
had arisen. In the course of the mediation, the parties reached a proposed final settlement with
Magnus Pacific on all outstanding claims.
Funding: a) The project originally was approved by Council on May 20, 2014 with a contract
contingency of $1,962,994. The construction management agreement has had two additive
amendments valued at $299,927, and the construction contract has had eleven change orders for a
total value of $1,153,927. With other miscellaneous budget expenditures, the Finance Department
reports that there is currently $903,332 of available uncommitted budget remaining.
b) In addition, the construction management team reports that the construction contract has five
pending change orders, four of which were acknowledged in the settlement mediation that would
be priced separately, and one new change order. With these pending change orders and quantity
take-off variances that will reduce the total cost, there is an expected cost reduction to the final
contract amount of $488,913. With this, the current projected amount of surplus funding available
in the project is estimated to be $1,398,245 which is more than sufficient for this amendment.
Recommendation: Ratify the Settlement Agreement by approving and authorizing the City
Manager to sign change order #12 to the Landfill Cell Stabilization Contract (Project SW0212)
with Magnus Pacific Corporation in the amount of $300,000 including tax, increasing the total
contract amount to $14,540,552.64.
C I T Y C O U N C I L M E M O
J - 12/02/2016
Background/Analysis: During the refuse excavation portion of the Landfill Cell Stabilization
project, Magnus Pacific encountered ACM in excess of the quantity included in the contract
documents. ACM was encountered at multiple locations within the 304 Cell resulting in additional
ACM removal costs and production impact costs. Magnus removed a total of 7,283 cubic yards
(CY) of ACM from the 304 Cell and transported it to the 351 Cell for final disposal between
August 20 and October 11, 2014. The original contract bid item quantity for ACM (Bid Item A84)
was 15 tons (approximately equal to 10 CY). All of the ACM required special handling.
As a result, Magnus claimed the City owed it additional compensation in the amount of
$3,391,490, including sales tax and bonding, for ACM removal. Unable to reach agreement during
negotiations, the City issued unilateral change order #7 in the amount of $1,034,524, for the 2014
construction season based on what staff felt was a fair and reasonable cost for the work based on
an analysis done by Anchor QEA. What remained in dispute was the difference between Magnus’
proposal for the 2014 construction season and the City issued unilateral change order #7, a
difference of $2,356,966.
An initial round of settlement discussions was held on May 8, 2015 with no resolution achieved on
cost. However, as a result of the discussions, the City choose to have Magnus’ costs audited. This
was conducted during October 2015. In addition, in October 2015, the City issued change order
#11 in the amount of $87,895 for additional asbestos removed in the 2015 construction season.
Change order #11 was bilaterally agreed to. Following the audit, and prior to the January 22, 2016
mediation session, Magnus reduced its remaining demand on the ACM removal to approximately
$1,175,000.
By the date of the mediation, the entire project was nearing completion, and other claims had
arisen, some made by Magnus and some made by the City. In addition to the ACM claim,
Magnus had an outstanding request for a change order in the amount of $386,000 for the
Mechanically Reinforced Earth (MRE) wall that seismically stabilizes the front face of the Valley
Cell. The City felt that Magnus had an entitlement of $325,000 for this work. In addition, Magnus
requested a total of 92 days of additional delay for the ACM work and an additional 30 days for
the MRE wall. The following is a summary of the cost position of each party at the onset of
mediation.
Item Magnus City
1. Cost to Remove ACM $952,326 $711,345
2. Production Impacts to Refuse Removal $1,153,506 $316,982
3. MRE Wall Modifications $386,000 $325,000
Subtotal $2,491,832 $1,353,327
Tax $209,314 $113,679
Bond $16,197 $8,797
Total $2,717,343 $1,475,803
Previously Paid ACM Change Orders $1,122,419 $1,122,419
Total Unpaid $1,594,924 $353,384
J - 22/02/2016
N:\CCOUNCIL\FINAL\Landfill Bluff Project Change Order 12.doc
Settlement negotiations took the full day of January 22, 2016 with Chris Soelling serving as
mediator. Early in the settlement mediation, the City’s team saw an opportunity to settle all
outstanding claims, and ultimately that approach was successful. Subject to City Council
ratification, the following synopsizes the terms that were agreed, to be executed through a change
order to the contract:
1. Increasing the total contract amount by $300,000;
2. Release and forever discharge the City from any and all claims, demands, invoices,
damages, costs, expenses, attorney's fees, or causes of action;
3. Additional compensation to be separately negotiated for four smaller outstanding change
orders;
4. Extension of the substantial completion date to February 26, 2016 with all other milestones
being construed to have been achieved on time;
5. Accepting the Apprentice Utilization Rate achieved to date of 13.4%;
6. $5,000 per calendar day forfeiture in lieu of liquidated damages by Magnus for substantial
completion later than February 26, 2016, subject to weather conditions;
7. Disputes over the final terms of the agreement would be resolved subject to binding
arbitration with Chris Soelling.
Staff considers the terms of the settlement fair and reasonable to both parties and recommends
ratifying the Settlement Agreement by approving and authorizing the City Manager to sign change
order #12 to the Landfill Cell Stabilization Contract (Project SW0212) with Magnus Pacific
Corporation in the amount of $300,000 including tax, increasing the total contract amount to
$14,540,552.64.
Attachment: 1) PALF Release and Settlement
2) Budget
J - 32/02/2016
J
-
4
2/
0
2
/
2
0
1
6
J
-
5
2/
0
2
/
2
0
1
6
Detail
PO#Vendor PO nmountsl 20tL-20L5 20t6
Remaining per
vendor files
A, DASHEN & ASSOCIATES
ACF WEST, INC
Advertising
32519 ANCHOR QEA, LLC
Aspect Consulfing cone
BANK OF NEW YORK
Bird obotemenl
BUILDERS EXCHANGE OF WA
DAILY JOURNAL OF COMMER
FCS GROUP
FOSTER PEPPER PLLC
31678 HERRERA ENVIRONMENTAL C
Jordon Excovoting
37523 LANE POWELL
32707 MAGNUS PACIFIC CORPORAT
Conslruction contingency
MISC odj
MISC EMPLOYEE EXPENSE R
MISC ONE-TIME VENDORS
OLYMPIC MEDICAL CENTER
PACIFICA LAW GROUP, LLP
PORT ANGELES CITY TREAS
PORT ANGELES SCHOOL DIS
Rec pmt bldg permil #15
SOUND PUBLISHING INC
STANDARD & POOR'S RATIN
SWCA ENVIRONMENTAL CONS
Underwriler fees
US BANK CORPORAÏE PAYME
US BANK OF PORT ANGELES
USPS
VAN NESS FELDMAN, LLP
Subtotals 2r,372,446.74 76,692,283.38
22A00.00
2,556.90
1,405.22
| ,7 53,7 53.40
30.555.35
357.44
939.84
332.25
604.20
r 0,750.00
25,000.00
3,37 4,44t .19
184,445.27
179,587 .79
14,540,552.64
909,332.00
5,042.34
2,555.7 5
91.20
ì,t I 5.1 0
72,660.00
8.77
I t 0.50
1 ,l 00.00
187.23
20,250.00
'l 0.898.ó0
220,718.70
250.21
62.50
7.35
375.00
22A00.00
2,556.90
1,405.22
1,530,747.25
30,555.35
357.44
939.84
332.25
604.20
ì 0,750.00
25,000.00
3,247,334.38
184,445.27
47,101.91
11,252,320.12
5,042.34
2,555.7 5
9t.20
I ,l 15.10
72,660.00
8.77
r 10.50
r ,100.00
187.23
20,250.00
t0,B9B.ó0
220,71870
250.21
62.50
7.35
375.00
223,006.L5
L27,L06.8L
132,485.88
3,288,232.52
909,332.00
(o.oo)
0.00
4,680,163.36
J - 62/02/2016
DATE: February 2, 2016
TO: City Council
FROM: BYRON OLSON, CHIEF FINANCIAL OFFICER
SUBJECT: CFP IT0614 Server Replacements
Summary: The current SQL and virtual desktop hosts are 5 years old and have become
performance and expansion inhibited. Currently, the server clusters directly support more than 13
critical primary enterprise SQL virtual servers with multiple databases, 11 critical virtual servers,
81 virtual user desktops, and two critical management servers. Our dependence on the virtual
environment will continue to increase as we phase out individual dedicated physical servers. The
proposed hardware replacement will quadruple our current server host capabilities and capacity.
Funding: $150,000 has been included in the 2016 Budget and the Information Technology
Strategic Plan for CFP IT0614 Server Replacements.
Recommendation: Staff recommends moving forward with this hardware purchase under
Washington State Contract through IBM/Lenovo business partner Nordisk Systems.
Background / Analysis: Memory and expandability limitations in the existing virtual server
cluster/management hardware systems have started to impact performance and capabilities. The
current hosts are limited to 2 expansion slots and 288 gigabytes of memory. The proposed
replacement hardware has 7 expansion slots and capacity of up to 1.5 terabytes of memory. In
addition, the replaced hardware will be retained for use as spares and to support the test
environment. This test environment will be utilized to test various processes and upgrades in a
non-production system, for staff training, and troubleshooting. Without replacement, continued
and more severe limitations on performance and capabilities will occur. The lack of a test
environment will mean continued testing in a live production cluster with unknown
consequences and possible additional issues.
Funding Overview: This purchase consists of four servers at a cost of $135,397.02 and two
servers at cost of $11,740.61 to replace the existing server hosts for Primary SQL Server Cluster,
Primary View Server Cluster and management servers. Funding for this project is in accordance
with the Information Technology Strategic Plan and has been included in the 2016 Budget.
C I T Y C O U N C I L M E M O
J - 72/02/2016
J - 82/02/2016
J - 92/02/2016
J - 102/02/2016
J - 112/02/2016
DATE: February 2, 2016
TO: City Council
FROM: TERRY GALLAGHER, CHIEF OF POLICE
SUBJECT: Jefferson/Clallam County 9-1-1 Regionalization Study
Summary: ADCOMM Engineering Company has completed a State funded study of 9-1-1 center
regionalization (consolidation) alternatives available to Jefferson and Clallam Counties. The
completed study is being provided to Council as an information item.
Funding: This is an information item only. There is no budget impacts associated with the
provision of this report to Council.
Recommendation: Information item only.
Background:
The State of Washington contracted with ADCOMM Engineering Company “to determine the
feasibility of providing regionalized 9-1-1 service to Clallam and Jefferson Counties, with the
intent of improving efficiency while sustaining or improving effectiveness.” The completion of
the study was delayed for a lengthy period of time because of severe staff challenges at
ADCOMM, however, the report is now complete and a copy is attached for City Council review.
ADCOMM identified five shared service or consolidation alternatives in the report. Alternative
#1 is for the respective 9-1-1 centers to join at the administrative level as an initial step toward
regionalization.
ADCOMM Study Alternative #1: Shared Management and Administration: this alternative
would allow the two organizations to gain deeper understandings of each other’s operations,
align operations and practices where possible, and achieve slight economic savings.
Council approved PenCom moving forward with the exploration of alternative #1 some time ago.
Currently there exists a working committee that has prepared a draft interlocal agreement that we
expect to bring before Council at the March 1, 2016 regular council meeting (if not earlier). If
C I T Y C O U N C I L M E M O
L - 12/02/2016
approved by Council the agreement appoints a single director to manage both the Jefferson
County and the Clallam County 9-1-1 centers.
The new director will be tasked with exploring the remaining four alternatives identified by
ADCOMM, and moving Jefferson and Clallam counties toward full regionalization at a pace and
in a manner approved by the respective elected bodies of both counties.
The complete study can be found at: http://wa-portangeles.civicplus.com/294/Peninsula-
Communications.
L - 22/02/2016
PUBLIC WORKS CONTRACT STATUS REPORT
November 2015 / December 2015
(COSTS SHOWN INCLUDE APPLICABLE TAXES)
ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL
PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL
WORKS ROSTER CONTRACTS UNDER $25,000 AWARDED IN LAST 30 DAYS
(QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST’S OFFICE)
CONTRACTOR
OR VENDOR
CONTRA
CT/ PO #
DESCRIPTION DATE AWARDED
AMOUNT
GenTech Northwest,
LLC
MEC 15-36 Pump Station #10 Generator
Purchase
December 11, 2015 $24,210.05
*Lakeside Industries CON 15-36 Front and Oak Street Asphalt
Repair
October 30, 2015 $20,943.41
*Small Works Roster Contract
UPCOMING PUBLIC WORKS CONTRACTS
(NEXT 60 DAYS; ESTIMATED DATES SHOWN)
PROJECT
TITLE
ADVERTISE FOR BIDS
BID OPENING
START CONSTRUCTION
END CONSTRUCTION
None
PROJECT TITLE
ORIGINAL
BUDGET
(Construction)
ORIGINAL
CONTRACT
AMOUNT
PRIOR
CHANGE
ORDERS
NOV. & DEC.
CHANGE
ORDERS
REVISED
CONTRACT
AMOUNT
2012 SCADA System
Upgrade-Replacement
(PSA 2012-09/WW0210)
$855,150.00 $570,102.70 $273,920.76 $0.00 $844,023.46
WW10-08 CSO Phase 2 $15,836,159.00 $15,198,782.57 $80,451.61 $80,568.12 $15,359,802.30
Landfill Cell Stabilization
(SW02-12) $15,983,577.00 $13,086,625.62 $1,066,031.85 $87,895.17 $14,240,552.64
TR02-2003 Waterfront
Development Phase 2C –
Upland
$3,729,873.17 $1,238,563.50 ($101,384.10) $221,857.38 $1,359,036.78
GG1501 City Hall &
PenCom Emergency Power,
HVAC, & Fire Suppression
$1,117,484.75 $1,064,271.20 $9,811.11 $23,228.98 $1,097,311.29
CL06-2012 Light Pole
Replacement Phase II $100,000.00 $90,852.72 $0.00 $0.00 $90,852.72
WT01-14, Marine Drive
Water Main Replacement $1,440,000.00 $1,057,767.20 $0.00 $0.00 $1,057,767.20
18th Street Reconstruction –
TR1699 $1,458,270.00 $1,303,893.55 $3,250.00 ($148,801.38) $1,158,342.17
2015 Power Line Tree
Trimming – SVC15-33 $100,000.00 $100,000.00 $0.00 $9,840.00 $109,840.00
Overhead Reconductoring-
CL01-2014 $200,000.00 $199,792.00 $0.00 $0.00 $199,792.00
L - 32/02/2016
PUBLIC WORKS GRANT & LOAN STATUS REPORT
November 2015 – December 2015
PROJECT
DESCRIPTION
PROJECT
COST
GRANT/LOAN
SOURCE & ID
AMOUNT
GRANT MATCH/
LOAN DATA
AWARD
LISTING
STATUS
Power Systems
None at this time
Stormwater
Peabody Water Quality
Grant
$250,000
(including
grant-funded
design)
DOE FY 2012
Supplemental
Statewide Stormwater
Grant Program
$162,750 from
DOE; $54,000
minimum City
match
March
2014
Final grant
reimbursement
submitted, final
grant amount
$157,242.78
Green LID Alley
Project Grant
$676,980
(including
grant-funded
design)
DOE FY2016
Stormwater Financial
Assistance Program
$461,250 from
DOE; $153,750
minimum City
match
July 1,
2015
Final grant
agreement for
Council approval
Feb 2016
Decant Facility
$680,554
(including
grant-funded
design)
DOE FY2016
Stormwater Financial
Assistance Program
$474,300 from
DOE; $158,100
minimum City
match
July 1,
2015
Final grant
agreement for
Council approval
Feb 2016
Capacity Grant NA
DOE
WQSWCAP-1517-
PaAnPW00007
$50,000
Grant with no
match requirement
January
2016
Draft agreement for
Council approval
Feb 2016
Wastewater
CSO Phase 2 Projects,
Design & Construction $19,024,031
DOE State Revolving
Fund (SRF)
Construction Loan
$12,000,000
$12,000,000
Loan at 2.7%
interest; no match
required
June 2014 Construction
ongoing
Transportation
18th Street
Reconstruction
$1,494,000
Washington State
Transportation
Improvement Board
(TIB) & Regional
Surface Transport-
ation Program (STP)
TIB Funds
$513,767
STP Funds
$804,845; City
match $175,400
November
2013
Construction
complete; grant
closeout
Hill Street ODT $200,000
WSDOT 2015
Pedestrian and
Bicycle Safety
Funding
$200,000 design
only June 2015 Funding offer letter
received
Marine Drive Channel
Bridge
$100,000
Design
Surface
Transportation
Program
$75,000 (design),
min match 13.5%
March
2015
Allocation, need to
negotiate
agreement.
Solid Waste
2016-2017 Waste
Reduction, Recycling,
Moderate Risk Waste
Disposal
$159,000 DOE Coordinated
Prevention Grant
$119,250 grant
$39,750 City
January
2016
Active
Landfill Bluff Cell
Stabilization $21,249,693 Interagency
Agreement with DOE
$3,999,100
Financial
Assistance in 2014
$6,495,500
maximum Financial
Assistance in 2015
July 2015
2015 funding offer
in July 2015.
Agreement
pending, Funding
amount in question
L - 42/02/2016
List of Acronyms
BRAC: Bridge Replacement Advisory Committee
BPA: Bonneville Power Administration
DOE: Department of Ecology
DWSRF or SRF Drinking Water State Revolving Fund or State Revolving Fund
NOANet Northwest Open Access Network
NOSC North Olympic Salmon Coalition
PASD Port Angeles School District
PSP Puget Sound Partnership
PWB: Public Works Board, administers the PWTF Program
PWTF: Public Works Trust Fund
RCO: Recreation and Conservation Office
SRF: Salmon Recovery Funding
TIB, AIP or PSMP: Transportation Improvement Board, Arterial Improvement Program or Pedestrian Safety and
Mobility Program
WSDOT: Washington State Department of Transportation
L - 52/02/2016
ADS LLC GSO Flow Monitoring Project
CSO Flow Monitoring, WW14-2014
Date Agreement Auihorized by Council: July 1,2014
Agreement Expires: July 15,2016
Billings Through: November 1 5, 2015
fask #Description Contract Amount Billings to Date% Complete,
1 Flow Monitoring Field Service (3 CSO sites)$57,934.25$35.404.28 61o/a
2
Monitoring System Uptime, Data Analysis, and
Reports (5 CSO sites)$39,604.80 $25,083.04 630/o
3
CSû Site Wireless Communication (3 CSO
sites)82,118.22 $1,294.4€61Yc
4
webs¡te uata lJisplay and Alarm Noilllcation
(5 CSO sites)$4,696.80 $2,974.64 630/.
5
Tra¡ning, support and hgulpment - upon
request $20,000.00 $2,779.37 14o/.
6
Flow Meter and weather station lnitial
Calibration (6 sites)$o.oo $0.0c 0o/"
7 Website Setup $2.867.18 $0.0c lTc
I
ln¡t¡al lnslallaUon or tteplacement o1
Equipment $0.00 $0.0c 0o/.
Totals $127.221.25 $67,534.81 53o/.
L - 62/02/2016
Anchor QEA Agreement, Project No. SW02-2012
Construction Management Services
Date Agreement Authorized by Council: April 15,2Q14
Agreement Expires: December 31 ,2015
Billings Through: November 30, 2015
Iask #Task
Original
Contract
Amount
This lnvoice
Amount Prevíous Total New TotalComplete
1
Poñ Angeles Landfill Stabilization Project
No. SW02-2012 - Construction
Management $1,429,000.00 $61,640.24 91,444,280.95 s1.505.921.1991.3%
Amendment No. 1 $219,927.34
Total çontract Amount $1.648.927.34
L - 72/02/2016
Aspect Consultant Agreement, Project SW08-01
Landfill Post Closure Consulting & Engineering Seru¡ces
Date Agreement Author¡zed by Counc¡l: October 7, 2008
Date Amendment 'l Authorized by Council: September 15, 2009
Date Amendment 2 Authorized by Counc¡l: February 1 5, 20 1 1
Date Amendment 3 Authorized by Council: Jaîuary 17,2012
Date Amednment 4 Author¡zed by Council: January 21,2014
Agreement Exp¡res: April 30,2016
Bill¡ngs Through: 1 21251201 5
Task #Task
Or¡ginal contract
Amount
Contract Amount
through
Amendmènt 1
Contract Amount
Through
Amendment 2
Contract Amount
Through
Amendment 3
Contract Amount
Through
Amendment 4
Billings
to Date
%
Complete
1.1 Gmundwater Re'oÌ7s
1't1 B¡annual Reoorts $6 500 $26.1 00$34.'100.00 $53.224.00 $84,000.51 s115761 09 1380/d
112 Annuâl Grôundwãter MÕnitorino Raoort s1 3 500 s43 400s58.400.00s87.907.00 $ 1 36,049.68 $127,015.62 93a/
Seawall Fluid Report ß8 000 $'15 500 sl 5 500 $'15.500 $15.500.00 $13,724.30 8q0/"
1.2 Seawall Mon¡toring Repoú and
Beach Mon¡toríno
't.2.1
Analys¡s of Transect data, Tech Memo
and Recommendations $9.O00 $14.800 $1 9,800.00 s32 470 00s32 470 00 s29.1 00.02 900/o
1.2.2 Beach Monitor¡no Site Visit s7 526 26 s756.09 1Oo/o
123
Annual Beach Morphology Monitoring
ReDort $8.000 $ 18.300 $27.300.00$48.459.00 s80 196 05$26 475.35 33ô/.
124 Beach Monitorino Reoulatorv Suooort $8,501.74 oo/i
13 Fvaluâl¡ôn of Mônitor¡no Well #3 $6.000.00 s6.000.00 $6,000.00 $6,471 .75 'to80/"
1.4
Evaluat¡on of Env¡ronmental Monitoring of
the 304 Compl¡ant Landfill $8 000.00 $8.000.00 s8.000.00 $0,00 oo/"
1.5 Evaluat¡on of the Landf¡ll Gas Svstem s7 000 00s51 658.72 s111 .362.50 $'1 1 1 .266.18 100vo
2 Mâ¡ntenance SuDDort $1 3.000 $6.000 $1 2 000 $24 000 s38 61 I $36.658.71 95Vo
3 Macro-Aloae Survev s0 s61 .000 $61.000 $111 .000 $104,522 $1 03,264.67 990/
Total s58 000-o0 s185.100 $249.100s438.21A.72$632.747.64s570.493,78 900/"
L - 82/02/2016
BROWN AND CALDWELL CONSULTANT AGREEMENT
Proj€ot WWl0{8 CSO Pro.ieots Phaso 2
Contract 06-01 (Through Amendment 20)
Contraol Expiæai 12-31-2016
Billlng Throush; 11 12612015
Table 2 - Breakdown of Payment No. 36
Tâçk ü Amendment 19 Amendment 20 Amounl Previous Tota New TotalComplôtô
1g cSÕ Pro¡€cis Phâs€ 2 $2 ¿¿¿ 61ô OÕ s1 a3a 98t 00 s0 00 sl 845 241 3ç s1 a45 241 39 I O0 30/ô 463-7489"594.651 0 WF157555-04 WW10-2008
20
Peabody Culvsrt
lnvêslioâtiôñ $1 15 ¿83 00 3115 483 fto s0 00s95 250 81 s95 250.81 82 50/i 463"7489.594-6510 WF157555-04 WW10-2008
21
Front Street Stormwgtor
Sooeret¡on $67 234 00 $67 234 00$0 00s77 923.01s77.923.O7 115.5o/,¿Â1-7¡AA-60¿-¿C1ô WFi 6ôôar-ôr' \ffin1-rô1 I
Conslruction Support
tcso)$585 629 00$20.675 37$322.837.97$343.513.34 54.70/"ÁÂa-7¿aq-cq4-Âq,ô t[Fr5766q-n¿ lM1ô-rooa
,t,
çon3¡ruçron Þuppon
lFronl Strêèl Slormwãlèrl çrô ôôn ñô ßl t1, Ao s1n lÂq 6F *11 302 ¿5 4Â3-7d8A.504-¿51 ô WFI 5003r-O¿ WWOl-2oi I
62,351,422.öN
Chêck súm -ô2,3 I3,231 .06
s2 373 231.06
PW0410_02 lRev¡sed 8/061 L - 92/02/2016
CH2M HILL CONSULTANT AGREEMENT
2016 Water System Plan Update
Project Number WTO1 -201 5
Date Agreement Authorized by City Manager: March 2, 2015
Contract Expires: 12-31 -201 6
Billing Through : 101231201 5
Payment No. 3
Task #Task
Original Contract
AmountCurrent lnvoice
Previously
lnvoiced Billinos to Date
%
Complete
1 Description of Water Svstem $11.549.00 $424.00 $2.756.00 $3,180.00 27.53%
Water Use $12,077.00 s848.00s5.088.00 $5.936.0049.15%
3 Svstem Analvsis $14.505.00 $5.088.00 $2.968.00 $8,056,00 55.54o/o
4 WUE. Water Riohts. Svstem Reliabilitv. and lnterties $3,209.00 $0.00 s1.272.OO s1 .272.00 39.640/o
5 Source Water Protection $8.161.00 $0.00$848.00$848.00 10.39%
b Operation and Maintenance Proqram $4,149,00 $0.00 $0.00 s0.00 0.00%
7 Desion and Construction Standards s1.937.00 $0.00 $0.00 $0.00 0.00%
o lmprovement Prooram $4,053.00 $0.00 $0.00 $0.00 0.00%
o Financial Analvsis s7.561.00 $0.00$0.00 $0.00 0.00%
10 Aopendices $8,381.00 $0.00$0.00 s0.00 0.000/o
11 Executive Summarv $3.104.00 $0.00$0.00 $0.00 0.00%
12 Hvdraulic Modelino $16,781 .00 $0.00$0.00 s0.00 0.00%
13 Document Preoaration and Reviews
1 3.1 Preliminarv Draft $13,429.00 $0.00$0.00 $0.00 0.00%
13.2 Final Draft s12.202.00 $0.00 s0.00 $0.00 0.000/o
13.3 Final Plan $10,258.00 $0.00 $0.00 $0.000.00%
14 Proiect Manaqement and Accountinct $18,644.00 $988.80$2,807.20 $3,796.00 20.360/o
s150.ooo.oo s7.34E.EO $1 5.739.20s23.0EE.o015.39%
L - 102/02/2016
Herrera Consultant Agreement, Project OCA 201 1 -03
Landfill Cell Stabil¡zation Engineering Seru¡ces
Date Agreement Authorized by Council: October 18, 201'l
Agreement Expires: Dêcember 31, 2015
Amendment No.1: ¡¡arch'13, 2012
Amendment No.2: June 19,2012
Amendment No.3: March 19,2013
Amendment No. 4: July 16, 2013
Amendmenl No.5: November 19,20'13
Am€ndment No.6: January 21,2014
Amendmenl No. 7: April 15,2014
BÌllings -f hrough: 1 1 127 l2O1 5
Tâek ü Contract Amount
Bill¡ngs
to Date
o/o
Comolete
1 PÍelim¡naN Research and SUDDo¡l s1 635 00 $r 135.62 69%
t Data Review $18 031 s10 251 89 570/ø
3F¡eld Reconnaissance $10 861 s3 720.56 340/ø
4 s9 007s8 203.48 910/ø
5
Short Term Refuse Assessemenl and
Conta¡nment SUDDoñ s25 956$32 481.83 1250/0
6
Drainage System Mod¡fications Assessment,
Desion. and Suooort $31 't60 $40 840.9S 13',1o/o
7 3onstruction Administrative Sery¡ces $25 000$19 779 01790/ı
I Shorêline Monitodno Proo€m s54 000$46 193 77 86%
I
Geophysical lnvest¡gation of 304-Compliant
Landfill Cell $49 700s64 063 88 129o/o
'1 l)
Summary of Data Collection and Concêpt
Dêsion Rêflnêmênt s53 500s22 721 47420/.
11
Landfll Evaluation and Removal Alternative
s59 100 s129 n7920 2190/.
1t
Bluff loê Stab¡l¡zation Concêpt l\¡¡tlgation
Plân s¿3 700s13 al9 58 320/^
13 Grânl/Fund¡no Suooorl $'Í 5 000$3 899 76 )60/"
1Á Pro¡êcl Mânâôêmenl s57 38¿$7A O55 69 13F,0/6
15
Cumulative Eflects Analysis of Prêcast
Armorino t Jnils s84 r85 s71 l¡0r] a4 440/"
1Â Pêrmil Dêvêloomenl & Aoolicâl¡ons s25A 57'ls377 873 51 1 460/"
17 30Yn Dês¡ôn Develoomenl s797 2A1 s72A 372 79 91ø/"
1A Publìc C)utrêâch sl 5 000$8 832 93 590/.
19 Prôiecl Mânâôêment s58 200 s85 573 93 1 470/.
,o Finâl Desiôn 1600/" ând qoo/"ì s502 90cs447 112 90 8S%
)'l '1 OOo/n (ìônlrâcl f)ôcl¡mênls s163 500 s151 655 20 930/"
)2 Silê lnvesliôâliôns so6 goc s101 41322 1060/.
)3
Supplemental Permitting and Cultural
RêsôLtrcês s62 50C 946 1A5 27 7 40/.
2A Puhl¡c lñvôlvêñênl s't 5 50c s¿râ75 30/^
25 Rid Phâcê Silñôôd s32 500s73 378 8A 2)Ê,0/"
26 Addit¡onal Retuso Removal Conceot s71.644 R)q a(A 7^410/"
27Suoolêmêntal PS&E $73 536s70.271.23 960/0
)a GW-l PumoinÕ ân.l GW r/3 Mon¡lorino s30 5¿¿s53 532 48 17 50/"
)q Sêâwâll Ancêsa Rôâd Anâlvcia s¿, 19f)s3, l¿3 50 760/"
30Generãl Stormwater Permit $24.645 *t5 5q, RÂ 1¡ao/"
31 Permittino $39.996 $1.1 07.093%
39 Môniiôr¡nô Wâll Grôr rndwâiêr lnvâcl¡ôâtinn s115331îÁ1 233, 5A 360/"
33
D6s¡gn Engineering Sêryices dur¡ng
Construction $426 000 sü6 6A1 22980/.
Total Contract Amount $3 364 057 00$3 236 950 lS 960/o
L - 112/02/2016
Herrera Environmental Gonsultants
2015 Elwha River Hydraulic Analysis and Remediation
Payment 3
Contract approved by Council July 2'l,2015
Amendment 1 approved January 7 ,2016
Contract expires December 31 , 201 6
Billings through December 31 , 2015
Table 1 - Summa of
Payment #Time Per¡od
tnvotce
Number(s)
AmounI
RequestedPayment Total
uumutaltve
ïotal
1 at13t2015lo at2at2015 37203$7.455.39$7.455.39$7.455.39
2 4t29t201 5 to 1 1 t27 1201 5 37637 $1 .103.70 $6.559.09s1 ,103.70
J 1 1 1281201 5 lo 12131 l2O1 5 37836$10.292.05$10.292.05 s1 8.851.14
Check Total =$18.851 .14
PW 0410_02 lRevised 8/061 L - 122/02/2016
Printed 112512016
City of Port Angeles
HERRERA AGREEMENT, STORMWATER ENGINEERING/PLANNING SERVICES PSI
Date Agreement Authorized by Council: April 21,2015
Agreement Expires: April 30, 2017
Bilti Throuh: Nov 27 2015
Subtask #Description
\,ngrnar
Contract
Amount
Billings to
Date% Complete
94%1.0 Preliminary Assessment of Codes and Policies $28,944.00$27,272.03
2.0 Draft Revisions to Applicable City Codes and
Policies $29,592.00 $16,069.34 54o/a
$3,579.96 2?%3.0 Planning Commission, UAC, City Council, and
Public Outreach Support $16,532.00
4.0 lmplementation Tools for the Development
Community $34,173.00$5,863.19 17%
5.0
Project ManagemenV Contract Administration $6,130.00$3,605.33 5go/o
49o/aTotal, Tasks 1.0-5.0 $115,371.00$56,389.85
L - 132/02/2016
CLERK STORAGE, POLICE DEPARTMENT & MECHANICAL REMODEL
Lindberg & Smith Architects, lnc., P.S.
Date Agreement Authorized by City Manager: March 20,2Q12
OriginalAmt Amend Amt TotalAmount
City Manager Approval: March 20,2Q12 $25,000.00 $25,000.00
City Council Approval: September 18,2012 $22,500.00 $47,500.00
City Council Approval: August 20,2013 $13,000.00 $60,500.00
City Council Approval: May 5,2014 $40,846.00 $101 ,346.00
Approved April T ,2015 $17,400.00 $1 18,746.00
Totals $25,000.00 $93,746,00
Agreement Expires: December 31 ,2015
Billings Through: 121291201 5
Phase #Task
2U1 1 Budget
Amount
uontract
Amount
Amenoeo
Amount Date Complete
1&2
Review ADA codes,
fire access and other
codes, and
Programming and
Schematic Design
$2s,000.00 $25,000.00 $12,922.s0 520/
3 thru 6
Design services for
mechanical & electrical
upgrades to computer
& raio equipment
rooms, remodel of 2lT
offices
$22,500,00 $93,746.00 $105,823.50 91o/o
Extra Engineering
Services for trouble
shooting Existing
system and design
repairs
jo/a
jo/a
0%
Totals $47,500.00 $25.000.00 $1 18,746.00 $1 18,746.00 100%
PW 0410_02 [Revised 08/06]L - 142/02/2016
MURRAY, SMITH & ASSOCIATES, INC.
ww 0713
Ediz Hook Wastewater Repair
Date Agreement Authorized by City Manager: March 6, 2014
Authorized Amount: $1 2,000
Agreement Expires: December 1, 2015
Billings Through: October 31,2015
Task #Task
zuub ðuoger
Amount
uontract
Amount
Amenoeo
Amount
öililngs ro
Date
"/o
Complete
1
Ediz Hook Wastewater
Repair $12,000.00 $11,953.52 99.6%
2 0.0%
3 0,00/o
Totals $0.00$12,000.00 $11,953.52 99.6%
PW 0410_02 [Revised 08/06]L - 152/02/2016
Robinson Noble
2015 Hydrogeological Service Feasibility Study
Payment 4
Date Agreement Authorized by City Manager: August 14,2015
Amendment 1: 1 I l24l2l1 5
Agreement Expires: December 31, 2O16
B¡ll¡ngs Through 1 1 13012015
Table 1 - Summary of Payments
$24,810.00
$2,500.00
Payment #Time Period
tnvorce
Number(s)
AmounI
Requested
uumutaltve
Total Percentage
1 4t14t2015 b 4t31t2015 1 5-692 .174.OO 18.95%
291112015 tô 9/30/2015 I 5-785 $1 51.260/o
3 'lOl1 I2O1 5 to 10131 12015 I 5-880 'lo 737 7'l 90.58o/o
4 1 1 t 1 1201 5 to 1 1 130t201 5 I 5-964 $2,573.75 100.00o/o
Check Total =27 310 00
PW 0410_02 lRevised 8/061 L - 162/02/2016
Sargent Engineers, lnc.
2015 Structural and Civil Engineering Services
Payment 2
Date Agreement Authorizedr: October 06, 201 5
Agreement Expires: July 30,2017
Billings Through 11 13012015
Table 1 - Summary of Payments
Payment #Time Period
Inv()tue
Numbe(s)
Affìouilt
Requested
uumuta(ve
TotâlPercentaqe
1 1Ol15l15lo 11130115
s{J1Zö
30173 $5.030.38s5.030.38 18.42o/o
12t1t2015 tô 12t31t15 30227 $1.O49.16 $6.079.54 22.260/o
O.OOo/o
O.0Oo/o
Chêck Tôlâl =s6 079.54
PW 0410_02 lRevised 8/06]L - 172/02/2016
Steve Schunzel Thomas
Date Agreement Authorized by City Manager February 27 ,2015
OriginalAmt
$4,000.00
Amend
$0.00
Total
$4,000.00Authorized Amount: February 27, 2015
Amendment: None
TOTALS
Agreement Expires: December 31 ,2015
Billings Through: December 31, 2015
$4,000.00 $0.00 $4,000.00
Task #Task
zu't¿+ Þuqgel
AmountContract Amount
Amenoeo
Amount
Ëililngs ro
Date
"/o
Complete
1
Database
administration $4,000.00 $4,000.00 $0.00 $2,700.00 68%
0o/o
0%
0o/o
0o/o
Totals $4,000.00 $4,000.00 $2,700.00 68o/o
PW 0410_02 [Revised 08/06]L - 182/02/2016
Streamkeepers Fecal Coliform Monitoring
Payment #20 - 20'15
Date Agreement Authorized by Council:
October 16,2012
Agreement Expires: December 31, 2016
Billings Through: 1 21 1 412Q1 5
Table I - Sum ofP nts
Streamkeepers Fecal Coliform Monitoring
Table2-Breakdownof ment
$3,475.20
¡,aymenÌ
#Time Period lnvoice Number(s)
¡\mounI
Approved
L,UmUraIrve
Total
"/o ol
Authorized
1 Januarv 201 5 Labor 2015.015R $138,30 $138.30 1%
s520.00 $658.30 3o/o2Februarv 2015 Lab Testinq 15-0206,15-0205
March 2015 Lab Testinq '15-0258 $468.00$1,126.30 6Yo
4 March 2015 Labor 2015.036R $919.23 $2,045.53 10o/o
s2.338.86 12o/oÃApril 2015 Labor 2015.046R $293.33
1 5-031 5 $520.00 $2.858.86 14Yo6April 2015 Lab Testinq
7,oril 2015 Lab Testino 1 5-0308 $124.00$2,982.86 15%
$341.64$3.324.50 17o/oIMay 2015 Labor 2015.063R
1 5-0368 $1,059.00$4,383.50 22%9 May 2015 Lab ïestins
10 Mav 2015 Lab Testinq 1 5-0337 $26.00
$52.00 $4.461.50 22%March 2015 Lab Test¡nq 1 5-0259
June 2015 Labor 2015.074R $818.73$5,280.23 26Yo11
$5,748.23 290k12June 2015 Lab Testinq 15-0411 $468.00
15-0457 s468.00$6,216.23 31%13 JulV 2015 Lab Test¡ng
14 Julv 2015 Labor 2015.084R $144.60$6,360.83 32%
15 ,uqust 20'15 Labor 2015.069R $48.20
I 5-051 6 $468.00$6,877.03 34o/oAuqust 20'15 Lab Testinq
16 September 2015 Lab Testinq 1 5-0570 $468.00$7,345.03 37o/o
s313.29$7.658.32 39o/oIISeptember 2015 Labor 201 5.1 00R
15-0612 & 15-0613 s517.0018October 2015 Lab Testing
42o/oOctober 2015 Labor 2015.117R $216.89 $8,392.2'1
s1.936.00 $10,328.21 52Yo19November 2015 Lab Testinq 1 5-0680
November 2015 Labor 2015.122R $240.99$10,569.20 53%20
55.06%21 December 2015 Testinq 1 5-0738 $442.00 $1'1,011.20
Gum Ghecl( lotâl =s11.011.20
New TotalTask #Task Contract Amount
tnts tnvotce
Amount
Prevtous
Total
$12.000.00 s442.00$7,094 00 $7,536.001Lab Testinq
2 Labor Costs $8.000.00 $0.00$3,475 20 '3,475.20
$0 00
$0.00 $0.00
$0.00 00
$0.00
$0 00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
00
$0.00
11.O11.20Totals$20,000.00 $442.00$10,569.20
Check sum =$11,011.21
L - 192/02/2016
Vanir Construction Management, lnc.
GSO Phase 2 Gonstruction Management Services
Contract No. WW10-08
Payment 18
Jeffrey S, Bender
1212112015
Date Agreement Authorized by Council: May 12,2014
Authorized Amount: $1,563,726.00
Agreement Expires: May 15, 2016
Billings Through: 1213112015
Table3-SummarySheet
Task #Task
ÇonIracI
Amount
Amenoeo
Amount
öililngs Ìo
Date % Complete
1 Hnase z uuu, Hrolect vvvvl u-uö $1,563,726.0C 0 I $1,70.6%
ïotals $1,563,726.0C $0.00 $1.103.922.08 70.60/o
PW 0410_02 [Revised 8/06]L - 202/02/2016
Vanir Construction Management, Project OCA 2012-02Task2
2O12 On-Call Construction Management Services
Date Agreement Authorized by Counc¡l: September 1 8, 2012
Agreement Expìres: June 30, 2016
Billings Through: 1 1 l30l2o1 5
fask #Task
Contract Amount This lnvoice
AmountProvious Total New Total
%
Completê HTE Account Number
Wateiront Development Phase ll TR02-03
(Beach)g)9) a57 a)$0.00 $222.357.32s222.357.32 100.000/0 3't 0-7961 -595-65'1 0-WF1'1 4332-03-TR0203
Wateffronl Developmen¡ Phase ll TRO2-03
(Tra¡l)s56.629.75 s0.00$56 629 75 s56 629 75 100 000/.3'1 0-7S61 -5S5651 o-WF1 1 4332-03-TR0203
Walerfrcnt Development Phase ll TR02-03
(Uppland)s41 975 97 s2 03a ô8s33 7r9 85 s36 667 q3 g7 350/"31 ô-7qAl -5q5-651 o-WF1 1 ¿33,-O3-TR0203
Total Contract Amount s32ô q63 0¿$2,938.08 û312.716.92 $31 5.655.0098.35%
L - 212/02/2016
WOOD HARBINGER
PK03-2012 City Peir Fire Suppression System Phase 2
Date Agreement Authorized by City Manager: September 25,2014
Agreement Expires: December 31, 2015
Billin T h" 10t31t2015
Billings
to Date
ol/o
CompleteTask #Task
Original Contract
Amount
Pre-Design and
Review
Document
500.001 $4,500.00 100.00%
2 Construction Adminsitration and Sife Vislús $7,300.00$6,132.00 84.00%
$1 1,800.00 $10,632.00 90.10%Total Contract Amount
L - 222/02/2016
L - 232/02/2016
COMMITTEE, BOARD or COMMISSION
Approved by Council / As of January 19, 2016 Members Downie Kidd Bruch Collins Gase Merideth Whetham
Lodging Tax Advisory - Meets as needed 1 X
Real Estate - Meets the first Monday of the month if there are
agenda items. City Hall 3 X X X
Utility Advisory Committee - Meets 2nd Tuesday of month /
3pm / City Hall 3*Alt X X X
Solid Waste - Meets 3rd Thursday of odd months / 3pm /
Clallam Co. Commissioners Board Room 1*Alt X
Clallam Transit - Meets 3rd Monday of each month at 1pm.
Rotating locations 2*X Chair Alt
PRTPO (Peninsula Regional Transportation Planning Org.) -
Meets 2nd Friday every other month, 10am, location varies 1*Alt X
Law and Justice - Meets as needed 1*X Alt
PA Forward - 2nd Thursday of month / 7:30 am City Hall 2*Chair X Alt
Economic Development Council - Meets third Thursday of
month, 11am to 1pm / Lincoln Center, Room 208 1*X Alt
Feiro Marine Life Center - Meetings to be determined 1 X
William Shore Memorial Pool District - 4th Tues at 3pm /
Clallam Commissioners Board Room 2 X Chair
Disability Board - 3rd Tues of month / 9am at County Mayor
Fireman's Pension Board - Meets once a year Mayor X
Vol. Fireman's Pension Board - Meets once a year Mayor + 1 X X
Lauridsen Trust - Meets 3rd Thurs of month / 11am Mayor X
North Olympic Development Council - Meets 4th Thursday 1*X Alt
Port Angeles Regional Chamber of Commerce - Meets 2nd
Friday, noon, location varies 1*Alt X
Olympic Region Clean Air Agency - Meets 2nd Weds / 10am
Olympia 1*X Alt
Marine Resource Committee - Meets 3rd Monday / 5:30pm
Courthouse 1*X Alt
PA Downtown Assoc - 2nd Monday / 6:15pm / PADA Office 1 X Alt
City Wellness Committee - Meets as needed 1*X Alt
Olympic Peninsual Tourism Commission 1 X
Clallam Co. Board of Health Mayor X
Trust Lands Advisory Committee - Meets third Friday of the
month / noon / Courthouse 1 Alt X
*Indicates Alternate Needed. If you cannot attend, please contact your alternate directly.
CITY COUNCIL ASSIGNMENTS
L - 242/02/2016
L - 252/02/2016
L - 262/02/2016
To the Honorable Mayor Patrick Downie
City Council of Port Angeles
C.C. Nathan West
Good Evening,
I am pleased to file with you the current third and fourth quarter report for the Port Angeles
Downtown Association. The past year has been a very busy and dramatic year for the
Downtown Association with many successes and many challenges to work through. One of our
greatest struggles has been the board and its standing committees to implement and carry out the
big projects while struggling to keep up with important day to day needs and administrative
duties without staff support which we have always historically had. This means that sometimes
critical pieces of work that need to be done in a timely manner fall through the cracks as our
retailers, restaurateurs, shopkeepers, service providers get caught up in the seasonal press and
pull of the holidays and our Third Quarter report sat unfinished in the office.
Recognizing that there is a lot of important work that needs someone to take care of the day to
day tasks as well as provide the logistical support to implement key board policies and plans, the
Board of Directors of the Downtown Association voted to appoint me, Richard Stephens, then
current Board Vice President, to work as a part time Acting Administrator for the Downtown
Association and get us caught up on our paperwork and make sure we remain in compliance with
State, City and Main Street directives and imperatives.
Working with Nathan West I have finished up the Third and Fourth Quarter reports which I am
submitting for Council now and look forward to continuing to work closely with City Staff over
the next year.
Richard Stephens
Acting Administrator, Port Angeles Downtown Association
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Third Quarter Report
Summary Review on Progress of 2015 Work Plan
2015 Mission Workplan Statement: To organize in a manner that aids in the development of a
vibrant and prosperous Downtown. Through structured leadership, increased member
communication and active promotions, we aim to provide measureable results to downtown
businesses this year.
Organization – Provide Leadership to the Membership and Public
1. Begin a campaign for membership input documenting an engagement rate of greater
than 25% of Downtown Businesses for 2015.
We continue an active interface with our downtown members through regular e-mail
updates concerning construction work and upcoming events like Arts & Draughts.
Our Block Captain’s program has direct face to face contact with business owners,
arranging for participation in downtown events, collecting information and
participation buy in fees for special advertising and bringing back concerns to the
board.
2. Maintain an up to date roster of the Downtown Association Members and PBIA tax
payers and provide the City with quarterly updates.
Our Organization Committee is continuing to work with City Staff to keep our PBIA
list up to date. We are employing a new form for updates and changes for property to
help keep the list current.
3. Host annual and quarterly meetings.
Third quarter meeting with public held, focus was on upcoming Arts & Draughts
event, volunteer opportunities.
4. Increase and stabilize revenue sources to become financially self-sufficient.
Successfully obtain a minimum of 3 revenue contributions that are not derived from
the City’s General Fund.
Over $10,000 was raised in grants, corporate sponsorships and in-kind donations for
our first Arts & Draughts Beer and Wine Festivals including monies from the City
Hotel/Motel Lodging Tax Committee, a grant from the Port of Port Angeles and an
array of sponsors including D.A. Davidson, Country Aire, Bedford Sodas and more.
L - 282/02/2016
5. Develop a plan to handle a staff member in compliance with the Mainstreet Program.
Our Board President, Josh Rancourt serves on the search committee for an Executive
Director for the Port Angeles Regional Chamber of Commerce. He is apprising the
PADA Board of the ongoing search and the methodology of the search, application
process, etc. and it is hoped we can draw on that search experience for when we start
our search for a full time director.
6. Create an Outreach Program to partner with other community organizations to fulfill
common goals.
The Downtown Association is working closely with the Port of Port Angeles in many
capacities. This quarter the PADA moved its office to the second floor of the
Chamber’s Visitors Bureau and with a detailed Memo of Understanding is sharing
rents, utilities and some limited staff support which will provide a huge savings to the
Downtown Association. In addition, the board gets regular reports re: the ongoing
work and reorganization efforts of the Chamber and the PADA Board President
serves on a search committee for a new Chamber Director.
Economic Restructuring
1. Raise 75% of available revenue through the Main Street B & O Tax Credit Program
The Business Support Committee is pursuing the raising of B & O Tax Credits with
large, local businesses.
2. Develop projects that gather the support of businesses who qualify for the Main
Street Tax Credit Program. These projects include, but are not limited to, downtown
property revitalization, business recruitment programs, and financial support to
downtown businesses. Provide the City with a list of projects identified for the
program.
The Business Support Committee is seeking buy in and participation in the B & O
Tax Credit program from local businesses by presenting three major projects or
programs that PADA would like to earmark money raised through the B & O
program. These initiatives include 1. Funds for improvements to the Lincoln Theater,
2. Establishment of an Enterprise Business Fund for start up businesses in Downtown
to help launch new businesses and 3. A comprehensive three year alley rehabilition
project with improvements including additional lighting, security cameras and public
art and murals.
L - 292/02/2016
Design
1. Support businesses in obtaining grants to enhance visual designs. Assist the City in
reviewing a minimum of three downtown applications as a part of the Façade and
Signage Improvement program.
Downtown continues to be a business magnet that attracts renovation and
improvements. First Federal is beginning a series of remodeling for their downtown
branch. Kokopelli’s has taken over the long vacant Parker Paint space and is working
on a complete upstairs remodel to create a bar with a panoramic view. Design
Committee has no applications to review.
2. Support and cultivate art in public spaces. Work with local artists to introduce at
least two new works of art in public space.
For the Arts & Draughts Beer and Wine Festival the planning committee, responding
to the requests of the community and local artists and craftsmen, used a vigorous
vetting and screening process in the invitation and acceptance of artists and craft
people to display and sell at our Fall Festival event. 25 vendors sold LOCALLY
made items and our 13 Breweries and 7 wineries showcased regional and state wines
from both Eastern and Western Washington.
Seven bands performed on the event main stage, five of whom featured local talent as
well as a performance set by favorite local dance troupe, Shula Azhar. There were
free Gallery tours, a free Art on the Town tour as well as an open house for the
Lincoln Theater to showcase the plans for the refurbishing and remodeling of the
movie house into a multipurpose theater facility.
3. Support and develop projects to enhance the visual quality, cleanliness and security
of downtown. Promote and participate in the “Beautify Port Angeles” effort. Obtain
Right of Way Use permit for all Downtown businesses to utilize public Right of Ways
to enhance their facades.
A big push was made to get downtown “ready” for Arts & Draughts which included
sweeping sidewalks, making sure that Laurel Street was swept and ready to receive
visitors and promoting the event to all downtown and encouraging welcoming and
fall themed windows during the event. Many hours went into the clean up of Laurel
Street after the event finished to make sure that the street was in pristine condition
and ready for business to resume as normal on Monday.
L - 302/02/2016
The Arts & Draughts Planning committee worked closely with City Staff in several
departments including Police, Street planning, Sanitation and City Light and Power to
make sure that the permits, the garbage cans, safety protocols etc. were in place so
that everyone would have a fun, safe time.
Promotions
1. Create, manage and implement one large scale downtown event that provides
positive marketing and measureable economic impact for downtown
The Arts & Draughts was the signature promotional event for the PADA this
year, representing 8 months of planning with weekly meetings, sometimes
twice a week with over 500 hours of committee meetings and pre-event
preparations and 500 hours of work on Arts & Draughts weekend by PADA
Board and volunteers.
Over $10,000 in grant money, corporate sponsorship and in kind donations
were secured for this event. Over 725 people bought admissions to the Wine
and Beer Garden, this does not include the additional patronage of people who
came to hear the bands play and to shop the 25 Artists and Craft vendors
selling wares and demonstrating their artistic disciplines.
In all, some $34,000 worth of product was sold with festival costs totaling
$27,000 and the Downtown netting about $7,000 in profit for our first year for
this event.
2. Create, manage and implement a minimum of 3 promotional events
periodically throughout the year that provide positive marketing and
measurable economic impact for the downtown.
Other Fall promotions included a second Fall Quarter Coupon book, this time
with 43 businesses participating (up six from our earlier Spring/Summer book.
With Halloween falling on a Saturday, Downtown had a very busy Downtown
Trick or Treat with capacity crowds, a Thriller flash mob performance at the
Fountain and several parties in nightclubs throughout the night.
L - 312/02/2016
Fourth Quarter Report
Summary Review on Progress of 2015 Work Plan
2015 Mission Workplan Statement: To organize in a manner that aids in the development of a
vibrant and prosperous Downtown. Through structured leadership, increased member
communication and active promotions, we aim to provide measureable results to downtown
businesses this year.
Organization – Provide Leadership to the Membership and Public
1. Begin a campaign for membership input documenting an engagement rate of greater
than 25% of Downtown Businesses for 2015.
Downtown Board continued to use regular emails to members to provide updates and
information on upcoming Holiday promotions as well as to effectively use Block
Captains to get members information about holiday events and increase participation
in seasonal promotions.
2. Maintain an up to date roster of the Downtown Association Members and PBIA tax
payers and provide the City with quarterly updates.
Our Organization continued to update the list with new people coming in to
downtown but there was some confusion, uncertainty about how the City staff wanted
revisions, changes reported back. This has now been answered and will be part of our
regular quarterly updates to the City.
3. Host annual and quarterly meetings.
Our Fourth Quarterly meeting was held at the Feiro Marine Life Center with some 20
people attending. Highlights for the evening included a presentation on the future for
the Feiro and special recognition to Leslie Kidwell Robertson for her work in
Revitalize P.A.
4. Increase and stabilize revenue sources to become financially self-sufficient.
Successfully obtain a minimum of 3 revenue contributions that are not derived from
the City’s General Fund.
There were no major fundraisers during Fourth Quarter.
5. Develop a plan to handle a staff member in compliance with the Mainstreet Program.
President Josh Rancourt continued to serve on the search committee for the Regional
Chamber of Commerce Director and report to the Board on how the search was
L - 322/02/2016
progressing and what tools the Chamber was using in their search. A new Director
for Washington State Main Street Program was hired and Josh Rancourt and Richard
Stephens have worked with Director Breanne Durham to update her on Port Angeles’
status, where the board is, what our financial situation is and our plans going forward.
We have approval from the state office to continue our search for an Executive
Director and will maintain status as a full Main Street community and not as “an
Affiliate partner” community.
(Two weeks into our First Quarter, as part of maintaining our Full Status and to help
prepare for the transition of a Full Time Executive Director, the Board hired Richard
Stephens as a part time, 20 hour a week Acting Administrator).
6. Create an Outreach Program to partner with other community organizations to fulfill
common goals.
Downtown enjoyed great support and promotion with Revitalize Port Angeles which
helped in the social media promotion and actual volunteer support of a number of
Holiday Seasonal events including Downtown Tree Lighting and Noveberfest.
Economic Restructuring
1. Raise 75% of available revenue through the Main Street B & O Tax Credit Program
Solicitations and contacts were made for the securing of B & O Tax money, even
during the busy holiday season. Josh Rancourt, PADA President met with and made
presentations to Larry Keuth of First Federal, Bill Herman of Herman Logging/Sound
Wire and Rope, Laurel Black of Laurel Black Designs, Kevin Russel of Kevin Russel
Construction, Edna Pederson of Necessities and Temptations and Joe Gladfelter of
Olympic Distributing. When the fund was opened for signups the state cap was
reached in a day and a half while prospective businesses here in town were still
working out the arrangements with their boards and accountants.
2. Develop projects that gather the support of businesses who qualify for the Main
Street Tax Credit Program. These projects include, but are not limited to, downtown
property revitalization, business recruitment programs, and financial support to
downtown businesses. Provide the City with a list of projects identified for the
program.
The same “Big Ticket”, high profile items that were promoted in the Third Quarter
were part of the push in Fourth Quarter. A full color “brochure” that laid out the B &
O Main Street Tax Credit Program and laid out the major project options that we
L - 332/02/2016
envisioned using the money for was created and presented to prospective business
partners.
Design
1. Support businesses in obtaining grants to enhance visual designs. Assist the City in
reviewing a minimum of three downtown applications as a part of the Façade and
Signage Improvement program.
Not a lot of façade work was done during the holiday season but of note was the new
windows and ATM at the downtown First Fed branch as well as extensive interior
remodel. The new bar in Kokopelli’s is now open and work is in progress for the
“Coyote Pub” in the downstairs area of the old Parker Paint Store which will
eventually include sidewalk dining in the warmer season.
2. Support and cultivate art in public spaces. Work with local artists to introduce at
least two new works of art in public space.
The only major “Public Art” endeavor work in the holiday season was the $5,000
expenditure for the purchase and installation of Christmas lights throughout the
downtown. PADA is going to look at how we put out the bid for this next year to see
if we can get a more cost effective contract for installation and maintenance.
3. Support and develop projects to enhance the visual quality, cleanliness and security
of downtown. Promote and participate in the “Beautify Port Angeles” effort. Obtain
Right of Way Use permit for all Downtown businesses to utilize public Right of Ways
to enhance their facades.
There were no specific Clean up or Beautification projects during the Holiday season.
Promotions
1. Create, manage and implement one large scale downtown event that provides
positive marketing and measureable economic impact for downtown
One of the exciting post event follow ups to our Arts & Draughts Festival is the
number of breweries, wineries and crafters who were NOT in our inaugural event but
have contacted us and would like to be a participant in this year’s festival. We are
very excited about the buzz and interest, not just from returning participants but new
folks coming in as well.
L - 342/02/2016
2. Create, manage and implement a minimum of 3 promotional events periodically
throughout the year that provide positive marketing and measurable economic impact
for the downtown.
The Holidays are always a busy time downtown and this year was no exception.
Promotional events this year included the Annual Downtown Tree Lighting with
Santa Claus and emcee Master Nichols of the White Crane Martial Arts. Other retail
promotions included Extavaganza (new), Winter Bucks (new), Novemberfest and
Shop Till You Drop which had 30 participants this year, an increase of 10 businesses
from last year.
L - 352/02/2016
Jan - Dec 15
Ordinary Income/Expense
Income
4100 · Administrative Collections
4110 · Newsletter 20.00
Total 4100 · Administrative Collections 20.00
4300 · Design
4303 · Holiday Lights Contributions 4,965.13
Total 4300 · Design 4,965.13
4350 · Downtown Dollars Income 200.00
4600 · PBIA Assessments 38,670.59
4700 · Promotions Income
4701 · Promotion Income Other 3,417.00
4704 · Arts & Draughts Income 35,093.21
Total 4700 · Promotions Income 38,510.21
4805 · Youth Volunteer Income 26.00
4950 · Miscellaneous Income 132.50
4999 · Interest Income 0.00
Total Income 82,524.43
Expense
6050 · Administrative Expenses
6053 · Annual Meeting 130.20
6055 · Travel Reimbursements 86.10
6058 · Administrative Expense Other 335.79
Total 6050 · Administrative Expenses 552.09
6060 · Advertising Expense 217.15
6100 · Communication
6102 · Postage 85.60
6103 · Telephone/Internet 1,940.06
Total 6100 · Communication 2,025.66
6130 · Design Expense
6133 · Holiday Lights 5,029.52
Total 6130 · Design Expense 5,029.52
6160 · Dues, Licenses, Fees
6161 · Bank Service Charges 70.18
6160 · Dues, Licenses, Fees - Other 511.00
Total 6160 · Dues, Licenses, Fees 581.18
6200 · Insurance
6202 · Liability 3,230.63
Total 6200 · Insurance 3,230.63
6220 · Office Expense
6221 · Maintenance 13.39
6223 · Supplies 488.06
Total 6220 · Office Expense 501.45
6300 · Parking Expense
6309 · Parking Lot Planters 1,040.64
6312 · Sweeping/Snow Removal 325.00
Total 6300 · Parking Expense 1,365.64
6420 · Professional Fees
6421 · Accounting 3,391.25
Total 6420 · Professional Fees 3,391.25
4:57 PM PADA
01/17/16 Profit & Loss
Accrual Basis January through December 2015
Page 1L - 362/02/2016
Jan - Dec 15
6430 · Promotions
6437 · Promotions - Other 3,301.15
6438 · Promotion Arts & Draughts 24,090.25
6439 · Promotions Other (Main Street)2,105.98
Total 6430 · Promotions 29,497.38
6440 · Rent 5,286.33
6442 · Repairs/Maintenance Expense 900.00
Total Expense 52,578.28
Net Ordinary Income 29,946.15
Net Income 29,946.15
4:57 PM PADA
01/17/16 Profit & Loss
Accrual Basis January through December 2015
Page 2L - 372/02/2016
Type Date Num Name Memo Clr Split Amount Balance
Ordinary Income/Expense
Income
4100 · Administrative Collections
4110 · Newsletter
Deposit 01/22/2015 6362 Waters West 1130 · First F...20.00 20.00
Total 4110 · Newsletter 20.00 20.00
Total 4100 · Administrative Collections 20.00 20.00
4300 · Design
4303 · Holiday Lights Contributions
Deposit 01/22/2015154486 City of Port Angeles - Holiday Lights 1130 · First F...4,965.13 4,965.13
Total 4303 · Holiday Lights Contributions 4,965.13 4,965.13
Total 4300 · Design 4,965.13 4,965.13
4350 · Downtown Dollars Income
Deposit 07/31/201582406Sound Publishing downtown dollars 1130 · First F...100.00 100.00
Deposit 08/26/2015 83255 Sound Publishing Deposit 1130 · First F...100.00 200.00
Total 4350 · Downtown Dollars Income 200.00 200.00
4600 · PBIA Assessments
Invoice 05/19/2015 1005 City of Port Angeles PBIA Funds - July 2014 - March 2015 Pe...1200 · Accoun...33,169.95 33,169.95
Invoice 08/14/20151006City of Port AngelesPBIA Funds 1200 · Accoun...309.17 33,479.12
Invoice 12/31/2015 1010 City of Port Angeles PBIA Funds - From City for 4th Qtr 2015 1200 · Accoun...5,191.47 38,670.59
Total 4600 · PBIA Assessments 38,670.59 38,670.59
4700 · Promotions Income
4701 · Promotion Income Other
Deposit 04/13/2015 Mothers & Others Coupon book 1130 · First F...1,592.00 1,592.00
Deposit 04/17/2015 Mothers & Others Coupon book 1130 · First F...325.00 1,917.00
Deposit 06/11/2015 Deposit 1130 · First F...100.00 2,017.00
Deposit 06/11/2015 Gear Up 1130 · First F...25.00 2,042.00
Deposit 06/11/2015 Deposit 1130 · First F...25.00 2,067.00
Deposit 08/18/2015 46240 Country Aire, Inc Promotions 1130 · First F...50.00 2,117.00
Deposit 08/18/20151440 MOSS Promotions 1130 · First F...200.00 2,317.00
Deposit 08/18/2015 32438 Cornerhouse Restaura...Promotions 1130 · First F...25.00 2,342.00
Deposit 08/18/20151435 MOSS Coupon books Promotion 1130 · First F...25.00 2,367.00
Deposit 08/18/2015 1506 Cabled Fiber Studio Coupon books Promotion 1130 · First F...25.00 2,392.00
Deposit 08/18/20159167Alley Cat BoutiqueCoupon books Promotion 1130 · First F...25.00 2,417.00
Deposit 08/18/2015 1598 Fiddleheads Home & G...Coupon books Promotion 1130 · First F...25.00 2,442.00
Deposit 08/18/201519107Bay Variety Coupon books Promotion 1130 · First F...25.00 2,467.00
Deposit 08/18/2015 958 Angeles Brewing Suppl...Coupon books Promotion 1130 · First F...25.00 2,492.00
Deposit 08/18/2015 4445 Next Door Annex Coupon books Promotion 1130 · First F...25.00 2,517.00
Deposit 08/18/2015 2464 Jasmine Bistro Coupon books Promotion 1130 · First F...25.00 2,542.00
Deposit 08/18/2015 15000 Randolf Frederick Co Coupon books Promotion 1130 · First F...25.00 2,567.00
Deposit 08/18/2015 286 Poser Studios LLC Coupon books Promotion 1130 · First F...25.00 2,592.00
Deposit 08/18/2015 1708 Port Book & News Coupon books Promotion 1130 · First F...25.00 2,617.00
Deposit 08/18/2015 107002 Necessities & Temptati...Coupon books Promotion 1130 · First F...25.00 2,642.00
Deposit 08/18/2015 8695 Next Door Gastropub Coupon books Promotion - Full 1130 · First F...25.00 2,667.00
Deposit 08/18/20152925Skin Care Suites SpaCoupon books Promotion 1130 · First F...25.00 2,692.00
Deposit 08/18/2015 9419 Odyssey Bookshop Coupon books Promotion 1130 · First F...25.00 2,717.00
Deposit 08/18/20156463Waters West Coupon books Promotion 1130 · First F...25.00 2,742.00
Deposit 08/18/2015 30234 Brown's Outdoor Coupon books Promotion 1130 · First F...25.00 2,767.00
Deposit 08/18/20157000Olympic StationersCoupon books Promotion 1130 · First F...25.00 2,792.00
Deposit 08/18/2015 2635 Baby Grand Coupon books Promotion 1130 · First F...25.00 2,817.00
Deposit 08/18/20153863Blank Diamond BridalCoupon books Promotion 1130 · First F...25.00 2,842.00
Deposit 08/18/2015 Coupon books Promotion 1130 · First F...150.00 2,992.00
Deposit 08/26/20151250Mark'd Body Art Coupon Book 1130 · First F...25.00 3,017.00
Deposit 08/26/2015 5071 Michael's Divine Dining Coupon Book 1130 · First F...25.00 3,042.00
Deposit 08/26/2015107015Necessities & Temptati...Deposit 1130 · First F...100.00 3,142.00
Deposit 08/26/2015 2393...Beth Loveridge Coupon Book - Farmers Market 1130 · First F...25.00 3,167.00
Deposit 08/26/2015 Deposit 1130 · First F...50.00 3,217.00
Deposit 09/04/2015 Deposit 1130 · First F...25.00 3,242.00
Deposit 09/25/2015 BADA NW 1130 · First F...25.00 3,267.00
Deposit 09/25/2015 Moxie 1130 · First F...25.00 3,292.00
Deposit 09/25/2015 Anime Kat 1130 · First F...25.00 3,317.00
Deposit 10/01/2015 Deposit 1130 · First F...100.00 3,417.00
Total 4701 · Promotion Income Other 3,417.00 3,417.00
4704 · Arts & Draughts Income
Deposit 07/31/2015 2149 Vestuto Chart Atr Nonrefundable booth fee 1130 · First F...75.00 75.00
Deposit 08/07/20151004Diana Rhodes Booth Fee 1130 · First F...75.00 150.00
Deposit 08/11/2015 2639 Connie Rodibaugh Arts & Drafts Booth 1130 · First F...75.00 225.00
Deposit 08/14/20151311Fresh Hats Arts & Draughts 1130 · First F...75.00 300.00
Deposit 08/14/2015 1505 Cabled Fiber Studio A&D Sponsorship 1130 · First F...200.00 500.00
Deposit 08/21/20155290Wedo Fudge Arts & Draughts 1130 · First F...75.00 575.00
Deposit 08/21/2015 2003 Marla Steator Arts & Draughts 1130 · First F...75.00 650.00
Deposit 08/21/201513182Peninsula Friends of A...Arts & Draughts Booth Fee 1130 · First F...10.00 660.00
Deposit 08/26/2015 3158 B.R.P Enterprises, Inc Arts & Draughts 1130 · First F...100.00 760.00
Deposit 08/26/20154266Fantasy Flowers Arts & Draughts Booth Fee 1130 · First F...75.00 835.00
Deposit 09/01/2015 8693 Next Door Gastropub Beerfest Sponsorship 1130 · First F...500.00 1,335.00
Deposit 09/01/20152786Kurt Anderson Arts & Draught Donation 1130 · First F...1,000.00 2,335.00
Deposit 09/01/2015 15008 Randolf Foster Booth 1130 · First F...75.00 2,410.00
Deposit 09/01/2015 Cynthia Elstrom Booth Fee 1130 · First F...75.00 2,485.00
Deposit 09/01/2015 3160 Ruthan Toney Pacific Northwest Naturals Booth Fee 1130 · First F...75.00 2,560.00
Deposit 09/01/20154379Heidi & Doug HarrisBooth Fee 1130 · First F...75.00 2,635.00
Deposit 09/01/2015 1363 Yong Jin Asian Bakery booth fee 1130 · First F...75.00 2,710.00
Deposit 09/01/2015 1477 Curbside Bistro Booth Fee 1130 · First F...75.00 2,785.00
Deposit 09/01/2015 3200 Debi Breitbach Booth Fee 1130 · First F...75.00 2,860.00
4:59 PM PADA
01/17/16 Profit & Loss Detail
Accrual Basis January through December 2015
Page 1L - 382/02/2016
Type Date Num Name Memo Clr Split Amount Balance
Deposit 09/01/20151426BarHop Brewing Blonde Ale Level Sponsorship 1130 · First F...200.00 3,060.00
Deposit 09/01/2015 208 Joseph Irwin booth fee 1130 · First F...75.00 3,135.00
Deposit 09/01/20151751Kayla Washburn booth Fee 1130 · First F...75.00 3,210.00
Deposit 09/01/2015 45519 Country Aire, Inc A&D Sponsorship 1130 · First F...1,075.00 4,285.00
Deposit 09/01/20157020Radio Pacific A&D Sponsorship 1130 · First F...250.00 4,535.00
Deposit 09/04/2015 2015 4 Sisters Creations Booth Fee 1130 · First F...75.00 4,610.00
Deposit 09/04/20151154Lauralee Deluca Booth Fee 1130 · First F...75.00 4,685.00
Deposit 09/04/2015 228 Monica Gutierrez-Quarto Booth Fee 1130 · First F...75.00 4,760.00
Deposit 09/09/20151663Snow Creek Leatherbooth fee 1130 · First F...75.00 4,835.00
Deposit 09/09/2015 5054 Sequim Bee Farm booth fee 1130 · First F...75.00 4,910.00
Deposit 09/09/2015712Kate Bradshaw Refundable deposit 1130 · First F...10.00 4,920.00
Check 09/17/2015 6018 Yong Jin Asian Bakery Booth Fee X 1130 · First F...0.00 4,920.00
Check 09/17/201560194 Sisters CreationsArts & Draught Refund 1130 · First F...-75.00 4,845.00
Deposit 09/25/2015 Bier Cart Friday night 1130 · First F...2,085.00 6,930.00
Deposit 09/25/2015 1203 Celeste Grall Booth Fee 1130 · First F...75.00 7,005.00
Deposit 09/25/2015 2862 Su Howat Booth Fee 1130 · First F...75.00 7,080.00
Deposit 09/25/2015 16694 Ace Leather Goods Booth Fee X2 1130 · First F...150.00 7,230.00
Deposit 09/25/2015 1005 Wire Works Wonders Booth Fee 1130 · First F...75.00 7,305.00
Deposit 09/25/2015 2073 Jeffrey Tocher Booth Fee 1130 · First F...75.00 7,380.00
Deposit 09/25/2015 4198 Shara Lynn Smith Kathy Corriell Booth Fee 1130 · First F...75.00 7,455.00
Deposit 09/25/2015 2069 Maggie May's Espress...Booth Fee 1130 · First F...75.00 7,530.00
Deposit 09/25/2015 1453 Norman & Marilyn Hies...Booth Fee 1130 · First F...75.00 7,605.00
Deposit 09/26/2015 Tickets 1130 · First F...1,315.00 8,920.00
Deposit 09/26/2015 Tickets 1130 · First F...1,370.00 10,290.00
Deposit 09/26/2015 Beer Cart 1130 · First F...2,625.00 12,915.00
Deposit 09/26/2015 Tickets 1130 · First F...2,790.00 15,705.00
Deposit 09/27/2015 Beer Cart 1130 · First F...2,863.00 18,568.00
Deposit 09/27/2015 Beer Cart 1130 · First F...176.00 18,744.00
Deposit 09/27/2015 Tickets 1130 · First F...946.85 19,690.85
Deposit 09/28/2015 Deposit 1130 · First F...25.30 19,716.15
Deposit 09/28/2015 Deposit 1130 · First F...253.17 19,969.32
Deposit 09/28/2015 Deposit 1130 · First F...810.00 20,779.32
Deposit 09/28/2015 Deposit-MC/Visa 1130 · First F...3,726.34 24,505.66
Deposit 09/29/2015 Deposit-MC/Visa 1130 · First F...321.37 24,827.03
Deposit 09/29/2015 Deposit 1130 · First F...621.14 25,448.17
Invoice 10/01/20151007City of Port AngelesLodging Tax Award For Arts & Draughts 1200 · Accoun...2,875.00 28,323.17
Invoice 10/01/2015 1008 Port of Port Angeles.Community Partner Award for Arts & Drau...1200 · Accoun...3,333.33 31,656.50
Deposit 10/13/20155124Angela Oppelt Booth Fee 1130 · First F...75.00 31,731.50
Invoice 12/13/2015 1009 Brown Paper Tickets Arts & Draughts - Amount due from Brown...1200 · Accoun...3,361.71 35,093.21
Total 4704 · Arts & Draughts Income 35,093.21 35,093.21
Total 4700 · Promotions Income 38,510.21 38,510.21
4805 · Youth Volunteer Income
Deposit 09/25/2015 Candy income 1130 · First F...26.00 26.00
Total 4805 · Youth Volunteer Income 26.00 26.00
4950 · Miscellaneous Income
Deposit 10/13/2015 8738 Next Door Gastropub Donation 1130 · First F...132.50 132.50
Total 4950 · Miscellaneous Income 132.50 132.50
4999 · Interest Income
Check 01/05/2015 First Federal adjustment for early cash out 1120 · Emerg....-0.97 -0.97
Deposit 01/05/2015 Jan interest 1120 · Emerg....0.04 -0.93
Check 01/05/2015 Adjust interest for early cash out 1141 · Parking...-0.27 -1.20
Deposit 01/30/2015 Interest 1140 · Parking 0.27 -0.93
Deposit 02/27/2015 Interest 1140 · Parking 0.24 -0.69
Deposit 03/27/2015 Interest 1140 · Parking 0.14 -0.55
Deposit 04/30/2015 Interest 1140 · Parking 0.09 -0.46
Deposit 06/25/2015 Deposit 1140 · Parking 0.11 -0.35
General Journal 06/25/2015 419 6161 · Bank S...0.35 0.00
Total 4999 · Interest Income 0.00 0.00
Total Income 82,524.43 82,524.43
Expense
6050 · Administrative Expenses
6053 · Annual Meeting
Check 06/17/2015 5995 Richard Stephens 1130 · First F...130.20 130.20
Total 6053 · Annual Meeting 130.20 130.20
6055 · Travel Reimbursements
Check 05/26/2015 5982 Josh Rancourt Reimbursement for travel expenses 1130 · First F...86.10 86.10
Total 6055 · Travel Reimbursements 86.10 86.10
6058 · Administrative Expense Other
Check 04/11/2015 5969 Red Lion Inn Juan de Fuca Room/catering Acct 345 1130 · First F...64.50 64.50
Check 04/11/20155966 VOID:X1130 · First F...0.00 64.50
Check 04/11/2015 5967 VOID:X 1130 · First F...0.00 64.50
Check 06/15/20155990Red Lion Inn Peninsula Room 1130 · First F...64.50 129.00
Check 06/16/2015 5994 Olympic View Commun...Susan Howlett Presentation 1130 · First F...45.00 174.00
Check 09/30/20156042Captain T's Arts & Draughts 1130 · First F...161.79 335.79
Total 6058 · Administrative Expense Other 335.79 335.79
Total 6050 · Administrative Expenses 552.09 552.09
4:59 PM PADA
01/17/16 Profit & Loss Detail
Accrual Basis January through December 2015
Page 2L - 392/02/2016
Type Date Num Name Memo Clr Split Amount Balance
6060 · Advertising Expense
Check 06/15/2015 5993 City of PA Parks & Rec...Banner 1130 · First F...108.40 108.40
Check 09/17/20156016Beth Witters Arts & Draughts Banner 1130 · First F...108.75 217.15
Total 6060 · Advertising Expense 217.15 217.15
6100 · Communication
6102 · Postage
Check 07/16/2015 5999 Melissa Williams Reimbursed for expenses 1130 · First F...19.60 19.60
Check 09/01/20156012U.S. Post Office Post office box 1130 · First F...66.00 85.60
Total 6102 · Postage 85.60 85.60
6103 · Telephone/Internet
Check 01/09/20155952Century Link telephone 1130 · First F...442.82 442.82
Check 03/04/2015 5958 Century Link telephone 1130 · First F...431.60 874.42
Check 04/11/20155968Century Link telephone 1130 · First F...212.80 1,087.22
Check 05/01/2015 5974 Century Link telephone 1130 · First F...219.16 1,306.38
Check 05/26/20155981Century Link telephone 1130 · First F...187.70 1,494.08
Check 07/16/2015 5998 Century Link telephone 1130 · First F...245.68 1,739.76
Check 08/31/20156011Century Link telephone 1130 · First F...135.58 1,875.34
Check 09/30/2015 6037 Century Link telephone 1130 · First F...31.77 1,907.11
Check 12/04/20156101Century Link Account # 360-457-9614 676B 1130 · First F...32.95 1,940.06
Total 6103 · Telephone/Internet 1,940.06 1,940.06
Total 6100 · Communication 2,025.66 2,025.66
6130 · Design Expense
6133 · Holiday Lights
Check 03/04/2015 5965 Olympic Kiwanis 2014 lights 1130 · First F...3,500.00 3,500.00
Check 11/02/20156097Walmart lights for street trees and Christmas Tree 1130 · First F...1,529.52 5,029.52
Total 6133 · Holiday Lights 5,029.52 5,029.52
Total 6130 · Design Expense 5,029.52 5,029.52
6160 · Dues, Licenses, Fees
6161 · Bank Service Charges
Check 04/11/2015 5970 Visa 4003679120830211 1130 · First F...10.90 10.90
Check 05/01/20155978Visa VOID: 4003679120830211 Bank waived feeX1130 · First F...0.00 10.90
General Journal 06/25/2015 419 4999 · Interest...0.35 11.25
Check 09/22/2015 Compuchecks.comChecks 1130 · First F...50.94 62.19
Check 09/30/2015 1130 · First F...0.50 62.69
Check 10/01/2015 Heartland Fees 1130 · First F...5.99 68.68
Check 10/30/2015 Account Analysis Service Charge 1130 · First F...1.50 70.18
Total 6161 · Bank Service Charges 70.18 70.18
6160 · Dues, Licenses, Fees - Other
Check 03/04/2015 5959 City of PA PBIA 1130 · First F...40.00 40.00
Check 04/17/20155973City of PA PBIA 1130 · First F...40.50 80.50
Check 08/02/2015 6005 City of PA PBIA 1130 · First F...40.50 121.00
Check 08/14/20156009City of PA PBIA 1130 · First F...40.00 161.00
Check 12/04/2015 6100 National Main Street C...National Main Street Dues 1130 · First F...350.00 511.00
Total 6160 · Dues, Licenses, Fees - Other 511.00 511.00
Total 6160 · Dues, Licenses, Fees 581.18 581.18
6200 · Insurance
6202 · Liability
Check 06/12/20155987Wenner Davis InsuranceD & O insurance 1130 · First F...1,294.00 1,294.00
Check 09/30/2015 6041 Gellor Insurance Liquor Liability 1130 · First F...1,148.63 2,442.63
Check 12/04/20156103Liberty Mutual InsurancePOlicy # BLO56761991 1130 · First F...788.00 3,230.63
Total 6202 · Liability 3,230.63 3,230.63
Total 6200 · Insurance 3,230.63 3,230.63
6220 · Office Expense
6221 · Maintenance
Check 07/16/2015 5999 Melissa Williams Keys 1130 · First F...13.39 13.39
Total 6221 · Maintenance 13.39 13.39
6223 · Supplies
Check 01/09/2015 1247 VOID:1140 · Parking 0.00
Check 01/22/2015 5954 Pacific Office Equipment printer contract 1130 · First F...56.66 56.66
Check 03/04/2015 5960 Bay Variety Garbage Bags 1130 · First F...4.33 60.99
Check 03/04/2015 5963 Pacific Office Equipment printer contract 1130 · First F...75.88 136.87
Check 04/30/2015 Checks 1170 · Downto...44.20 181.07
Check 05/01/2015 5976 Pacific Office Equipment printer contract 1130 · First F...37.94 219.01
Check 05/06/2015 5979 Pacific Office Equipment printer contract 1130 · First F...37.94 256.95
Check 06/12/20155988Pacific Office Equipmentprinter contract 1130 · First F...37.94 294.89
Check 08/02/2015 6003 Beth Witters printer ink 1130 · First F...91.91 386.80
Check 08/26/2015 Harland Clarke Check ...checks 1130 · First F...55.08 441.88
Check 11/25/2015 Harland Clarke Check ...Check Order 1170 · Downto...46.18 488.06
Total 6223 · Supplies 488.06 488.06
Total 6220 · Office Expense 501.45 501.45
4:59 PM PADA
01/17/16 Profit & Loss Detail
Accrual Basis January through December 2015
Page 3L - 402/02/2016
Type Date Num Name Memo Clr Split Amount Balance
6300 · Parking Expense
6309 · Parking Lot Planters
Check 01/09/20151248Callahan's Landscapeparking lot landscaping 1140 · Parking 260.16 260.16
Check 03/04/2015 1250 Callahan's Landscape parking lot landscaping 1140 · Parking 520.32 780.48
Check 04/10/20151251Callahan's Landscapeparking lot landscaping 1140 · Parking 260.16 1,040.64
Total 6309 · Parking Lot Planters 1,040.64 1,040.64
6312 · Sweeping/Snow Removal
Check 03/04/20151249Peninsula SweepersInvoice # 7379 1140 · Parking 325.00 325.00
Total 6312 · Sweeping/Snow Removal 325.00 325.00
Total 6300 · Parking Expense 1,365.64 1,365.64
6420 · Professional Fees
6421 · Accounting
Check 01/22/2015 5955 Lena Washke Accounti...Accounting Services 1130 · First F...438.75 438.75
Check 03/04/20155964Lena Washke Accounti...Invoice # 4642 1130 · First F...552.50 991.25
Check 05/01/2015 5977 Lena Washke Accounti...Accounting Services 1130 · First F...270.00 1,261.25
Check 05/26/20155983Lena Washke Accounti...Accounting Services 1130 · First F...211.25 1,472.50
Check 06/15/2015 5992 Lena Washke Accounti...Accounting Services 1130 · First F...602.50 2,075.00
Check 08/14/20156006Lena Washke Accounti...Accounting Services 1130 · First F...406.25 2,481.25
Check 09/29/2015 6062 Lena Washke Accounti...Accounting Services 1130 · First F...260.00 2,741.25
Check 10/27/20156094Lena Washke Accounti...Invoice # 4996 1130 · First F...308.75 3,050.00
Check 12/04/2015 6102 Lena Washke Accounti...Accounting Services X 1130 · First F...0.00 3,050.00
Check 12/04/20156104Lena Washke Accounti...Accounting Services 1130 · First F...341.25 3,391.25
Total 6421 · Accounting 3,391.25 3,391.25
Total 6420 · Professional Fees 3,391.25 3,391.25
6430 · Promotions
6437 · Promotions - Other
Check 03/04/2015 5961 PenPrint Meet the candidates 1130 · First F...81.30 81.30
Check 04/30/20155971 Bada Bloom Mothers & Others Event 1130 · First F...271.00 352.30
Check 04/30/2015 5972 Olympic Party & Custo...Mothers & Others Event 1130 · First F...53.43 405.73
Check 05/06/20155980PenPrint Spring/Summer Coupon Books 1130 · First F...1,149.04 1,554.77
Check 06/15/2015 5989 Bay Variety Balloons for Cruise Ships 1130 · First F...15.61 1,570.38
Check 07/16/20155997PenPrint Gear up fathers day 1130 · First F...52.85 1,623.23
Check 08/02/2015 6004 Sound Publishing Fathers Day 1130 · First F...940.80 2,564.03
Check 09/03/20156013PenPrint Fall Coupon Books 1130 · First F...737.12 3,301.15
Total 6437 · Promotions - Other 3,301.15 3,301.15
6438 · Promotion Arts & Draughts
Check 07/16/20156000Washington State Liqu...Arts & Drafts 1130 · First F...250.00 250.00
Check 07/16/2015 6001 Washington State Liqu...Specialty Occasion License 1130 · First F...180.00 430.00
Check 08/14/20156007Sound Publishing Arts & drafts 1130 · First F...1,171.80 1,601.80
Check 08/14/2015 6008 PenPrint Beer Craft Brochures 1130 · First F...40.47 1,642.27
Check 09/15/20156014 KONP Inv # 6324-1 1130 · First F...1,000.00 2,642.27
Check 09/17/2015 6015 Hayley Croxford Arts & Draughts Wristbands/Aprons 1130 · First F...281.29 2,923.56
Check 09/17/20156017Melissa Williams Liquor License app 1130 · First F...5.75 2,929.31
Check 09/17/2015 6017 Melissa Williams Parking Decals 1130 · First F...45.00 2,974.31
Deposit 09/25/2015713915Washington State Liqu...Refund for over payment - Didn't need 2 li...1130 · First F...-250.00 2,724.31
Check 09/25/2015 6021 cash Change for Arts and Draughts Ticket Booth 1130 · First F...400.00 3,124.31
Check 09/25/20156031cash Change for Arts and Draughts Beer Cart 1130 · First F...400.00 3,524.31
Check 09/25/2015 6030 Marine View Beverage Arts & Draughts 1130 · First F...110.00 3,634.31
Check 09/27/20156023Black Lodge Arts & Draughts Band Fee 1130 · First F...150.00 3,784.31
Check 09/27/2015 6024 Whiskey Syndicate Arts & Draughts Band Fee 1130 · First F...500.00 4,284.31
Check 09/27/20156025Robbie Walden Arts & Draughts Band Fee 1130 · First F...1,500.00 5,784.31
Check 09/27/2015 6026 Pine Hearts Arts & Draughts Band Fee 1130 · First F...400.00 6,184.31
Check 09/27/20156027Joy in Mudville Arts & Draughts Band Fee 1130 · First F...300.00 6,484.31
Check 09/27/2015 6028 David Rivers Arts & Draughts Band Fee 1130 · First F...150.00 6,634.31
Check 09/27/20156034Gaurdian ElephantArts & Draughts Band Fee 1130 · First F...150.00 6,784.31
Check 09/27/2015 6036 Country Aire, Inc Arts & Draughts 1130 · First F...4,631.25 11,415.56
Check 09/27/20156032The Hop Crew BrewingArts & Draughts 1130 · First F...350.00 11,765.56
Check 09/27/2015 6033 Olympic Distributing Arts & Draughts 1130 · First F...691.28 12,456.84
Check 09/27/20156022Olympic DistributingArts & Draughts 1130 · First F...1,396.48 13,853.32
Check 09/27/2015 6029 Marine View Beverage Arts & Draughts 1130 · First F...4,012.44 17,865.76
Check 09/27/20156035Wind Rose CellarsArts & Draughts 1130 · First F...337.13 18,202.89
Check 09/29/2015 6056 Jake Blaski 3hrs @$15.00 Arts & Draughts Security 1130 · First F...45.00 18,247.89
Check 09/29/2015 6056 Jake Blaski 10hrs@$20.00 Arts & Draughts Security 1130 · First F...200.00 18,447.89
Check 09/29/2015 6057 Jacob Goudie 10hrs@$20.00 Arts & Draughts Security 1130 · First F...200.00 18,647.89
Check 09/29/2015 6058 Mark Napiontek 20hrs@ $20 Arts & Draughts Security 1130 · First F...400.00 19,047.89
Check 09/29/2015 6058 Mark Napiontek 2hrs@ $15 Arts & Draughts Security 1130 · First F...30.00 19,077.89
Check 09/29/2015 6059 Lucas Oppelt 3hrs@ $15.00 Arts & Draughts Security 1130 · First F...45.00 19,122.89
Check 09/29/2015 6060 Josh Pulczinski 4hrs @ $15 Arts & Draughts Security 1130 · First F...60.00 19,182.89
Check 09/29/2015 6061 Edward Paine 4hrs @ $15 Arts & Draughts Security 1130 · First F...60.00 19,242.89
Check 09/30/2015 6038 Camaradarie Cellars Arts & Draughts 1130 · First F...300.00 19,542.89
Check 09/30/2015 6039 Silver City Brewery Arts & Draughts 1130 · First F...315.00 19,857.89
Check 09/30/20156040PenPrint Arts & Draughts 1130 · First F...535.13 20,393.02
Check 09/30/2015 6040 PenPrint Arts & Draughts 1130 · First F...50.14 20,443.16
Check 10/01/20156043Next Door GastropubArts & Draughts 1130 · First F...1,454.12 21,897.28
Check 10/01/2015 6044 Sea Brewing Arts & Draughts 1130 · First F...291.00 22,188.28
Check 10/01/20156045Hayley Croxford Arts & Draughts 1130 · First F...508.62 22,696.90
Check 10/13/2015 6087 ACME Portable Toilets,...Arts & Draughts 1130 · First F...850.00 23,546.90
Check 10/13/20156089Next Door GastropubWe promote/swains reimbursment 1130 · First F...1,277.27 24,824.17
Check 10/13/2015 6090 Angela Oppelt Misc Arts& Draughts receipts 1130 · First F...44.49 24,868.66
Check 10/13/20156091Mary Sue French Misc Arts & Draught Receipt 1130 · First F...5.39 24,874.05
Check 10/13/2015 6092 Beth Witters Arts & Draughts 1130 · First F...285.28 25,159.33
Check 10/13/20156093Justin Tognoni Misc Arts & Draught Receipts 1130 · First F...127.44 25,286.77
Deposit 10/13/2015 68354 Marine View Beverage Refund 1130 · First F...-2,399.00 22,887.77
Check 10/27/20156095Jenny Stewart-HoustonArts & Draughts 1130 · First F...113.33 23,001.10
4:59 PM PADA
01/17/16 Profit & Loss Detail
Accrual Basis January through December 2015
Page 4L - 412/02/2016
Type Date Num Name Memo Clr Split Amount Balance
Check 10/27/20156096Sound Publishing Arts & drafts 1130 · First F...1,189.15 24,190.25
General Journal 12/31/2015 420 Refund from Sound Publishing received o...1299 · Misc R...-100.00 24,090.25
Total 6438 · Promotion Arts & Draughts 24,090.25 24,090.25
6439 · Promotions Other (Main Street)
Check 01/22/2015 5956 Sound Publishing advertising 1130 · First F...1,433.98 1,433.98
Check 06/15/20155991Sound Publishing advertising 1130 · First F...672.00 2,105.98
Total 6439 · Promotions Other (Main Street)2,105.98 2,105.98
Total 6430 · Promotions 29,497.38 29,497.38
6440 · Rent
Check 01/09/20155941JP Morgan Chse Lease...rent 208 N. Laurel Lease Aug, Oct, Nov 1130 · First F...1,122.39 1,122.39
Check 01/22/2015 5953 JP Morgan Chse Lease...rent 208 N. Laurel Lease Feb 2015 1130 · First F...374.13 1,496.52
Check 03/04/20155962JP Morgan Chse Lease...rent 208 N. Laurel Lease March/April 2015 1130 · First F...748.26 2,244.78
Check 05/01/2015 5975 JP Morgan Chse Lease...rent 208 N. Laurel Lease May 2015 1130 · First F...374.13 2,618.91
Check 06/08/20155986Port Angeles Landing296.38/ mo - June & 296.38/deposit 1130 · First F...592.76 3,211.67
Check 06/08/2015 5985 Port Angeles Landing VOID: Printed lease on Check X 1130 · First F...0.00 3,211.67
Check 07/10/20155996Port Angeles Landing296.38/ mo - July 1130 · First F...296.38 3,508.05
Check 08/02/2015 6002 Port Angeles Landing 296.38/ mo - August 1130 · First F...296.38 3,804.43
Check 08/28/20156010Port Angeles Landing296.38/ mo - September 1130 · First F...296.38 4,100.81
Check 09/30/2015 6063 Port Angeles Landing 296.38/ mo - October 1130 · First F...296.38 4,397.19
Check 10/13/20156088Port Angeles Landing296.38/ mo - October 1130 · First F...296.38 4,693.57
Check 11/09/2015 6098 Port Angeles Landing 296.38/ mo - November 1130 · First F...296.38 4,989.95
Check 12/04/20156099Port Angeles Landing296.38/ mo - December 1130 · First F...296.38 5,286.33
Total 6440 · Rent 5,286.33 5,286.33
6442 · Repairs/Maintenance Expense
Check 06/03/20155984 USDA - APHIS 2015 Bird fee 1130 · First F...900.00 900.00
Total 6442 · Repairs/Maintenance Expense 900.00 900.00
Total Expense 52,578.28 52,578.28
Net Ordinary Income 29,946.15 29,946.15
Net Income 29,946.15 29,946.15
4:59 PM PADA
01/17/16 Profit & Loss Detail
Accrual Basis January through December 2015
Page 5L - 422/02/2016
Dec 31, 15
ASSETS
Current Assets
Checking/Savings
1110 · Art on the Town 2,218.80
1115 · B&O Tax Checking 95.49
1130 · First Federal 23,058.52
1170 · Downtown Dollars Account 7,399.79
Total Checking/Savings 32,772.60
Accounts Receivable
1200 · Accounts Receivable 11,399.80
Total Accounts Receivable 11,399.80
Other Current Assets
1299 · Misc Receivable 100.00
1499 · Undeposited Funds 3,361.71
Total Other Current Assets 3,461.71
Total Current Assets 47,634.11
Other Assets
1610 · Association Equip 2,138.20
1615 · Assn Equip - Accum Depr -2,138.20
1620 · Tree Lighting 1,525.00
1625 · Lighting - Accum Depr -1,525.00
Total Other Assets 0.00
TOTAL ASSETS 47,634.11
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Other Current Liabilities
2200 · Downtown Dollars Liability
2201 · DT Dollars Purchased 89,167.29
2202 · DT Dollars Spent -81,767.50
Total 2200 · Downtown Dollars Liability 7,399.79
Total Other Current Liabilities 7,399.79
Total Current Liabilities 7,399.79
Total Liabilities 7,399.79
Equity
3000 · Opening Bal Equity 42,520.75
3900 · Retained Earnings -32,232.58
Net Income 29,946.15
Total Equity 40,234.32
TOTAL LIABILITIES & EQUITY 47,634.11
5:00 PM PADA
01/17/16 Balance Sheet
Accrual Basis As of December 31, 2015
Page 1L - 432/02/2016