HomeMy WebLinkAboutAgenda Packet 12/18/2018DECEMBER 18, 2018
City of Port Angeles Council Meeting Agenda
City Council Chambers, 321 East 5th Street
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. The Mayor will determine time of break. Hearing devices are available
for those needing assistance. The items of business for regular Council meetings may include the following:
A. Call to Order — Special Meeting at 5:00 p.m.
At 5 p.m., Council will hold a closed Executive Session, under authority RCW 42.30.110(1)(i) to discuss potential litigation with
legal counsel.
At 5:10 p.m., Council will hold a Strategic Plan Work Session. The 5:10 Work Session is open to the public.
Call to Order — Regular Meeting at 6:00 p.m.
B. Roll Call, Pledge of Allegiance
Ceremonial Matters, Proclamations & Employee Recognitions
C. Public Comment
The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an
orderly, timely manner. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public
Comment period and shall be concluded not later than 9:45 p.m. for the second Public Comment period. Individuals may speak
for three minutes or less, depending on the number ofpeople wishing to speak. If more than 20 people are signed up to speak,
each speaker may be allocated two minutes (Council Rules of Procedure Section 12).
D. Late Items
To be placed on this or future agendas, including any executive session needed during or at the end of the meeting.
E. Consent Agenda I Approve
1. City Council Minutes of November 20, 2018..................................................................................................................E-1
2. Expenditure Report: From November 24 through December 7, 2018 in the amount of $3,489,606.31 ..........................E-5
3. Approve 2nd Amendment of the Professional Services Contract for an Hearings Examiner...........................................E-32
4. Ratify a Declaration of Emergency — 1 It
/ 2nd Alley Sewer Repair / Approve and Rates Declaration of Emergency..... E-35
5. Fager Forfeiture and Criminal Case................................................................................................................................E-37
F. Public Hearings 1 6:30 p.m. or Soon Thereafter...................................................................................................None
G. Ordinances Not Requiring Council Public Hearings
1. 2018 Budget Amendment #3 /Conduct second reading /Adopt Ordinance................................................................... G-1
2. WAVE Television Cable Franchise /Conduct First Reading of Ordinance/ Continue to January 15 .......................... G-9
H. Resolutions Not Requiring Council Public Hearings
1. Resolution to Create a Multi -Unit Dwellings Tax Exemption / Approve Resolution...................................................... H-1
December 18, 2018 Port Angeles City Council Meeting Page 1
I. Other Considerations
1. Washington State Transportation Improvement Board Grant Acceptance: Lauridsen Boulevard Overlay (TR0515).... I-1
2. Association of Washington Cities - City Action Days Conference / Discussion............................................................ I 3
J. Contracts & Purchasing...............................................................................................................................................None
K. Council Reports
L. Information
City Manager Reports:
1. Code Enforcement Revenue Resources / Verbal Update
2. December 2018 Construction Report ..............................................................................................................................L-1
3. Public Works Grants and Loans Status Report ................................................................................................................L-2
M. Second Public Comment
The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an
orderly, timely manner. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public
Comment period and shall be concluded not later than 9:45 p. m. for the second Public Comment period. Individuals may speak
for three minutes or less, depending on the number ofpeople wishing to speak. If more than 20 people are signed up to speak,
each speaker may be allocated two minutes (Council Rules of Procedure Section 12).
Adjournment
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to
receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may
choose to seek public opinion through the public hearing process.
December 18, 2018 Port Angeles City Council Meeting Page 2
City Council Meeting
Page 1
...... . . . . . . . . .
f
pr,
-In -
mgm,
or No
/9
or No
t\ A
(Yesor No
or No
Yes or/ No,
Yes or No
.....Yes
or No
or No
r
9-1.00A
es or No
Page 1
City Council Meeting
December 18, 2018
PUBLIC COMMENT SIGN-UP SHEET
Page
City Council Meeting
December 18, 2018
PUBLIC COMMENT SIGN-UP SHEET
Page 1
We, tile undersigned, petition the Port Angeles City Council and Parks Department to consider alternatives to cutting
down tho SequoW*ees" Park.• deserves ptoteiction.
♦ • r a i ae i # + ►
Contact Me box if you wish to stay nfor t the Tree. otherwise, we won't contact
We. the undersigned, petition the Port Angeles City Council and Parks Department to consider alternatives to cutting
down the Sequoia *�Oe in Lions Park. This Tree is a coinutuxiV asset ftst dase-ves orotodlzv-
4*6
Please check Contact Me box if you wish to stay informed about the Tree. Otherwise, we won't contact you.
Please check Contact Me box if you wish to stay informed about the Tree. Otherwise, we won't contact you.
this planet? The highlighted, in RED, Tax Map showing two lots are not part of the
surrounding parcel, yet do not have any separate parcel numbers assigned? What about
the trailer that has new front structural changes and new Replacement Windows (Not
typical of Mobile Homes)? Any Permit? Any Taxes being collected, or even Assessed??
Don't forget police who fail to respond when I call to report a burglary in progress? I
reported the crime in progress, then mentioned the name "Don Schroeder". The dispatch
Operator said: "Well, don't you think he is just trying to clean the place out?" My thought, at
the time: ABSOLUTELY CORRECT! YES, that is precisely what he is trying to do! I stated:
"But he may not remove personal property and hustle it over to his own trailer (witnessed
by my wife). He may not remove personal property, load it into a waiting car, then wave as
the vehicle rushes out of the park ... to where? When the property owner returned the next
morning to retrieve the rest of his belongings, they were gone and the trailer was a holy
mess. Are, or have, Tenant Deposit Dollars, been deposited in any sort of escrow account?
By my count, 75 occupied trailers, campers, and mobile homes. My experience with Bad
Landlords tells me, not likely!
Note: my current lease reads as follows: Re. Deposit sums ... "The sum of $100.00 (one
hundred dollars) is to be retained by the Landlord as a non-refundable fee for processing
fee and is in addition to the damage deposit but not part thereof " The Gray Matter
which is My Mind Is Still Spinning!
What about the trailer where a tenant died; then PAPD wrapped with yellow ribbon?
Ostensibly, to protect personal property while loved ones are contacted or an autopsy
performed. Don Schroeder and Company were witnessed entering that trailer, under the
cover of darkness, and "cherry picking" property which was part of the deceased tenants
estate. Meanwhile, family members are left with NO REMEMBRANCES of their departed
"Drug Addict, Low -Life" loved one.
The nightmare continues unabated. MEANwhile; the GOOD? people and law enforcement
of Port Angeles officially protect the most valuable asset of our Drug Enforcement Task
Force (also a Heroin, that is THE BROWN, User), and continue to ignore pleas for help
from the "Drug Addicts and Low -Life" who languish at Welcome? Inn. (isolation Center and
Death Camp).
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Irnple►nentation of Section 62'1(a)(1) of the Cable MB Docket No. 05-311
Communications Policy Act of 1984 as Amended
by the Cable Television Consumer Protection and
Competition Act of 1992
COMMENTS OF THE NATIONAL ASSOCIATION OF TELECOMMUNICATIONS
OFFICERS AND ADVISORS, THE UNITED STATES CONFERENCE OF MAYORS,
THE NATIONAL ASSOCIATION OF COUNTIES, THE NATIONAL LEAGUE OF
CITIES, THE NATIONAL ASSOCIATION OF REGIONAL COUNCILS AND THE
NATIONAL ASSOCIATION OF TOWNS AND TOWNSHIPS
I. INTRODUCTION
The National Association of elecommunications Officers and Advisors ("NATOA-),1 the
United States Conference of Mayors (,,USCM,,), 2 the National Association of Counties
("NACo"),' the National League of Cities ("NLC"), 4 the National Association of Regional
1 NATOA's membership includes local government officials and staff members from across the
nation whose responsibility is to develop and administer communications policy and the
provision of such services for the nation's local governments.
' USCM is the official nonpartisan organization of cities with populations of 30,000 or more.
There are more than 1,400 such cities in the country today. Each city is represented in the
Conference by its chief elected official, the mayor.
3 NACo represents county governments, and provides essential services to the nation's 3,069
counties.
' NLC is the oldest and largest organization representing cities and towns across America. NLC
represents 19,000 cities and towns of all sizes across the country.
TABLE OF CONTENTS
SUMMARYOF COMMENTS ....................................................................................................... I
1. INTRODUCTION ................................................................................................................... I
11. CABLE FRANCHISE REQUIREMENTS ARE NOT FRANCHISE FEES ......................... 3
A. The Proposed Rules are Contrary to Unambiguous Language of'Federal Law ............. 3
B. The Proposed Rules Will Have Significant, Negative Impacts on Local Governments
and Provide a Windfall to Cable Operators ............................................................................... 9
111. THE MIXED-USE RULE IS NOT AUTHORIZED BY THE CABLE ACT AND
CREATES AN UNBALANCED REGULATORY ENVIRONMENT ....................................... 13
A. The Proposed Rule Is Ambiguous .................................................................................. 13
B. The Proposed Rules are Contrary to Unambiguous Language oj'Federal Law and
LegislativeHistory .................................................................................................................... 16
IV. CONCLUSION .................................................................................................................. 24
Tuesday, December 18
Port Angeles City Council Meeting
Public Commentary by: James Colter, Registered Voter
Bring 8 Copies of my Data (7 for Council Members, 1 for Clerk).
Prepare 3 -minute presentation.
Ladies and Gentlemen:
Let me preface my statement by giving a little background information about me. I have a
lifetime of experience in and around construction. Both residential and Commercial. As a
Real Estate professional, I have long experience with Real Estate Appraisal and rental
property management, again residential and Commercial. I have built many homes, owned
and operated a Chimney Sweep Company, Historic Restoration Contracting, and my final
business, before retiring to Washington State, as a Home Inspector (House Whisperer).
At Welcome Inn Trailer and RV Park, management routinely ignores the Landlord Tenant
Act and the Fair Housing Act. Raising Rent AND DEPOSIT? Trying to sell me furnace filters
(a few months after we moved in) when she owns both the trailer and the lot . Recently, our
"annual property inspection" (first of its kind since we moved in two years ago in May), was
completed "by a "trainee". I get looking under the kitchen sink for water leaks, even under
the refrigerator; but, for a fraction of a second and without the aid of illumination.
I am being attacked for allowing a 9 -month pregnant homeless woman and the babies
Father, because emergency housing could not "kick in" until the child was born, might enjoy
a safe and warm place to stay. What? Are housing officials concerned the child might be
born dead, and they would be saddled with the task of evicting the bereaved parents?
Perhaps, now that the child has been birthed by Emergency C-section, the child will perish,
along with the parents, due to exposure to freezing temperatures while housing authorities
have a working lunch meeting at a local bistro? And discuss the appropriate Welcome Inn
hovel should be the child's first subsidized home? Meanwhile, a couple of doors away, a
purported drug overdose, was rescued by local first responders. All the while, two young
girls go door-to-door asking for food.
I recently assisted a neighbor by sending a letter, downloaded from the Tenants Union
website (Invasion of Privacy), to UN CHIN INC d.b.a. Welcome Inn Trailer and RV Park.
The letter reminds landlords of their duty to notify, in writing, giving 24 or 48 hours notice to
the tenant before coming to the residence. Debra Almanza had complained to me (and I
have witnessed similar behavior by UN CHIN LeRoy, alias Gina LeRoy). I posted 9 letters
(3 to myself, 3 to Debra, and 3 to UN CHIN INC); 1 each to the three different
addresses listed on UN CHIN INC Annual Report to WA Dept. of Licensing, Corporations. I
have, to date, received 6 letters (all 3 of mine and Debra's) unopened and undelivered (at
least to Debra). To date, I received ONE USPS 2nd chance delivery ticket, two Return
Receipts are MIA (the third, a copy, I received from USPS workers at PA Post Office).
USPS Investigation Center in Washington D.C. has been made aware of this situation.
When I inquired of the Port Angeles Postmaster, she said "We are not going to be
delivering mail to any trailers at Welcome Inn because they are a one-stop delivery point."
Masterful SEG -WAY! Change of subject, for those not familiar with video production
vernacular.
I began researching for a Small Claims Court lawsuit claiming UN CHIN INC is in violation
of the Warranty of Habitability, and that our lease is invalid as we were told: "You can sign
the lease, or leave." It was October 2018 ... we had an annual lease in force since May
(our tenancy anniversary date); plus, LIN CHIN refused to sign her own new lease ("I don't
have to sign anything") and she refused to give us a copy of the Park Rules, because,
"YOU PEOPLE lose them then come back demanding another copy." Which PEOPLE,
precisely, are you referencing UN CHIN?
Three Fire Department locations (one inside PA City limits) claimed "they do not service
Welcome Inn" as we are either not inside city limits; or, Welcome Inn is not in the county!
You tell me; where the hell ARE we located? Fire Department official, Danial Montana, told
me, if I called to request a "Courtesy" Inspection of my rented residence that he would
come out, perform an inspection, then turn the report over to the Building Department, who
would take it from there. Days passed, I called Danial and requested the Courtesy
Inspection. After several days of "checking with superiors" and not returning my call with
said information, I called him again. He was coming over in a couple days at 1:00 PM for
the inspection. I had asked that he come to my hovel first so that I might accompany him.
When Danial arrived, "I have made the rounds of the park. Unfortunately, there is nothing
more I can do for you, as we have no jurisdiction beyond the ground and common areas.
We have no jurisdiction in or on the trailer itself." A truly ponderous Jurisdictional non -denial
denial! Incredulous, at best!
Assessor records show only one permanent structure inside Welcome Inn, proper. What
about the other two Permanent Structures? Both the now -defunct Laundry building and the
former Community Center/Tool-Material storage building have water and/or Electric
Service. What about the rumored 1 -year past a court-ordered deadline to repair Water
and Sewer Infrastructure? What about the Building Department: Re. my
nuisance complaint? No visible Permits on a trailer under construction. UN CHIN is,
reportedly, not supposed to enter without a licensed electrical contractor? The Assessor
Office told me there was no trailer on that site; and yet, the job shut down when the work
was discovered. Reportedly, when the inspector from L&I arrived, he was greeted by Don
Schroeder (and others) like a friendly face ... they know one another well. The inspector
said: he was told: "We are going to use the trailer for storage". WHO RE-ESTABLISHED
ELECTRIC SERVICE?
Is there no citation for an owner who ignores the rule of law? Only one permit pulled by UN
CHIN INC since 2008 when she purchased the property. And, what about the two lots,
inside the Welcome Inn Trailer and RV Park which are "whited out" (the rest of the plat is
highlighted) as if they are NOT part of the property?" Are they somehow Privately Owned
and not part of UN CHIN INC's property? Are they the two smallest sub -sub -divided lots on
&
"Ari ele's
C I alnejoifl 'U's
'I- CIN, Decevtber,20, 2018
littrsd-
5--30 8:00j)XI-
217N, 11,11,11'el" St.
'),Ve�ry hostitig a
Jfo'lida-y 0j,.ienJ1()'U'St!
atult,
c"hanifie'r e r 91o''I'l, rls!!
13'ecun.s' & "b(oot I
6c
&
Ou,r 7hank I
,&AWqrtfir all these -ygqr
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
finplernentation of Section 62 1 (a)(] ) of the Cable MB Docket No. 05-311
Communications Policy Act of 1984 as Amended
by the Cable Television Consumer Protection and
Competition Act of 1992
COMMENTS OF THE NATIONAL ASSOCIATION OF TELECOMMUNICATIONS
OFFICERS AND ADVISORS, T[IE UNITED STATES CONFERENCE OF MAYORS,
THE NATIONAL ASSOCIATION OF COUNTIES, THE NATIONAL LEAGUE OF
CITIES, THE NATIONAL ASSOCIATION OF REGIONAL COUNCILS AND THE
NATIONAL ASSOCIATION OF TOWNS AND TOWNSHIPS
The National Association of Telecommunications Officers and Advisors (-NA'I"0A"),' the
United States Conference of Mayors ("USCM"), ' the National Association of Counties
("NACo' ), 3 the National League of Cities ("NLC"),' the National Association of Regional
' NATOA's membership includes local government officials and staff members from across the
nation whose responsibility is to develop and administer communications policy and the
provision of such services for the nation's local governments.
' USCM is the official nonpartisan organization of cities With Populations of 30,000 or more.
There are more than 1,400 such cities in the country today. Each city is represented in the
Conference by its chief elected official, the mayor.
3 NACo represents county governments, and provides essential services to the nation's 3,069
counties.
' NLC is the oldest and largest organization representing cities and towns across America. NLC
represents 19,000 cities and towns of all sizes across the country.
SUMMARY ()F COMMENTS ..—~—^^--^—'^^^'--'^-----^^^--^^''^---^—'--'`i
l. INTRODUCTION ...................................... ..................... ..................................................... I
U� CAB LEFRANC\I}SE, l{E()[Ill5M}�NTSARI NOT f� 0ANCHI SE FEES ................ ......... J
'4, The Proposed Rules are /oUnambiguous Law ............. 3
B. The Proposed Rules Will6av on Local Governments
and Provide Windfall to Cable Operators —._..—_..~.......................................................
T[[ THE MIXED-USE RULE IS NOTAUTHORIZED BY THE CABLE ACT AND
CREATES AN [NB}\LAN(`G[) RE(}{JI./\I()F<\, ENVIRONMENT ....................................... 13
A The ProposedRu/c /vAmbiguous . .................. ... .................................. ....................... 13
B. The Proposed Rules are /oUnambiguous Language of Federal Law and
Legislative
l�
--._..--....,—_...—_..--_.---._._..—_..—._..--._—,^_
Tuesday, December 18
Port Angeles City Council Meeting
Public Commentary by: James Colter, Registered Voter
Bring 8 Copies of my Data (7 for Council Members, 1 for Clerk).
Prepare 3 -minute presentation.
Ladies and Gentlemen:
Let me preface my statement by giving a little background information about me. I have a
lifetime of experience in and around construction. Both residential and Commercial. As a
Real Estate professional, I have long experience with Real Estate Appraisal and rental
property management, again residential and Commercial. I have built many homes, owned
and operated a Chimney Sweep Company, Historic Restoration Contracting, and my final
business, before retiring to Washington State, as a Home Inspector (House Whisperer).
At Welcome Inn Trailer and RV Park, management routinely ignores the Landlord Tenant
Act and the Fair Housing Act. Raising Rent AND DEPOSIT? Trying to sell me furnace filters
(a few months after we moved in) when she owns both the trailer and the lot . Recently, our
"annual property inspection" (first of its kind since we moved in two years ago in May), was
completed "by a "trainee". I get looking under the kitchen sink for water leaks, even under
the refrigerator; but, for a fraction of a second and without the aid of illumination.
I am being attacked for allowing a 9 -month pregnant homeless woman and the babies
Father, because emergency housing could not "kick in" until the child was born, might enjoy
a safe and warm place to stay. What? Are housing officials concerned the child might be
born dead, and they would be saddled with the task of evicting the bereaved parents?
Perhaps, now that the child has been birthed by Emergency C-section, the child will perish,
along with the parents, due to exposure to freezing temperatures while housing authorities
have a working lunch meeting at a local bistro? And discuss the appropriate Welcome Inn
hovel should be the child's first subsidized home? Meanwhile, a couple of doors away, a
purported drug overdose, was rescued by local first responders. All the while, two young
girls go door-to-door asking for food.
I recently assisted a neighbor by sending a letter, downloaded from the Tenants Union
website (invasion of Privacy), to UN CHIN INC d.b.a. Welcome Inn Trailer and RV Park.
The letter reminds landlords of their duty to notify, in writing, giving 24 or 48 hours notice to
the tenant before coming to the residence. Debra Almanza had complained to me (and I
have witnessed similar behavior by UN CHIN LeRoy, alias Gina LeRoy). I posted 9 letters
(3 to myself, 3 to Debra, and 3 to UN CHIN INC); 1 each to the three different
addresses listed on LIN CHIN INC Annual Report to WA Dept. of Licensing, Corporations. I
have, to date, received 6 letters (all 3 of mine and Debra's) unopened and undelivered (at
least to Debra). To date, I received ONE USPS 2nd chance delivery ticket, two Return
Receipts are MIA (the third, a copy, I received from USPS workers at PA Post Office).
USPS Investigation Center in Washington D.C. has been made aware of this situation.
When I inquired of the Port Angeles Postmaster, she said "We are not going to be
delivering mail to any trailers at Welcome Inn because they are a one-stop delivery point."
Masterful SEG -WAY! Change of subject, for those not familiar with video production
vernacular.
I began researching for a Small Claims Court lawsuit claiming UN CHIN INC is in violation
of the Warranty of Habitability, and that our lease is invalid as we were told: "You can sign
the lease, or leave." It was October 2018 ... we had an annual lease in force since May
(our tenancy anniversary date); plus, UN CHIN refused to sign her own new lease ("I don't
have to sign anything") and she refused to give us a copy of the Park Rules, because,
"YOU PEOPLE lose them then come back demanding another copy." Which PEOPLE,
precisely, are you referencing UN CHIN?
Three Fire Department locations (one inside PA City limits) claimed "they do not service
Welcome Inn" as we are either not inside city limits, or, Welcome Inn is not in the county!
You tell me; where the hell ARE we located? Fire Department official, Danial Montana, told
me, if I called to request a "Courtesy" Inspection of my rented residence that he would
come out, perform an inspection, then turn the report over to the Building Department, who
would take it from there. Days passed, I called Danial and requested the Courtesy
Inspection. After several days of "checking with superiors" and not returning my call with
said information, I called him again. He was coming over in a couple days at 1:00 PM for
the inspection. I had asked that he come to my hovel first so that I might accompany him.
When Danial arrived, "I have made the rounds of the park. Unfortunately, there is nothing
more I can do for you, as we have no jurisdiction beyond the ground and common areas.
We have no jurisdiction in or on the trailer itself." A truly ponderous Jurisdictional non -denial
denial! Incredulous, at best!
Assessor records show only one permanent structure inside Welcome Inn, proper. What
about the other two Permanent Structures? Both the now -defunct Laundry building and the
former Community Center/Tool-Material storage building have water and/or Electric
Service. What about the rumored 1 -year past a court-ordered deadline to repair Water
and Sewer Infrastructure? What about the Building Department: Re. my
nuisance complaint? No visible Permits on a trailer under construction. LIN CHIN is,
reportedly, not supposed to enter without a licensed electrical contractor? The Assessor
Office told me there was no trailer on that site; and yet, the job shut down when the work
was discovered. Reportedly, when the inspector from L&I arrived, he was greeted by Don
Schroeder (and others) like a friendly face ... they know one another well. The inspector
said: he was told: "We are going to use the trailer for storage". WHO RE-ESTABLISHED
ELECTRIC SERVICE?
Is there no citation for an owner who ignores the rule of law? Only one permit pulled by UN
CHIN INC since 2008 when she purchased the property. And, what about the two lots,
inside the Welcome Inn Trailer and RV Park which are "whited out" (the rest of the plat is
highlighted) as if they are NOT part of the property?" Are they somehow Privately Owned
and not part of UN CHIN INC's property? Are they the two smallest sub -sub -divided lots on
this planet? The highlighted, in RED, Tax Map showing two lots are not part of the
surrounding parcel, yet do not have any separate parcel numbers assigned? What about
the trailer that has new front structural changes and new Replacement Windows (Not
typical of Mobile Homes)? Any Permit? Any Taxes being collected, or even Assessed??
Don't forget police who fail to respond when I call to report a burglary in progress? I
reported the crime in progress, then mentioned the name "Don Schroeder". The dispatch
Operator said: "Well, don't you think he is just trying to clean the place out?" My thought, at
the time: ABSOLUTELY CORRECT! YES, that is precisely what he is trying to do! I stated:
"But he may not remove personal property and hustle it over to his own trailer (witnessed
by my wife). He may not remove personal property, load it into a waiting car, then wave as
the vehicle rushes out of the park ... to where? When the property owner returned the next
morning to retrieve the rest of his belongings, they were gone and the trailer was a holy
mess. Are, or have, Tenant Deposit Dollars, been deposited in any sort of escrow account?
By my count, 75 occupied trailers, campers, and mobile homes. My experience with Bad
Landlords tells me, not likely!
Note: my current lease reads as follows: Re. Deposit sums ... "The sum of $100.00 Lone
hundred dollars) is to be retained by the Landlord as a non-refundable fee for processing
fee and is in addition to the damage deposit but, not part thereof " The Gray Matter
which is My Mind Is Still Spinning!
What about the trailer where a tenant died; then PAPD wrapped with yellow ribbon?
Ostensibly, to protect personal property while loved ones are contacted or an autopsy
performed. Don Schroeder and Company were witnessed entering that trailer, under the
cover of darkness, and "cherry picking" property which was part of the deceased tenants
estate. Meanwhile, family members are left with NO REMEMBRANCES of their departed
"Drug Addict, Low -Life" loved one.
The nightmare continues unabated. MEANwhile; the GOOD? people and law enforcement
of Port Angeles officially protect the most valuable asset of our Drug Enforcement Task
Force (also a Heroin, that is THE BROWN, User), and continue to ignore pleas for help
from the "Drug Addicts and Low -Life" who languish at Welcome? Inn. (Isolation Center and
Death Camp).
CITY COUNCIL MEETING
Port Angeles, Washington
November 20, 2018
CALL TO ORDER SPECIAL MEETING
Mayor Bruch called the special meeting of the Port Angeles City Council to order at 5:00 p.m.
ROLL CALL
Members Present: Mayor Bruch, Deputy Mayor Dexter, Councilmembers French, Kidd, Merideth, and Moran.
Members Absent: Councilmember Schromen-Wawrin.
Staff Present: City Manager West, Attorney Bloor, Clerk Martinez -Bailey, C. Delikat, K. Dubuc, J. Burke, B. Smith,
A. Brekke, and S. Carrizosa.
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Mayor Bruch announced the need for an Executive Session, under the authority
of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, for approximately 45
minutes. The Executive Session convened at 5:05 p.m.
RETURN TO OPEN SESSION
The Executive Session concluded at 5:50 p.m. No action was taken.
ADJOURNMENT
Mayor Bruch adjourned the Special Meeting at 5:50 p.m.
CALL TO ORDER -REGULAR MEETING
Mayor Bruch called the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL
Members Present: Mayor Bruch, Deputy Mayor Dexter, Councilmembers French, Kidd, Merideth, and Moran.
Members Absent: Councilmember Schromen-Wawrin.
Staff Present: City Manager West, Attorney Bloor, Clerk Martinez -Bailey, C. Delikat, K. Dubuc, J. Burke, B. Smith,
A. Brekke, and S. Carrizosa.
It was moved by French and seconded by Dexter to:
Excuse Councilmember Schromen-Wawrin from the meeting.
Motion carried 6-0.
PLEDGE OF ALLEGIANCE
Mayor Bruch led the Pledge of Allegiance to the Flag.
PUBLIC COMMENT
Devon Greywolf, spoke on behalf of the Tree Advisory Committee, saying the committee chose to dedicate the sequoia
tree in Lion's park to the memory of President Abraham Lincoln and provided signed petitions to Council.
Lydia Corez, city resident, spoke in favor of the sequoia tree in Lion's Park.
Jasmine Hunt, city resident, spoke in favor of the sequoia tree in Lion's Park.
Susan Hillgren, not a city resident, spoke about the need for trash cans, needle boxes and portapotties downtown.
December 18, 2018 E - 1
PORT ANGELES CITY COUNCIL MEETING — November 20, 2018
Steve Hopkins, city resident, Clallam Transit Planning Manager, reported ridership on the public transit system has
increased and spoke about a program at the middle school that encourages transit use.
Margie Normandin, not a city resident, thanked Council and staff, and spoke about the damage that has been done to
her driveway from the roots of the sequoia tree in Lion's Park.
Jeffrey Bele, city resident, said as a veteran, it concerns him to see and hear of the issues that are happening at
Veteran's Park.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager
or Councilmember
City Manager Nathan West added Ratification of a Light Operations Settlement Agreement to the agenda as Item I-5
Mayor Bruch added a Letter of support of Peninsula College to the agenda as Item I-6
CONSENT AGENDA
It was moved by French and seconded by Dexter to approve the Consent Agenda to include:
1. City Council Minutes of September 4, October 2, and October 16, 2018
2. Expenditure Report: From October 27, 2018 and November 9, 2018 in the amount of $3,502,486.08
3. Peabody Reservoir Overflow Building Project CON -2018-38 - Award Contract
4. End of Stage II Water Declaration
5. PA Harbor: Reimbursement from City to Insurance Companies
Motion carried 6-0.
OTHER CONSIDERATIONS
1. Bonneville Power TC -20 Settlement
Director of Public Works and Utilities James Burke introduced the agenda item and invited Power Resource Manager
Gregg King to present a PowerPoint presentation. Manager King provided background on the two contracts with
Bonneville Power Administration (BPA). He spoke about the settlement agreement and provided information on the
different ways BPA establishes power and transmission rates. Council discussion followed. Deputy Director of Power
Systems Shailesh Shere provided clarification on transmission rates and the rate making process.
It was moved by Dexter and seconded by Merideth to:
Approve and authorize the City Manager to sign the BPA transmission settlement and to make minor modifications
as needed.
Motion carried 6-0.
PUBLIC HEARINGS
1. Property Tax Levy for 2018
Manager West spoke about the 1% Property Tax Levy proposal and offered staff s favorable recommendation.
At 6:44 p.m. the Mayor continued the public hearing. Seeing no public comment, the Mayor closed the public hearing.
Mayor Bruch conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3613
AN ORDINANCE of the City of Port Angeles, Washington, levying regular ad valorem property taxes for
collection in the fiscal year 2019, and directing the City Clerk to certify said amount to the Board of
Clallam County Commissioners.
It was moved by French and seconded by Dexter to:
Adopt ordinance as read.
Motion carried 6-0.
Page 2 of 4
December 18, 2018 E - 2
PORT ANGELES CITY COUNCIL MEETING — November 20, 2018
2. 2019 Budget
Manager West said he was happy to present a balanced budget and highlighted goals of the process. He added that
staff were able to balance the budget without eliminating any core services. Manager West said staff took a
conservative approach to the process and thanked the Finance department for their work. Acting Finance Director
Sarina Carrizosa used a PowerPoint presentation to outline the 2019 budget development process. She discussed
highlights and changes from the preliminary budget document presented on October 12.
At 6:58 p.m., the Mayor opened the public hearing.
Tony DiPengrazio, city resident, asked Council if the 2019 Budget includes code enforcement.
Mike Doherty, city resident, spoke about the need for the City to develop a Climate Action Plan.
Mayor Bruch conducted a first reading of the ordinance by title, entitled,
ORDINANCE NO. 3614
AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2019 budget for the fiscal year ending
December 31, 2019.
Mayor Bruch continued the public hearing to December 4.
OTHER CONSIDERATIONS CONTINUED
2. Meetings on Election Nights
Manager West provided background on the discussion. Council discussion followed.
Council decided by consensus to direct staff to draft an ordinance reflecting changes to the November regularly
scheduled City Council meeting schedule to eliminate any conflicts with future election nights.
3. Council Office Space
Manager West provided background on the discussion. Council discussion followed.
4. Think Tank Discussion
Mayor Bruch opened the discussion by saying the think tank meetings were intended to offer Council the opportunity
to brainstorm.
• Councilmember French discussed a multifamily tax exemption ordinance and a vacant property registration
ordinance. As to the tax exemption, Manager West said the Legal Department is drafting an ordinance and
resolution to create a multi -family housing tax credit. He added that this work was already underway, due to
previous discussions by Council regarding the topic, adding that staff will forward information to Council
for their consideration. Council discussion followed.
• Councilmember Kidd asked Council for approval to begin researching alternatives to fencing heights on
bridges, adding she will bring back information to Council. Council agreed by consensus.
5. Ratification of Light Operations Settlement Agreement
Manager West provided background on the late item and reminded Council there would be no impact to rate payers.
He added that the City recommendation that Council ratify the settlement agreement.
It was moved by French and seconded by Moran to:
Approve, adopt, and ratify the settlement reached on November 15, 2018, in the amount of $250,000, of in which the
City contributes $50,000, of the claims made and causes of action alleged by an employee of the City's electric division
against the City.
Motion carried 6-0.
6. Letter of support of Peninsula College Project
Mayor Bruch discussed the late item, saying the letter to Governor Inslee is in support of funding request for a $2.1
million project at Peninsula College for the Advanced Technology Center.
Page 3 of 4
December 18, 2018 E - 3
PORT ANGELES CITY COUNCIL MEETING — November 20, 2018
Council decided by consensus to have the Mayor sign the letter of support.
CITY COUNCIL REPORTS
Council reports were given.
INFORMATION
Manager West spoke regarding the reports included in the packet. He discussed the need for the existing City Council
Ad Hoc Committee comprised of Bruch, Merideth and Schromen-Wawrin, to look at the two applications received
and make recommendations for the vacant seat on the Lodging Tax Advisory Committee.
SECOND PUBLIC COMMENT
Ingrid Carmean, city resident, provided thoughts on how to help those who are homeless.
EXECUTIVE SESSION
It was determined there was no need for an executive session.
ADJOURNMENT
Mayor Bruch adjourned the meeting at 8:28 p.m.
Sissi Bruch, Mayor
Page 4 of 4
Kari Martinez -Bailey, City Clerk
December 18, 2018 E - 4
Finance
Department
Sarina Cardzosu
Acting Finance Director
Glenn Goodworth
Senior Accountant
Trina McKee
Senior Accountant
MarySue Preod`
Senior Accountant
Liuduxhn,imy
Financial Systems Analyst
Tracey Grooms
Accountant
Jane Perkins
Payroll Specialist
Julie Powell
Accounting Techician
Jason Jones
Accounting Technician
Nicole Blank
Administrative Analyst
Kathyellen Haney
Customer Services Manager
Tracy Rooks
Utility Billing Specialist
NGELES
P A
VV A S H | N G T 0 N' U. S. A.
December 18,201@
We, the undersigned CdvOffda|softhe[itvofPmrtAn8e|es do hereby
certify that the merchandise and/or services herein specified have been
received and that these claims are approved for payment inthe amount of
$],4A9,6O5.31this 1Othday ofDecember, 2018.
City Manager
o,;., City of Port Angeles
i City Council Expenditure Report
w.jff' Between Nov 24, 2018 and Dec 7, 2018
Vendor
DEPARTMENT OF REVENUE
US BANK CORPORATE PAYMENT
SYSTEM
Division Total:
Department Total:
MISC TRAVEL
OLYMPIC STATIONERS INC
PENINSULA COLLEGE
REID, JAMES F
US BANK CORPORATE PAYMENT
SYSTEM
VICTORIA REMEMBRANCE
Mayor & Council Division Total:
Legislative Department Total:
DATABAR INCORPORATED
PENINSULA AWARDS & TROPHIES
Page 1 of 27
December 18, 2018
Description
Excise Tax Returns -Oct
Excise Tax Returns -Oct
Excise Tax Returns -Oct
Rescue Pullies
Sensor test gas
Portable radio batteries
Portable radio batteries
Electronic level with cas
Smoke Machine
Uniform shirt -M Johnson
City Credit Card Pmt
Streamlight Pro/LED Light
City Credit Card Pmt
Holster -L Brown
Audible -charged incorrect
Shirt -M Johnson
City Credit Card Pmt
BRUCH-REMEMBRANCE DAY CER
BRUCH-MARINE RESOURCES CO
MORAN-MUNI BUDGETING/FINA
SUPPLIES
SUPPLIES
SUPPLIES
MRC Conf Reg -Bruch
Refund -MRC Conf Reg -Bruch
SUPPLIES
MISC PROFESSIONAL SERVICE
SUPPLIES
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
BADGES & OTHER ID EQUIP.
Account Number
Amount
001-0000-237.00-00
1,564.42
001-0000-237.10-00
499.83
001-0000-237.30-00
190.97
001-0000-237.00-00
(30.63)
001-0000-237.00-00
(13.06)
001-0000-237.00-00
(28.19)
001-0000-237.00-00
(28.19)
001-0000-237.00-00
(25.23)
001-0000-237.00-00
(11.31)
001-0000-237.00-00
(6.01)
001-0000-213.10-95
(16,477.36)
001-0000-237.00-00
(17.33)
001-0000-213.10-95
(15,281.06)
001-0000-237.00-00
(12.71)
001-0000-213.10-00
16.25
001-0000-237.00-00
(3.92)
001-0000-213.10-95
18,262.08
($11,401.45)
($11,401.45)
001-1160-511.43-10
37.00
001-1160-511.43-10
76.00
001-1160-511.43-10
579.56
001-1160-511.31-01
105.27
001-1160-511.43-10
70.00
001-1160-511.41-50
3,412.50
001-1160-511.43-10
165.00
001-1160-511.43-10
(165.00)
001-1160-511.31-01
80.00
$4,360.33
$4,360.33
001-1210-513.42-10
62.70
001-1210-513.42-10
954.60
001-1210-513.42-10
62.20
001-1210-513.42-10
64.35
001-1210-513.31-01
23.16
Dec
12, 2018 10:44:05 AM
E-5
City of Port Angeles
City Council Expenditure Report
,x Between Nov 24, 2018 and Dec 7, 2018
Vendor
US BANK CORPORATE PAYMENT
SYSTEM
City Manager Division Total:
US BANK CORPORATE PAYMENT
SYSTEM
Description
Items for Council Mtg
Items for Council Mtg
Items for Council Mtg-cak
Items for Council Mtg
Flowers for out -going Cit
Items for Council Mtg
Items for Council Mtg
Working lunch -D McKeen/We
Working lunch-Bruch/West
Items for Council Mtg
Binders for ordinances/re
Unlimited digital access
Supplies for Employee Lun
Supplies for Employee Lun
Customer Commitment Division Total:
US BANK CORPORATE PAYMENT WAPELRA Reg -Fountain
SYSTEM
Webinar Reg -Fountain
Working lunch -10 employee
Refresh m ents- Interviews
Bridge toll -Fountain
Job postings -5
Human Resources Division Total:
LEMAY MOBILE SHREDDING
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
OLYMPIC PARTY & CUSTODIAL
SUPPLIES
SOUND PUBLISHING INC
MANAGEMENT SERVICES
MANAGEMENT SERVICES
MANAGEMENT SERVICES
SUPPLIES
SUPPLIES
TUITION REIMBURSEMENT
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
Account Number
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1210-513.31-01
001-1211-513.41-50
001-1211-513.41-50
001-1220-516.43-10
001-1220-516.43-10
001-1220-516.43-10
001-1220-516.43-10
001-1220-516.43-10
001-1220-516.43-10
001-1230-514.41-50
001-1230-514.41-50
001-1230-514.41-50
001-1230-514.41-50
001-1230-514.41-50
001-1230-514.43-10
001-1230-514.31-80
001-1230-514.44-10
001-1230-514.44-10
001-1230-514.44-10
Amount
19.25
20.46
70.49
14.46
54.35
6.51
36.77
30.26
17.71
7.99
57.68
95.40
$1,598.34
64.37
30.59
$94.96
160.00
25.00
107.09
17.31
6.00
200.00
$515.40
0.18
6.44
35.42
6.44
35.42
1,645.01
50.56
24.66
36.44
33.28
Page 2 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 6
$w'-Iff,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
SOUND PUBLISHING INC
US BANK CORPORATE PAYMENT
SYSTEM
City Clerk Division Total:
Description
SUPPLIES
SUPPLIES
COMMUNICATIONS/MEDIA SERV
SUPPLIES
2018 Membership-Martinez-
WAPRO Reg -Martinez -Bailey
Webinar Reg -Martinez -Bail
Annual Membership -Martine
SOUND PUBLISHING INC
SUPPLIES
Records Management Division Total:
UNITED WAY OF CLALLAM COUNTY
HUMAN SERVICES
Community Service Division Total:
001-1230-514.44-10
City Manager Department Total:
US BANK CORPORATE PAYMENT
Credit -Lodging -Finance Ca
SYSTEM
Credit -Lodging -Finance Ca
47.40
Credit -Lodging -Finance Ca
Lodging Service/Cancellat
Lodging -J Beatty
001-1230-514.49-01
Lodging -K Fallstrom
Lodging -K Fallstrom/J Bea
100.00
Refund -Canceled Lodging -J
Refund -Canceled Lodging -K
Finance Administration Division Total:
DEPARTMENT OF REVENUE
OLYMPIC PRINTERS INC
US BANK CORPORATE PAYMENT
SYSTEM
Accounting Division Total:
DATABAR INCORPORATED
EQUIFAX
Page 3 of 27
December 18, 2018
Excise Tax Returns -Oct
OFFICE SUPPLIES, GENERAL
Cert of Achievement Revie
Webinar Reg -5 employees
Binding Coils-Budget/CFP
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
FINANCIAL SERVICES
Account Number
Amount
001-1230-514.44-10
21.75
001-1230-514.44-10
41.23
001-1230-514.44-10
47.40
001-1230-514.44-10
52.95
001-1230-514.49-01
100.00
001-1230-514.43-10
175.00
001-1230-514.43-10
35.00
001-1230-514.49-01
60.00
$2,407.18
001-1289-514.44-10
25.33
$25.33
001-1390-519.49-71
5,793.75
$5,793.75
$10,434.96
001-2020-514.41-50
(153.87)
001-2020-514.41-50
(153.87)
001-2020-514.41-50
(153.87)
001-2020-514.41-50
14.99
001-2020-514.41-50
227.31
001-2020-514.41-50
227.31
001-2020-514.41-50
393.02
001-2020-514.41-50
(196.51)
001-2020-514.41-50
(196.51)
$8.00
001-2023-514.44-50
(399.42)
001-2023-514.31-01
1,226.79
001-2023-514.41-50
580.00
001-2023-514.43-10
135.00
001-2023-514.31-01
27.93
$1,570.30
001-2025-514.41-50
1,849.77
001-2025-514.41-50
2,170.41
001-2025-514.41-50
2,153.54
001-2025-514.41-50
2,226.18
001-2025-514.41-50
83.22
Dec
12, 2018 10:44:05 AM
E-7
City of Port Angeles
i City Council Expenditure Report
,141,Between Nov 24, 2018 and Dec 7, 2018
Vendor
LEXISNEXIS
OLYMPIC STATIONERS INC
US BANK CORPORATE PAYMENT
SYSTEM
Customer Service Division Total:
PACIFIC OFFICE EQUIPMENT INC
Reprographics Division Total:
Finance Department Total:
LEXISNEXIS
MISC ONE-TIME VENDORS
THOMSON REUTERS -WEST
US BANK CORPORATE PAYMENT
SYSTEM
City Attorney Division Total:
City Attorney Department Total:
US BANK CORPORATE PAYMENT
SYSTEM
Building Division Total:
BECKWITH, THOMAS E JR
CLALLAM CNTY AUDITOR
MISC DEPOSIT & PERMIT REFUNDS
SOUND PUBLISHING INC
Description
FINANCIAL SERVICES
OFFICE SUPPLIES, GENERAL
Universal calculator ribb
OFFICE SUPPLIES, GENERAL
PAPER (OFFICE,PRINT SHOP)
LEXISNEXIS LEGALRESEARCH
LORMAN EDUCATION SERVICE
WASH ST. RULES
WAPRO Membership-DeFrang
WAPRO Reg-DeFrang
WSAMA Reg-Bloor
WSAMA Reg-Cowgill
Airfare-Bloor
Airfare-Cowgill
Airport parking-Bloor/Cow
Sensor -Power Systems
Office supplies
Sensor -Power Systems
ICC Membership-Lierly
Office supplies
CONSULTING SERVICES
CONSULTING SERVICES
MANAGEMENT SERVICES
REIMBURSEMENT FOR ERROR 1
COMMUNICATIONS/MEDIA SERV
COMMUNICATIONS/MEDIA SERV
COMMUNICATIONS/MEDIA SERV
COMMUNICATIONS/MEDIA SERV
Account Number
001-2025-514.41-50
001-2025-514.31-01
001-2025-514.31-01
001-2070-518.31-01
001-2070-518.31-01
001-3030-515.49-01
001-3030-515.31-01
001-3030-515.31-01
001-3030-515.49-01
001-3030-515.43-10
001-3030-515.43-10
001-3030-515.43-10
001-3030-515.43-10
001-3030-515.43-10
001-3030-515.43-10
001-4050-558.31-01
001-4050-558.31-01
001-4050-558.31-01
001-4050-558.49-01
001-4050-558.31-01
001-4060-558.41-50
001-4060-558.41-50
001-4060-558.41-50
001-4060-558.49-90
001-4060-558.41-15
001-4060-558.41-15
001-4060-558.41-15
001-4060-558.41-15
Amount
54.35
18.15
21.72
$8,577.34
3.51
57.07
$60.58
$10,216.22
375.02
325.01
186.96
25.00
175.00
270.00
345.00
137.39
137.39
12.49
$1,989.26
$1,989.26
484.88
53.92
9.60
135.00
134.94
$818.34
3,500.00
3,862.50
109.00
4,355.85
89.55
113.35
109.15
76.63
Page 4 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 8
City of Port Angeles
City Council Expenditure Report
,x Between Nov 24, 2018 and Dec 7, 2018
Vendor Description
US BANK CORPORATE PAYMENT Monthly membership-Braudr
SYSTEM
PA Heritage Tour
Lodging
APA Prof Membership-Bagwe
Airfare-Braudrick
Lodging-Braudrick
Monthly membership-Braudr
Reg istration-Braud rick
Alaska Airlines Travel Pr
PA Chamber Luncheon-Brekk
Registration -Bagwell
Monthly membership-Braudr
Planning Division Total:
JVR2 INVESTMENTS, LLC SUPPLIES
US BANK CORPORATE PAYMENT Breakfast Mtg-West
SYSTEM
Breakfast Mtg-West/Brekke
Ferry-Brekke
Economic Development Division Total:
Community Development Department Total:
QUILL CORPORATION COMPUTERS,DP & WORD PROC
US BANK CORPORATE PAYMENT Lodging Reservation -B Smi
SYSTEM
Shipping-WASPC rediscover
VERIZON WIRELESS 11-15 A/C 842160242-00001
WA ASSN OF SHERIFFS & POLICE HUMAN SERVICES
Police Administration Division Total:
US BANK CORPORATE PAYMENT
SYSTEM
VERIZON WIRELESS
Investigation Division Total:
BLUE MTN ANIMAL CLINIC
EVERGREEN TOWING
LINCOLN STREET STATION
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
SHI INTERNATIONAL CORP
Lodging-Peninger
3 digital voice recorders
11-15 A/C 842160242-00001
MISC PROFESSIONAL SERVICE
EXTERNAL LABOR SERVICES
EXTERNAL LABOR
GAS FOR VEHICLE TRANSPORT
COMPUTER ACCESSORIES&SUPP
Account Number
001-4060-558.49-01
001-4060-558.43-10
001-4060-558.43-10
001-4060-558.49-01
001-4060-558.43-10
001-4060-558.43-10
001-4060-558.49-01
001-4060-558.43-10
001-4060-558.43-10
001-4060-558.31-01
001-4060-558.43-10
001-4060-558.49-01
001-4071-558.49-91
001-4071-558.31-01
001-4071-558.31-01
001-4071-558.43-10
001-5010-521.31-01
001-5010-521.43-10
001-5010-521.49-01
001-5010-521.42-10
001-5010-521.43-10
001-5021-521.43-10
001-5021-521.31-80
001-5021-521.42-10
001-5022-521.49-80
001-5022-521.45-21
001-5022-521.42-10
001-5022-521.32-10
001-5022-521.31-60
Amount
35.00
15.90
211.45
105.00
188.39
228.78
35.00
295.00
21.00
18.00
100.00
35.00
$13,504.55
11,000.00
15.74
30.20
18.70
$11,064.64
$25,387.53
91.95
110.09
10.14
81.96
700.00
$994.14
225.80
143.43
192.38
$561.61
169.31
163.05
19.61
54.35
63.05
Page 5 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 9
o,;.,
i
w.jff,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
US BANK CORPORATE PAYMENT
Boots for L Brown
001-5022-521.31-11
391.25
SYSTEM
Boots for J Ordona
001-5022-521.31-11
201.10
Number stamp -Sergeant Off
001-5022-521.31-01
87.76
Conf Reg -K Miller
001-5022-521.49-80
300.00
Conf Reg -W Fairbanks
001-5022-521.49-80
100.00
Uniform shirt -M Johnson
001-5022-521.31-11
74.99
Vehicle license fee
001-5022-521.45-21
47.75
Vehicle license fee
001-5022-521.45-21
47.75
Vehicle license fee
001-5022-521.45-21
47.75
Holster -L Brown
001-5022-521.31-11
158.70
Shirt -M Johnson
001-5022-521.31-11
48.91
Shirts -M Johnson
001-5022-521.31-11
144.60
Airfare -Fairbanks
001-5022-521.43-10
796.40
Airfare -K Miller
001-5022-521.43-10
796.40
Service fee -Fairbanks
001-5022-521.43-10
38.00
Service fee -K Miller
001-5022-521.43-10
38.00
Service fee -K Miller/Fair
001-5022-521.43-10
12.99
Credit -cancelled lodging
001-5022-521.43-10
(1,039.68)
Lodging -K Miller/Fairbank
001-5022-521.43-10
1,039.68
2 digital voice recorders
001-5022-521.31-80
91.20
AA/AAA batteries
001-5022-521.31-01
34.79
V.I.M.0.
MISC PROFESSIONAL SERVICE
001-5022-521.41-50
7,977.78
VERIZON WIRELESS
11-15 A/C 842160242-00001
001-5022-521.42-10
755.82
Patrol Division Total:
$12,661.31
US BANK CORPORATE PAYMENT
Nameplates volunteers
001-5026-521.31-11
31.45
SYSTEM
Reserves & Volunteers Division Total:
$31.45
MISC TRAVEL
JACOB I -EMPLOYMENT LAW FOR
001-5029-521.43-10
107.60
QUILL CORPORATION
SUPPLIES
001-5029-521.31-01
164.29
US BANK CORPORATE PAYMENT
LEIRA Membership -Jacobi
001-5029-521.49-01
50.00
SYSTEM
LEIRA Training Reg -Jacobi
001-5029-521.43-10
50.00
Airfare -Jacobi
001-5029-521.43-10
375.40
Label paper for bar code
001-5029-521.31-01
75.62
Airfare -Jacobi
001-5029-521.43-10
137.40
DVDs
001-5029-521.31-01
68.97
Page 6 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E-10
o,;.,
i
w.Iff,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
US BANK CORPORATE PAYMENT
Fall Conf Reg -Jacobi
001-5029-521.43-10
175.00
SYSTEM
Credit -double payment
001-5029-521.43-10
(175.00)
Records Division Total:
$1,029.28
Police Department Total:
$15,277.79
FIRE SERVICE TESTING CO, INC
ENGINEERING SERVICES
001-6010-522.31-01
855.00
US BANK CORPORATE PAYMENT
Symonds end of probation
001-6010-522.31-01
32.27
SYSTEM
Dept head staff mtg snack
001-6010-522.31-01
24.33
Officers Mtg
001-6010-522.31-01
37.72
Rypinski end of probation
001-6010-522.31-01
22.98
Lunch Mtg-Dubuc
001-6010-522.31-01
61.20
Fire Administration Division Total:
$1,033.50
CHIEF SUPPLY INC
CLOTHING & APPAREL
001-6020-522.20-80
60.58
HEARTLINE
SALE SURPLUS/OBSOLETE
001-6020-522.31-02
91.14
MISC EMPLOYEE EXPENSE
UNIFORM ALLOWANCE - REID
001-6020-522.20-80
21.73
REIMBURSEMENT
ZIEGLER REIMBURSEMENT FOR
001-6020-522.49-90
30.63
ZIEGLER REIMBURSEMENT FOR
001-6020-522.49-90
58.90
ZIEGLER REIMBURSEMENT FOR
001-6020-522.49-90
64.40
US BANK CORPORATE PAYMENT
Sensor test gas
001-6020-522.31-01
163.14
SYSTEM
Portable radio batteries
001-6020-522.31-14
352.19
Nameplates
001-6020-522.31-01
24.73
Streamlight Pro/LED Light
001-6020-522.20-80
216.50
Batteries
001-6020-522.31-01
22.01
Fire extinguisher 2.5 gal
001-6020-522.31-02
132.06
Extrication Tomahawk
001-6020-522.20-80
158.65
Clothing allowance work s
001-6020-522.20-80
80.37
Fire Suppression Division Total:
$1,477.03
CLALLAM CNTY FIRE DISTRICT 2
SECURITY,FIRE,SAFETY SERV
001-6021-522.41-50
88.32
US BANK CORPORATE PAYMENT
Portable radio batteries
001-6021-522.31-14
352.19
SYSTEM
Fire Volunteers Division Total:
$440.51
US BANK CORPORATE PAYMENT
Rescue Pullies
001-6022-522.31-01
382.63
SYSTEM
Special Operations Division Total:
$382.63
US BANK CORPORATE PAYMENT
Fire extinguisher trainin
001-6030-522.31-01
12.46
SYSTEM
CC Fair scavanger hunt pr
001-6030-522.31-01
59.19
Page 7 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 11
r,*
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
US BANK CORPORATE PAYMENT
Pencils for CC Fair scava
001-6030-522.31-01
32.60
SYSTEM
Fire Investigation/Preven
001-6030-522.31-01
123.92
Fire Investigation/Preven
001-6030-522.31-01
162.11
Station 11 Map hardware
001-6030-522.31-01
40.16
2018 Fire code
001-6030-522.31-01
180.39
Charging cables/plug
001-6030-522.31-01
31.49
Fire prevention office su
001-6030-522.31-01
39.03
Fire Prevention Division Total:
$681.35
US BANK CORPORATE PAYMENT
CC Fair first aid supplie
001-6045-522.31-01
45.12
SYSTEM
CC Fairb bee sting relief
001-6045-522.31-01
23.89
Binders/dividers
001-6045-522.31-01
121.34
1410 Standard Manual
001-6045-522.31-01
49.00
WA STATE DOT -STATE FERRIES
HUMAN SERVICES
001-6045-522.43-10
27.40
Fire Training Division Total:
$266.75
MISC EMPLOYEE EXPENSE
MASON REIMBURSEMENT FOR S
001-6050-522.31-20
43.50
REIMBURSEMENT
OLYMPIC PARTY & CUSTODIAL
JANITORIAL SUPPLIES
001-6050-522.31-01
337.34
SUPPLIES
PORT ANGELES POWER
CLOTHING & APPAREL
001-6050-522.31-20
30.37
EQUIPMENT
US BANK CORPORATE PAYMENT
Smoke Machine
001-6050-522.31-01
141.30
SYSTEM
Restroom paper towel keys
001-6050-522.31-01
18.75
Facilities Maintenance Division Total:
$571.26
US BANK CORPORATE PAYMENT
Family service radios
001-6060-525.31-01
186.96
SYSTEM
Moulage Supplies for Cert
001-6060-525.43-10
7.89
Moulage Supplies for Cert
001-6060-525.43-10
11.95
Moulage Supplies for Cert
001-6060-525.43-10
50.95
Moulage Supplies for Cert
001-6060-525.43-10
89.37
Emergency Management Division Total:
$347.12
Fire Department Total:
$5,200.15
FEDERAL EXPRESS CORP
Shipping Chgs
001-7010-532.42-10
13.02
OFFICE DEPOT
SUPPLIES
001-7010-532.31-01
78.56
OLYMPIC STATIONERS INC
SUPPLIES
001-7010-532.31-01
13.53
SOUND PUBLISHING INC
PD -0000574973
001-7010-532.31-01
135.20
US BANK CORPORATE PAYMENT
Electronic level with cas
001-7010-532.35-01
315.22
SYSTEM
Furniture rental for Inte
001-7010-532.41-50
402.14
Page 8 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 12
r,*
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
US BANK CORPORATE PAYMENT
Engraved name plate -Brad)
001-7010-532.31-01
23.35
SYSTEM
Ferry-Bodart
001-7010-532.43-10
37.40
Furniture rental for Inte
001-7010-532.41-50
402.14
Reg istration-Reed-Jenning
001-7010-532.31-01
525.00
Cups-PWKS Admin/UAC Mtgs
001-7010-532.31-01
12.61
Public Works Admin. Division Total:
$1,958.17
PENINSULA AREA PUBLIC ACCESS
PEG FUNDS -3RD QUARTER
001-7032-532.41-50
491.45
Telecommunications Division Total:
$491.45
Public Works & Utilities Department
Total:
$2,449.62
OLYMPIC STATIONERS INC
SUPPLIES
001-8010-574.31-01
71.76
PACIFIC OFFICE EQUIPMENT INC
SUPPLIES
001-8010-574.31-01
317.40
SUPPLIES
001-8010-574.31-01
1,956.60
US BANK CORPORATE PAYMENT
PA Chamber Luncheon-Delik
001-8010-574.43-10
36.00
SYSTEM
Working lunch training
001-8010-574.43-10
103.82
Lanyards
001-8010-574.31-01
58.64
Parks Administration Division Total:
$2,544.22
US BANK CORPORATE PAYMENT
AWC job board posting
001-8012-555.31-01
50.00
SYSTEM
NRPA job board posting
001-8012-555.31-01
124.00
Senior Center Division Total:
$174.00
FASTENAL INDUSTRIAL
SUPPLIES
001-8080-576.31-20
74.02
SUPPLIES
001-8080-576.31-20
24.88
PACIFIC GOLF & TURF
SUPPLIES
001-8080-576.31-01
197.82
SUNSET DO -IT BEST HARDWARE
SUPPLIES
001-8080-576.45-30
22.83
Supplies
001-8080-576.31-20
(0.03)
SWAIN'S GENERAL STORE INC
SUPPLIES
001-8080-576.31-20
49.87
SUPPLIES
001-8080-576.31-20
89.56
Parks Facilities Division Total:
$458.95
Parks & Recreation Department Total:
$3,177.17
HI -TECH ELECTRONICS INC
SUPPLIES
001-8112-555.48-10
240.00
Senior Center Facilities Division Total:
$240.00
ANGELES MILLWORK & LUMBER
SUPPLIES
001-8131-518.31-20
22.77
SUPPLIES
001-8131-518.31-20
31.59
SUPPLIES
001-8131-518.31-20
13.66
HI -TECH ELECTRONICS INC
SUPPLIES
001-8131-518.48-10
76.09
SUPPLIES
001-8131-518.48-10
220.00
Page 9 of 27
Dec 12,
2018 10:44:05 AM
December 18, 2018
E - 13
$w'-Iff,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
HI -TECH ELECTRONICS INC
SUPPLIES
SUPPLIES
SUNSET DO -IT BEST HARDWARE
SUPPLIES
SWAIN'S GENERAL STORE INC
SUPPLIES
SUPPLIES
ULINE, INC SUPPLIES
US BANK CORPORATE PAYMENT Water refilling station
SYSTEM
Central Svcs Facilities Division Total:
Facilities Maintenance Department Total:
General Fund Fund Total:
PA DOWNTOWN ASSN MISCELLANEOUS SERVICES
Lodging Excise Tax Division Total:
Lodging Excise Tax Department Total:
Lodging Excise Tax Fund Total:
DEPARTMENT OF REVENUE Excise Tax Returns -Oct
Excise Tax Returns -Oct
Division Total:
Department Total:
COLUMBIA RURAL ELECTRIC
ASSN, INC
FASTENAL INDUSTRIAL
FEDERAL EXPRESS CORP
JJC RESOURCES, LLC
LAKESIDE INDUSTRIES INC
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
PUD #1 OF CLALLAM COUNTY
SHOTWELL CORP, JONATHAN
SUNSET DO -IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
Account Number
001-8131-518.48-10
001-8131-518.48-10
001-8131-518.31-20
001-8131-518.31-20
001-8131-518.31-20
001-8131-518.31-01
001-8131-518.31-20
101-1430-557.41-50
102-0000-237.00-00
102-0000-237.10-00
SECURITY,FIRE,SAFETY SERV 102-7230-542.43-10
FIRST AID & SAFETY EQUIP.
HARDWARE,AND ALLIED ITEMS
Shipping Chgs
ROAD/HWY MAT NONASPHALTIC
ROAD/HWY MATERIALS ASPHLT
ROAD/HWY MATERIALS ASPHLT
ROAD/HWY MATERIALS ASPHLT
CDL RENEWAL REIMBURSEMENT
MISC PROFESSIONAL SERVICE
BUILDING MAINT&REPAIR SER
HARDWARE,AND ALLIED ITEMS
BARRELS, DRUMS, KEGS, CTN
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
102-7230-542.31-01
102-7230-542.31-25
102-7230-542.42-10
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.49-90
102-7230-542.47-10
102-7230-542.31-20
102-7230-542.35-01
102-7230-542.35-01
102-7230-542.35-01
102-7230-542.35-01
Amount
240.00
485.00
79.92
31.39
8.20
371.90
549.32
$2,129.84
$2,369.84
$69,461.42
8,000.00
$8,000.00
$8,000.00
$8,000.00
275.79
16.57
$292.36
$292.36
239.75
343.69
21.51
25.98
1,261.23
1,546.75
482.11
383.58
102.00
18.20
20.00
27.37
58.63
28.07
31.03
Page 10 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 14
City of Port Angeles
i City Council Expenditure Report
IZ3 - Between Nov 24, 2018 and Dec 7, 2018
Vendor
SWAIN'S GENERAL STORE INC
TRAFFIC SAFETY SUPPLY CO
US BANK CORPORATE PAYMENT
SYSTEM
Description
RAGS,SHOP TOWELS,WIPING
SHOES AND BOOTS
SHOES AND BOOTS
MARKERS, PLAQUES,SIGNS
MARKERS, PLAQUES,SIGNS
Pesticide Recert-Hayduk
Pre -license Reg-Truckenmi
Mechanic's tool set -60% d
Street Division Total:
Public Works -Street Department Total:
Street Fund Total:
DEPARTMENT OF REVENUE Excise Tax Returns -Oct
US BANK CORPORATE PAYMENT Genevation key pads for t
SYSTEM
Division Total:
Department Total:
CAPTAIN T'S CLOTHING & APPAREL
CENTURYLINK
JEFFERSON COUNTY 911
MISC TRAVEL
QUILL CORPORATION
US BANK CORPORATE PAYMENT
SYSTEM
WEST SAFETY SOLUTIONS
Pencom Division Total:
Pencom Department Total:
CLOTHING & APPAREL
11-06 A/C 300539444
MISC PROFESSIONAL SERVICE
ROMBERG-STATE E911 AUTH S
BARCKLOW-EMD TRAINING
ROMBERG-STATE E911 MTGS
SUPPLIES
Genevation key pads for t
Varidesks-2/Varichair-1
Airfare -Homan
Lateral file cabinet-warr
Lodging -M Liebetrau
Supplies for PenCom Asses
Supplies for PenCom Asses
Supplies for PenCom Asses
COMPUTER HARDWARE&PERIPHE
Account Number
102-7230-542.31-01
102-7230-542.31-01
102-7230-542.31-01
102-7230-542.31-25
102-7230-542.31-25
102-7230-542.43-10
102-7230-542.43-10
102-7230-542.35-01
107-0000-237.00-00
107-0000-237.00-00
107-5160-528.20-80
107-5160-528.20-80
107-5160-528.42-11
107-5160-528.41-50
107-5160-528.43-11
107-5160-528.43-11
107-5160-528.43-11
107-5160-528.31-01
107-5160-528.31-60
107-5160-528.31-80
107-5160-528.43-10
107-5160-528.31-80
107-5160-528.43-10
107-5160-528.31-01
107-5160-528.31-01
107-5160-528.31-01
107-5160-594.65-10
Amount
20.51
173.81
173.81
528.22
1,343.10
120.00
120.00
434.79
$7,504.14
$7,504.14
$7,796.50
3.10
(3.10)
$0.00
$0.00
228.14
35.87
55.91
18,385.50
1.00
15.36
0.93
14.66
38.70
1,179.41
137.40
434.79
239.87
21.75
38.06
121.71
869.60
$21,818.66
$21,818.66
Page 11 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 15
,, r4
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
Pencom Fund Total:
$21,818.66
A/R MISCELLANEOUS REFUNDS
MENDED
165-0000-213.10-90
44.34
Division Total:
$44.34
Department Total:
$44.34
Business Improvement Area Fund Total:
$44.34
SARGENT ENGINEERING, INC
CONSULTING SERVICES
310-7930-595.65-10
799.88
GF -Street Projects Division Total:
$799.88
Capital Projects -Pub Wks Department Total:
$799.88
Capital Improvement Fund Total:
$799.88
LAKESIDE INDUSTRIES INC
CONSTRUCTION SERVICES,HEA
312-7930-595.65-10
319,206.08
NEPTUNE MARINE, LLC
PW CONSTRUCTION & RELATED
312-7930-595.65-10
162,742.99
SARGENT ENGINEERING, INC
CONSULTING SERVICES
312-7930-595.65-10
1,454.18
US BANK CORPORATE PAYMENT
Vehicle rental
312-7930-595.65-10
1,188.59
SYSTEM
WASHINGTON (DOT), STATE OF
ENGINEERING SERVICES
312-7930-595.65-10
3,867.60
GF -Street Projects Division Total:
$488,459.44
Capital Projects -Pub Wks Department Total:
$488,459.44
Transportation Benefit Fund Total:
$488,459.44
ANIXTER, INC
ELECTRICAL CABLES & WIRES
401-0000-141.41-00
189.21
CARLSON SALES METERING
ELECTRICAL EQUIP & SUPPLY
401-0000-141.41-00
3,339.26
SOLUTIONS
ELECTRICAL EQUIP & SUPPLY
401-0000-141.41-00
26,053.22
CED/CONSOLIDATED ELEC DIST
ELECTRICAL EQUIP & SUPPLY
401-0000-141.42-00
516.33
DEPARTMENT OF REVENUE
Excise Tax Returns -Oct
401-0000-237.00-00
149.36
GENERAL PACIFIC INC
ELECTRICAL CABLES & WIRES
401-0000-141.41-00
117.36
MISC UTILITY DEPOSIT REFUNDS
OVERPAYMENT -314 W 4TH ST
401-0000-122.10-99
65.58
OVERPAYMENT -838 W 9TH ST
401-0000-122.10-99
2.37
FINAL BILL REFUND
401-0000-122.10-99
7.91
FINAL BILL REFUND
401-0000-122.10-99
15.80
FINAL BILL REFUND
401-0000-122.10-99
41.82
FINAL BILL REFUND
401-0000-122.10-99
42.48
FINAL BILL REFUND
401-0000-122.10-99
70.07
FINAL BILL REFUND
401-0000-122.10-99
150.09
FINAL BILL REFUND
401-0000-122.10-99
177.65
FINAL BILL REFUND
401-0000-122.10-99
186.71
FINAL BILL REFUND
401-0000-122.10-99
191.60
Page 12 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 16
City of Port Angeles
i City Council Expenditure Report
IZ3 Between Nov 24, 2018 and Dec 7, 2018
Vendor
MISC UTILITY DEPOSIT REFUNDS
NEW PIG CORPORATION
Division Total:
Department Total:
MISC TRAVEL
Engineering -Electric Division Total:
BPA -POWER WIRES
EES CONSULTING INC
MARSH MUNDORF PRATT
SULLIVAN
US BANK CORPORATE PAYMENT
SYSTEM
Power Systems Division Total:
ASPLUNDH TREE EXPERT CO
CED/CONSOLIDATED ELEC DIST
COLUMBIA RURAL ELECTRIC
ASSN, INC
DEPARTMENT OF REVENUE
FEDERAL EXPRESS CORP
INSIGHT PUBLIC SECTOR
KENNEDY, STEPHEN H.
MATT'S TOOLS USA, LLC
MISC TRAVEL
Description
FINAL BILL REFUND
FINAL BILL REFUND
OVERPAYMENT -1135 W 16TH
OVERPAYMENT -1209 GEORGIAN
OVERPAYMENT -1225 W 17TH
OVERPAYMENT -700 BOATHAVEN
UTILITY DEPOSIT REFUND
JANITORIAL SUPPLIES
SHERE-MEDICAL EXAM/STATUS
ELECTRICAL EQUIP & SUPPLY
MISC PROFESSIONAL SERVICE
CONSULTING SERVICES
Account Number
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-237.00-00
401-7111-533.43-10
401-7120-533.33-10
401-7120-533.49-01
401-7120-533.49-01
Credit -Training Reg-Kajfa 401-7120-533.43-10
Training Reg -G King 401-7120-533.43-10
Training Reg -J Currie 401-7120-533.43-10
Training Reg-Kajfasz 401-7120-533.43-10
Lodging-Shere 401-7120-533.43-10
ROADSIDE,GRNDS,REC, PARK
FASTENERS, FASTENING DEVS
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
SECURITY,FIRE,SAFETY SERV
Excise Tax Returns -Oct
Shipping Chgs
ELECTRICAL EQUIP & SUPPLY
REAL PROPERTY, RENT/LEASE
ELECTRICAL EQUIP & SUPPLY
SHERE-PUBLIC WORKS LEADER
401-7180-533.48-10
401-7180-533.34-02
401-7180-533.35-01
401-7180-533.31-20
401-7180-533.35-01
401-7180-533.41-50
401-7180-533.44-50
401-7180-533.42-10
401-7180-533.34-02
401-7180-533.45-30
401-7180-533.35-01
401-7180-533.43-10
Amount
212.95
216.58
208.63
30.00
148.96
245.92
250.00
(16.45)
$32,613.41
$32,613.41
390.51
$390.51
1, 023, 085.00
306.91
509.51
(69.50)
1,190.00
69.50
69.50
235.21
$1,025,396.13
30,215.90
10.70
52.11
60.87
6,365.47
1,917.50
69,022.62
20.96
53.44
7,000.00
169.25
488.95
Page 13 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 17
Vendor
NESCO, LLC
City of Port Angeles
i City Council Expenditure Report
,141,Between Nov 24, 2018 and Dec 7, 2018
NEW PIG CORPORATION
OLYMPIC PARTY & CUSTODIAL
SUPPLIES
PLATT ELECTRIC SUPPLY INC
PUD #1 OF CLALLAM COUNTY
ROHLINGER ENTERPRISES INC
SOUND PUBLISHING INC
SUNSET DO -IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
TYNDALE COMPANY
ULINE, INC
US BANK CORPORATE PAYMENT
SYSTEM
Description
TESTING&CALIBRATION SERVI
FIRST AID & SAFETY EQUIP.
TESTING&CALIBRATION SERVI
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
MISC PROFESSIONAL SERVICE
TESTING&CALIBRATION SERVI
COMMUNICATIONS/MEDIA SERV
ELECTRICAL EQUIP & SUPPLY
HAND TOOLS ,POW&NON POWER
CLEANING COMPOSITION/SOLV
ELECTRICAL EQUIP & SUPPLY
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
ELECTRICAL EQUIP & SUPPLY
Airfare -B Raymond
NWPPA Reg -B Raymond
Parking -B Raymond
Shipping
Credit -Ferry no show fee
Training publications -B R
Membership renewal-Peppar
Pre -license Reg -Raymond
Pre -license Reg -Raymond
Shipping
Shipping
Service fee
Account Number
401-7180-533.48-10
401-7180-533.31-01
401-7180-533.48-10
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.34-02
401-7180-533.35-01
401-7180-533.41-50
401-7180-533.48-10
401-7180-533.42-10
401-7180-533.35-01
401-7180-533.35-01
401-7180-533.31-01
401-7180-533.35-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.43-10
401-7180-533.43-10
401-7180-533.43-10
401-7180-533.42-10
401-7180-533.43-10
401-7180-533.43-10
401-7180-533.49-01
401-7180-533.43-10
401-7180-533.43-10
401-7180-533.42-10
401-7180-533.42-10
401-7180-533.45-21
Amount
384.32
999.54
64.14
205.45
148.46
(190.02)
(63.51)
263.24
483.21
41.87
63.34
126.16
9.76
18.41
425.81
145.12
1,058.74
1,181.19
424.80
67.94
126.69
126.67
129.40
720.00
41.19
28.09
(8.00)
34.24
336.00
50.00
75.00
15.56
43.44
6.00
Page 14 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 18
o,;., City of Port Angeles
i City Council Expenditure Report
o,�,,� Between Nov 24, 2018 and Dec 7, 2018
Vendor
US BANK CORPORATE PAYMENT
SYSTEM
Description
Account Number
Vehicle license fee
401-7180-533.45-21
Lodging-Peppard
401-7180-533.43-10
Job posting -Elect Eng/Op
401-7180-533.41-10
Master Electrician Cert -O
401-7180-533.49-01
Shipping
401-7180-533.42-10
Shipping
401-7180-533.42-10
Electric Operations Division Total:
Public Works -Electric Department Total:
Electric Utility Fund Total:
CORE & MAIN LP
DEPARTMENT OF REVENUE
FERGUSON ENTERPRISES INC
GOLDAK/UDSEC
US BANK CORPORATE PAYMENT
SYSTEM
Division Total:
Department Total:
AIRPORT GARDEN CENTER
CENTURYLINK-QWEST
CLALLAM CNTY DEPT OF HEALTH
COLUMBIA RURAL ELECTRIC
ASSN, INC
CORE & MAIN LP
DEPARTMENT OF REVENUE
DRY CREEK WATER ASSN, INC
EDGE ANALYTICAL
FEDERAL EXPRESS CORP
GC SYSTEMS INC
PIPE FITTINGS
PIPE FITTINGS
PLUMBING EQUIP FIXT,SUPP
Excise Tax Returns -Oct
PIPE FITTINGS
PLUMBING EQUIP FIXT,SUPP
EQUIP MAINT & REPAIR SERV
Computer part -WA Reservoi
FEED, BEDDING,VIT-ANIMALS
11-05 A/C 3604525230978B
TESTING&CALIBRATION SERVI
SECURITY,FIRE,SAFETY SERV
PIPE FITTINGS
Excise Tax Returns -Oct
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
TESTING&CALIBRATION SERVI
TESTING&CALIBRATION SERVI
TESTING&CALIBRATION SERVI
Shipping Chgs
Shipping Chgs
PLUMBING EQUIP FIXT,SUPP
402-0000-141.40-00
402-0000-141.40-00
402-0000-141.40-00
402-0000-237.00-00
402-0000-141.40-00
402-0000-141.40-00
402-0000-237.00-00
402-0000-237.00-00
402-7380-534.31-20
402-7380-534.42-10
402-7380-534.41-50
402-7380-534.43-10
402-7380-534.31-20
402-7380-534.44-50
402-7380-534.33-10
402-7380-534.33-10
402-7380-534.41-50
402-7380-534.41-50
402-7380-534.41-50
402-7380-534.42-10
402-7380-534.42-10
402-7380-534.31-20
Amount
47.25
380.52
115.00
137.90
62.56
64.56
$123,767.81
$1,149,554.45
$1,182,167.86
330.74
530.35
1,082.20
335.16
786.27
1,156.25
(14.40)
(47.49)
$4,159.08
$4,159.08
39.02
161.77
69.00
239.75
19.46
26,152.78
539.84
2,201.00
140.00
836.00
288.00
29.56
128.34
2,644.17
Page 15 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 19
i
IZ3 -
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
GC SYSTEMS INC
PLUMBING EQUIP FIXT,SUPP
402-7380-534.31-20
2,701.11
GOLDAK/UDSEC
EQUIP MAINT & REPAIR SERV
402-7380-534.48-10
179.91
HACH COMPANY
WATER SEWAGE TREATMENT EQ
402-7380-534.48-10
1,408.47
JJC RESOURCES, LLC
ROAD/HWY MAT NONASPHALTIC
402-7380-534.31-20
126.27
ROAD/HWY MAT NONASPHALTIC
402-7380-534.31-20
810.09
MISC EMPLOYEE EXPENSE
PRESCRIPT SAFETY GLASSES
402-7380-534.31-01
200.00
REIMBURSEMENT
CDL RENEWAL REIMBURSEMENT
402-7380-534.49-90
102.00
OLYMPIC STATIONERS INC
SUPPLIES
402-7380-534.31-01
548.32
PUD #1 OF CLALLAM COUNTY
MISC PROFESSIONAL SERVICE
402-7380-534.47-10
34.58
MISC PROFESSIONAL SERVICE
402-7380-534.47-10
93.93
SPECTRA LABORATORIES-KITSAP
TESTING&CALIBRATION SERVI
402-7380-534.41-50
189.00
TESTING&CALIBRATION SERVI
402-7380-534.41-50
235.00
SUNSET DO -IT BEST HARDWARE
HARDWARE,AND ALLIED ITEMS
402-7380-534.31-20
31.43
HAND TOOLS ,POW&NON POWER
402-7380-534.35-01
40.09
PIPE AND TUBING
402-7380-534.35-01
17.39
HAND TOOLS ,POW&NON POWER
402-7380-534.31-01
94.84
WATER&SEWER TREATING CHEM
402-7380-534.31-01
54.92
WATER&SEWER TREATING CHEM
402-7380-534.31-01
103.65
SUPPLYWORKS
JANITORIAL SUPPLIES
402-7380-534.31-01
131.38
THURMAN SUPPLY
PLUMBING EQUIP FIXT,SUPP
402-7380-534.31-20
138.55
PIPE AND TUBING
402-7380-534.31-20
7.17
TMG SERVICES INC
PUMPS & ACCESSORIES
402-7380-534.31-20
1,110.51
US BANK CORPORATE PAYMENT
Computer part -WA Reservoi
402-7380-534.31-20
593.30
SYSTEM
CO275 Exam -T Wright
402-7380-534.43-10
200.00
Lodging -Wright
402-7380-534.43-10
710.40
Cert practice exam -Wright
402-7380-534.43-10
200.00
USA BLUEBOOK
CHEMICAL LAB EQUIP & SUPP
402-7380-534.31-05
1,950.51
PUMPS & ACCESSORIES
402-7380-534.31-20
247.78
Water Division Total:
$45,749.29
CONTRACT HARDWARE INC
HARDWARE,AND ALLIED ITEMS
402-7382-534.31-01
635.93
DM DISPOSAL CO.
BUILDING MAINT&REPAIR SER
402-7382-534.41-50
13.24
LEGACY TELECOMMUNICATIONS,
EQUIP MAINT & REPAIR SERV
402-7382-534.48-10
2,583.15
INC
EQUIP MAINT & REPAIR SERV
402-7382-534.48-10
2,783.03
EQUIP MAINT & REPAIR SERV
402-7382-534.48-10
3,450.30
Page 16 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 20
City of Port Angeles
i City Council Expenditure Report
,141,Between Nov 24, 2018 and Dec 7, 2018
Vendor
LEGACY TELECOMMUNICATIONS,
INC
PUD #1 OF CLALLAM COUNTY
SUNSET DO -IT BEST HARDWARE
US BANK CORPORATE PAYMENT
SYSTEM
Description
EQUIP MAINT & REPAIR SERV
MISC PROFESSIONAL SERVICE
HAND TOOLS ,POW&NON POWER
HARDWARE,AND ALLIED ITEMS
1 CPU Memory-Elwha WF
Label tape-Elwha WF
Industrial Water Treatmnt Division Total:
Public Works -Water Department Total:
Water Utility Fund Total:
DEPARTMENT OF REVENUE
NCL NORTH CENTRAL
LABORATORIES
Excise Tax Returns -Oct
CHEMICAL LAB EQUIP & SUPP
US BANK CORPORATE PAYMENT 18g N2 5/8 Thread -5
SYSTEM
Division Total:
Department Total:
CED/CONSOLIDATED ELEC DIST
CENTURYLINK-QWEST
COLUMBIA RURAL ELECTRIC
ASSN, INC
DEPARTMENT OF REVENUE
FAMILY SHOE STORE
FASTENAL INDUSTRIAL
FEDERAL EXPRESS CORP
GRANICH ENGINEERED
PRODUCTS INC
LINCOLN STREET STATION
MASCO PETROLEUM, INC
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
MISC TRAVEL
NCL NORTH CENTRAL
LABORATORIES
ELECTRICAL EQUIP & SUPPLY
11-14 A/C 3604574859247B
11-14 A/C 3604575170121 B
11-14 A/C 3604576315689B
SECURITY,FIRE,SAFETY SERV
Excise Tax Returns -Oct
SHOES AND BOOTS
HARDWARE,AND ALLIED ITEMS
Shipping Chgs
Shipping Chgs
PUMPS & ACCESSORIES
Shipping Chgs
FUEL,OIL,GREASE, & LUBES
CDL RENEWAL REIMBURSEMENT
HART -PUBLIC WORKS LEADERS
CHEMICAL LAB EQUIP & SUPP
Account Number
402-7382-534.48-10
402-7382-534.47-10
402-7382-534.35-01
402-7382-534.31-01
402-7382-534.31-20
402-7382-534.31-01
403-0000-237.00-00
403-0000-237.00-00
403-0000-237.00-00
403-7480-535.31-20
403-7480-535.42-10
403-7480-535.42-10
403-7480-535.42-10
403-7480-535.43-10
403-7480-535.44-50
403-7480-535.31-01
403-7480-535.31-01
403-7480-535.42-10
403-7480-535.42-10
403-7480-535.34-02
403-7480-535.42-10
403-7480-535.32-20
403-7480-535.49-90
403-7480-535.43-10
403-7480-535.31-01
Amount
4,493.71
34.58
29.33
43.48
218.00
41.33
$14,326.08
$60,075.37
$64,234.45
9.46
(60.77)
(9.46)
($60.77)
($60.77)
235.55
102.99
116.63
103.16
239.75
20,406.97
250.00
114.78
85.01
40.60
3,687.10
19.29
203.45
102.00
383.25
759.25
Page 17 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 21
City of Port Angeles
i City Council Expenditure Report
,141,Between Nov 24, 2018 and Dec 7, 2018
Vendor
OLYMPIC PARTY & CUSTODIAL
SUPPLIES
PLATT ELECTRIC SUPPLY INC
SEARS COMMERCIAL ONE
SWAIN'S GENERAL STORE INC
US BANK CORPORATE PAYMENT
SYSTEM
Description Account Number
JANITORIAL SUPPLIES 403-7480-535.31-01
ELECTRICAL EQUIP & SUPPLY
MACHINERY & HEAVY HRDWARE
JANITORIAL SUPPLIES
SPRAYING EQUIPMENT
18g N2 5/8 Thread -5
Lodging -Freed
Parking -Freed
Registration -Young
Wastewater Division Total:
Public Works-WW/Stormwtr Department Total:
Wastewater Utility Fund Total:
DEPARTMENT OF REVENUE Excise Tax Returns -Oct
Excise Tax Returns -Oct
Division Total:
Department Total:
COLUMBIA RURAL ELECTRIC
ASSN, INC
DEPARTMENT OF REVENUE
MISC TRAVEL
SWAIN'S GENERAL STORE INC
US BANK CORPORATE PAYMENT
SYSTEM
WASTE CONNECTIONS, INC
SW - Transfer Station Division Total:
DEPARTMENT OF REVENUE
FEDERAL EXPRESS CORP
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
OLYMPIC PRINTERS INC
403-7480-535.34-02
403-7480-535.31-01
403-7480-535.31-01
403-7480-535.31-20
403-7480-535.31-01
403-7480-535.43-10
403-7480-535.43-10
403-7480-535.43-10
404-0000-237.00-00
404-0000-237.10-00
SECURITY,FIRE,SAFETY SERV 404-7538-537.43-10
Excise Tax Returns -Oct
DORCY-DELIVER GROUNDWATER
SUPPLIES
USCC Membership
Ferry -T McCabe
Lodging -T McCabe
BLDG CONSTRUC. SERVICES-
ENVIRONMENTAL&ECOLOGICAL
ENVIRONMENTAL&ECOLOGICAL
ENVIRONMENTAL&ECOLOGICAL
ENVIRONMENTAL&ECOLOGICAL
Excise Tax Returns -Oct
Shipping Chgs
CDL RENEWAL REIMBURSEMENT
PRINTING,SILK SCR,TYPSET
404-7538-537.44-50
404-7538-537.43-10
404-7538-537.31-20
404-7538-537.49-01
404-7538-537.43-10
404-7538-537.43-10
404-7538-537.41-51
404-7538-537.41-51
404-7538-537.45-30
404-7538-582.75-10
404-7538-592.83-10
404-7580-537.44-50
404-7580-537.42-10
404-7580-537.49-90
404-7580-537.49-90
Amount
26.13
1,938.24
78.22
61.02
7.58
118.17
499.50
26.01
69.50
$29,674.15
$29,674.15
$29,613.38
377.07
458.38
$835.45
$835.45
239.75
23,857.36
44.45
33.58
300.00
37.40
207.20
363,726.69
1,358.74
5,367.28
38,699.42
24,079.30
$457,951.17
20,538.84
20.87
102.00
1,010.39
Page 18 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 22
,, r4 City of Port Angeles
SF City Council Expenditure Report
15 Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
WASTE CONNECTIONS, INC
ENVIRONMENTAL&ECOLOGICAL
Solid Waste -Collections Division Total:
ASPECT CONSULTING, LLC
CONSULTING SERVICES
NORTHWESTERN TERRITORIES
ENGINEERING SERVICES
INC
US BANK CORPORATE PAYMENT
Pesticide Recert-Paynter
SYSTEM
Solid Waste -Landfill Division Total:
Public Works -Solid Waste Department Total:
Solid Waste Utility Fund Total:
AMAZON CAPITAL SERVICES
PRODUCTION&MANUFACTURING
CLALLAM CNTY DEPT OF HEALTH
LAB EQUIP,BIO,CHEM,ENVIR
LAB EQUIP,BIO,CHEM,ENVIR
DATABAR INCORPORATED
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
DEPARTMENT OF REVENUE
Excise Tax Returns -Oct
KITSAP COUNTY PUBLIC WORKS
MEMBERSHIPS
PORT ANGELES POWER
HAND TOOLS ,POW&NON POWER
EQUIPMENT
HAND TOOLS ,POW&NON POWER
US BANK CORPORATE PAYMENT
Fair Outreach Supplies
SYSTEM
Fair Outreach Supplies
Fair Outreach Supplies
Registration -Bradley
Pesticide Recert-Haskins
Lodging -Bradley
Stormwater Division Total:
Public Works-WW/Stormwtr Department Total:
Stormwater Utility Fund Total:
A/R MISCELLANEOUS REFUNDS M. HADLEY 130458945
DEPARTMENT OF REVENUE
US BANK CORPORATE PAYMENT
SYSTEM
Division Total:
Department Total:
BRAUN NORTHWEST
MEDIC I OVERPAYMENT 5/18
Excise Tax Returns -Oct
Uniform allowance-McFarla
SALE SURPLUS/OBSOLETE
Account Number
404-7580-537.41-51
404-7585-537.41-50
404-7585-537.41-50
404-7585-537.43-10
406-7412-538.31-01
406-7412-538.41-50
406-7412-538.41-50
406-7412-538.44-10
406-7412-538.44-10
406-7412-538.49-50
406-7412-538.41-50
406-7412-538.35-01
406-7412-538.35-01
406-7412-538.44-10
406-7412-538.44-10
406-7412-538.44-10
406-7412-538.43-10
406-7412-538.43-10
406-7412-538.43-10
409-0000-213.10-90
409-0000-213.10-90
409-0000-237.00-00
409-0000-237.00-00
409-6025-526.48-10
Amount
60,230.75
$81,902.85
2,680.28
517.50
120.00
$3,317.78
$543,171.80
$544,007.25
82.38
150.00
540.00
53.20
20.58
528.26
313.08
45.56
108.49
44.99
15.98
23.97
824.00
120.00
390.28
$3,260.77
$3,260.77
$3,260.77
131.49
100.00
49.68
(2.69)
$278.48
$278.48
85.87
Page 19 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 23
i
,141,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
CHURCH, JEREMY
FIRST AID & SAFETY EQUIP.
409-6025-526.31-08
200.00
CLALLAM CNTY EMS
EDUCATIONAL SERVICES
409-6025-526.41-50
840.00
DEROUSIE, TERESA
FIRST AID & SAFETY EQUIP.
409-6025-526.31-08
200.00
GALLS
CLOTHING & APPAREL
409-6025-526.20-80
382.14
JIFFY CLEANERS
CLOTHING & APPAREL
409-6025-526.20-80
36.96
LIFE ASSIST
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
951.80
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
106.77
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
104.80
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
35.87
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
678.76
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
104.80
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
267.75
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
10.48
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
574.90
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
301.38
MISC EMPLOYEE EXPENSE
CHURCH UNIFORM ALLOW
409-6025-526.20-80
147.00
REIMBURSEMENT
EATON UNIFORM ALLOW
409-6025-526.20-80
28.21
EATON UNIFORM ALLOW
409-6025-526.20-80
44.85
EATON UNIFORM ALLOW
409-6025-526.20-80
56.50
EATON UNIFORM ALLOW
409-6025-526.20-80
116.85
KARJALAINEN UNIFORM ALLOW
409-6025-526.20-80
286.49
OLYMPIC OXYGEN
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
30.44
SYSTEMS DESIGN WEST, LLC
HEALTH RELATED SERVICES
409-6025-526.41-50
3,261.50
US BANK CORPORATE PAYMENT
Uniform allowance-McFarla
409-6025-526.20-80
33.60
SYSTEM
Uniform allowance-McFarla
409-6025-526.20-80
48.86
Shipping -Heart monitor
409-6025-526.48-10
89.41
ZOLL MEDICAL CORPORATION
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
73.32
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
42.78
SALE SURPLUS/OBSOLETE
409-6025-526.31-02
73.32
Medic I Division Total:
$9,215.41
Fire Department Total:
$9,215.41
Medic I Utility Fund Total:
$9,493.89
MISC ONE-TIME VENDORS
INS.REIMB.PA HARBOR
413-7481-369.40-00
76,536.87
PACIFIC IND.PA HARBOR
413-7481-369.40-00
9,375.91
QBE PA HARBOR INS. REIM
413-7481-369.40-00
30,848.27
Page 20 of 27
Dec 12,
2018 10:44:05 AM
December 18, 2018
E - 24
,x
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
MISC TRAVEL
BLOOR-PA HARBOR MTG/HR ME
413-7481-535.43-10
111.00
US BANK CORPORATE PAYMENT
Lodging-Bloor
413-7481-535.43-10
109.91
SYSTEM
PA Harbor Seminar Reg-Blo
413-7481-535.43-10
450.00
Wastewater Remediation Division Total:
$117,431.96
Public Works-WW/Stormwtr Department Total:
$117,431.96
Harbor Clean Up Fund Total:
$117,431.96
AIR FLO HEATING COMPANY INC
CITY REBATE
421-7121-533.49-86
500.00
CITY REBATE
421-7121-533.49-86
500.00
ALL WEATHER HEATING &
CITY REBATE
421-7121-533.49-86
500.00
COOLING
CITY REBATE
421-7121-533.49-86
500.00
DAVE'S HEATING & COOLING SVC
CITY REBATE
421-7121-533.49-86
3,800.00
CITY REBATE
421-7121-533.49-86
500.00
EVERWARM HEARTH & HOME INC
CITY REBATE
421-7121-533.49-86
73.14
MISC CITY CONSERVATION
CITY REBATE
421-7121-533.49-86
500.00
REBATES
CITY REBATE
421-7121-533.49-86
500.00
MISC ONE-TIME VENDORS
CITY REBATE
421-7121-533.49-86
500.00
US BANK CORPORATE PAYMENT
Sensor -Planning
421-7121-533.35-01
484.87
SYSTEM
Sensor -Planning
421-7121-533.35-01
9.60
Registration-Kajfasz
421-7121-533.43-10
200.00
Conservation Division Total:
$8,567.61
Public Works -Electric Department
Total:
$8,567.61
Conservation Fund Total:
$8,567.61
BILL'S PLUMBING & HEATING INC
RENTAL/LEASE EQUIPMENT
451-7188-594.65-10
190.00
Electric Projects Division Total:
$190.00
Public Works -Electric Department
Total:
$190.00
Electric Utility CIP Fund Total:
$190.00
LAKESIDE INDUSTRIES INC
CONSTRUCTION SERVICES,HEA
452-7388-594.65-10
29,819.40
Water Projects Division Total:
$29,819.40
Public Works -Water Department Total:
$29,819.40
Water Utility CIP Fund Total:
$29,819.40
LAKESIDE INDUSTRIES INC
CONSTRUCTION SERVICES,HEA
456-7688-594.65-10
131,619.00
Stormwater Util CIP Projs Division Total:
$131,619.00
Public Works Department Total:
$131,619.00
Stormwtr Util Projects Fund Total:
$131,619.00
AMAZON CAPITAL SERVICES
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
68.46
Page 21 of 27
Dec 12,
2018 10:44:05 AM
December 18, 2018
E - 25
$w'-Iff,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
BRAUN NORTHWEST
FASTENAL INDUSTRIAL
KENT D. BRUCE CO.LLC
MASCO PETROLEUM, INC
MCMASTER-CARR SUPPLY CO
NAPA AUTO PARTS
PENINSULA LUBRICANTS
PORT ANGELES TIRE FACTORY
RUDDELL AUTO MALL
WESTERN PETERBILT INC
Division Total:
Department Total:
AMAZON CAPITAL SERVICES
ASSOCIATED PETROLEUM
PRODUCTS, INC
BAXTER AUTO PARTS #15
COLUMBIA RURAL ELECTRIC
ASSN, INC
GRAINGER
JENNINGS EQUIPMENT INC
LES SCHWAB TIRE CENTER
MATT'S TOOLS USA, LLC
MCMASTER-CARR SUPPLY CO
NAPA AUTO PARTS
NELSON TRUCK EQUIPMENT CO
INC
OWEN EQUIPMENT
Description
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
FUEL,OIL,GREASE, & LUBES
AUTO & TRUCK ACCESSORIES
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT. ITEMS
FUEL,OIL,GREASE, & LUBES
FUEL,OIL,GREASE, & LUBES
AUTO & TRUCK MAINT. ITEMS
SECURITY,FIRE,SAFETY SERV
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT.
ITEMS
AUTO & TRUCK MAINT. ITEMS
Account Number
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.20-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-0000-141.40-00
501-7630-548.31-01
501-7630-548.32-13
501-7630-548.32-13
501-7630-548.34-02
501-7630-548.43-10
501-7630-548.34-02
501-7630-548.34-02
501-7630-548.34-02
501-7630-548.34-02
501-7630-548.35-01
501-7630-548.31-01
501-7630-548.34-02
501-7630-548.34-02
501-7630-548.34-02
501-7630-548.34-02
501-7630-594.64-10
501-7630-548.34-02
Amount
60.40
20.54
274.75
586.06
226.47
27.18
69.83
30.91
189.72
1,799.82
523.57
671.37
125.50
367.51
$5,042.09
$5,042.09
53.82
721.65
28.76
31.61
239.75
145.64
265.63
84.79
114.14
22.25
84.36
5.42
61.13
15.29
105.20
1,429.09
611.51
Page 22 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 26
, 4
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
PACIFIC ENVIRONMENTAL SVCS
EQUIP. MAINT. AUTO,TRUCK
501-7630-594.64-10
28,150.04
CO
PENINSULA LUBRICANTS
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
104.80
PORT ANGELES TIRE FACTORY
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
16.30
EXTERNAL LABOR SERVICES
501-7630-548.34-02
73.66
EXTERNAL LABOR SERVICES
501-7630-548.34-02
18.42
SIX ROBBLEES' INC
AUTO & TRUCK MAINT. ITEMS
501-7630-594.64-10
97.46
STRAIT ALIGNMENT & BRAKE
EXTERNAL LABOR SERVICES
501-7630-548.34-02
48.92
SUNSET DO -IT BEST HARDWARE
AUTO & TRUCK MAINT. ITEMS
501-7630-548.31-01
10.73
TOWN & COUNTRY TRACTOR, INC
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
1,399.03
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
92.98
US BANK CORPORATE PAYMENT
Pool vehicle bridge fee
501-7630-548.49-90
60.00
SYSTEM
Equipment Services Division Total:
$34,092.38
Public Works Department Total:
$34,092.38
Equipment Services Fund Total:
$39,134.47
DEPARTMENT OF REVENUE
Excise Tax Returns -Oct
502-0000-237.00-00
1,180.02
Division Total:
$1,180.02
Department Total:
$1,180.02
CANON USA, INC
OFFICE MACHINES & ACCESS
502-2081-518.45-31
108.39
OFFICE MACHINES & ACCESS
502-2081-518.45-31
117.17
OFFICE MACHINES & ACCESS
502-2081-518.45-31
125.19
OFFICE MACHINES & ACCESS
502-2081-518.45-31
133.35
OFFICE MACHINES & ACCESS
502-2081-518.45-31
162.67
OFFICE MACHINES & ACCESS
502-2081-518.45-31
181.05
OFFICE MACHINES & ACCESS
502-2081-518.45-31
181.05
OFFICE MACHINES & ACCESS
502-2081-518.45-31
182.35
OFFICE MACHINES & ACCESS
502-2081-518.45-31
196.37
OFFICE MACHINES & ACCESS
502-2081-518.45-31
196.37
OFFICE MACHINES & ACCESS
502-2081-518.45-31
196.37
OFFICE MACHINES & ACCESS
502-2081-518.45-31
227.27
OFFICE MACHINES & ACCESS
502-2081-518.45-31
238.80
OFFICE MACHINES & ACCESS
502-2081-518.45-31
245.65
OFFICE MACHINES & ACCESS
502-2081-518.45-31
275.90
OFFICE MACHINES & ACCESS
502-2081-518.45-31
291.70
Page 23 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 27
i
,141,
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
CANON USA, INC
OFFICE MACHINES & ACCESS
502-2081-518.45-31
396.54
OFFICE MACHINES & ACCESS
502-2081-518.45-31
589.26
CENTURYLINK-QWEST
11-05 A/C 3604529887652B
502-2081-518.42-10
51.66
11-10 A/C 360Z1 00240955B
502-2081-518.42-10
188.42
11-14 A/C 3604570411199B
502-2081-518.42-10
761.07
11-14 A/C 3604570831558B
502-2081-518.42-10
49.69
11-14 A/C 3604570968343B
502-2081-518.42-10
103.35
11-14 A/C 3604571535571 B
502-2081-518.42-10
85.41
11-14 A/C 3604576684085B
502-2081-518.42-10
557.60
COMMUNICATIONS/MEDIA SERV
502-2081-518.42-10
244.38
11-16 A/C 206T355724768B
502-2081-518.42-10
57.62
11-16 A/C 206T359336570B
502-2081-518.42-10
489.69
HELPSYSTEMS
DATA PROC SERV &SOFTWARE
502-2081-518.48-02
1,548.42
SUPERION, LLC
DATA PROC SERV &SOFTWARE
502-2081-518.48-02
4,069.26
TYLER TECHNOLOGIES, INC
DATA PROC SERV &SOFTWARE
502-2081-518.48-02
5,992.09
US BANK CORPORATE PAYMENT
ShareFile Annual Subscrip
502-2081-518.49-01
208.70
SYSTEM
ShareFile Prorated Subscr
502-2081-518.49-01
7.57
Office protection plan -4y
502-2081-518.35-01
16.88
Hand-held labeler
502-2081-518.35-01
217.44
ACCIS Membership -Weeks
502-2081-518.49-01
75.00
Information Technologies Division Total:
$18,769.70
PUD #1 OF CLALLAM COUNTY
RADIO & TELECOMMUNICATION
502-2083-518.47-10
46.17
Wireless Mesh Division Total:
$46.17
Finance Department Total:
$18,815.87
Information Technology Fund
Total:
$19,995.89
AWC EMPLOYEE BENEFITS TRUST
L1 MED/VIS PREMIUMS
503-1631-517.46-34
5,637.28
LIFE INSURANCE
503-1631-517.46-32
1,712.17
LTD
503-1631-517.46-31
4,857.64
MED/DEN/VIS PREMIUMS
503-1631-517.46-30
199,765.06
HSA BANK
HSA Service Fee
503-1631-517.41-50
315.00
NW ADMIN TRANSFER ACCT
CONSULTING SERVICES
503-1631-517.46-33
82,984.45
CONSULTING SERVICES
503-1631-517.46-34
5,763.60
REDACTED
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
95.70
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
119.54
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
130.13
Page 24 of 27
Dec 12,
2018 10:44:05 AM
December 18, 2018
E - 28
City of Port Angeles
o,;.,
i
City Council Expenditure Report
o,�,,�
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
REDACTED
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
185.20
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
199.89
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
202.99
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
208.55
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
214.61
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
236.49
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
240.38
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
281.06
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
311.65
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
434.06
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
1,020.96
EMPLOYEE REIMBURSEMENT
503-1631-517.46-30
1,162.55
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
108.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
108.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
108.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
108.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
109.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
111.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
113.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
115.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
120.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
121.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
123.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
134.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
134.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
134.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
134.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
134.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
366.00
REIMBURSE MEDICARE-NOV
503-1631-517.46-35
556.00
US BANK CORPORATE PAYMENT
Water refilling station
503-1631-517.41-51
549.32
SYSTEM
Wellness items
503-1631-517.41-51
194.55
Wellness items
503-1631-517.41-51
205.40
Wellness items
503-1631-517.41-51
31.42
Page 25 of 27
Dec 12,
2018 10:44:05 AM
December 18, 2018
E - 29
o,;.,
i
o,�,,�
City of Port Angeles
City Council Expenditure Report
Between Nov 24, 2018 and Dec 7, 2018
Vendor
Description
Account Number
Amount
US BANK CORPORATE PAYMENT
Wellness items
503-1631-517.41-51
55.21
SYSTEM
Other Insurance Programs Division Total:
$309,950.86
WASHINGTON HOSPITAL SVCS
CONSULTING SERVICES
503-1661-517.41-40
1,066.67
Worker's Compensation Division Total:
$1,066.67
MISC CLAIM SETTLEMENTS
IN HOUSE CLAIM BRIEITBACH
503-1671-517.49-98
60.00
WCIA (WA CITIES INS AUTHORITY)
CONSULTING SERVICES
503-1671-517.41-50
98,979.60
SETTLEMENT FUNDS -CLAIM #G
503-1671-517.41-50
50,000.00
Comp Liability Division Total:
$149,039.60
Self Insurance Department Total:
$460,057.13
Self -Insurance Fund Total:
$460,057.13
AWC EMPLOYEE BENEFITS TRUST
RETIREE PREMIUMS
602-6221-517.46-35
2,526.56
REDACTED
REIMBURSE MEDICARE-NOV
602-6221-517.46-35
111.00
REIMBURSE MEDICARE-NOV
602-6221-517.46-35
113.00
REIMBURSE MEDICARE-NOV
602-6221-517.46-35
127.00
Fireman's Pension Division Total:
$2,877.56
Fireman's Pension Department Total:
$2,877.56
Firemen's Pension Fund Total:
$2,877.56
AFLAC
AFLAC DECEMBER 2018
920-0000-231.53-10
1,521.06
AWC EMPLOYEE BENEFITS TRUST
AWC SUPPLEMENTAL LIFE
920-0000-231.53-30
377.80
CHAPTER 13 TRUSTEE
Case #14-14948
920-0000-231.56-90
904.16
EMPLOYEES ASSOCIATION
PAYROLL SUMMARY
920-0000-231.55-30
570.00
LEOFF
PAYROLL SUMMARY
920-0000-231.51-21
68.76
PAYROLL SUMMARY
920-0000-231.51-21
28,747.38
PAYROLL SUMMARY
920-0000-231.51-21
29,661.04
OREGON DEPT OF JUSTICE
Case #051 DAX566541
920-0000-231.56-20
92.31
PERS
PAYROLL SUMMARY
920-0000-231.51-10
1,322.46
PAYROLL SUMMARY
920-0000-231.51-11
166.42
PAYROLL SUMMARY
920-0000-231.51-11
13,227.18
PAYROLL SUMMARY
920-0000-231.51-12
73.50
PAYROLL SUMMARY
920-0000-231.51-12
76,648.76
PAYROLL SUMMARY
920-0000-231.51-10
1,244.36
PAYROLL SUMMARY
920-0000-231.51-11
12,985.55
PAYROLL SUMMARY
920-0000-231.51-12
77,144.71
TEAMSTERS LOCAL 589
PAYROLL SUMMARY
920-0000-231.54-10
1,949.50
Page 26 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 30
City of Port Angeles
i City Council Expenditure Report
,141,Between Nov 24, 2018 and Dec 7, 2018
Vendor Description Account Number Amount
TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 1,949.50
UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 220.00
VOLUNTEER FIRE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-20 6.00
WSCFF/EMPLOYEE BENEFIT PAYROLL SUMMARY 920-0000-231.53-20 1,875.00
TRUST
Division Total: $250,755.45
Department Total: $250,755.45
Payroll Clearing Fund Total: $250,755.45
Total for Checks Dated Between Nov 24, 2018 and Dec 7, 2018 $3,489,606.31
Page 27 of 27 Dec 12, 2018 10:44:05 AM
December 18, 2018 E - 31
tfM POR-T-ANGELES CITY COUNCIL
WASH I N G T o N, u. s. MEMO
Date: December 18, 2018
To: City Council
From: Allyson Brekke, Director, Community and Economic Development
Subject: 2nd Amendment of the Professional Services Contract for an Interim Hearing Examiner
Summary: A 2nd amendment to a contract for the professional services of an Interim Hearing Examiner
between the City of Port Angeles and Lauren Erikson.
Funding: The Interim Hearing Examiner shall be compensated on an hourly rate of $120.00 per hour.
The maximum compensation per this agreement is $20,000.
Recommendation: Approve the second amendment to the professional services contract between City
of Port Angeles and Lauren Erickson and authorize the City Manager as signatory.
Background / Analysis:
On May 19, 2015 City Council approved Ordinance 3536 establishing Chapter 2.18 of the Port Angeles
Municipal Code for the Hearing Examiner. The Interim Hearing Examiner conducts administrative and
quasi-judicial hearings on appeals of departmental decisions and a variety of land use permits. The
Hearing Examiner approach is recognize to the best practice for ensuring fair and impartial decisions to
quasi-judicial matters.
On June 29, 2015 the City entered into a professional services contract with Lauren Erikson as Interim
Hearing Examiner until December 31, 2017. A 1St amendment to this contract allowed continued
professional services until December 31, 2018. This 2nd amendment will extend the professional services
contract until December 31, 2019.
Funding Overview: The Interim Hearing Examiner shall be compensated on an hourly rate of $120.00
per hour. The maximum compensation per this agreement is $20,000.
December 18, 2018 E - 32
SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES CONTRACT
between
CITY OF PORT ANGELES
and
LAUREN ERICKSON
This amendment to the AGREEMENT is made and entered into between the City of Port
Angeles, a non -charter code city and municipal corporation of the State of Washington
(hereinafter referred to as the City), and Lauren Erickson, a single woman, (hereinafter referred
to as the Interim Hearing Examiner as of the date of the last signature affixed below.
SECTION 1
The City entered into the existing Agreement with the Lauren Erickson, June 29, 2015 (the
AGREEMENT). The City Amended the Agreement December 29, 2017 extending the duration
by one year until December, 31, 2018.
SECTION 2
L DURATION OF THE CONTRACT
Section 2 of the AGREEMENT is now amended to read in its entirety:
The term of this contract shall begin upon signature by both parties hereto and shall terminate
December 31, 2019.
Either party, upon ten (10) days' notice to the other party, may terminate this Contract in whole
or in part when either party deems it to be in their best interest. In such event, Interim Hearing
Examiner shall be compensated, and the City shall be liable only for payment of services already
rendered under this Contract prior to effective date of termination.
IL MAXIMUM COMPENSATION
Section 3(a) of the AGREEMENT is amended to read in its entirety:
Compensation. The Interim Hearing Examiner shall be compensated on an hourly rate of
$120.00 per hour. The maximum compensation per this AGREEMENT is $20,000. The City
does not guarantee any number of hearings or any amount of compensation.
SECTION 3 RATIFICATION
Except as modified herein, the original AGREEMENT is confirmed and ratified.
1
December 18, 2018 E - 33
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the
AGREEMENT as of the date and year of the last signature affixed below.
Date: , 2018 Date: December 11, 2018.
CITY OF PORT ANGELES INTERIM HEARING EXAMINER
0
Nathan West, City Manager
ATTEST:
Kari Martinez -Bailey, City Clerk
W
Lauren Erickson
AP\PR�OVED AS TOIFRM:
61 aunt 1, 1
William E. Bloor, City Attorney
December 18, 2018 E - 34
P-QUANGELES I CITY COUNCIL
�-- w A 5" i H C.r0 N U . 5 MEMO
Date: December 18, 2018
To: City Council
From: James Burke, Director ofPublic Works & Utilities
Subject: Ratify a Declaration of Emergency - 1St — 2" Alley Sewer Repair
Summary: The purpose of this memo is to approve and ratify the Pt -2' alley sewer repair Declaration
of Emergency issued by the City Manager on November 27, 2018. City staff identified two breaks on the
8 -inch sanitary sewer main on the 1St -2°d Alley between Race Street and Francis Street. The ongoing work
to repair the sanitary sewer main is being performed under emergency conditions per RCW 35.33.081
and 38.52.070(2). Bruch and Bruch Construction Inc., from Port Angeles was awarded a contract in an
amount not -to -exceed $55,000.00.
Funding: Funding for the emergency contract was made available through the 2018 budget from the
Wastewater Utility Repairs and Maintenance budget line item 403-7480-5354810 for an amount not -to -
exceed $55,000.00.
Recommendation: Approve and ratify the Declaration of Emergency signed by the City Manager on
November 27, 2018.
Background / Analysis: City staff identified two breaks on the 8 -inch sanitary sewer main on the 1st_
2' Alley between Race Street and Francis Street. It was determined by City staff the sewer main was
broken in two separate locations, at a depth of approximately 16 feet. City staff was unable to assess the
condition of the sewer main beyond the two broken sections. The failed section of sewer is a critical
component of the City's sanitary sewer collections system, serving twenty residential units, and eight
commercial units, including two restaurants.
On November 27, 2018 a Declaration of Emergency was issued by the City Manager, enabling the Public
Works and Utilities Department to secure contractor services under RCW 39.04.280 and RCW
38.52.070(2) provisions for exceptions to the normal competitive bidding requirements for public works
in the event of an emergency. As the full extent of the damage and scope to repair the two sewer main
breaks was unknown, the contract signed with Bruch and Bruch Construction Inc. was a Force Account
contract (normal contracting procedures for emergency work) in that all costs associated with the work
(labor hours, materials, and equipment) is tracked, logged, and signed daily.
Funding Overview: Available in Wastewater Division budget line item 403-7480-535-4810 in an
amount not -to -exceed $55,000.00.
December 18, 2018 E - 35
DECLARATION OF EMERGENCY
Nathan West, the City Manager of the City of Port Angeles, finds that the following facts exist:
1. City Wastewater Operations staff discovered that an 8 -inch sanitary sewer main in the Vt / 2nd
Alley between Race and Francis Street had failed and was not actively draining sewage. The
sewer main was cleaned to restore flow capacity and then CCTV inspected. It was determined
that the sewer main was broken in two places on opposite ends of a 440 LF main. Operations
staff were unable to assess the condition of the sewer main beyond the two broken sections
which were initially encountered. The condition of the remaining uninspected 390 LF of sewer
main is yet to be determined.
2. The failed section of sewer is a critical component of the City's sanitary sewer collections
system. The sanitary sewer main was initially installed as part of the original county sewer, in
1925. Since then it has served a sanitary sewer collector for two city blocks, twenty residential
units, and eight commercial units including two restaurants. Repairing the sanitary sewer main is
critical to maintaining sewer service to the residential and commercial units it services.
Operations staff has been pumping the upstream sewer system twice daily to maintain service to
the effected customers. Until this main is repaired there is a significant risk that damaged
sections will worsen, which in turn increases the risk of a sanitary sewer overflow or backwater
into commercial or residential property. For these reasons, it is imperative that repairs be
implemented immediately to avoid a risk to human health.
3. The location of the sewer main failure poses a significant barrier to making repairs. Repair work
will require the use of heavy equipment, such as extended boom excavators, and substantial
shoring equipment due to the significant depth of the sanitary sewer main. Based on past project
experience in the vicinity of this repair, the City anticipates poor soil conditions which may
require extra excavation.
4. Due to the severity of the main break, its location, its impact on the City's sanitary sewer
collection system, and the need for immediate repair, an emergency is present which necessitates
activation of the City of Port Angeles Comprehensive Emergency Management Plan, including
utilization of emergency powers granted pursuant to RCW 35.33.081 and RCW 38.52.070(2).
NOW, THEREFORE, by the authority granted to me under State law and by the City Council, I
hereby declare that an emergency exists in Port Angeles due to a sewer main break and that the
City is authorized to do the following:
1. Enter into contracts and incur obligations necessary to combat such emergency situation to
protect the health and safety of persons and the preservation of property; and
2. Each City department is authorized to exercise the powers vested under this resolution in light
of the emergency situation without regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional requirements).
DATED this, _+ day of November 2018.
Nathan West, City Manager
December 18, 2018 E - 36
i,G� PMR-T-ANGELESCITY COUNCIL
waSwINCp10N, u.S MEMO
Date: December 18, 2018
To: City Council
From: Brian S. Smith, Chief of Police
Subject: Fager Forfeiture and Criminal Case
Summary: The Olympic Peninsula Narcotics Task Force (OPNET) is a multi -agency and multi -
jurisdictional task force that was created pursuant to an interlocal agreement as is authorized by Chapter
39.34 of the Revised Code of Washington. The case in question began in 2009 when investigators from
six agencies obtained a search warrant for a thermal image search of a property in Jefferson County. Based
on the results they received a second search warrant for this location that led to the discovery of a large,
sophisticated and indoor marijuana growing operation that was in violation of both state and federal law.
OPNET investigators filed a criminal case in Jefferson County Superior Court and also filed a civil
forfeiture case for two parcels of real property located in Jefferson County. A 13 day evidentiary hearing
in the criminal case led the Superior Court judge ordering the suppression of the testimony from the four
investigators and suppression of all evidence obtained as a result, thus causing a dismissal of the criminal
case The trial court ultimately dismissed the civil case and ordered the attorney fees in the civil case and
some of the criminal case attorney fees be awarded to both individuals (the Fager brothers). Counsel for
OPNET appealed the ruling. The State Supreme Court ultimately ruled that that Steven Fager was entitled
to all his attorneys' fees (both civil and criminal) as he was the "substantially prevailing party" in the
forfeiture case. The Port Angeles Police Department (PAPD) is one of six agencies who were equal
participants in this criminal and civil case.
Funding: The Police Department has in the Professional Services line (001-5010-521-41.50) the funding
available to pay the one sixth share of this award.
Recommendation: Authorize the City Manager to pay to the Clallam County Sheriff the amount of
$39,072.09
Background / Analysis: OPNET is not a separate legal entity but a compilation of agencies who
assign detectives or special agents to work on cases involving narcotics trafficking (or other major
crimes) to the benefit of all the cooperating agencies. In 2009 the agencies that began the investigation
and saw the Fager case to completion were the Clallam County Sheriffs Office, the Port Angeles Police
Department, the U.S. Border Patrol, the Jefferson County Sheriffs Office, the Sequim Police Department
and the Washington State Patrol. The civil case was filed by the plaintiff (Steven Fager) against the
Clallam County Sheriff by name and against the "Olympic Peninsula Narcotics Enforcement Team"
(OPNET). In the matter at hand OPNET is the six agencies already described. No one agency had any
more or any less involvement, responsibility or ultimate liability in this case (with the exception of the
Clallam County Sheriff being specifically named in the filing). In 2009 the operational supervisor of
OPNET was a Port Angeles Police Department Detective Sergeant and the OPNET commander was the
Clallam County Sheriffs Chief Criminal Deputy.
Based on the ruling of the Washington Supreme Court Steven Fager is entitled to receive a total of
$234,432.56 in trial court, appeals court and Supreme Court attorney fees. The chiefs of the six
December 18, 2018 E - 37
respective investigative agencies agree that the obligation to pay the award should be split equally
amongst the agencies. Counsel for all six agencies have reviewed the case analysis and recommendation
provided by David Alvarez, Clallam County Chief Civil Deputy Prosecuting Attorney. The Washington
Office of Attorney General has determined that in regards to the Washington State Patrol they are liable
for one sixth of the total judgement and has recommended payment of their one sixth share to Clallam
County. On December 11, 2018 the Sequim City Council voted to approve a payment of their one sixth
share to Clallam County in the name of the Sequim Police Department. Jefferson County and the US
Border Patrol are still in the process of the reviewing the claim but have offered no statement or
information indicating an objection to payment of their shares of the claim.
It is expected that very soon the Jefferson County Superior Court will issue an order to the named parties
(the Clallam County Sheriff and OPNET) ordering payment of $234,432.56 to Steven Fager for his
attorney fees in this matter. Since OPNET does not exist as a legal entity, Clallam County will remit
payment in full to Steven Fager to cover the legal obligation.
The 2009 case at hand is the last major marijuana cultivation and forfeiture case handled by OPNET. In
2011 (and ahead of the 2012 Washington voter initiative that legalized recreational marijuana under state
law) the newly assigned OPNET supervisor (PAPD Detective Sergeant) made substantial changes in
OPNET operations and procedures. As of 2011 the OPNET focus became drug trafficking organizations
associated with heroin and other opiates, and other major crimes. While OPNET has assisted federal
partners on large scale marijuana cultivation, money laundering and marijuana sales that are in violation
of both state and federal law, OPNET has not taken the lead in a complex marijuana case since 2009. A
copy of the September 6, 2018 decision of the State Supreme Court, the Clerk's Ruling setting award for
attorney fees, the November 15, 2018 State Supreme Court Supplemental Judgement and Clallam County
invoice to the City of Port Angeles are available will provided to Council if requested.
Funding Overview: Due to one-time budget savings the Port Angeles Police Department has in budget
line 001-5010-521-41.50 the funds to pay the $39,072.09 share to the Clallam County Sheriff.
December 18, 2018 E - 38
�.:L,VAM .INTY PROSE,("'QQ 'HN Al°'V0 RNIFY
MARK B.NI(IH)t..
PROSrCUTiNa, AT OKNCY
223 FAST 4TH STRFFT, SUITF I 1
POR F ANt-P1".1 FS', WA 98362
111ION1 360-11'/ !";()? I:AV :360-417-7469
lE)f,l, [ I;IsI(I I4f?19 I {il:i ; 360-374-5324
1)4"cc by 1' 5, 2-0 J 8
To: Clallam Ccruslty Board of County Commissioners
Customs & Border I'airol and/car its counsel
Jefferson County Board of County Commissioner's and its counsel
Fort Angeles City Council and its counsel
Sequim City Council and its counsel
Washington State Patrol and/or its counsel
Re: Fager Forfeiture Case
OPAET v. ,Real Property Known as—.. , 191 Wn.2d 654 (Sept. 6, 2018)
Gentlemen and Gentlewomen:
I have been tasked with writing a summary memo roe ,ttrllio- the FapCr Forfeiture case to the
participants in e;)PNE'V and, if applicable;, lho govoroiu}, ot`any inunicipal participants.
I have been given this assignment preslitil;,rl,ly hccanl c: (J tlh0o. C:owity and its Sheriff's
Office serve as the lead entity for OVNE'I V.
Readers will recall the eager brothers were arrc-�tcd in 2009 based on a finding of probable
cause that they were growing and distributing ktrgc quantities of marijuana from a Jefferson
County location at a time before recreational marijuana became lawful.
...
Steven Fager has been awarded attorneys' fees by the State ' u" pi6 ne Court as a restrlt of a
decision by a 6-3 vote handed down on September 6, 2018. Those fees total $ 234,432.56.
Some background information is required to explain how we got to this point.
OPN I"T officers conducted surveillance; and, in 2009, obtained a warrant for a. thermal image
,w, Lrc,-.11, based on allegations that they could smell marijuana fi-om the street and that the snioll
Wd,; ('OTMrig Bram the 115 Freeman Lane building, ffiised oil the results of [ho thol-nt (l itlwt c:
search, OPNET obtained a search warrant for die 115 l' vo-c!inou I,ariC i,uildim ;.uli.1 "discuvered
a large, sophisticated, indoor marijuana growin -, c,pci—atioi)," The next day, the F gers were
each charged with one count of rrlanL&MLlriIII"
17111:11 Lltllta and one count of possossion with
intent to dchvcr marijuana. The criminal cases ao,' in.st the l�aoers wt.�'c: con,.o i.dated.
On the same day that the criminal chaq,es worc f.ilcd, OPNET, the Clallarn County sheriff,
and x'.1"111,1177 (;`(3llnty bro0.' rt this Civil lorleilure care against the two parcels of real property
nil wljkt: 1. 11w 'I f f ri;ernan lane building, is located. One parcel belongs to Steven and the
December 18, 2018 E - 39
Faget-Fort`eiture case and attorneys' fees
December 5, 2018
Page 2
other belongs to a corporation, Discovery Bay 'Village Wellness Collective (DBVWC).2
Steven Is the presidc:rrland ret istc.rc;cl agent tot- DBVWC, and the Fagers are both
shareholders. Jeffrey Steinborn timely entered a notice of appearance in the: furfcitrrrc: case as
"Attorney for Claimant Steven Fager." In January 2010, the panties entered an agreed order
staying the forMturG ease pending the outcome of the consolidated criminal cases, which took
several snore years to resolve.
In their critninal cases, the Pagers moved to suppress the evidence OPNET obtained from
searching the 115 Freeman Lane building. After a hearing some 13 days .in length, the trial
court granted the motion, crediting unrebutted expert testimony "that it would have been
impassible for the officers to smell the marijuana" from the distance at which they claimed to
smell it. The court also determined that the officers' statements "demonstrate(d] a reckless
disregard for the truth" and must be suppressed.
1Vttlrc7rct.
111n<',0 s1' rl.r.r7ci:n#s, there was no probable cause for the search warrant, and the court
tla�Wrc;lu, �r,ipprc;sscd "[a]ll evidence procured as a result." The trial court then dismissed the
crirr:t.im l with l-crcjudic,c, s -arid the Court of Appeals affinned. The State did not seek
furthcr r(Mew, and the- tmaradate issued on April 8, 2015.
Two and a. half week -s' later, .lames R- Dixon entered a notice of appcarancr in the forfeiture
preyr: c;:dir7, as "Sr d),,F1tritio,, Coi,insel For Steve Fager." "I°hart satrio day, "Stc'voa lager and the
DiSc()V +ty I�ay vill l''", W'r.�llness Collective" moved for sumtnary judgmoall,. 01INF-I' did not
rc .sp( d- I iirctead, C]PN I T released its lis pendens and filed a motion for volr.riit�ary disnxissal
pur.,su;rw 1(.) t::fz i 1 f'0( i )(1:3). `The parties agreed that voluntary dismissal should lac. granted and
that motion was rmoot_
Howover, OPN F1 -'would not stipulate to a dismissal that included any attorney ;rward, so
S L c I I ;r , r f i!L'.d ri Ne l,;;u-,ic, rr,i1t:i0r1 Ior attorney fees, It has consistently been tire; po,,;ition of
counsel for OPM."Ithat in the context of a civil forfeiture case a claimant (such as Steven
Fager) is only entitled to recover his or her attorney's fees if they are a prevailing party AND
only for fees incurred in defending against that civil forfeiture.
The trial court dismissed the forfeiture case and awarded the Fagers the attorney fees inctirred
in the forfciterre case., ;as wt,] I as some of the fees incurred in the; Fagers' criminal cases. The
Fagers did not rc .nest, and the; court diel not award, alt of their criminal defense fees,
however. lrxstcad, the court awarded fees Fager incurred hi his criminal defense only "where
the primary purpose behind the incurred fees was tip prevent the forfeiture." On OPNET"s
request for clarification, the court confirmed that it was awarding fees to Moth Steven and
Timothy because'ITimothy is "a part owner ofDBV'WC., Inc."
OPNET appealed, In an unpublished decision, t1 -ie Court of Appeals, Division One, held that
RCW 69.50.505(6) did not authorize the trial court to consider "factors unrelated to the civil
forfeiture proceeding," such as " `the way in which the State approached the criminal case,'
December 18, 2018 E - 40
Fager Forfeiture case and attorneys' fees
December 5, 2018
Page 3
in awarding attorney fees. The Court of Appeals, in other words, accepted the argument of
counsel for OPNET that fees incurred in the underlying criminal matter could not be awarded
by a court in the -parallel civil forfeiture case but Steven Fager could reviver the attorney's
fees he incurred in the civil forfeiture matter because he was the "substantial ly prevailing"
party in that matter. The Court of Appeals also held that Steven appeared in the forfeiture
proceeding only in his individual capacity and that 1)13VWC'. and Timothy never appeared at
all, so Timothy could not be a claimant. entitled to attorney fees.
The Court of Appeals therefore affirmed in part, reversed in part, and remanded for the trial
court to enter a corrected fee award as to Steven. The Court of Appeals, in other words,
accepted the argument of counsel for OPNET that fees incurred in the underlying criminal
matter could not be awarded by a court to the claimant in the parallel civil forfeiture case.
The Statu SI111rc l I Ic Court granted the Fagers' petition for review, i.e., agreed to hear and rule
on tltc iw .uc' ; t1:l.o k sr c>'s presented in their Petition for Review. At issue with respect to at
least Stevon Darier was RCW 69.50.505(6):
(6) 11, any 1,roc ceding to fortoit prop(,r-t,y under tlik title ; where the claimant
writrtitlfirSi2rlly 1,rcvrlils, the c4tirrlr. ut is cmtitic:d to rca.sormblc: attorneys' fees
r`c:46011klbly 11 currcd lly the <:I;Iiuuuat lu additiou, i.rr 11 court hearing between
two or r w -c: c la.i>:amits to the article or articles involvcd, the prevailing party is
crll.itdccl to z, j 11< gincnt .for costs and reasonable auorncys' fees.
The State Sularcme Court affirmed the Court of Appeals' ruling that Timothy Fager had nearer
obtairrk:!(1 JIO Status of Claimant and thus he was not entitled to any attorneys' fees he incurred
in the civil l61-I'citurt, case. But OPNET was on the losing end with respect to a more
impactfiri iSsuc, Specifically, the State Supreme Court ruled Steven Fager was entitled, as the. _
"substantially prevailing;" party in the civil focrfe.iture case, to recover from C)1'M!"I' the
reasonable portion of the attomey's fees he had incurred in the: cdminat case. Why is that
true? Because he had no choice but to "reasonably incur" those cricn. inal defense fees if he
was going to ever succeed in the civil forfeiture case. Here is what Justice Yu wrote in this
regard in her majority opinion:
"To effect this fle.gislativel intent, courts shoidd look m tllcl urr c: i+I' Ilia
work undel'lyinLy the fc:eS inCUrred 2111(1 ;1:�k, d,010010t' flit'. �%O(k Ml—%'
directly rcdotc:d to ihk: forfeiture procect.ling;:, c.vcn iC;( �4,.+.; iiot (lac
number. `l'hc trial court in this case thus properly exercised its discrenoo Mien
it awarded Steven some ol'the attorney fees he ilicurred in his crimimil case;
because, it fourrcl cllc,r c.' fees, were factually cow)cctcd and reasonably incurred
for the primary purpose of prevailing in the Isar (enure Case."
OPNET v. Rea! Property Known as ....... 191 Wn.2d 654, 664 (201 S)
December 18, 2018 E - 41
Fager Forfeiture case and attorneys' fees
December 5, 2018
Page 4
A copy of the State Supreme Court decision is attached to this letter.
Since Steven Fager was the prevailing party at the State Supreme Court he is entitled to
recover all the fees he was forced to incur in order to obtain that status, which means he is
entitled to recover the fees he incurred at the Court of Appeals and at the State Supreme
Court.
As a result of the State Supreme Court decision, the following attorney's fees are owed by
OPNET to Steven Fager's attorney:
Court
Amount
'Trial Court [Stevrrl
lager only)k
$2{)�), li7Q 97
Court of Appeals
$14,531-59
Suprery, Co.t.rt
'total _ _._____
$10,030.00
11234,432.56
. .
$353,0'72.09
6 Way Split -leer
Enti
Look to the attached executed Orders for these numbers. If counsel for Fager has to file any
pleadings in Superior Court in order to obtain a.jud;;'iIIcrnr R) I- II, C. above -listed amount, then
the bottom line figure will increase. Thus, these; nurl[)Cf-8 Wdy k :subject to change.
Many of the readers may have previously seen this chart, which was prepared and
disseminated by Philip Hunsucker, the Chief Civil DPA fo'r Jeffef�o 'Coiimy:
This six -way split proposed in the chart above was, to this author's understanding, informally
agreed to by the members of the OPNET I--xecutive Board when IItey snot its October 2018.
Of course, paymf ni according to this i qual split nuty only be anthoriz( cd by the legislative
bodies of the. v Lr;ouS l«cttl governments.
The proposed equal split of this expense listed above dovetails with the spirit and intent of
OPNET, which is, after all, a "multi jurisdictional drug task force" created pursuant to an
Interlocal Agreement as is authorized by Chapter 39.34 f CW, according to the Agreement
Whilc the trial court awarded both Steven and Tint Fager their attorney fees in the
amount of $295,185.64, the State Supreme Court found Tim Fager was never a claimant 'and
thus not entitled to recover attorney fees_ Thus Tim's fees, in the amount of $85,314.67, must
be deducted from what the OPNET entities must pay to counsel for Steven Fager. See
Attachment 2 to this letter_
December 18, 2018 E - 42
Fager Forfeiture case and attorneys' fees
December 5, 2018
Page 5
that created OPNET. Recital #3 of that same Agreement points out "Chapter 39.34 RCW
provides that local jurisdictions may enter into cooperative agreements for their mutual
advantage," in this case to fight narcotics trafficking on the Olympic Peninsula jointly rather
than individually, thereby providing bath strength in numbers and also economies of scale,
All relevant steps regarding the Fagers were taken in the r),imc of`017NTF'T". Throughout the
convoluted history of this matter it has been 0I 'N I :`F flwIt i vl: c1lr ,<,+c41 the 1";r, :. rs activities,
OPNET that obtained the search warraiir, ()PNF I tl,rit 1il0c1 tlic' C:lvll 1.'or eitcrrc, ..ncl OPNET
that has been the named party in the Court ol',-\Itpozw,.; ,rttci S ,imide COUt-L FLIAhcrrrrore,
the underlying Agreement calls for fins, ; {J)uri.ued through civil fur-('Clu.tre to be credited not
to any of the participating entities but inst ;id to the OPNET Drug Furul,
And since the parties to the Agreement were quito clear- flint it was not their intent "to create a.
separate lcf5al entity by vittuo cal- altering, into this Agrccnicrnt," and the Agreement allows for
cine. vol 1)c:r participating c!ritity, thc equal division of the mount OPNET owes to counsel for
Si Oven is filir, SI Melo �7md ;.tl i„ ned with the intent behind the creation of OPNET.
1( is the frrtthor's unClcsrstanclirrg that personnel of six (6) member entities participated in or
w(mm involved with lite Fagcr matter, listed here in alphabetical order:
• Cla.11am County Sheriff's Office
• Customs & Border Patrol
• Jefferson County Sheriffs Office
• fort Angeles Police Department
• SeqUiM police Department
• Washington State Patrol
Thus, the six -way split is proposed. Payment of the arnount owed would come from Clallam
County with the County then being reimbursed by the other entities. Payment of the amount
owed would be traded For a Release of all claims by the two 1~agers and their entity, DVBWC.
Since the variow,,, lq,,isiotivc; bodies of"the counties and cities must approve thisexpenditure of
public funds it i�; thi 7 liopc of this author that this letter assists the elected officials as they
deliberate about the possible end, once and for all, of the Fager matter. Do not hesitate to
contact me if you have any questions or concerns.
"I'lrercm-e various ATTACHMENTS to this letter, described and listed on the: next page.
Sirrc�orc.ly yours,
0", /'% V
David Alvarez, Clallarnoun Chief Civil DPA
December 18, 2018 E - 43
,Falter I m itIIIV t: Ii W ,w,I tit I r!w,ys' (i'L";
l'agu
1. l'lrc: &c:UA01M 0i'thC St<<c.c SL,tp-,niL (:c)mir filud September 6, 2018;
2. The decision of the trial court, Jefferson County Judge Keith Harper,
crll.ered (signed) on September 18, 2015;
3. C'lerk's Ruling (from the State Suprerne Court) Setting Award for
Attorney Fees and Expenses filed October 3, 2018;
4. Supplemental Judgment (from the State Supreme Court) filed November
15, 2018; and
5. Email dated November 27, 2018 from Jefferson County Chief Civil DPA
Philip Hunsucker working out the details of the proposed six -way split.
December 18, 2018 E - 44
POR-T-ANGELES
� rs
lww� WASH I N G T O N, U,S,
Date: December 18, 2018
To: City Council
CITY COUNCIL
MEMO
From: Nathan West, City Manager
Sarina Carrizosa, Acting Finance Director
Subject: 2018 Budget Amendment #3
Summary: The 2018 Budget is being amended for the third and final time to adjust several funds to
reflect changes in revenues and expenditures that have occurred during the final months of the year. This
is the second reading of the ordinance. Since the first reading there have been no changes made to the
amendment. As this budget amendment includes new revenues, as well as an authorization to use funds
from reserves, the ordinance must be approved by a super -majority of the entire Council or at least five
(5) affirmative votes.
Funding: The 3rd amendment to the 2018 Budget is balanced at $122,063,000.
Recommendation: It is recommended the City Council should:
1. Conduct the second reading of the 2018 Budget amendment #3 ordinance and adopt the
ordinance.
Background / Analysis:
The 3rd Amendment will "clean up" a variety of changes to City revenues and expenditures, including
carrying over projects to 2019, increasing expenditures to complete projects, and other miscellaneous
budgetary changes and corrections. Most of these changes have already been approved by Council.
With this amendment, the projected year-end unassigned fund balance in the General Fund is estimated to
be $20,124,700, or 25.45%. This is the second reading of the ordinance. There have been no changes
made to the amendment since the first reading. Some of the individual actions require funding to come
from reserves (money unspent at the end of the fiscal year automatically rolls into reserves/fund balance),
approval of the ordinance will require a super majority of the entire Council, or five (5) affirmative votes.
Attached is a detailed list of proposed budget changes, the budget amendment ordinance, along with
Exhibit A which lists total revenues and expenditures by fund for the 2018 Budget amendment 42 and
proposed amendment #3.
Tonight's meeting will include a second reading of the budget amendment #3 ordinance, with Staff
recommending adoption. If you have any questions or concerns, please contact me at your convenience.
December 18, 2018 G - 1
Funding Overview:
The 3rd amendment to the 2018 Budget is balanced at $122,063,000.
Affached: List of proposed budget changes.
2018 Budget Ordinance — Amendment 43.
Exhibit A.
December 18, 2018 G - 2
BUDGET AMENDMENT ITEM Revenues Expenditure Account Notes
Reimbursable Overtime- Patrol
600 101.1430.597.5999
1,300 001.5022.521.1011
Reimbursable Overtime
Reimbursable Overtime- Investigations
-
1,500 001.5021.521.1011
Reimbursable Overtime
Reimbursable Overtime- Patrol - County Fair
1,300
- 001.5022.342.1011
Reimbursable Overtime
Reimbursable Overtime- Investigations - Dept of Homeland '
1,500
- 001.5022.333.9706
Reimbursable Overtime
WASPC Grant for Mental Health - Patrol Overtime
-
12,800 001.5022.521.1011
WASPC Grant
WASPC Grant for Mental Health - Investigation Overtime
25,000 356,300
4,000 001.5021.521.1011
WASPC Grant
WASPC Grant for Mental Health - Professional Services VIM(
-
28,600 001.5022.521.4150
WASPC Grant
WASPC Grant for Mental Health
45,400
- 001.5022.334.0110
WASPC Grant
Mary P. Dolcion Halloran Foundation Grant for K9
15,000
- 001.5022.367.1100
K9 Grant
Mary P. Dolcion Halloran Foundation Grant for K9
-
15,000 001.5022.521.4980
K9 Grant
LTAX Reimbursement for Overtime for Big Hurt Race
600
- 001.5022.397.1099
Reimbursable Overtime
LTAX Reimbursement for Overtime for Big Hurt Race
-
600 001.5022.521.1011
Reimbursable Overtime
Longevity Correction- Police
79,000 001.502X.521.1001
Correction
OPNETJudgement
50,000 001.5022.521.4150
Settlement
Blighted Properties Transfer to Code Enforcement fund
50,000 001.2091.597.5999
Approved by Council
Restructure Records Management to IT fund
(85,100) 001.1289.514.1001
IT Restructure
Allocation change for IT restructure
-
29,000 001.2020.514.4180
IT Restructure
Revenue increase due to excess utility revenues- Trans. Stoti
150,000
- 001.2001.316.4050
Increased revenues
TOTAL GENERAL FUND
213,800
186,700
Transfer to General Fund for Police OT for Big Hurt Race
600 101.1430.597.5999
Transfer for Overtime
Increase Marketing Expenses due to excess revenues
30,000 101.1430.557.4150
Approved by Council
Event Grants carried over from 2017
31,800 101.1430.557.4150
Carried from 2017
TOTAL LODGING TAX FUND
62,400
10th Street Construction
Modifications to Computer Aided Dispatch (CAD) platform - 7,300 107.5160.594.6510 Capital project
Capital reimbursement for CAD platform 7,300 107.5160.313.1010 Capital project
TOTAL PENCOM FUND 7,300 7,300
Transfer from General Fund for Blighted Properties 50,000 - 175.3059.397.1099 Approved by Council
Blighted Properties Expenses - 50,000 175.3059.559.4150 Approved by Council
TOTAL CODE COMPLIANCE FUND 50,000 50,000
Professional Services Contract with PADA 3,000 165.4078.558.4150 Contract expenses
TOTAL BUSINESS IMPROVEMENT FUND 3,000
FDO415
- Turnout Gear
25,000 -
310.5950.331.9704
Council Approved
FDO115
- Generator
- 2,200
310.5950.594.6510
Carried from 2017
TR1100 -
10th Street Construction
200,000
310.7930.595.6510
Council Approved
FDO415
- Turnout Gear
- 154,100
310.7930.595.6510
Council Approved
TOTAL CAPITAL IMPROVEMENT FUND
25,000 356,300
TRO118 -
8th Street Bridge Barriers
(5,000) 312.7930.595.6510
Project under budget
TRO416 -
Green Alleys - 1st, 2nd, Valley and Oak
5,000 312.7930.595.6510
Re -prioritized savings
TRO114 -
Hill Street ODT Development
20,000 312.7930.595.6510
Carried from 2017
TR0101 -
Laurel Street Stairs
(25,000) 312.7930.595.6510
Deferred to 2019
TOTAL TRANSPORTATION BENEFIT DISTRICT FUND
(5,000)
CL0316 - Underground Cable project transfer 4,000 401.7180.597.5881 Transfer for project
Allocation changes due to IT Restructure 18,200 401.7180.533.4180 IT Restructure
TOTAL ELECTRIC FUND 22,200
Allocation changes due to IT Restructure -
10,600 402.7380.534.4180
IT Restructure
Revenues for Elwho mitigation 6,650,000
- 402.7382.331.1591
Industrial Water Budget
Personnel costs for Industrial Water Facility -
1,500 402.7382.534.10XX
Industrial Water Budget
Supplies and minor equipment for Industrial Water facility
70,200 402.7382.534.3XXX
Industrial Water Budget
Professional Services, Travel & Training for Industrial Water -
204,000 402.7382.534.4XXX
Industrial Water Budget
TOTAL WATER FUND 6,650,000
286,300
Sewer Main Repairs - Francis and Race streets 150,000 403.7480.535.4810 Emergency Repair
Allocation changes due to IT Restructure 11,700 403.7480.535.4180 IT Restructure
TOTAL WASTEWATER FUND 161,700
December 18, 2018 G - 3
BUDGET AMENDMENT ITEM
Revenues Expenditure Account
Notes
Allocation changes due to IT Restructure
8,900 404.75XX.537.4180
IT Restructure
Increased taxes due to excess revenue - Transfer Station
- 150,000 404.7538.537.4400
Taxes on increased revenues
Increase revenue collection - Transfer Station
177,800 - 404.7538.343.7013
Increased revenues
Overtime increase due to project costs
- 27,800 404.7538.537.1011
Overtime increase
TOTAL SOLID WASTE FUND
177,800 186,700
TOTAL MEDIC 1 FUND
Allocation changes due to IT Restructure 4,600 406.7412.538.4180 IT Restructure
TOTAL STORM WATER FUND 4,600
Allocation changes due to IT Restructure
900 421.7121.533.4180
IT Restructure
TOTAL CONSERVATION FUND
900
Re -prioritized savings
TOTAL WASTEWATER CAPITAL FUND
IT Restructure
GEMT Revenues
8,800 - 409.6025.332.9340
GEMT Revenue
GEMT Fee
- 1,300 409.6025.526.4150
GEMT Fee
Allocation changes due to IT Restructure
- 1,200 409.6025.526.4180
IT Restructure
TOTAL MEDIC 1 FUND
8,800 1,200
Settled claim
CL0316 - Underground Cable project transfer 4,000 - 451.9998.397.1081 Additional transfer
CL0316 - Underground Cable project - 4,000 451.7188.594.6510 Additional project expenses
TOTAL ELECTRIC CAPITAL FUND 4,000 4,000
WT0618 - Craig Ave. Watermain (21,500) 452.7388.594.6510 Council Approved
TOTAL WATER CAPITAL FUND (21,500)
WWO118 - Marine Drive Sewer Repair - Phase 11
(23,000) 453.7488.594.6510
Project under Budget
WW1218 - 10th Street Sewer
23,000 453.7488.594.6510
Re -prioritized savings
TOTAL WASTEWATER CAPITAL FUND
IT Restructure
IT0918 - Network Segmentation
- 29,000
502.2082.594.6510
SWO112 - Decant Facility at Transfer Station
(103,500) 454.7588.594.6510
Council Approved
SW0217 - Landfill Flare
103,500 454.7588.594.6510
Council Approved
TOTAL SOLID WASTE CAPITAL FUND
503.1671.365.9015
Settled claim
TOTAL SELF INSURANCE FUND
50,000 325,000
DR0218 - Craig Avenue Stormwater
21,500 456.7688.594.6510
Council Approved
DR0213 - H Street Stormwater Outfall
(175,000) 456.7688.594.6510
Deferred to 2019
TOTAL STORMWATER CAPITAL FUND
(153,500)
Fuel Line Suction Line Replacement 3,200 501.7630.594.6410 Council Approved
TOTAL EQUIPMENT SERVICES FUND 3,200
Restructure Records Management to IT fund
- 85,100
502.2081.518.1001
IT Restructure
Allocation changes due to Restructure
85,100 -
502.2081.348.8000
IT Restructure
IT0918 - Network Segmentation
- 29,000
502.2082.594.6510
Council Approved
IT0217 - SCA DA Servers
- (90,000)
502.2082.594.6510
Deferred to 2019
TOTAL INFORMATION TECHNOLOGY FUND
85,100 24,100
503.1671.365.9015
Settled claim
Workers Compensation Claims
100,000
503.1661.365.9012
Increased Expenses
LiabilityCloims/settlements
108,000
503.1671.517.4150
Settled claims
Insurance
17,000
503.1671.517.4610
Increased Expenses
Adjustments for L& 1 increases
- 100,000
503.1661.517.4950
Increased Expenses
Liability Settlement - Light Ops
50,000 -
503.1671.365.9015
Settled claim
TOTAL SELF INSURANCE FUND
50,000 325,000
Personnel costs 32,000 602.6221.517.1002 Increased Expenses
Long-term Care costs 90,000 602.6221.517.4635 Increased Expenses
TOTAL FIREMAN'S PENSION FUND 122,000
December 18, 2018 G - 4
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington amending
the 2018 budget and funds.
WHEREAS, the Annual Budget of the City of Port Angeles for the year 2018, was
adopted, approved and confirmed on December 5, 2017, in Ordinance 3595, in the manner
provided by law.
WHEREAS, the first 2018 budget amendment was adopted, approved and confirmed
by Ordinance No. 3605 by Council on April 3, 2018.
WHEREAS, the second budget amendment was adopted, approved and confirmed by
Ordinance No. 3607 by Council on August 21, 2018.
WHEREAS, now there exists an emergency that could not reasonably have been
foreseen when the 2018 budget was adopted.
WHEREAS, the facts constituting the emergency include, but are not limited to:
Unanticipated additional revenue;
Unanticipated additional expenditures primarily for changes in planned
capital expenditures as previously authorized by Council;
WHEREAS, these facts require amendments to the adopted budget in order to meet
the expenses of government of the City for the fiscal year ending December 31, 2018.
NOW, THEREFORE, the City Council of the City of Port Angeles, Washington, do
ordain as follows:
de
December 18, 2018 G - 5
Section 1. Pursuant to RCW 35A.33.090, the City Council declares that an
emergency exists.
Section 2. The 2018 budget appropriation for each separate fund as set forth in
Ordinance 3595, is amended as shown in the attached Exhibit A.
Section 3. The City Clerk and the codifiers of this ordinance are authorized to
correct scrivener's errors, references, ordinance numbering, section and subsection numbers
and any references thereto.
Section 4. This Ordinance exercises authority granted exclusively to the City
Council and is not subject to referendum. It shall be in force and take effect 5 (five) days
after publication according to law.
PASSED by the City Council of the City of Port Angeles by a vote of one more than
the majority of all members of the legislative body at a regular meeting of said Council on the
day of December, 2018.
Sissi Bruch, Mayor
ATTEST: APPROVED AS TO FORM:
Kari Martinez -Bailey, City Clerk
PUBLISHED:
By Summary
William E. Bloor, City Attorney
IPA
December 18, 2018 G - 6
CITY of PORT ANGELES
2018 Budget Ordinance - Amendment #3
Exhibit A
Funds
Fund jDiv. IName / Description
GENERAL FUND (Note: Divisional totals for reference only)
101
Lodging Excise Tax Fund
102
Fund Balance:
105
001.
1160
City Council
160
001.
1210
City Manager
172
001.
1211
Customer Commitment
0
001.
1220
Human Resources
917,700
001.
1230
City Clerk
52,000
001.
1289
Records Management
52,000
001.
1390
Community Service
840,500
001.
2001
Finance - Revenue
258,600
001.
2020
Finance Administration
580,500
001.
2023
Accounting
977,100
001.
2025
Customer Service
12,100
001.
2080
Reprographics
9,000
001.
2091
Non -Departmental
1,086,900
001.
2099
General Unspecified
39,900
001.
3010
City Attorney
102,600
001.
3012
Jail Contributions
50,000
001.
4010
Planning
1,859,800
001.
4020
Building
26,500
001.
4071
Economic Development
156,600
001.
5010
Police Administration
1,722,600
001.
5012
PenCom/Capital Transfers
27,600
001.
5021
Police Investigation
105,100
001.
5022
Police Patrol
19,934,700 5,098,714
001.
5026
Police Reserves & Volunteers
001.
5029
Police Records
001.
5050
Police Facilities Maintenance
935,600 1,859,800
001.
6010
Fire Administration
001.
6012
PenCom/Medic 1 Support
001.
6020
Fire Suppression
48,700 156,600
001.
6021
Fire Volunteers
001.
6022
Special Operations
001.
6030
Fire Prevention
0 27,600
001.
6040
Fire Training
001.
6050
Fire Facilities Maintenance
001.
6060
Fire Emergency Management
19,483,900 20,124,700
001.
7010
Public Works Administration
001.
7012
Public Works CIP
001.
7032
Public Works Telecommunications
001.
8010
Parks Administration
001.
8012
Senior Center
001.
8050
Ocean View Cemetery
001.
8080
Park Facilities
001.
8090
Marine Life Center
001.
8112
Senior Center Facilities
001.
8131
Central Services Facilities
001.
8155
Facility Rentals
001.
18221
1 Sports Programs
001
TOTAL General Fund
SF
ECTAL REVENUE FUNDS
101
Lodging Excise Tax Fund
102
Street Fund
105
Real Estate Excise Tax-1(REET-1) Fund
107
PenCom Fund
160
Real Estate Excise Tax -2 (REET-2) Fund
165
Business Improvement Area
172
Port Angeles Housing Rehab. Fund
175 1
1 Code Compliance Enforcement
TOTAL Special Revenue Funds
2018 Budget Amendment #2
Beginning
I Revenue
I Expendituresl
Ending
Balance
I
I
I Balance
5,763,314
5,098,714
47,600
73,200
209,700
349,800
1,900
3,000
125,900
192,900
65,200
178,100
80,300
102,500
0
12,000
13,075,000
0
319,900
872,700
666,500
917,700
1,047,500
1,050,200
37,500
52,000
0
42,200
0
52,000
333,000
517,400
0
840,500
288,500
540,900
336,000
258,600
120,000
178,300
0
580,500
260,900
367,300
6,000
977,100
316,200
3,144,000
0
12,100
22,300
461,900
4,300
9,000
94,500
181,800
0
1,086,900
0
1,294,800
8,400
39,900
0
3,000
5,500
102,600
6,000
71,200
0
50,000
0
3,000
935,600
1,859,800
0
72,700
26,000
26,500
0
252,800
48,700
156,600
139,000
175,300
20,000
1,722,600
0
5,600
0
27,600
362,700
705,600
87,500
105,100
172,000
205,400
5,763,314 19,270,100
19,934,700 5,098,714
558,532
578,600
897,700
239,432
46 9, 56 2
1,564,000
1,888,500
145,062
659,114
196,400
363,000
492,514
864,149
2,839,000
2,860,300
842,849
577,472
195,000
168,000
604,472
35,843
36,000
45,000
26,843
424,886
0
1,048,600
0
1,230,000
0
243,486
0
3,589,558
6,457,600
7,452,500
2,594,658
2018 Budget Amendment #3
Beginning
I Revenue
lExpendituresl
Ending
Balance
I
I
I Balance
5,763,314
578,600 960,100
5,122,514
46 9, 56 2
47,600 73,200
145,062
659,114
209,700 349,800
492,514
864,149
1,900 3,000
842,849
577,472
125,900 192,900
604,472
35,843
65,200 178,100
23,843
424,886
0
80,300 20,700
243,486
0
3,589,558
0 12,000
2,529,258
13, 225, 000 0
319,900 901,700
666,500 917,700
1,047,500 1,050,200
37,500 52,000
0 92,200
0 52,000
333,000 517,400
0 840,500
288,500 540,900
336,000 258,600
120,000 178,300
0 580,500
260,900 367,300
6,000 1,009,000
380,000 3,304,900
0 12,100
22,300 461,900
4,300 9,000
94,500 181,800
0 1,086,900
0 1,294,800
8,400 39,900
0 3,000
5,500 102,600
6,000 71,200
0 50,000
0 3,000
935,600 1,859,800
0 72,700
26,000 26,500
0 252,800
48,700 156,600
139,000 175,300
20,000 1,722,600
0 5,600
0 27,600
362,700 705,600
87,500 105,100
172,000 205,400
5,763,314
19,483,900 20,124,700
5,122,514
558,532
578,600 960,100
177,032
46 9, 56 2
1,564,000 1,888,500
145,062
659,114
196,400 363,000
492,514
864,149
2,846,300 2,867,600
842,849
577,472
195,000 168,000
604,472
35,843
36,000 48,000
23,843
424,886
0
1,048,600 1,230,000
50,000 50,000
243,486
0
3,589,558
6,514,900 7,575,200
2,529,258
December 18, 2018 G - 7
C
C
CITY of PORT ANGELES
2018 Budget Ordinance - Amendment #3
Exhibit A
Funds
Fund jDiv. IName / Description
:BT SERVICE FUNDS
215
Electric Utility Fund
2006 LTGO Bond (Prop. Acquisition) Fund
216
403
2014 LTGO Bond (Landfill Bluff Stabilization) Fund
217
Solid Waste Utility Fund
2015 LTGO Bond - Refunding (W.U.G.A.)
TOTAL Debt Service Funds
ITERPRISE / UTILITY FUNDS
401
Electric Utility Fund
402
Water Utility Fund
403
Wastewater Utility Fund
404
Solid Waste Utility Fund
406
Stormwater Utility Fund
409
Medic 1 Utility Fund
413
Harbor Clean-up Fund
421 1
Iconservation Fund
TOTAL Enterprise / Utility Funds
ITERPRISE / INTERNAL SERVICE FUNDS
501
I Revenue
Equipment Services
502
Balance
Information Technology
503
I Balance
Self -Insurance
TOTAL Internal Service Funds
2018 Budget Amendment f#2
Beginning
I Revenue
lExpendituresl
Ending
Balance
I
I
I Balance
607,656 64,600
87,000
585,256
162,153 345,700
344,200
163,653
10,873 233,900
233,500
11,273
780,682 644,200
664,700
760,182
9,937,602
24,024,400
24,105,000
9,857,002
7,641,737
6,875,200
7,242,100
7,274,837
1,337,520
6,965,300
6,820,300
1,482,520
3,595,670
11,254,700
10,960,600
3,889,770
1,017,024
2,126,600
2,126,600
1,017,024
206,465
2,791,600
2,822,800
175,265
(51,489)
4,053,000
4,147,800
(146,289)
1,209,036
835,900
1,004,000
1,040,936
24,893,565
58,926,700
59,229,200
24,591,065
4,258,517
1,835,500
2,534,600
3,559,417
1,242,101
2,018,100
2,304,300
955,901
1,180,644
5,536,900
5,536,900
1,180,644
6,681,262
9,390,500
10,375,800
5,695,962
2018 Budget Amendment f#3
Beginning
I Revenue
lExpendituresl
Ending
Balance
I
I
I Balance
607,656
64,600 87,000
585,256
162,153
345,700 344,200
163,653
10,873
233,900 233,500
11,273
780,682
644,200 664,700
760,182
9,937,602
24,024,400 24,127,200
9,834,802
7,641,737
13,525,200 7,531,300
13,635,637
1,337,520
6,965,300 6,982,000
1,320,820
3,595,670
11,432,500 11,147,300
3,880,870
1,017,024
2,126,600 2,131,200
1,012,424
206,465
2,800,400 2,825,300
181,565
(51,489)
4,053,000 4,147,800
(146,289)
1,209,036
835,900 1,004,900
1,040,036
24,893,565
65,763,300 59,897,000
30,759,865
4,258,517
1,835,500 2,537,800
3,556,217
1,242,101
2,103,200 2,328,400
1,016,901
1,180,644
5,686,900 5,761,900
1,105,644
6,681,262
9,625,600 10,628,100
5,678,762
FIDUCIARY FUNDS
602 1 1 Firemen's Pension Fund 404,481 23,900 62,600 365,781 404,481 23,900 184,600 243,781
TOTAL Fiduciary Funds 404,481 23,900 62,600 365,781 404,481 23,900 184,600 243,781
PERMANENT FUNDS
601 1 1 Cemetery Endowment Fund 396,404 4,000 0 400,404 396,404 4,000 0 400,404
TOTAL Permanent Funds 396,404 4,000 0 400,404 396,404 4,000 0 400,404
C
&ITAL FUNDS
310
1,752,600
Governmental Capital Improvement Fund
312
6,516,400
Transportation Capital
316
247,630
Governmental Park Improvement Fund
451
254,430
Electric Capital Fund
452
900,000
Water Capital Fund
453
596,000
Wastewater Capital Fund
454
3,696,097
Solid Waste Capital Fund
456
3,264,097
Stormwater Capital Fund
463
1
1 Combined Sewer Overflow Capital Fund
TOTAL Capital Funds
2,243,788
775,300
1,752,600
1,266,488
0
6,516,400
4,989,700
1,526,700
247,630
6,800
0
254,430
4,803,264
1,073,700
900,000
4,976,964
3,748,201
596,000
1,582,000
2,762,201
3,696,097
600,000
1,032,000
3,264,097
2,542,649
843,200
1,008,500
2,377,349
1,668,305
855,000
717,000
1,806,305
2,071,099 1
2,301,900
2,328,400
2,044,599
21,021,033 1
13,568,300
14,310,200
20,279,133
2,243,788
800,300 2,291,400
752,688
0
6,516,400 4,984,700
1,531,700
247,630
6,800 0
254,430
4,803,264
1,077,700 904,000
4,976,964
3,748,201
596,000 1,560,500
2,783,701
3,696,097
600,000 1,032,000
3,264,097
2,542,649
843,200 1,008,500
2,377,349
1,668,305
855,000 563,500
1,959,805
2,071,099
2,301,900 2,328,400
2,044,599
21,021,033
13,597,300 14,673,000
19,945,333
SUB -TOTAL ALL FUNDS 63,530,299 1108,285,300 112,029, 1 63,530,299 115,657,100 1113,747,300 65,440,099
Reserves - Designated 2,317,200 1 8,315,700
Reserves Used 6,061,600 6,405,900
TOTAL CITYWIDE ALL FUNDS 63,530,299 1114,346,900 114,346,900 59,785,899 1 63,530,299 122,063,000 122,063,000 65,440,099
December 18, 2018 G - 8
GELES
DATE: December 18, 2018
To: City Council
FROM: NATHAN WEST, CITYMANAGER
WILLIAM BLOOR, CITYATTORNEY
.TAMES BURKE, PUBLIC WORKS DIRECTOR
SUBJECT: WAVE Television Cable Franchise
Summary: The existing franchise to operate a cable television system inside the City was
granted in 2002. It was subsequently assigned to Wave Division III, LLC (Wave). The franchise
was due to expire late in 2017. The City agreed to extend the expiration. The City and Wave
have been negotiating to develop a new franchise agreement and to settle several claims that
arose from the current franchise. Wave and the City have now come to an agreement.
Funding: N/A
Recommendation:
1. Authorize the City Manager to approve and execute the attached Franchise Agreement
between The City of Port Angeles and Wave Division III LLC, and make minor changes
if required;
2. Conduct the first reading of the ordinance that adopts and approves the Franchise
Agreement, waive the second reading, and adopt the ordinance;
3. Approve and authorize the City Manager to execute the Settlement, Compromise and
Mutual Release of Claims and make minor changes if required.
Background/Analysis: By Ordinance No. 3116, passed May 21, 2002, the City Council granted
to Northland Cable Television, Inc., a non-exclusive franchise to operate a cable television system
within the City of Port Angeles. The term of the Franchise was 15 years. The franchise was
subsequently transferred to Wave Division III, LLC.
When a company, such as Wave, has an existing cable television franchise, federal law grants to
that company a right to request renewal or extension of that franchise. Federal law also specifies
alternative procedures, one formal procedure and one informal procedure, which guide the steps
of the renewal process. If the federal law process is invoked by the company then the company
December 18, 2018 G - 9
and the city must follow the federal procedures. Even in circumstances where relations between
the city and the franchise holder are good, the renewal process required by federal law will require
three years. Another factor that could not be ignored is that, as a result of political pressure and
years of lobbying, the federal franchise renewal process and regulations heavily favor television
cable companies to the disadvantage of local municipalities.
The renewal process under the Cable Act is a four -stage process. In the first stage, the City must
conduct a proceeding to identify current and future cable -related needs and interests of the
community, and to review the past performance of the cable operator serving the community.
Once that proceeding is complete, the City may enter an "informal" negotiating process with the
cable operator or issue a request for renewal proposals ("RFRP"). If the City and the cable operator
follow the "informal" process, negotiations can proceed until the parties either reach agreement on
the terms and conditions of a renewed franchise agreement or reach an impasse.
Recognizing these facts, the City began in 2013 preparing for the franchise renewal process. The
City first prepared an RFQ, seeking a well-qualified consultant who could assist the City through
the renewal process. As a result, the City in 2014 hired Lee Afferbach, (Columbia
Telecommunication Corporation) who performed a cable television technical report of the existing
system in Port Angeles. With that report in hand, the City then hired Sue Buske (The Buske
Group) to help the City through the remainder of the franchise renewal process.
A public process was undertaken to identify current and future cable -related needs and interests of
the community and to review the past performance of the Wave. The Buske Group and City staff
conducted a series of three (3) community focus group meetings, distributed a survey at the focus
groups, and conducted an on-line survey. Simultaneously, City staff with input from the consultant
conducted a performance review to determine if Wave had complied with the terms and conditions
of its expiring franchise. Based upon the information gathered through the needs assessment and
performance review the City proceeded to begin the negotiation process with Wave. The process
has continued up to last week, when negotiators for the City and Wave reached agreement on a
new franchise agreement to present to City Council for approval and adoption.
SUMMARY OF KEY TERMS AND CONDITIONS OF THE RENEWAL FRANCHISE
AGREEMENT
Before specifically describing the key terms of the proposed new franchise, it is important to first
point out several critical aspects of the agreement that ensure future needs will be met. They
include provisions that require Wave to: (1) provide and maintain the cable plant with a capacity
of 750 MHz; (2) provide Port Angeles subscribers with a cable system that complies with all
applicable FCC technical standards; (3) comply with improved customer service standards that
exceed the 30 year old FCC customer service standards ; and (4) provide notice to the City when
it undertakes a major rebuild of the system, to permit the City to receive a project plan, maps of
the affected area(s), and other facts necessary to assure that the needs and interests of the
community are addressed. The City retains the right to: (1) conduct reviews of Wave's
performance under the franchise, including but not limited to programming, customer service, and
Wave's general response to community needs; and (2) inspect Wave's books and records.
December 18, 2018 G - 10
The following is a summary of some of the key points contained in the proposed Franchise
Agreement.
Franchise Term. 10 years.
Franchise Fee. 5% of gross revenues under updated definition of gross revenues.
Franchise Service Area. Wave shall serve all areas of the City as they exist today and any areas
of annexation that occur during the term of the Franchise.
PEG Access Equipment, Facilities, and/or Support. Wave to provide the following:
• 1% of gross revenues on a quarterly basis for support of local PEG access.
• Ability to originate live programming from three locations.
Performance Guarantees.
• $250,000 performance bond.
• Indemnification language.
Complimentary cable drops. Wave shall continue to provide a complimentary cable drop,
installation of that drop, necessary equipment (e.g. converter), and subscription to the local
broadcast tier of service to nine identified City and School locations.
Interconnection. Wave shall interconnect its system, under certain terms, with any other cable
system that serves the City.
Promotion. Wave shall provide free of charge to the City and its designated PEG access provider
(currently Port Angeles Public Access Corporation) ("PAPA") with information about and
introduction to its service provider(s), so that detailed programming information for each PEG
access channel can be included on Wave's interactive on-screen program listings and displayed in
the same manner as other channels on the cable system.
PEG Access Channels.
• Wave shall continue to provide one (1) downstream PEG access channels to cable
subscribers in Port Angeles.
• Following the third anniversary of this Franchise, Wave shall provide one (1) additional
PEG access channels in high definition ("HD") format.
• All PEG access channels on the cable system shall be transmitted in an HD format or any
commercially available format that the City or PAPA provides to Wave.
December 18, 2018 G - 11
PEG Access Link. Wave shall provide and maintain the PEG access program origination link at
no cost to the City and PAPA.
Emergency Alert. Wave shall install and maintain an Emergency Alert System ("EAS") that
complies with the EAS requirements of the FCC and federal law, to enable the distribution of
required emergency messages over the cable system.
Compliance with Cable Communication Ordinance. Wave agrees to comply with the revised
City Code Title Chapter 11.14 ("Telecommunications Facilities within the Rights of Way"), and
all generally applicable ordinances and regulations of the City.
PEG Access and In -Kind Commitments. Wave agrees that the support of PEG Access and other
in-kind commitments contained in the franchise shall not now or at any time in the future be
deemed Franchise fees.
Settlement, Compromise, and Mutual Release. Also presented for approval by the City Council
is a Settlement, Compromise and Mutual Release of existing claims. This settlement relates to
claims arising under the existing franchise. As part of the renewal process, the City conducted a
review and audit of performance of Wave under the existing franchise. This audit concluded that
Wave had under -paid certain franchise fee and had violated several other sections of the existing
franchise. Wave denies this conclusion and asserts the audit findings are based on improper
assumptions. In the end, the parties agreed to a single lump -sum payment and the assurance by
Wave that the PEG Access and other in-kind commitments contained in the New Franchise were
in addition to the 5% Franchise Fees stated in the Franchise as compromise and settle of all disputes
that were or could have been made based on the 2002 franchise.
The Franchise and the Settlement agreement are the products of lengthy and meticulous
deliberation and analysis. The analysis included consideration of additional proposed federal
regulations announced on September 25 this year that carried the potential to further restrict the
options of cities in dealing with franchise renewals. As a result of all these factors, City staff and
Sue Buske recommend adoption of these documents.
December 18, 2018 G - 12
FRANCHISE AGREEMENT
BETWEEN
THE CITY OF PORT ANGELES
AND
WAVE DIVISION III LLC.
December 18, 2018 G - 13
TABLE OF CONTENTS
(Table of Contents page numbers are subject to change.) PAGE
SECTION 1. GRANT OF FRANCHISE------------------------------------------------------------------------1-3
Cable System Design and Functionality -----------------------------------------------------------6
1.1
Grant-----------------------------------------------------------------------------------------------------1
Interconnection.-----------------------------------------------------------------------------------------8
1.2
Term-----------------------------------------------------------------------------------------------------1
Reserved--------------------------------------------------------------------------------------------------8
1.3
Effective Date--------------------------------------------------------------------------------------------1
Cable System Upgrade--------------------------------------------------------------------------------8
1.4
Franchise Area------------------------------------------------------------------------------------------1
Performance Testing-----------------------------------------------------------------------------------8
1.5
Effect of Acceptance-----------------------------------------------------------------------------------1
System Inspections-------------------------------------------------------------------------------------9
1.6
Rights Reserved-----------------------------------------------------------------------------------------1
Other Construction Procedures----------------------------------------------------------------------9
1.7
Franchisee Compliance-------------------------------------------------------------------------------1
System Maintenance-----------------------------------------------------------------------------------9
1.8
Affiliates Must Comply---------------------------------------------------------------------------------2
System Performance-----------------------------------------------------------------------------------9
1.9
Legal Qualifications-------------------------------------------------------------------------------------2
Future System Upgrades/Rebuilds-----------------------------------------------------------------10
1.10
Competitive Equity--------------------------------------------------------------------------------------2
Service Availability--------------------------------------------------------------------------------------10
SECTION 2. SHORT TITLE AND DEFINITIONS ------------------------------------------------------------3-4
SECTION 3. FRANCHISE- LIMITATIONS------------------------------------------------------------------4-5
SECTION 4. NON-EXCLUSIVE FRANCHISE AND COMPETITION ENCOURAGED ------------5
SECTION 5. NO WAIVER-----------------------------------------------------------------------------------------5
SECTION 6. CUSTOMER PROTECTION---------------------------------------------------------------------5-6
6.1 Customer Protection------------------------------------------------------------------------------------5
6.2 Privacy-----------------------------------------------------------------------------------------------------5
6.3 Maintenance and Complaints------------------------------------------------------------------------5
6.4 Non -Discrimination and Equal Employment Opportunity --------------------------------------6
6.5 Parental Control Device-------------------------------------------------------------------------------6
SECTION 7. SYSTEM FACILITIES, EQUIPMENT, AND SERVICES ----------------------------------6-14
7.1
Cable System Design and Functionality -----------------------------------------------------------6
7.2
Interconnection.-----------------------------------------------------------------------------------------8
7.3
Reserved--------------------------------------------------------------------------------------------------8
7.4
Cable System Upgrade--------------------------------------------------------------------------------8
7.5
Performance Testing-----------------------------------------------------------------------------------8
7.6
System Inspections-------------------------------------------------------------------------------------9
7.7
Other Construction Procedures----------------------------------------------------------------------9
7.8
System Maintenance-----------------------------------------------------------------------------------9
7.9
System Performance-----------------------------------------------------------------------------------9
7.10
Future System Upgrades/Rebuilds-----------------------------------------------------------------10
7.11
Service Availability--------------------------------------------------------------------------------------10
7.12
Public, Educational and Governmental Use ------------------------------------------------------11
A. Designated Access Provider..................................................................................11
B. PEG Access Channel Capacity.............................................................................11
C. Requirements Regarding Rules and Procedures for Use of PEG Access Channels ...11
D. PEG Channel Promotion.......................................................................................11
E. PEG Channel Locations........................................................................................12
F. PEG Access Grants and Support for PEG Channels.............................................12
G. Complimentary Cable Drops and Cable Service for Public Buildings .....................
13
H. General.................................................................................................................13
December 18, 2018 G - 14
SECTION 7. SYSTEM FACILITIES, EQUIPMENT, AND SERVICES (Cont'd)
7.13 No City Control -----------------------------------------------------------------------------------
7.14 Emergency Alert System -----------------------------------------------------------------------
SECTION 8 CONSTRUCTION STANDARDS -------------------------------------------------------
SECTION 9. RATE REGULATION
SECTION 10. FRANCHISE FEES
SECTION 11. PROTECTION OF CITYAND ENFORCEMENT --
PERFORMANCE BOND ---------------------------------
SECTION 12. PROTECTION OF CITYAND ENFORCEMENT —
APPROVAL OF SURETIES: RELATION TO OTHER REMEDIES
SECTION 13. TERMINATION, REVOCATION, FORFEITURE -------------------------------------------17-18
SECTION 14. REMEDIES-- LIQUIDATED DAMAGES -----------------------------------------------------18
SECTION 15. REMEDIES — CUMULATIVE--------------------------------------------------------------------19
SECTION 16. REMEDIES -- CONTINUITY OF SERVICE
SECTION 17. BOOKS AND RECORDS -- INSPECTION
SECTION 18. PERFORMANCE MONITORING ------------
SECTION 19. MISCELLANEOUS ---------------------------------
19.1 Time of Essence -----------------------------------------
19.2 Effect of Preemption; Federal and State Law -----
19.3 Force Majeure --------------------------------------------
19.4 Settlement and Release --------------------------------
19.5 Consideration for Release -----------------------------
19.6 Written Notice ---------------------------------------------
19.7 Indemnification --------------------------------------------
19.8 Benefit to City ---------------------------------------------
19.9 Third Party Right of Action ------------------------------
19.10 Washington Law Applies ------------------------------
APPENDICES
A. PEG Links
B. Complimentary Cable Drops and Service
C. Customer Service Standards
19
19-20
20
December 18, 2018 G - 15
SECTION 1. GRANT OF FRANCHISE
1.1 Grant. The City of Port Angeles, Washington (hereinafter "City") enters into this
agreement with Wave Division III, LLC. (hereinafter "Franchisee") for the provision of cable
service within its boundaries. The City hereby grants to Franchisee a non-exclusive Franchise to
operate a Cable System to provide Cable Service in the City, and to use the streets and public
ways to install, construct, repair, reconstruct, maintain in, on, over, under, upon, across and along
any street or highway, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes,
amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to
said Cable System for that purpose, subject to the terms and conditions of this agreement, and
applicable law.
1.2 Term. The Franchise granted hereby shall expire ten (10) years after its Effective Date
(as defined in Section 1.3) unless lawfully terminated in accordance with its terms or other
applicable law.
1.3 Effective Date. This Franchise shall become effective on the 31st day following its
adoption ("Effective Date"), provided that prior to that date the Franchisee: (a) accepts in writing
this Franchise; and (b) provides all documents required by the Franchise. If Franchisee has not
satisfied these conditions prior to the 31st day following its adoption, then the City may, at its
option, declare the Franchise forfeited, and of no force or effect.
1.4 Franchise Area. The Franchise area for which this Franchise is granted consists of all
areas located within the Port Angeles City limits as they are constituted on the Effective Date of
the Franchise or may in the future be constituted.
1.5 Effect of Acceptance. By accepting the Franchise, the Franchisee: (a) acknowledges
and accepts the City's legal right to issue and enforce the Franchise; (b) agrees that it will not
oppose intervention by the City in any proceeding affecting the enforcement of its rights under
this franchise; (c) accepts and agrees to all provisions contained herein; and (d) agrees that the
Franchise was granted pursuant to processes and procedures consistent with Federal and State
law, and agrees that it will not raise any claim or defense to the contrary.
1.6 Rights Reserved. The rights granted in this Franchise are subject to the City's exercise
of its police powers and nothing in this Franchise shall be read to limit the exercise of those
powers. The City, among other things, does not waive requirements of various codes,
ordinances, and resolutions, including zoning codes and codes regarding building permits and
fees, or time or manner of construction, all of which shall apply. Any generally applicable fees or
charges assessed by the City, so long as they are consistent with applicable law, shall be paid in
addition to the Franchise Fee required under this Franchise.
1.7 Franchisee Compliance and Relationship to Other Laws.
A. Franchisee's Franchise is subject to all lawful terms, conditions, and provisions of
this Franchise; of Port Angeles City Code Chapter 11.14 ("Telecommunications Facilities Within
the Rights of Way") as the same is now or hereafter amended by lawful exercise of the City's
police powers; and of the Communications Act of 1934, as amended by the Cable Consumer
Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of
1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended.
B. Franchisee's rights hereunder are subject to the lawful exercise of the City's police
power. Nothing in this Franchise shall preclude or prohibit the City from enacting any ordinance
December 18, 2018 G- 16
in the interest of public health, safety and welfare, which may impact the Franchisee in its
operation of the Cable System, as a proper exercise of the City's police power. Franchisee
acknowledges that the City may modify its regulatory policies by lawful exercise of the City's police
powers throughout the term of the Franchise.
C. Franchisee reserves all rights it may have to challenge the lawfulness of any City
Code provision or modification whether such rights arise in contract or at law. The City reserves
all its rights and defenses to such challenges whether arising in contract or at law.
D. It is the intent of both parties that each party shall enjoy all rights and be subject to
all obligations of this Franchise for the entire term of the Franchise and to the extent any provisions
have continuing effect, after its expiration. However, both parties recognize that the technology
of cable television and related technologies are in a state of flux and that regulatory conditions
and franchise rights and powers, may change drastically during the term of this Franchise. Should
such changes occur, the City and Franchisee shall negotiate in good faith to amend the Franchise
to preserve the rights and obligations of the City and Franchisee hereunder to the fullest extent
consistent with such changes.
1.8. Affiliates Must Comply. Any affiliate or joint venture or partner of the Franchisee
involved in the management or operation of the Cable System in the City that would constitute a
Cable Operator of the Cable System is subject to the limitations of and shall comply with the terms
and conditions of this Franchise. The Franchisee shall be fully liable for any act or omission of
an affiliate that controls the Franchisee or is responsible in any manner for the management of
the Cable System that results in a breach of this Agreement or a violation of the Port Angeles
Municipal Code, as if the act or omission was the Franchisee's act or omission.
1.9 Legal Qualifications. The Franchisee affirms that it meets all of the legal qualifications
set forth in PAMC Chapter 11.14.170 A.2. (f) (iv), and in 47 U.S.C. § 533.
1.10 Competitive Equity
A. The City reserves the right to grant additional franchises or similar authorizations
to provide Video Programming services via Cable Systems or similar wireline systems located in
the Right of Way. The City intends to treat wireline competitors in a nondiscriminatory manner in
keeping with Federal law. If, following the Effective Date of this Franchise, the City grants such
an additional franchise or authorization to use the Right of Way to provide such services and
Franchisee believes the City has done so on terms materially more favorable than the obligations
under this Agreement, then the provisions of this subsection 1.10 will apply.
B. As part of this Franchise, the City and Franchisee have mutually agreed upon
the following terms as a condition of granting the Franchise, which terms may place the
Franchisee at a competitive disadvantage if not required of a wireline competitor: Franchise Fees,
PEG funding, PEG Access Channels, service availability requirements, records and reports, and
customer service obligations (hereinafter "Material Obligations"). The City and Franchisee agree
that these Material Obligations bear no relationship to the technology employed by the Franchisee
or a wireline competitor and as such can reasonably be expected to be applied fairly across all
wireline competitors. The City and Franchisee further agree that this provision shall not require
a word for word identical franchise or authorization for competitive equity so long as the regulatory
and financial burdens on each entity are generally equivalent.
C. Within one hundred and eighty (180) days of City codification of a wireline
competitor's franchise or similar authorization, Franchisee must notify the City in writing of the
December 18, 2018 G- 17
Material Obligations in this Franchise that exceed the Material Obligations of the wireline
competitor's franchise or similar authorization. Within sixty (60) days of receiving such notice, the
City and the Franchisee shall meet to discuss the franchise modifications sought by the
Franchisee. The City shall have one hundred (120) days to reach agreement with the Franchisee
or dispute the claims made by the Franchisee. In the event the City disputes that the Material
Obligations are different, Franchisee may bring an action in Federal or State court for a
determination as to whether the Material Obligations are different and as to what franchise
amendments would be necessary to remedy the disparity. Alternatively, Franchisee may notify
the City that it elects to immediately commence the renewal process under 47 U.S.C. § 546 and
to have the remaining term of this Franchise shortened to not more than thirty (30) months.
D. Nothing in this subsection 1.10 is intended to alter the rights or obligations of
either party under applicable Federal or State law, and it shall only apply to the extent permitted
under applicable law and FCC orders. In no event will the City be required to refund or to offset
against future amounts due the value of benefits already received.
E. This provision does not apply if the City is ordered or required to issue a franchise
on different terms and conditions, or it is legally unable to do so; and the relief is contingent on
the new Cable Operator actually commencing provision of service in the market to its first
customer. Should the new Cable Operator fail to continuously provide service for a period of six
(6) months, the City has the right to implement this Franchise with its original terms upon one
hundred eighty (180) days' notice to Franchisee.
F. This Section does not apply to open video systems, nor does it apply to common
carrier systems exempted from franchise requirements pursuant to 47 U.S.C. § 571; or to systems
that serve less than five percent (5%) of the geographic area of the City; or to systems that only
provide video services via the public Internet.
SECTION 2. SHORT TITLE AND DEFINITIONS
2.1 This Franchise shall be known and be cited as the "City of Port Angeles and Wave
Division III, LLC Franchise Agreement." The definitions set forth in Port Angeles City Code
Chapter 11.14 ("Telecommunication Facilities Within the Rights -of Way") pertain to this Franchise
Agreement and shall be relevant to the purposes and meaning of this Franchise Agreement. In
addition, the following terms, phrases, words and their derivations have the meaning given herein.
"Cable Act" shall refer to the Cable Communications Policy Act of 1984, 47 U.S.C. §
521 et seg., as amended by the Cable Television Consumer Protection and Competition Act of
1992, the Telecommunications Act of 1996, and as it may be further amended during the term of
the Franchise.
"Cable Operator" means any person or group of persons: (a) who provides cable
service over a cable system and directly or through one or more affiliates owns a significant
interest in such cable system; or (b) who otherwise controls or is responsible for, through any
arrangement, the management and operation of such a cable system.
"City," when used to refer to a geographic area, means the City of Port Angeles, a
political subdivision of the State of Washington, in its present incorporated form or in any later
recognized, consolidated, enlarged, or reincorporated form; when used to refer to an action taken
by an entity, the term refers to the governing body of the City of Port Angeles or any entity
authorized to act on its behalf.
3
December 18, 2018 G-18
"Enabling Ordinance" or "PAMC" means the Ordinance of the City Council of the
City of Port Angeles known as Port Angeles City Code Chapter 11.14 ("Telecommunication
Facilities Within the Rights -of Way").
"Franchise Agreement" or "Franchise" shall refer to this contract between the City
and the Franchisee, entered into in accordance with the terms of the Port Angeles City Code.
"Franchisee" means Wave Division III, LLC, the entity to which this Cable Franchise
is granted by the Port Angeles City Council, and its lawful and permitted successors, assigns, and
transferees.
"Normal Business Hours" means those hours during which most similar businesses
in the community are open to serve customers. In all cases, Normal Business Hours shall include
some evening hours at least one (1) night per week and some weekend hours.
2.2 All words appearing in this Franchise that are identical to the words defined in Section
2.1 shall have the meanings set forth in Section 2.1. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number. The words "shall" and "will"
are mandatory and "may" is permissive. Words not defined herein shall be given the meanings
set forth in the Cable Act, or if not defined therein, the meaning set forth in the PAMC Section
11.14.020, and, if not defined therein, shall be given their common and ordinary meaning.
SECTION 3. FRANCHISE -- LIMITATIONS
3.1 The Franchise does not confer rights other than as provided by this Franchise
Agreement, or as mandated by Federal or State law.
3.2 No privilege or exemption is granted or conferred except those specifically prescribed
herein.
3.3 The City may delegate its authority except as prohibited by State law, except the City
Council shall have sole authority to conduct any required hearings regarding any alleged
violations of this Franchise by Franchisee, and may not delegate any authority to issue any
decision regarding such alleged violations to any other person or entity.
3.4. In addition to any immunities that the City may have under Federal or State law, and
except as otherwise required by applicable law, the Franchisee shall have no recourse against
the City for any loss, cost, expense, or damage arising out of any provision or requirement of this
Franchise Agreement or Enabling Ordinance, or because of their enforcement or non-
enforcement, except for claims arising from: (a) the City's breach of the Franchise Agreement; or
(b) the gross negligence or willful misconduct of the City or its representatives.
3.5 The Franchisee shall at all times be subject to the lawful exercise of the police power
of the City, and its other lawful authority.
3.6. This Franchise concerns the provision of Cable Services only. Nothing in this
Franchise is intended to expand or contract the City's rights to regulate non -Cable Services nor
the Franchisee's right to provide lawful services over its Cable System.
December 18, 2018 G-19
3.7 Nothing in this Franchise Agreement shall be read to create an expectancy of renewal
or to in any respect entitle the Franchisee to renewal or extension of this Franchise, except as
may be expressly required by applicable law.
3.8 Any privilege claimed under any Franchise by the Franchisee in any street or other
public property shall be subordinate to any lawful occupancy of the streets or other public property
prior to May 31, 2002, subject to the Port Angeles Municipal Code.
SECTION 4. NON-EXCLUSIVE FRANCHISE AND COMPETITION ENCOURAGED
4.1. This Franchise and the right it grants to use and occupy the public right of way is not
exclusive and does not explicitly or implicitly: (a) preclude the issuance of other franchises to
operate Cable Systems within the City; (b) affect the City's right to authorize use of the public right
of way by other persons to operate Cable Systems; or (c) affect the City's right to itself construct,
operate or maintain a Cable System.
SECTION 5. NO WAIVER
5.1 The failure of the City, upon one or more occasions, to exercise a right or to require
compliance or performance under this 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.
5.2 Waiver of a breach of this Franchise or the Enabling Ordinance is not a waiver of any
similar or different breach. Neither the granting of this Franchise nor any provision herein shall
constitute a waiver or bar to the exercise of any governmental right or power of the City, including
without limitation the right of eminent domain.
SECTION 6. CUSTOMER PROTECTION
6.1 Customer Protection. The Franchisee hereby represents and warrants that it meets
or exceeds the requirements for customer protection established by the City and attached hereto
as Appendix C. The Franchisee agrees that it shall abide by the terms and conditions therein, as
the same may be lawfully amended or supplemented from time to time and be subject to the
remedies set forth in Sections 14 through 16 of this Agreement for violations of the customer
protection standards, as amended or supplemented.
6.2 Privacy. The City and the Franchisee shall comply with applicable law regarding
subscriber privacy and the collection and use of subscriber information.
6.3 Maintenance and Complaints.
A. The Franchisee shall render efficient service, make repairs promptly, and
interrupt service only for good cause and for the shortest time possible.
B. Complaints from customers regarding cable service provided by Franchisee or
regarding Franchisee's operations under the terms of the Franchise which are made or escalated
to Franchisee's customer service center shall be logged. The Franchisee will maintain a summary
December 18, 2018 G - 20
of complaints for three (3) years. Summaries of the complaints shall be provided to the City on
req uest.
C. The Franchisee shall maintain and repair its facilities sufficiently to comply with
this Franchise and the City's Customer Service Standards under normal operating conditions and
to respond to subscriber complaints, loss of service, or requests for service.
D. All subscribers and members of the general public in the City may direct
complaints and inquiries regarding the Franchisee's service or performance to the City. After the
date of this Franchise, the City may establish a Cable Commission as a duly authorized City
agency. In such event, subscribers and members of the general public in the City may direct
complaints and inquiries to such Cable Commission. Franchisee will, in good faith, work with the
Cable Commission to respond to such inquiries and complaints.
6.4 Non -Discrimination and Equal Employment Opportunity.
A. Throughout the term of this Franchise, the Franchisee shall fully comply with
applicable law regarding equal employment opportunity. In the event the Franchisee is at any
time determined by the FCC not to be in compliance with said FCC rules or regulations, the
Franchisee shall notify the City within 15 days of its notice of such noncompliance from the FCC.
B. The Franchisee shall not, in its rates or charges, or in the availability of the
services or facilities of its Cable System, or in any other respect, make or grant undue preferences
or advantages to any subscriber, potential subscriber, or group of subscribers or potential
subscribers on the basis of age, race, creed, religion, color, sex, national origin, marital status,
sexual orientation, physical or mental disability, or political affiliation, nor shall the Franchisee
subject any such persons or group of persons to any undue prejudice or any disadvantage. The
Franchisee may offer promotional discounts to attract or maintain subscribers provided that such
discounts are offered on a non-discriminatory basis to similar classes or types of subscribers
throughout the Franchise Area. Subject to FCC rules and regulations, this section shall not
prohibit the Franchisee from publishing different rates for different classes of subscribers, so long
as the rates are identical for every subscriber in each class. Different rates may be offered to
commercial or bulk rate subscribers.
C. The Franchisee shall not deny cable service to any group of potential subscribers
because of the income of the residents of the area in which the group resides.
D. The Franchisee shall comply with all applicable federal, state, and local laws
concerning the accessibility of its services to people with disabilities. All programming received
by the Franchisee with closed -captioning shall be retransmitted by the Cable System including
the closed -caption signal.
6.6 Parental Control Device. Upon request, the Franchisee shall provide parental control
capability to any subscriber.
SECTION 7. SYSTEM FACILITIES, EQUIPMENT, AND SERVICES
7.1. Cable System Design and Functionality
A. As of the effective date of this Agreement, the Franchisee operates, maintains
and makes available to all residents of the City its existing 750 MHz Cable System fed by means
December 18, 2018 G - 21
of fiber optic cable deployed from the Franchisee's Headend to Franchisee's fiber optic nodes,
tying into Franchisee's coaxial Cable System serving subscribers.
B. The Franchisee shall transmit all its Signals to Subscribers in stereo, provided
that such Signals are furnished to the Franchisee in stereo.
C. Two-way activated capacity supporting interactive services, which may include
but not be limited to digital video recorders, shall be operated and maintained in the Cable System.
D. The Headend has 24-hour backup power supply. Each node power supply has
a minimum three-hour backup and hub sites and optical transfer nodes have three-hour backup
power supplies. Such equipment has been constructed and will be maintained so as to cut in
automatically upon failure of the commercial utility power, and to revert automatically to a standby
mode when alternating current power returns and complies with all utility and other safety
regulations to prevent the alternate power supply from powering a "dead" utility line in order to
prevent injury to any person.
E. The Cable System delivers and shall continue to deliver throughout the term of
this Agreement high definition ("HD") Signals.
F. Franchisee shall install and maintain necessary equipment to ensure that all
closed captioning programming received by the Cable System shall include the closed caption
signal as long as the closed caption signal is provided consistent with FCC standards.
G. Franchisee agrees to maintain the Cable System with sufficient capability and
technical quality to comply with the requirements of this Franchise and which meets or exceeds
current and future FCC technical quality standards at 47 C.F.R. § 76 Subpart K, or any future
section so designed by the FCC.
H. The Franchisee shall comply with all applicable laws, as they may from time to time
be amended, concerning system compatibility with Subscribers' consumer electronics equipment.
I. PEG Links/Video Feeds. On the effective date of this Franchise, the Franchisee
provides and shall continue to provide throughout the term of this Franchise, subject to the terms
of this Section 7.1.1, a dedicated fiber optic link between the Community Media Center ("CMC")
operated by the City or through its Designated Access Provider ("DAP") and the Franchisee's
cable system serving Port Angeles. This bi-directional connection will permit the City or its DAP
to send and receive PEG signals from other locations served by PEG Links described in this
Section 7.1.1 and to send PEG signals to Franchisee for distribution as described in this Franchise.
1. Upon ninety (90) days written notice by the City, the Franchisee will provide
dedicated fiber links (which may share fiber for all or a part of the route) which connect City Hall
and the Port Angeles High School to the Community Media Center and Franchisee's headend
and shall provide and maintain these links during the life of the Franchise, subject to the terms of
this Section 7.1.1. These additional links will permit PEG signals to be sent to the CMC to permit
control of the PEG transmission by City or its Designated Access Provider prior to distribution as
described in this Franchise.
2. These links and any necessary signal transport and processing equipment
(not production equipment) necessary to permit PEG signals to be transported from their point of
origination to cable subscribers shall be provided by the Franchisee throughout the term of the
franchise at no cost to the City or its Designated Access Provider. The parties agree that the
December 18, 2018 G - 22
provision of these links shall not be deemed Franchise Fees. In the event that the City does not
use an activated link described in this Section 7.1.1 for transmission of PEG signals to Franchisee
for a period of one (1) year, Franchisee may after providing written notification to the City
decommission such link. A decommissioned PEG Link shall be reactivated by the Franchise upon
ninety (90) days written notice by the City. For purposes of clarity, the addresses of the CMC, the
Skills Center and City Hall subject to the requirements of this Section 7.1.1 are set forth in
Appendix A to this Franchise.
7.2. Interconnection.
A. Interconnection of Franchisee's System. On the effective date of this
Agreement, the Cable System operated by the Franchisee serving the City of Port Angeles
receives a PEG feed from the City's designated Access Provider at a hub facility and sends the
PEG feed to Port Angeles and other areas served by Franchisee or one of Franchisee's affiliates
in Sequim, and unincorporated Clallam County. The Franchisee agrees that it shall at minimum
maintain the level of interconnectivity described herein throughout the life of this Franchise. The
interconnection shall be capable of receiving and delivering PEG access programming to the
interconnected communities. There shall be no charge for the interconnection for PEG access
programming.
B. Cooperation. The City understands that interconnection requires cooperation
from other Cable System Operators. The City shall make every reasonable effort to assist
Franchisee in achieving the cooperation necessary to realize interconnection.
C. Franchisee Not a Common Carrier. Nothing in this Agreement shall be deemed
to require the Franchisee to assume the status of a common carrier as defined under applicable
law.
7.3 Reserved
7.4 Cable System Upgrade.
Franchisee shall comply with City permitting processes and regulations during any
future construction, rebuild, or upgrade of any portion of the Cable System.
7.5 Performance Testing.
A. Franchisee shall perform the following tests on its Cable System:
1. All tests required by the FCC; and
2. All other tests reasonably necessary to determine compliance with
technical standards adopted by the FCC at any time during the term of
this Franchise.
B. Franchisee shall maintain records documenting the results of its Cable System
tests described above, performed by or for the Franchisee. Such test results shall be available
for inspection by the City upon request with reasonable prior notice.
C. Tests may be witnessed by representatives of the City, and Franchisee shall
provide the City reasonable notice of the time and place of each test. The City may conduct
independent tests of the system for which the Franchisee shall give its fullest cooperation.
December 18, 2018 G - 23
Franchisee shall be required to take prompt corrective measures to correct any system
deficiencies and to prevent their recurrence.
7.6 System Inspections. The City may inspect the Franchisee's Cable System and any
construction or installation work performed under this Franchise at City expense.
7.7 Other Construction Procedures. The Franchisee shall comply with federal, state, and
local laws with regard to the construction and operation of the Cable System.
A. The Franchisee shall provide a semi-annual construction report to the City in a
form reasonably acceptable to the City when major construction projects -- such as a Cable
System upgrades, rebuilds, plant extensions of one mile or more, or interconnection projects --
are being undertaken.
B. The Franchisee shall notify City residents in any construction area at least one
day in advance before first entering onto such resident's property to perform any work in
conjunction with Cable System construction, and shall additionally notify affected residents in
advance of any work which will involve excavation, replacement of poles, or tree trimming.
C. The Franchisee shall ensure that any contractor or subcontractor used by the
Franchisee for work and construction, operation, or repair of Cable System equipment must be
properly licensed under laws of the State and all applicable local ordinances.
D. The Franchisee shall be responsible for ensuring that the work of contractors
and subcontractors is performed consistent with this Franchise Agreement and applicable laws,
shall be responsible for all acts or omissions of contractors or subcontractors, shall be responsible
for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement
a quality control program to ensure that the work is properly performed. This section is not meant
to alter tort liability of Franchisee to third parties.
E. The Franchisee shall make available as -built and design maps in an electronic
format commonly used by the industry for the City's review at the local office of the Franchisee
after the completion of system construction in any geographic area.
F. Within thirty (30) days of completion of Cable System construction in any
geographic area, the Franchisee shall make available to the City upon reasonable request maps
showing the actual location of additions or extensions to its lines.
7.8 System Maintenance.
A. Interruptions to be Minimized. Whenever possible, the Franchisee shall
schedule planned maintenance so that activities likely to result in an interruption of service are
performed during periods of minimum subscriber use of the Cable System. The Franchisee shall
make best efforts to minimize interruptions of service consistent with reasonable and customary
construction practices.
B. Maintenance Practices. In addition to its other obligations, the Franchisee shall
use components of good and durable quality and follow high quality industry maintenance
standards.
7.9 System Performance. The Cable System shall meet or exceed the standards set forth
in 47 C.F.R. 76 subpart K ("FCC Standards"), as those standards may be in effect at all times.
December 18, 2018 G - 24
7.10 Future System Upgrades/Rebuilds. The Franchisee shall throughout the Franchise
term incorporate improvements in technology to reasonably meet the needs and interests of the
community in light of the costs thereof.
7.11 Service Availability.
A. The Franchisee shall construct, operate, maintain and upgrade its Cable System
so that it is able to provide service to all areas located in the Franchise Area described in Section
1.4 of this Franchise, subject to Section 7.11.13.1.
B. System Extension Requirements.
Franchise Area Boundaries. The Franchisee must extend service upon
request for no charge other than the then -prevailing normal installation
charge and/or the long drop charge where there is the equivalent of 20
homes per linear strand mile measured from the Franchisee's closest trunk
line or distribution cable location.
2. Cost Sharing. In the event that a new subscriber requesting service does
not meet the criteria for service described in Section 7.11.13.1. above, the
Franchisee will extend its Cable System at commercially reasonable rates
based upon the circumstances in place at the time.
3. Subscriber Drops. The Franchisee shall not assess any additional cost for
service drops of one hundred fifty (150) feet or less unless the Franchisee
demonstrates to the City's satisfaction that extraordinary circumstances
justify a higher charge. Where a drop exceeds one hundred fifty (150) feet
in length, the Franchisee may charge the subscriber for the difference
between the Franchisee's actual costs associated with installing a one
hundred fifty (150) foot drop and the Franchisee's actual cost of installing
the longer drop.
4. Undergrounding of Drops. In any area where the Franchisee would be
entitled to install a drop above -ground, the Franchisee will provide the
subscriber the option to have the drop installed underground but may
charge the subscriber the difference between the actual cost of the above-
ground installation and the actual cost of the underground installation.
5. Time for Extension. The Franchisee shall extend service as described
herein to any Person who requests it:
a. If the person requesting service is located in the Franchise area and
service can be provided by activating or installing a drop to that
location, service shall be provided within seven (7) days of the
request;
b. If the person requests service in an area which does not meet the
criteria described in 7.11.13.1, the Franchisee shall extend service
based upon mutually agreed upon terms and schedule between the
person requesting service and the Franchisee.
10
December 18, 2018 G - 25
7.12 Public, Educational, and Government Use
A. Designated Access Provider. The City may designate a nonprofit organization
incorporated in the State of Washington as a PEG access provider ("Designated Access
Provider") to control and manage the use of any or all of the access channels and/or resources
provided by the Franchisee under this Agreement.
B. PEG Access Channel Capacity. On the Effective Date of this Franchise, the
Franchisee provides one (1) channel for PEG Access purposes. At any time after the third
anniversary of the Franchise, the Franchisee shall, within one hundred and twenty (120) days
after a written request by the City or the Designated Access Provider(s) ("DAP"), provide and
activate a second access channel in the Franchise Area, for a total of two (2) activated access
channels.
1. The bandwidth that is provided by the Franchisee for PEG Access
purposes must be capable of transmitting signals in any commercially standard format and can
be used to transmit video and audio signals and other information (including, by way of example
and not limitation, any secondary audio, closed captioning, text, digital information, and high
definition signals). The PEG Access Channels must be viewable by all subscribers regardless of
the tier of service to which they subscribe without the need for any equipment other than the
equipment that a subscriber requires to receive their chosen service tier. The PEG Access
Channels shall have the same quality level and capacity, the same functionality, and in the same
format as provided to the Franchisee by the City or its DAP without material degradation.
2. The City or its DAP shall provide the PEG Access Channel(s) in an HD
format or any commercially available format. Franchisee shall transport and distribute the Access
Programming without degradation to Subscribers. Franchisee shall provide all necessary
equipment from: (1) the demarcation point at the origination location of the PEG Access
Channel(s); (2) at its Headend and/or hub sites; and (3) throughout its distribution system to
deliver the PEG Access Channel(s) to Subscribers.
3. Franchisee shall ensure that any PEG Access Channels can also be
viewed by Subscribers in the signal format provided by the City/DAP to the Franchisee, regardless
of the tier of service received by the Subscriber. PEG Access Channels shall have the same
quality and functionality as local broadcast channels provided to Subscribers in that same format.
C. Requirements Regarding Rules and Procedures for Use of PEG Access
Channels.
1. The Franchisee may not exercise any editorial control over the content of
programming on the designated PEG Access Channels (except for such programming the
Franchisee may produce and cablecast on the same basis as other PEG Access Channel users).
2. All programming transmitted over PEG Access Channels shall be
noncommercial in nature. Program materials to be distributed on PEG Access Channels shall
contain no advertising or commercial content for which consideration is received by the City or
the DAP. The City and Franchisee agree that the City, the DAP, or an access program provider
may include acknowledgements for persons or entities which sponsor or underwrite a program in
a manner similar to the sponsorship information provided on the Public Broadcasting System.
D. PEG Channel Promotion. The Franchisee shall, throughout the term of this
Franchise, provide the following promotional services, free of any charges:
11
December 18, 2018 G - 26
1. Program schedule information for each PEG access channel shall be listed
in all print and on -air program guides provided by the Franchisee to subscribers, in the same
manner as the program schedule information for local broadcast cable channels are listed.
2. The parties acknowledge that the Franchisee contracts with a third -party
electronic programming guide vendor ("EPG provider") to provide on-screen and on-line program
listings. The Franchisee shall make available to the City or its DAP the contact information for
that EPG provider. Franchisee shall inform the EPG provider that the City and its DAP are
authorized to provide programming information for the PEG access channels. The City or its DAP
shall be responsible for providing programming information to the EPG provider.
3. Once annually, the Franchisee shall allow the City or its DAP to submit a
bill stuffer, created at the DAP's expense, to be inserted into all customer statements within the
Franchisee's Cable System in the City. Franchisee may establish reasonable size restrictions for
insertion in customer statements for use by the City or the DAP. In consideration of regulatory
notification requirements, the Franchisee has final approval on the dates for insertion.
E. PEG Channel Locations.
1. The PEG Access Channels shall be located on Franchisee's Local
Broadcast Service tier within reasonable proximity to each other and to local broadcast channels
in the Cable System's channel lineup and available at no charge to the City and its DAP.
2. PEG Channel Relocation. In the event Franchisee is required by Federal
law or regulation to change the channel number of the PEG Access Channels., Franchisee shall
provide thirty (30) days advance notice to the City, the DAP, and its subscribers. Should
Franchisee decide to change the channel number for any other reason, Franchisee shall notify
the City, the DAP, and subscribers of such a discretionary change at least sixty (60) days prior to
the date of the proposed change. The Franchisee shall use notification techniques such as inserts
in subscriber billings, display advertisements in local newspapers and the customer messaging
function of its set-top units to provide customers the new channel assignments. If the notification
provided to the City and the DAP with regard to a discretionary move is consistent with the
deadline listed above, the Franchisee shall pay a fee of one thousand dollars ($1,000) to the entity
designated by the City to manage the PEG access channel(s) being moved. If the Franchisee
fails to provide notice consistent with the discretionary move deadline listed above, the Franchisee
shall pay a fee of two thousand dollars ($2,000). The channel relocation fee paid to the DAP shall
be used to replace print materials, channel ID's, and other promotional materials (as well as other
video materials) containing the old channel number(s), and to otherwise promote the new location
of the channel. Franchisee will not move any of the PEG access channels more than once in a
three-year period, unless required to by law or regulation.
F. PEG Access Grants and Support for Access Channels
1. Commencing on the effective date of this Franchise, the Franchisee shall
pay to the City one percent (1%) of Franchisee's Gross Revenues derived from the operation of
the cable system to provide cable services in the City, to be used by the City for PEG access
purposes ("PEG Grant"). The City acknowledges that Franchisee may pass these fees through
to subscribers.
2. Following the effective date of this Franchise, Franchisee shall make
quarterly payments of the PEG Grant to the City, for the preceding quarter. Each quarterly
12
December 18, 2018 G - 27
payment shall be due and payable no later than forty-five (45) days after the quarter ending date.
3. The Franchisee shall submit to the City a late fee on PEG Grant payments
that are submitted after the due date as described above. Late fees for late payment of the PEG
Grant shall be computed in the same manner as late fees for the late payment of Franchise Fees
as described in Section 10.3 of this Agreement.
4. The PEG Grant shall be paid in addition to any other fees, charges, or
assessments required by the City. Franchisee agrees that the PEG Grant made pursuant to this
Section 7.12.F. does not fall within the definition of Franchise Fees and shall not be offset against
Franchise Fees that the Franchisee owes under this Agreement.
G. Complimentary Cable Drops and Cable Service to Public Buildings.
1. The Franchisee shall provide one free cable drop, installation of that drop,
any necessary equipment (e.g., converter) and subscription to the Local Broadcast tier or its
equivalent to nine (9) public buildings designated by the City during the term of this Franchise.
On the effective date of this Franchise, the Franchisee was fulfilling the above obligation by
providing a complimentary cable drop, subscription to its Local Broadcast tier of service and one
piece of customer premise equipment necessary to receive that service to the public agencies
listed in Appendix B. Nothing in this section shall require Franchisee to require any further service,
installation or equipment beyond that which was provided on the effective date.
2. The City may change the locations designated for complimentary cable
drops from those listed in Appendix B by providing the Franchisee thirty (30) days written notice.
The new locations shall be located within the Franchise Area and require no more than standard
aerial cable drop to be served. Each location receiving such free drop and service may extend
that service to other locations within each building, without an additional service charge provided
that the Franchisee is not required to provide any additional equipment on a complimentary or
discounted basis to these locations. Internal video distribution systems or other equipment used
by such public facilities must comply with the FCC's signal leakage and signal quality standards
and must not interfere with or adversely affect the Cable System.
3. The Franchisee shall provide one standard service drop, standard
installation of that drop, one piece of customer premises equipment capable of receiving HD
signals and Franchisee's Local Broadcast Service Tier to the DAP, to enable them to monitor the
HD transmission and reception of PEG Access programming. The DAP may extend that service
to other locations within the Community Media Center without an additional service charge,
provided that the Franchisee is not required to provide any additional equipment on a
complimentary or discounted basis for these other locations. Internal video distribution systems
or other equipment used by such public facilities must comply with the FCC's signal leakage and
signal quality standards and must not interfere with or adversely affect the Cable System.
H. General.
1. If Franchisee makes changes to its Cable System that necessitate
modifications to PEG Channel transmission facilities and equipment (including but not limited to
the upstream paths), Franchisee shall provide thirty (30) days advance notice of such changes to
the City and its Designated Access Providers. In addition, Franchisee shall provide any additional
or modified facilities or equipment necessary to implement such modifications within sixty (60)
days of the date that the system changes are to be made, so that PEG signal transmission
13
December 18, 2018 G - 28
facilities and equipment may be used and operated as intended and without interruption,
including, among other things, transmission of live and taped communications to subscribers.
2. The parties agree that all payments and costs of services provided by the
Franchisee to the City in support of PEG Access and other in-kind commitments shall not be
deemed "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. 542).
Any PEG Access grants, support fees, or any in-kind services required by this Franchise are
intended to conform to provisions of Section 611 of the Cable Communications Policy Act of 1984
as amended, and are not to be or to constitute Franchise Fees.
7.13 No City Control. During the term of this Franchise, the City may not prohibit the
Franchisee from providing any program or class of programs, or otherwise censor
communications over the Cable System, except that nothing in this section shall be read to
authorize the Franchisee to engage in communications which are prohibited by law.
7.14 Emergency Alert System.
A. Franchisee shall, at all times during the term of the Franchise, provide and
maintain an Emergency Alert system ("EAS"), consistent with applicable Federal laws and
regulations including 47 C.F.R., Part 11, and any Washington State Emergency Alert Plan
requirements. The EAS shall provide for activation from the City's emergency operations center
or an alternate location specified by the City in writing and, upon written request of the City,
Franchisee will cooperate with the City to test the emergency override system for periods not to
exceed one minute in duration and not more than once every six months. If Franchisee elects to
participate in the voluntary Washington State EAS plan and local operational plan, Grantee shall
follow all required procedures. Notwithstanding the foregoing, FCC rules governing emergency
alert systems shall take precedence if in conflict with this Section. The EAS shall meet all
technical standards required by the FCC.
SECTION 8. CONSTRUCTION STANDARDS
8.1. This Franchise does not confer the right to place or maintain facilities in any particular
location, or in any particular manner, or at all times in the rights of way or any other property
occupied pursuant to this Franchise.
8.2. Without limiting the provisions of Sections 1-3:
A. Franchisee agrees that its occupation of the rights of way and such property is
subject to the supervision and control of the City.
B. Franchisee agrees to move, relocate or remove its facilities as directed by the
City upon reasonable notice. If the Franchisee fails to relocate or remove its facilities as directed
by the City within the time agreed, the City may perform the work required and Franchisee shall
pay the reasonable cost thereof. In the case of an emergency, the City may move, relocate or
remove Franchisee's facilities without notice to Franchisee. Except as specifically stated, any
action that the Franchisee may be required to take shall be at Franchisee's reasonable expense.
C. The construction, installation, operation, and maintenance of the Cable System
and all parts thereof shall be performed in an orderly and workmanlike manner. All such work
shall be performed in and comply with all federal, state, and local laws, regulations and safety
14
December 18, 2018 G - 29
requirements, including but not limited to the regulations of the FCC, the Federal Aviation
Administration, and the National Electrical Safety Code.
In the event of a conflict among codes and standards, the most stringent code or
standard shall apply (except insofar as those standards, if followed, would result in a Cable
System that could not meet requirements of federal, state, or local laws; and except for such
minor modifications as are typical in the industry). The City may adopt reasonable additional
standards after consultation with the Franchisee as required to ensure that work continues to be
performed in an orderly and workmanlike manner, or to reflect changes in standards that may
occur during the Franchise term.
SECTION 9. RATE REGULATION
9.1 For rates subject to rate regulation by the City, all charges to subscribers and users
shall be uniform throughout the franchise area with a written schedule of fees for all services
offered available upon request. Notwithstanding the foregoing, nothing in this Franchise shall be
construed to prohibit Franchisee from reducing or waiving rates and charges in conjunction with
marketing and promotional campaigns, retention efforts or discounted rates and charges for the
provision of services on a bulk subscription or similar basis. The Franchisee hereby agrees to
provide each new subscriber with prices and options for programming services and conditions of
subscription to programming and other services.
9.2 The City may regulate Franchisee's rates and charges, except to the extent that it is
prohibited from doing so by Federal or State law.
9.3 The Franchisee will notify subscribers and the City of any proposed increase at least
thirty (30) days before said increase is to become effective. The notice will list the FCC community
identifier for the Cable System and the name, address, and phone number of a contact person or
department at the City.
9.4 The City reserves the right to prescribe reasonable rates and order refunds, to the
extent permitted by applicable Federal or State law.
SECTION 10. FRANCHISE FEES
10.1 The Franchisee shall pay to the City an amount equal to five percent (5%) of the gross
revenues derived from the operation of its Cable System to provide cable services in the City, or
the maximum amount permitted by Federal law, if larger.
10.2 If Cable Services subject to the Franchise Fee required under this Section 10 are
provided to Subscribers in conjunction with non -cable services, Grantee shall allocate revenue
for such bundled services between Cable Services and non -cable services in a fair and
reasonable manner and not in any manner whose purpose is to evade or substantially reduce
Grantee's Franchise Fee obligations to the City. The combined revenues from such bundled
services shall be allocated consistent with PAMC 11.14.170 E 1 i.
10.3 Pursuant to PAMC 11.14.170, Franchise Fee payments due the City under this
provision shall be computed at the end of each calendar quarter and shall be due and payable no
later than forty-five (45) days after the end of the calendar quarter. Each payment shall be
15
December 18, 2018 G - 30
accompanied by a statement of gross revenue for the quarter in a format to be agreed upon by
the City and the Franchisee.
10.4 No acceptance of any payment shall be construed as an accord that the amount paid
is in fact the correct amount, nor shall acceptance of payment be construed as a release of any
claim the City may have for further or additional sums payable under the Franchise by the
Franchisee.
10.5 The Franchisee shall submit to the City a late fee on Franchise Fee payments which
are received after the due dates as described in Section 10.3. For each day after the due date in
Section 10.3, the late fee shall be total franchise fee amount that is considered late, times an
interest rate, times the number of days late up to the date of payment to the City. The interest
rate will be determined based upon the Wall Street Journal Prime Rate +3%, divided by 365, to
be updated for each 90 -day period that the payment is late. The total payment to the City will be
the underpaid franchise fees plus late fees computed in accordance with the section. Any unpaid
late franchise fees will continue to accrue interest in accordance with this section until such fees
plus the appropriate interest are paid to the City.
10.6 The Franchise Fee shall be paid in addition to fees, charges, or assessments required
by the City. The parties agree that all payments and costs of services provided by the Franchisee
to the City in support of PEG Access and other in-kind commitments shall not be deemed
"Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. 542) and shall
not be offset against Franchise Fees that Franchisee owes under this Agreement.
10.7 The City may, no more frequently than once in any twelve (12) month period, conduct
a financial review to verify Franchise Fee payments made by the Franchisee. The City may use
an independent auditor provided that the auditor is subject to a nondisclosure agreement that is
reasonably acceptable to the Franchisee. The Franchisee will provide the records required by
the City in reasonably sufficient detail to conduct the financial review to the City, electronically or
at a location directed by the City.
10.8 When the Franchise terminates for any reason (other than through the issuance of a
renewal or superseding Franchise), the Franchisee shall file with the City within ninety (90)
calendar days of the date its operations in the City cease, a financial statement certified by a
certified public accountant or the Franchisee's chief financial officer, showing the gross revenues
received by the Franchisee since the end of the previous fiscal year. Adjustments will be made
at that time for Franchise Fees due to the date that the Franchisee's operations under the
terminated Franchise ceased.
SECTION 11. PROTECTION OF CITY AND ENFORCEMENT -- PERFORMANCE BOND
11.1 Pursuant to the PAMC 11. 14.160 K 11, the Franchisee shall establish in the City's
favor a performance bond in the amount of $250,000 to secure the faithful performance of its
responsibilities under this Franchise and to include an amount necessary to cover the removal of
facilities and/or restoration of City facilities within the right-of-way. The performance bond shall
be issued by a corporate surety authorized to transact a surety business in Washington.
11.2 In the event the Franchisee fails to comply with its obligations under this Franchise,
there shall be recoverable, jointly and severally from the principal and surety of the bond, any
damages or loss suffered by the City as a result, including the full amount of any compensation,
indemnification, or cost of removal or abandonment of any property of the Franchisee, or the cost
16
December 18, 2018 G - 31
of completing or repairing the Cable System construction, upgrade, rebuild, or other work, plus a
reasonable allowance for attorneys' fees, up to the full amount of the bond.
11.3 The performance bond shall contain the following endorsement or a similar
endorsement acceptable to the City:
"This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt
by the City, by certified mail, return receipt requested, of a written notice from the issuer of the
bond of intent to cancel or not to renew."
11.4 The performance bond required by this Section is in addition to, and not in lieu of, any
bonds required consistent with the City's normal practices for similar construction projects.
SECTION 12. PROTECTION OF CITY AND ENFORCEMENT -- APPROVAL OF SURETIES:
RELATION TO OTHER REMEDIES
12.1 Any insurance, bonds, security fund, and letter of credit required by this Franchise and
the PAMC11.14.160 shall be issued, respectively, by an admitted insurer in Washington,
acceptable to the City, and by a financial institution located in Washington acceptable to the City.
12.2 The provision and maintenance of any insurance, bonds, security fund and letter of
credit shall not in any respect limit the Franchisee's duty to indemnify the City nor shall recovery
of any amounts in any respect prevent the City from exercising any other right or remedy it may
have under law or in equity.
SECTION 13. TERMINATION, REVOCATION, FORFEITURE
13.1 In addition to all other rights, powers, and remedies reserved by the City, the City shall
have the additional, separate, and distinct rights to revoke the Franchise, or to shorten the term
of the Franchise to a period not shorter than thirty (30) months from the date of the City's action
shortening the term, or if the remaining term is thirty-six (36) months or less, half the remaining
Franchise term, if:
A. the Franchisee defrauds or attempts to defraud the City or subscribers, or
submits materially misleading or incomplete information to the City;
B. the Franchisee attempts to evade any material provision of the Enabling
Ordinance and the Port Angeles City Code or applicable law relating to the construction,
operation, or repair of its Cable System;
C. the Franchisee violates any material provision of the Franchise or any material
rule, order, or regulation enacted by the City Council in accordance with this Franchise;
D. the Franchisee abandons its Franchise (the Franchisee shall be deemed to have
abandoned its Franchise if it willfully refuses to operate the Cable System as required by its
Franchise, when there is no event beyond the Franchisee's control that prevents the operation of
the Cable System, and where operation would not endanger the health or safety of the public or
property).
17
December 18, 2018 G - 32
13.2 In the event that the City believes that grounds exist for revocation, termination, or
forfeiture of the Franchise, the City shall notify the Franchisee in writing and follow the process
described in PAMC Chapter 11.14.120 Y -Z.
13.3 Upon revocation of the Franchise, or upon any other termination of the Franchise by
passage of time or otherwise, the City shall have the right to require the Franchisee to remove, at
the Franchisee's expense, its Cable System from streets, public property, and any private property
occupied pursuant to the revoked, canceled, or terminated Franchise. The City shall notify the
Franchisee in writing that the Cable System should be removed and identify any period during
which the Franchisee will be required to continue to operate the Cable System as provided in
Section 16. In removing its Cable System, the Franchisee shall refill and compact, at its expense,
any excavation that shall be made and shall leave all streets, public property, and private property
in as good a condition as that prevailing prior to the Franchisee's removal of the Cable System.
The provisions of Section 14 of this Franchise Agreement and applicable sections of the Port
Angeles City Code shall remain in full force and effect until the Cable System is removed.
13.4 Upon revocation or termination of the Franchise, the Franchisee may, if the City
declines to acquire ownership of the Cable System pursuant to the Enabling Ordinance, sell or
transfer the ownership of the Cable System, subject to the Port Angeles City Code, so long as
such transfer of ownership is completed within one hundred twenty (120) days of the date of
termination or revocation.
SECTION 14. REMEDIES -- LIQUIDATED DAMAGES
14.1 Because the Franchisee's failure to comply with certain provisions of this Franchise
will result in injury to the City, and because it will be difficult to estimate the extent of such injury,
the City and the Franchisee hereby agree to the following liquidated damages, which represent
both parties' best estimate of the damages resulting from the specified injury. Damage amounts
may be adjusted throughout term of Franchise by the City by resolution to take into account
increases in the consumer price index. Franchisee waives any claim or defense that the liquidated
damages provisions in this Agreement are unenforceable as a penalty or on the basis that they
do not fairly approximate the actual damages caused by the breach. Prior to assessing liquidated
damages, the City shall follow the "Notice and Duty to Cure" procedures contained in PAMC
Chapter 11.14.120 Y -Z. Franchisee agrees that the liquidated damage amounts represent the
damages to the City and are collectible by and payable to the City.
14.2 For failure to complete construction or extend service in accordance with the
Franchise: $1,500/day for each day the violation continues;
14.3 For failure to comply with material requirements for PEG Access use of the Cable
System: $750/day for each day the violation continues;
14.4 For repeated, willful, or continuing failure to submit reports, maintain records, provide
documents or information: $500/day for each day the violation continues;
14.5 For violation of customer service standards: $500 per violation per day;
14.6 For failure to comply with transfer provisions: $1,500/day from the date of any unlawful
transfer; and
18
December 18, 2018 G - 33
14.7 For all other material violations for which actual monetary damages are not readily
ascertainable: $500/day for each day the violation continues.
14.8 The total amount of liquidated damages due in any twelve (12) month period shall not
exceed $25,000.
SECTION 15. REMEDIES -- CUMULATIVE
15.1 If the City elects to pursue liquidated damages under Section 14 above for a particular
event, the liquidated damages shall be the sole and exclusive remedy of the City for that particular
event. With respect to any event or cause for which the City does not pursue liquidated damages,
the City reserves all remedies it may have under this Franchise Agreement, the Enabling
Ordinance, law, and in equity. All remedies provided under this Franchise Agreement or the
Enabling Ordinance shall be cumulative, unless otherwise expressly stated. The exercise of one
remedy shall not foreclose use of another, nor shall it relieve the Franchisee of its obligations to
comply with the Franchise. Remedies may be used singly or in combination. PROVIDED
HOWEVER, the parties do not intend that the City be entitled to multiple monetary recoveries for
a single damage or loss. Therefore, notwithstanding the number of nature of the remedies
asserted with respect to monetary damage, the City is entitled to be made whole only once.
SECTION 16. REMEDIES -- CONTINUITY OF SERVICE
16.1 Subscribers in the Franchise Area may receive all available services from the
Franchisee as long as their financial and other obligations to the Franchisee are satisfied.
16.2 In the event of the termination or transfer of the Franchise, the Franchisee shall ensure
that all subscribers receive continuous, uninterrupted service regardless of circumstances in
accordance with this Section 16. At the City's request, the Franchisee shall cooperate with the
City to operate its Cable System for a 12 -month temporary period (the "Transition Period")
following termination or transfer of the Franchise as necessary to maintain continuity of service to
all subscribers and shall cooperate in the development of plans required to ensure an orderly
transition from one operator to another. During such Transition Period, the Cable System shall
be operated consistent with the terms and conditions of this Franchise. During the Transition
Period, the Franchisee shall be entitled to continue to charge and collect amounts from
subscribers for the services provided.
16.3 Except for outages caused by a Force Majeure event, if the Franchisee fails to operate
the Cable System for ninety-six (96) hours during any seven (7) day period without prior approval
of the City, or if the System is abandoned as defined in Section 13.1.D, the City may, at its option,
commence enforcement or termination proceedings pursuant to this Franchise.
16.4 Franchisee shall comply with applicable law regarding any removal of the Cable
System. Notwithstanding anything to the contrary set forth in this Franchise, Franchisee may,
with the consent of the City, abandon any underground Cable System property in place so long
as it does not materially interfere with the use of the public rights-of-way in which such property
is located or with the use thereof by a public utility or other Cable Operator.
SECTION 17. BOOKS AND RECORDS -- INSPECTION
19
December 18, 2018 G - 34
17.1 The City may request information in the control or possession of the Franchisee, or its
affiliates: (1) to enforce the City's rights or assess compliance with the Franchise and applicable
law, other than subject matter addressed by the City's audit rights under Section 10.7 above; (2)
in the exercise of any power the City may have under this Franchise or applicable law; or (3) as
may be necessary in connection with any proceeding the City may or must conduct under
applicable law with respect to the Franchisee's Cable System. Franchisee shall provide materials
in response to such requests that are reasonably necessary to determine the matter at issue.
Franchisee may provide these materials in electronic format.
17.2 Subject to PAMC Chapter 11.14.160.L., any applicable privacy provisions of the Cable
Act, and Washington Public Records Act RCW 42.56, the Franchisee shall provide books and
records for the purposes described above in Section 17.1 and the City shall keep such materials
confidential to the fullest extent permitted by applicable law. Material that the City requires the
Franchisee to produce under this section shall be produced upon reasonable notice, no later than
30 days after a written request for production or 45 days after such request if the request is made
during the two-week period following the end of a calendar quarter. Requests for extensions of
time to respond shall not be unreasonably denied. Franchisee shall provide all materials
requested by the City electronically or in a manner and location to be agreed upon by the parties.
17.3 The Franchisee may request that the City treat records containing trade secrets or
proprietary information as confidential under the Washington Public Records Act RCW 42.56.
The Public Records Act and other applicable Federal and State laws shall govern the City's
treatment of any such request.
SECTION 18. PERFORMANCE MONITORING
18.1 Triennial Review
A. During the years which commence on the third and/or sixth anniversaries of the
effective date of the Franchise, and every third year thereafter, the City may commence a review
of the Franchisee's performance under the Franchise. As part of this review, the City may
consider: (1) whether the Franchisee has complied with its obligations under the Franchise and
applicable law; (2) whether customer service standards, technical standards, or bond or security
fund requirements are adequate, inadequate, or excessive; and (3) other issues as may be raised
by the Franchisee, the City, or the public.
B. The City shall conduct at least one public hearing at a lawfully noticed City
Council meeting to provide the Franchisee and the public the opportunity to comment on the
Franchisee's performance and other issues considered as part of this review.
SECTION 19. MISCELLANEOUS
19.1 Time of Essence. In determining whether the Franchisee has substantially complied
with the Franchise, the City and the Franchisee agree that time is of essence.
19.2 Effect of Preemption; Federal and State Law. If the City's ability to enforce any
provisions of this Franchise is finally and conclusively preempted by Federal or State law, then
the provision shall be deemed preempted but only to the extent and for the period the preemption
is required by law. If, as a result of a subsequent change in law or the interpretation of that law,
20
December 18, 2018 G - 35
the provision of this Franchise would again be enforceable, it shall be enforceable, and the
Franchisee will comply with all obligations thereunder after receipt of notice from the City.
19.3 Force Majeure. The Franchisee shall not be deemed in default or non-compliance
with provisions of its Franchise where such non-compliance was due to causes beyond
Franchisee's control such as war, riots, civil disturbance, floods, other natural catastrophes, or
similar events beyond the Franchisee's control, fire, vandalism, inability to obtain equipment,
materials or other supplies due to strike, lockout, or work stoppage or any law, order regulation,
direction, action or request of any civil or military governmental authority. Franchisee shall notify
the City of the occurrence or existence of any of these events and the cessation of such event.
The Franchisee agrees to take prompt and diligent steps to bring itself back into compliance and
to comply as soon as possible under the circumstances with its Franchise without unduly
endangering the health, safety, and integrity of the Franchisee's employees or property, or the
health, safety, and integrity of the public, streets, public property, or private property.
19.4 Settlement and Release. As of the Effective Date of this Franchise Agreement, the
prior Franchise is superseded and is of no further force and effect, and the City hereby waives
and forever irrevocably releases Franchisee from any claims the City had, has or may have
against Franchisee under the prior Franchise.
19.5. Consideration for Release. The parties agree that the all payments and costs of
services provided by the Franchisee to the City in support of PEG Access and other in-kind
commitments set forth in this Franchise Agreement are consideration given to the City by
Franchisee in return for the City's release as set forth in Section 19.4 above, and therefore do not
constitute franchise fees within the meaning of the Cable Act, 47 U.S.C. 542.
19.6 Written Notice. Notices shall be given as follows:
To the City:
City Manager
City Hall
321 E. 5`" Street
Port Angeles, Washington 98362
with copies to:
To Franchisee:
Legal Department
WaveDivision Holdings, LLC
401 Parkplace Center, Suite 103
Kirkland, WA 98033
With copies to:
WaveDivision Holdings, LLC
c/o RCN Telecom Services, LLC
105 West First Street
South Boston, MA 02127
Attn: Regulatory Department
Notice shall be deemed given three (3) business days after posting with pre -paid
postage, first class mail, or immediately upon hand -delivery to the person identified above, at the
address specified above.
21
December 18, 2018 G - 36
19.7 Indemnification.
A. Franchisee shall be responsible to the City for all damages, costs, losses, or
expenses for the repair, replacement, or restoration of City's property, equipment, materials,
structure and facilities if and to the extent damaged, destroyed or found to be defective as a result
of Franchisee's negligence, willful misconduct, or strict liability.
B. Franchisee, hereby releases, waives, covenants not to bring suit against the City,
its subcontractors, agents, representatives, assigns, officers, employees, and elected officials on
any claim, demands, or causes of action, and judgements for: (1) damage to or loss of property
of any person, (including, but not limited to Franchisee, its agents, officers, employees, directors
and subcontractors, City's agents, officers and employees, and third parties); and/or (2) death,
bodily injury, illness, disease, worker's compensation, loss of services, or loss of income to any
person except to the extent such damage loss death or bodily injury is caused by the sole and
exclusive negligence or wrongdoing of the City.
C. Franchisee, for itself and its agents, employees, directors, officers, contractors
and subcontractors, hereby agrees to defend, indemnify, and hold the City, agents,
representatives, employees, officers, elected officials, assigns, contractors and subcontractors,
harmless from and against any and all claims, demands, suits, causes of action and judgements,
losses, damages, and costs, including without limitation, attorney's fees and the costs of litigation,
for: (1) damage to or loss of property and/or (2) death, bodily injury, illness, disease, worker's
compensation injury, loss of services, or loss of income to any person, to the extent the claims
arise out of or result from the negligent acts or omissions, willful misconduct, or strict liability
activity of the Franchisee, its agents, employees, directors, officers, contractors and
subcontractors, and the agents and employees of said contractors or subcontractors as the
proximate cause. The Franchisee further agrees to indemnify, defend, and hold harmless the
City, its officers and employees from any and all claims, costs, judgments, awards or liability to
the Franchisee's own officers and employees, including those claims to which the Franchisee
might otherwise have immunity under title 51 RCW.
D. In the event that any claim or loss is found by a court of competent jurisdiction or
administrative tribunal to be caused by the concurrent fault of both Franchisee and City, then each
party shall be responsible to the extent found by such court or administrative tribunal.
E. Franchisee shall use its commercially reasonable efforts to ensure that the terms
of each contract awarded to a contractor by the Franchisee for work in the public -rights of way or
on City property to be undertaken pursuant to this Franchise shall contain indemnity and
insurance provisions whereby the contractor shall indemnify City and provide insurance coverage
to the same extent as described in PAMC 11.14.
F. The City shall be responsible to the Franchisee for all damages, costs, losses,
or expenses for the repair, replacement, or restoration of Franchisee's property, equipment,
materials, structured and facilities, if and to the extent damaged, destroyed or found to be
defective as a result of the City's negligence, willful conduct, or strict liability.
G. The City, for itself and its agents, employees, officers, elected officials,
contractors and subcontractors hereby agree to defend, indemnify, and hold Franchisee, its
successors, agents, representatives, assigns, officers, employees, and contractors and
subcontractors harmless from and against any and all claims, demands, suits, causes of action,
and judgements losses, damages and costs, including without limitation attorney's fees and costs
22
December 18, 2018 G - 37
of litigation for: (1) damage to or loss of the property of any person; and/or (2) death, bodily injury,
illness, disease, worker's compensations,. loss of services, or loss of income to any persons to
the extent the claims arise out of or result from negligence acts or omissions, willful misconduct
or strict liability of the City, its agents, employees, directors, officers, contractors or subcontractors
and the agents and employees of said contractors and subcontractors as the proximate cause.
H. Either party shall give the other party prompt written notice of any claims or suits.
Either party shall, at its sole cost and expense, have the right to investigate and defend same to
the extent of its own interest.
19.8 Benefit to City. This Franchise shall be subject to the provisions of the Port Angeles
City Code. In the event of a conflict between this Franchise and the City Code, the provisions
which afford the greatest benefit to the City shall apply.
19.9 Third Party Right of Action. This Franchise does not confer any contractual rights of
action on any persons or entity other than City and Franchisee. No third party has standing to
enforce or sue under this Franchise.
19.10 Washington Law Applies. Except as to matters that are governed solely by Federal
law, this Franchise will be governed by and construed in accordance with the laws of the State of
Washington.
23
December 18, 2018 G - 38
PASSED & APPROVED by the City of Port Angeles, Washington and approved by the City
Council on this day of 12018.
THE CITY OF PORT ANGELES, WASHINGTON
(Mayor, City of Port Angeles
ATTEST:
(City Clerk)
APPROVED this day of 2018.
la
(City Attorney)
24
December 18, 2018 G - 39
APPENDICES
A. PEG Links
B. Complimentary Cable Drops and Service
C. Customer Service Standards
25
December 18, 2018 G - 40
APPENDIX A
PEG Links
Location
Address
City Hall
321 E. Fifth Street, Port Angeles, WA 98362
Port Angeles High School
304 E. Park Ave, Port Angeles, WA 98362
Community Media Center
215 S. Lincoln Street, Port Angeles, WA 98362
26
December 18, 2018 G - 41
APPENDIX B
Complimentary Cable Drops and Service
Location
Address
City Hall
321 E. Fifth Street, Port Angeles, WA 98362
Police Dispatch
321 E. Fifth Street, Port Angeles, WA 98362
911 Center
321 E. Fifth Street, Port Angeles, WA 98362
Vern Burton Center
308 E. Fourth Street, Port Angeles, WA 98362
William R. Fairchild Int'I Airport
1402 Fairchild Airport Rd., Port Angeles, WA 98362
Peninsula College
1502 E. Lauridsen Blvd., Port Angeles, WA 98362
Senior Center
328 E. Seventh Street, Port Angeles, WA 98362
Fire Station
102 E. Fifth Street, Port Angeles, WA 98362
Port Angeles High School
304 E. Park Avenue, Port Angeles, WA. 98362
Community Media Center
215 S. Lincoln Street, Port Angeles, WA 98362
27
December 18, 2018 G - 42
APPENDIX C
CUSTOMER SERVICE STANDARDS
The Franchisee shall comply with the following Customer Service and reporting requirements. These
requirements include, but are not limited to, the requirements set forth in FCC regulations, including 47
C.F.R. §76.309, 47 C.F.R. §76.1602, and other applicable federal and state laws. To the extent the
provisions of these Customer Service Standards differ from applicable FCC regulations or any
applicable law, the provision or provisions that impose the highest standard or greatest legal duties or
obligations upon the Franchisee shall take precedence, unless a different order of precedence is
expressly set herein.
DEFINITIONS
When used in these Customer Service Standards (the "Standards"), the following words, phrases, and
terms shall have the meanings given below:
"Cable Operator" shall have the meaning set forth in Section 602(5) of the federal Communications Act.,
47 U.S.C. 522(5).
"Cable Services" shall mean (a) the one-way transmission to Customers of video programming, or other
programming service, and (b) Customer interaction, if any, which is required for the selection and use
of such video programming or other programming service.
"Cable System" shall have the meaning set forth in Section 602(7) of the federal Communications Act,
47 U.S.C. § 522(7).
"City" means the City of Port Angeles, Washington.
"Complaint" shall mean any issue raised by a Customer that is a violation of the Customer Service
Standards notification of which has been made to the Cable Operator either through the Franchisee's
Customer Service Center (as described in Section 2.1 below), Franchisee's customer support call
center (as described in Section 3.2 below) or in writing sent to Franchisee's headquarters address.
"Customer" means any person who lawfully receives Cable Services or Other Services from the Cable
Operator.
"Customer Service Representative" ("CSR") means any person employed by the Franchisee to assist,
or provide service to Customers, whether by answering public telephone lines, writing service or
installation orders, answering Customers' questions, receiving and processing payments, or performing
other Customer service related tasks.
"Escalated Complaint" means a Complaint that is referred to a Cable Operator by the City.
"Franchisee" shall mean a Cable Operator who has been granted a franchise by the City of Port Angeles
to provide Cable Services.
"Other Service" means any wire or radio communications service, including, but not limited to, any
interactive television or Internet Service, provided through the use of any of the facilities of a Franchisee
that are used in the provision of a Cable Service.
December 18, 2018 G - 43
"Normal Business Hours" means the hours of 8:00 a.m. to 8:00 p.m. on Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday, excluding legal holidays.
"Normal Operating Conditions" means service conditions within the control of a Franchisee. Those
conditions that are not within the control of a Franchisee include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages, and severe or unusual weather
conditions. Those conditions that are ordinarily within the control of a Franchisee include, but are not
limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the Cable System.
Customer Service.
1.1. All officers, agents, and employees of the Franchisee, its contractors and subcontractors
who are in contact with Customers by telephone, in writing, or in person shall:
1.1.1. be courteous, knowledgeable and helpful; provide complete and accurate
information; and deliver effective, timely and satisfactory service in all contacts with
Customers;
1.1.2. be fluent in English and able to communicate clearly with Customers in English; and
1.1.3. (for those who are in personal contact with Customers at the Customer's premises)
have visible identification cards bearing their name and photograph. The Franchisee
shall account for all identification cards at all times. All CSRs shall identify themselves
orally to callers immediately following the greeting during each telephone contact
with the public. Every vehicle of the Franchisee used for providing services to
Customers shall be clearly visually identified to the public as working for the
Franchisee.
1.2. The Franchisee shall use its best efforts to make all customer services available in Spanish
and other languages, in addition to English.
1.3. Trees and shrubs or other landscaping on a Customer's property that are damaged by
Franchisee, or any employee or agent during installation or construction for the Customer or
in the process of serving adjacent structures, shall be restored to their prior condition or -
replaced. Trees and shrubs shall not be removed without the prior permission of the owner
of the property on which they are located.
1.4. The Franchisee shall, at its own cost and expense, and in a manner approved by the property
owner and the City, restore any property to as good condition as before the work causing
such disturbance was initiated. The Franchisee shall repair, replace or compensate all
property owners for damages resulting from the Franchisee's installation, construction,
service or repair activities for a Customer.
1.5. The Franchisee shall clean all areas surrounding any work site of debris caused by the
Franchisee's activities and ensure that all cable materials are disposed of properly.
1.6. Satisfaction Guaranteed. The Franchisee shall guarantee Customer satisfaction for every
Customer who requests new installation of Cable Services or Other Services or adds any
additional programming service to the Customer's cable subscription by allowing for a risk-
free discontinuation of unsatisfactory services. Any such Customer who adds Cable
Services or Other Services to his or her account, and then requests discontinuation of such
2
December 18, 2018 G - 44
service within thirty (30) days due to dissatisfaction with the service, shall receive a credit to
his/her account in an amount equal to the pro rata charge for the remaining days of service
following the request to disconnect. If a Customer subscribes to a service under a promotion
that provides free service and chooses to disconnect during the promotion window, there
shall be no charge of any kind for the service or for disconnection of the service. Upon a
Customer's request, a Franchisee will promptly downgrade or disconnect the Customer from
the Franchisee's Cable system.
2. Office Availability.
2.1. Franchisee will maintain a Customer Service Center within or near the City limits. The
Customer Service Center will be open for walk-in traffic at least nine (9) hours per day
(except legal holidays) Monday through Friday, with some evening hours, and at least six
(6) hours on Saturday to allow Subscribers to pay bills, drop off equipment and to pick up
equipment.
2. 2. Each Franchisee will perform service calls, installations, and disconnects at least twelve (12)
hours per day Monday through Saturday, except legal holidays, provided that a Franchisee
will respond to outages twenty-four (24) hours a day, seven (7) days a week.
3. Telephones. All Call Response statistics shall be measured on the basis of call response statistics
for all call centers that serve Subscribers. If the call centers serve Subscribers located in other
communities, the Franchisee shall insure that call center representatives do not give priority or
preferential treatment to Subscribers located in other communities.
3.1. Definitions of Call Response terms.
3.1.1. "Answer Time" is the interval between when the Franchisee receives a call and when
an interactive voice response (IVR) or agent answers.
3.1.2. "Speed of Answer" is the amount of time between when the Customer is transferred
into the agent queue from either an IVR or an agent and the time an agent
answers.
3.1.3 "Calls Abandoned" is the percentage of calls in any agent queue that are abandoned,
disconnected or dropped for any reason.
3.2. Each Franchisee shall establish a publicly listed local toll-free telephone number. The phone
will be answered by a CSR twenty-four (24) hours per day, seven (7) days per week, so that
the Franchisee can respond to requests for service, complaints, inquiries and outages as
required herein.
3.3. Standards for Call Response.
3.3.1. Answer Time will not exceed thirty (30) seconds. Under Normal Operating
Conditions, the Franchisee shall meet this requirement at least ninety (80) percent
of the time measured on a quarterly basis.
3.3.2. The average Speed of Answer shall not exceed thirty (30) seconds. Under Normal
Operating Conditions, the Franchisee shall meet this requirement at least ninety (80)
percent of the time measured on a quarterly basis...
3
December 18, 2018 G - 45
3.3.3. The percentage of Calls Abandoned shall not exceed three (3) percent under Normal
Operating Conditions.
3.4. Customer Service Reports.
3.4.1. At the request of the City, a Franchisee shall submit reports on all Customer Service
Standards identified herein during each successive calendar quarter for the term of
the Franchise, except as otherwise might be provided herein. If a Franchisee's
reports for two (2) quarters within a calendar year fail to demonstrate that the
Franchisee has complied with any Customer Service Standard, the Franchisee shall
thereafter submit monthly reports about performance of each such requirement until
it reports three (3) consecutive months with less than five (5) percent deviation from
any minimum required standard, unless the Franchisee demonstrates to the City's
satisfaction that the deviation occurred when it was not operating under Normal
Operating Conditions as defined in 47 C.F.R. §76.309, and the Franchisee submits
a report to the City regarding the nature and duration of such non -Normal Operating
Conditions.
3.4.2. Timing. A Franchisee shall submit quarterly reports if requested by the City within
thirty (30) days after the close of the applicable reporting period. Each report shall
include data from the applicable reporting period.
3.4.3. Compliance. If a quarterly report indicated that a Franchisee has failed to meet any
of the minimum required standards, the Franchisee shall provide a written
explanation of the deviation within ten (10) business days of the report, including
steps being taken to cure the deviation, and the time expected to implement the cure.
A Franchisee must cure within thirty (30) days unless a longer period is agreed to in
writing by the City, which agreement shall not be unreasonably withheld.
4. Confirmation of Initial Service Request, Change in Service, or Disconnection. Promptly after a
Subscriber request for initial service, for service changes/upgrades/downgrades, and/or for
scheduling of service call, a Franchisee shall send electronically clear and concise written
confirmation to the Subscriber. This confirmation should include the services chosen by the
Subscriber including any up upfront costs, and a reasonable summary of the subscribers' regular
bill including taxes and fees.
5. Scheduling Work.
5.1. All appointments for service, installation, or disconnection will be specified by date. Each
Franchisee will set a specific time at which the work will be done, or offer a choice of time
blocks, which will not exceed four (4) hours in length. A Franchisee may also, upon request,
schedule service installation calls outside normal business hours, for the express
convenience of the Customer.
5.2. If at anytime an installer or technician is late for an appointment and/or believes a scheduled
appointment time will be missed, an attempt to contact the Customer will be made before
the end of the appointment window and the appointment rescheduled at a time convenient
to the Customer.
5.3 Franchisee will offer to Subscribers who have experienced a missed appointments (where
the missed appointments was due to the fault of the Franchisee) a credit on the Subscriber's
bill in the amount of twenty dollars ($20) or a substantially similar benefit.
4
December 18, 2018 G - 46
5.4. If the Franchisee makes reasonable and no less than three (3) attempts to confirm an
appointment during the scheduled appointment time or appointment window and is
unsuccessful in obtaining such confirmation, the Franchisee may assume that the Customer
has cancelled the appointment.
5.5 Under normal operating conditions, the service standards set forth in Sections 4.1-4.4 will
be met at least ninety-five percent (95%) of the time, measured on a quarterly basis.
6. Service Standards.
6.1. Under Normal Operating Conditions, requests for service, repair, and maintenance must be
acknowledged by a trained Customer Service Representative within twenty-four (24) hours,
or before the end of the next business day, whichever is earlier.
6.2. A Franchisee will respond to all other customer inquiries (including billing inquiries) within
twenty-four (24) hours of the inquiry or Complaint.
6.3. Under Normal Operating Conditions, repairs and maintenance for outages or service
interruptions that are caused by Franchisee's equipment and that involve a loss reception
on all channels or affect five (5) or more customers must be completed within twenty-four
(24) hours after the outage or interruption becomes known to Franchisee, where the
Franchisee has adequate access to facilities to which it must have access in order to remedy
the problem.
6.4. Under Normal Operating Conditions, work to correct all other service problems must be
begun by the next business day after notification of the service problem, and must be
completed within five (5) business days from the date of the initial notification of a problem.
6.5. When Normal Operating Conditions do not exist, a Franchisee will complete the work in the
shortest time possible.
6.6. A Franchisee will not cancel a service or installation appointment with a Customer after the
close of business on the business day preceding the scheduled appointment, whichever is
earlier.
6.7. Under Normal Operating Conditions, the service standards set forth in Sections 5.1 - 5.7 will
be met at least ninety-five percent (95%) of the time, measured on a quarterly basis.
7. Disabled Services. With regard to Subscribers with verified disabilities that would prevent them
from picking up or delivery equipment, upon Subscriber request, each Franchisee will arrange for
pickup and/or replacement of converters or other Franchisee equipment at the Subscriber's
address or by a satisfactory equivalent (such as the provision of a postage -prepaid mailer) at no
charge to the Subscriber.
8. Notice to Subscribers regarding Service. A Franchisee will provide each Subscriber at the time
service is installed, and annually thereafter in correspondence in a manner consistent with federal
law, clear and accurate written information with regard to:
8.1. Products and services offered by a Franchisee, including its channel lineup;
8.2. Process and procedures for a service call, filing a Complaint, or requesting an adjustment
(including when a Subscriber is entitled to refunds for outages and how to obtain them);
5
December 18, 2018 G - 47
8.3. The telephone number and address of the City office responsible for administering the Cable
Television Franchise;
8.4. Information regarding the current rates and charges for all services, products, and equipment
provided by the Franchisee, Channel positions, delinquent Subscriber disconnect and
reconnect procedures; information regarding the availability of parental control devices, the
conditions under which they will be provided, and the cost (if any) to be charged;
8.5. Descriptions of any discounts, services, or specialized equipment available to Subscribers
who are seniors or with disabilities; explaining how to obtain them; and explaining how to
use any accessibility features;
8.6. Installation and service maintenance policies, including the Customer responsibilities for
equipment;
8.7. Instruction on the use of cable TV service, remote control, and all other equipment provided
by a Franchisee; and
8.8. Days, hours of operation, and locations of the Customer Service Centers.
9. Changes in Noticed Information. Franchisee will provide to the City (or designee) at least thirty
(30) days in advance, and to all Subscribers at least thirty (30) days in advance, written notice of
any material changes in the information required to be provided under these Customer Service
Standards, except that, if federal law establishes a shorter notice period and preempts this
requirement, the federal requirement will apply.
10. Truth in Advertisinq. Each Franchisee will take appropriate steps to ensure that all written
Franchisee promotional materials, announcements, and advertising of residential Cable Services
to Subscribers and the general public, where price information is listed in any manner, clearly and
accurately discloses price terms and is in compliance with FCC Section 76.946. In the case of
telephone orders, a Franchisee will take appropriate steps to ensure that price terms are clearly
and accurately disclosed to potential Customers in advance of taking the order.
11. Interruptions of Service. A Franchisee shall inform Subscribers and the City three (3) days prior
to any scheduled or planned interruption of service for planned maintenance or construction;
provided, however, that planned maintenance that does not require more than one (1) hour
interruption of service and/or that occurs between the hours of 12:00 a.m. and 6:00 a.m. will not
require such notice to Subscribers. Notification to Customers of a planned outage may take the
form of a door hanger, a message or insert into the monthly bill, or a telephone call, supplemented
with on-screen messages announcing the planned outage. The Franchisee's Internet Service
Customers may receive notification by e-mail to the address specified by the Customer.
12. Billing Statement.
12.1. A Franchisee's monthly billing statement must be clear, concise, and understandable; must
itemize each category of service and equipment provided to the Subscriber; and must state
clearly the charges therefor. The Franchisee shall provide a due date on each bill that is at
least 30 days from the beginning date of the applicable billing cycle. A monthly bill shall be
issued to all customers regardless of balance due. The customer shall retain the option of
whether to receive bills by mail or electronically.
6
December 18, 2018 G - 48
12.2. The Franchisee shall respond to a customer's billing inquiry, general question, or comment
made by telephone or e-mail within 48 business hours after receipt.
12.3 If a Customer's service bill is not paid by the due date the Franchisee may apply an
administrative/late fee to the Customer's account. If the Customer's bill is not paid within
45 days of the beginning date of the applicable service period, the Franchisee may
perform a "soft" disconnect of the Customer's service. If the Customer's service bill is not
paid within 52 days of the beginning of the applicable service period, the Franchisee may
disconnect the Customer's service, but only upon showing that it provided ten days' notice
to the Customer that such disconnection may result.
12.3. An administrative/late fee may not be imposed unless the outstanding balance exceeds
$10.00 and late fees may not exceed $10.00 per incident.
12.4. Subscribers will not be charged a late fee or otherwise penalized for any failure by a
Franchisee, including failure to timely or correctly bill the Subscriber, or failure to properly
credit the Subscriber for a payment timely made. Payments will be considered timely if
postmarked on the due date.
12.5. A Franchisee's bill must permit a Subscriber to remit payment by mail, electronically, or in
Person at the Franchisee's local office or at a listed drop-off location.
13. Credit for Service Impairment.
13.1. A Subscriber's account will be credited a prorated share of the monthly charge for the
service upon Subscriber request if a Subscriber is without service or if service is
substantially impaired for any reason for a period exceeding four (4) hours during any
twenty-four (24) hour period.
13.2. A Franchisee need not credit Subscriber where it establishes that a Subscriber will obtain
a refund for a loss of service or impairment caused by the Subscriber or by Subscriber -
owned equipment (not including, for purposes of this Section 13.2, in-home wiring installed
by Franchisee).
14. Billing Complaints. Franchisee shall provide an initial response or acknowledgement to all written
billing Complaints from Subscribers within 48 hours of receipt of the Complaint and a final written
response within thirty (15) days of receipt of the Complaint.
15. Billing Refunds. Refunds to Subscribers will be issued no later than:
15.1. The later of the Subscriber's next billing cycle following resolution of the refund request, or
thirty (30) days; or
15.2 The date of return of all Equipment to Franchisee, if Cable Service has been terminated.
16. Credits for Cable Service. Credits for Cable service will be issued no later than the Subscriber's
next billing cycle after the determination that the credit is warranted.
17. Disconnection/Downgrades.
17.1. A Subscriber may terminate service at anytime.
7
December 18, 2018 G - 49
17.2. If a Customer requests cancellation of any or all services, billing for affected services shall
end on the same day, or on the future date for which the cancellation is requested. After
the requested, cancellation date, the Customer shall not be responsible for cable services
delivered. The Franchisee must refund any credit balance owed the Customer, less any
owed or disputed amounts, within 30 days after the close of the Customer's billing cycle
following the return of the equipment and request for cancellation No period of notice before
voluntary termination or downgrade of Cable service may be required of Subscribers by
any Franchisee. There will be no charge for disconnection and any downgrade charges
will conform to applicable law.
18. Security Deposit. Any security deposit and/or other funds due a Subscriber that disconnects or
downgrades service will be returned to the Subscriber within thirty (30) days or in the next billing
cycle, whichever is later, from the date disconnection or downgrade was requested except in
cases where the Subscriber does not permit the Franchisee to recover its equipment, in which
case the amounts owed will be paid to Subscribers within thirty (30) days of the date the equipment
was recovered, or in the next billing cycle, whichever is later.
19. Disconnection due to Nonpayment.
19.1. A Franchisee may not disconnect a Subscriber's Cable service for non-payment unless:
19.1.1. The Subscriber is delinquent in payment for Cable service;
19.1.2. The Subscriber fails to pay the amounts owed to avoid disconnection by the date of
disconnection; and
19.1.3 Franchisee has responded in writing to any pending written inquiry regarding the bill
at issue.
19.2. If the Subscriber pays all amounts due, including late charges, before the date scheduled
for disconnection, the Franchisee will not disconnect service. Service may only be
terminated on days in which the Customer can reach a representative of the Franchisee
either in person or by telephone.
19.3. The Franchisee will promptly reinstate service after disconnection (except as noted below)
upon payment by the Subscriber in full of all proper fees or charges, including the payment
of the reconnection charge, if any.
20. Immediate Disconnection. A Franchisee may immediately disconnect a Subscriber for any lawful
reasons, including but not limited to:
20.1. The Subscriber is damaging, destroying, or unlawfully tampering with or has damaged or
destroyed or unlawfully tampered with the Franchisee's Cable System;
20.2. The Subscriber is not authorized to receive a service, and is facilitating, aiding or abetting
the unauthorized receipt of service by others; or
20.3. Subscriber -installed or attached equipment is resulting in signal leakage that is in violation
of FCC rules.
20.4. Abusive behavior by Customer toward a Franchisee or a Franchisee's employee.
8
December 18, 2018 G - 50
21. Deposits. A Franchisee may require a reasonable, non-discriminatory deposit on equipment
provided to Subscribers. Deposits will be placed in an interest-bearing account, and the
Franchisee will return the deposit, plus interest earned to the date the deposit is returned to the
Subscriber, less any amount the Franchisee can demonstrate should be deducted for damage to
such equipment.
22. Parental Control Option. Without limiting a Franchisee's obligations under Federal law, a
Franchisee must provide parental control devices at no charge to all Subscribers who request
them that enable the Subscriber to block the video and audio portion of any Channel or Channels
of programming.
23. Escalated Complaint. Any Customer who is dissatisfied with any proposed disposition of a
Complaint by a Franchisee or who has not received a decision within the required fifteen (15)
day period shall be entitled to have the Complaint reviewed by the City.
23.1. The Customer may initiate the review either by calling the City or by filing a written
Complaint, by letter or in electronic form, together with a Franchisee's written decision, if
any, with the City.
23.2. The Franchisee must attempt to contact the Subscriber who is the subject of the
Escalated Complaints within two business days of receiving the Escalated Complaint
notice from the City.
9
December 18, 2018 G - 51
SETTLEMENT, COMPROMISE AND MUTUAL RELEASE OF CLAIMS
THIS AGREEMENT is entered into this day of December, 2018, between the City of Port
Angeles, a Washington municipal corporation, hereafter the "City", and WaveDivision 111, LLC,
a Washington limited liability company d/b/a Wave Broadband, hereafter "Wave", sometimes
collectively referred to as the "Parties".
In consideration of mutual benefits derived from the terms and agreements contained in the New
Franchise, identified below, and of the terms and agreements set forth in this Agreement, the
City and Wave hereby covenant, recite and agree as follows:
1. Recitals.
A. On the 21s' day of May, 2002, the City adopted a Franchise Agreement granting to
Northland Cable a non-exclusive franchise by Ordinance No. 3116; and
B. On the 18th day of February, 2003 the City adopted Ordinance No. 3183, approving the
transfer and assignment of the Cable Television Franchise Ordinance No. 3116 to operate a
cable television system in the City of Port Angeles; and
C. All the Agreements identified in Paragraphs A and B above collectively may be referred
to as "the Franchise Agreements"; and
D. The Parties have negotiated a new Franchise, thereafter "the New Franchise," to replace
the Franchise Agreements. The New Franchise is that television cable franchise adopted and
approved by the Port Angeles City Council on December , 2018 in Ordinance No.
E. The City has made certain claims regarding the Franchise Agreements, including but not
limited to the matters raised in the letters from the City dated March 18, 2016 (Port Angeles
Franchise Fee Report Dated March 18, 2016) and March 29, 2016 (Preliminary Review of
Port Angeles Cable Television Franchise Ordinance Dated March 29, 2016) (collectively, the
"Claim Letters"). Wave has disputed the claims stated in the Claims Letters and denies any
wrongdoing or non-compliance with the Franchise Agreements. The parties now wish to
resolve their disputes under the terms and agreements set forth in this Agreement and in the
New Franchise Agreement.
2. Payments to City.
In full settlement of all claims that the City made or could have made against Wave in
connection with the Franchise Agreements or the Claims letters, Wave shall pay to the City
within 30 days after this Agreement is signed a one-time $50,000 payment There are no
restrictions on how the City uses this payment, and Wave shall not pass through the amount
of the payment on to its cable television subscribers.
December 18, 2018 G - 52
3. Relationship Between Obligations of this Agreements and Obligations in the New Franchise.
Wave stipulates and agrees that the monetary value of the payments and obligations stated in
this Agreement shall not be deemed franchise fees and are in addition to Wave's obligation
stated in the New Franchise to pay to the City a 5% franchise fee.
4. Release of All Claims.
Each Party (the "Releasing Party") does hereby waive and release the other from, and does
hereby acknowledge the full and complete settlement, compromise, and satisfaction of any
and all claims, causes of action, damages, demands and rights, known or unknown, asserted
and unasserted (collectively "Claims") it may have against the other Party and such other
Party's affiliates, parents, subsidiaries, members and shareholders, and such other Party's
current and former employees, attorneys, officers, directors, agents and representatives (the
"Released Parties") arising from or relating to the Franchise Agreements, including without
limitation the Claims Letters (collectively, the "Released Claims"). Each Releasing Party
knowingly, irrevocably and voluntarily releases and forever discharges the other Party and
such other Released Parties from any and all Claims which the Releasing Party may have
against the Released Parties.
5. Entire Agreement.
This settlement agreement sets forth the entire agreement of the Parties and may be modified
only by written instrument duly executed by each party.
6. Advice of Counsel.
The undersigned Parties acknowledge, represent, and agree that they have read this
settlement agreement, fully understand the terms and legal implications of this settlement
agreement, and that they have each been advised to consult with their own independent legal
counsel in regard to this settlement agreement and have done so before signing this
agreement.
7. Construction of Agreement.
The language of this settlement agreement shall be construed according to the law of
Washington, shall be interpreted as a whole and without implying a presumption that the
terms of this Agreement shall be more strictly construed against any party, it being
acknowledged and agreed that both parties have participated in the making of this agreement.
Venue for any action arising out of this agreement shall be in the Superior Court for Clallam
County, Washington.
8. Non Disparagement. _
Each of the Parties agrees not to disparage, criticize or make any derogatory remarks about
any of the others, their reputations, businesses or personal activities.
2
December 18, 2018 G - 53
9. Authority, Binding Effect.
The parties to this agreement represent and warranty that they have the right and exclusive
authority to execute and enter into this agreement and receive the consideration therefor.
This Agreement is binding upon, and shall inure to the benefit of, the parties and their
respective heirs, legatees, representatives, successors, and assigns
SO AGREED this day of December, 2018.
CITY OF PORT ANGELES
Nathan West, City Manager
Approved as to form:
By:
Attest:
By: _
William E. Bloor, City Attorney
Kari Martinez -Bailey, City Clerk
WaveDivision I, LLC
By:
Printed Name:
Title:
3
December 18, 2018 G - 54
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
I certify that I know or have satisfactory evidence that Nathan West is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the City
Manager of the CITY of PORT ANGELES, a Washington municipal corporation, to be the free
and voluntary act and deed of said party for the uses and purposes mentioned in the
instrument.
Dated:
Notary
Public
[Seal or Stamp] Printed Name:
My appointment expires
STATE OF WASHINGTON)
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that signed this
instrument, on oath stated that was authorized to execute the instrument and
acknowledged it as the of WaveDivision I, LLC a Washington limited
liability company, to be the free and voluntary act and deed of said party for the uses and
purposes mentioned in the instrument.
Dated:
Notary
Public
[Seal or Stamp] Printed Name:
My appointment expires
4
December 18, 2018 G - 55
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing and granting a television cable franchise to WAVE
Division III, LLC .
WHEREAS, cable television is an important service to many in the City of Port
Angeles; and
WHEREAS, the City of Port Angeles and WAVE Division III, LLC have agreed on
terms, conditions, and provisions for a new television cable franchise to replace the existing
franchise; and
WHEREAS, the terms, conditions, and provisions for a new television cable franchise
are set forth in full in the Franchise Agreement, which is attached hereto and marked as
Exhibit "A"; and
WHEREAS, the City Council finds that the terms, conditions, and provisions for a
new television cable franchise are in the best interests of the citizens of Port Angeles,
NOW, THEREFORE, the City Council of the City of Port Angeles, Washington, do
ordain as follows:
Section 1. The City of Port Angeles approved and adopts the Franchise Agreement,
dated , 2018, which is as attached hereto as Exhibit "A," and is incorporated
into this ordinance as if set out in full.
Section 2. The City Clerk and the codifiers of this ordinance are authorized to
correct scrivener's/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
de
December 18, 2018 G - 56
Section 3. This Ordinance exercises authority granted exclusively to the City
Council and is not subject to referendum. It shall be in force and take effect 5 (five) days
after publication according to law.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting of said Council on the day of December, 2018.
ATTEST:
Kari Martinez -Bailey, City Clerk
PUBLISHED: , 2018
By Summary
Sissi Bruch Mayor
APPROVED AS TO FORM:
William E. Bloor, City Attorney
IPA
December 18, 2018 G - 57
tfM POR-T-ANGELES CITY COUNCIL
WASH I N G T o N, u. s. MEMO
Date: December 18, 2018
To: City Council
From: Allyson Brekke, Director of Community and Economic Development
William Bloor, City Attorney
Subject: Resolution to Create a Multi -Unit Dwellings Tax Exemption
Summary: To encourage increased residential opportunities, including new multifamily housing and the
rehabilitation of existing vacant multifamily housing, Chapter 84.14 RCW authorizes special property tax
valuations for eligible improvements that create such housing opportunities. The first step in creating the
multi -unit dwelling tax exemption is designation of "targeted areas," within which projects may be eligible
for the tax exemption. And, the initial step in creating the targeted areas is to give public notice and hold
a hearing. The attached resolution accomplishes that initial step.
Funding: The action here proposed does not involve any monetary commitment by the city. However,
the adoption of a final ordinance may exempt from property tax for a specified period of time the value of
new housing construction, conversion, and rehabilitation improvements that qualify under terms of the
ordinance.
Recommendation: Adopt the attached resolution
Background / Analysis: It is generally recognized and acknowledged and that in many cities in
Washington, including in Port Angeles, there is insufficient availability of desirable and convenient
residential units, including affordable housing units, to meet the growing needs of the public. The
development of additional and desirable residential units, including affordable housing and multi -unit
dwellings, is a goal that has been adopted by many cities in Washington. Several approaches have been
used to encourage the development of such housing, and many cities use a combination of several different
approaches. One popular tool to encourage this additional housing is found in Chapter 84.14 RCW. That
chapter provides a special property tax exemption for new and rehabilitated multiple unit dwellings. It is
generally accepted that the tax exemption provided in this chapter provides many benefits and few
disadvantages.
The creation of this tax exemption requires action by the City Council. First, the Council must designate
"targeted areas." Those are areas within the city that satisfy the statutory requirements and are designated
by the Council as areas within which development projects are eligible for the tax exemption.
After the targeted areas are designated, the City Council must then adopt an ordinance that establishes the
existence of the tax exemption and the procedure by which a developer may apply for the exemption and
the city may grant the exemption. The targeted areas must be designated before the Council adopts the
ordinance.
The procedure to designate targeted areas requires that the council hold a public hearing to consider
proposed target areas. Prior to the hearing, notice must be given to the public. The notice must include a
description of the proposed targeted areas, and the date and time when the council will hold a hearing to
December 18, 2018 H - 1
consider the proposed targeted areas. The attached resolution does that. It provides that, at the next city
Council meeting, January 15, 2019, the Council will hold a hearing to consider designating targeted areas.
The proposed targeted areas are shown in the attachment to the resolution. At the hearing, the Council may
elect to adopt the proposal, reject the proposal, or designate targeted areas other than those shown in the
proposal.
If the Council does designate targeted areas, then city staff will bring to the Council at a later meeting the
ordinance that is required to create the tax exemption and established administrative procedures for
processing applications.
Funding Overview: The action here proposed does not involve any monetary commitment by the city.
However, the adoption of a final ordinance may exempt from property tax for a specified period of time the
value of new housing construction, conversion, and rehabilitation improvements that qualify under terms
of the ordinance.
Attachments: Resolution and Map
December 18, 2018 H - 2
RESOLUTION NO.
A Resolution Of The City Council Of The City Of Port Angeles,
Washington, Notifying The Public Of Its Intent To Designate Certain
Areas Of The City As The Residential Targeted Areas For The Purpose
Of Establishing A Multifamily Property Tax Exemption Program And
Setting The Required Public Hearing.
WHEREAS, Chapter 84.14 of the Revised Code of Washington provides for special
valuations to encourage increased multi -unit residential opportunities, including affordable
housing opportunities; and
WHEREAS, the Port Angeles City Council hereby declares its intent to encourage and
support the supply of affordable and multifamily housing within the City by using existing
tools, such as the tax exemption opportunity offered by Chapter 84.14 RCW; and
WHEREAS, in order to establish the property tax exemption program that is
authorized by Chapter 84.14 RCW, the City must designate, consistent with the criteria in
RCW 84.14.040, one or more residential targeted areas within which property tax exempt
projects may be considered; and
WHEREAS, RCW 84.14.040(2) states that a governing authority may adopt a
resolution of intent to designate one or more areas, thereby notifying the public of its intent;
and
WHEREAS, the resolution must state the time and place of a hearing to be held by the
governing authority to consider the designation of the targeted area(s); and
WHEREAS, notice of the public hearing shall be published once each week for two
consecutive weeks, not less than seven days, nor more than thirty days before the date of the
hearing,
December 18, 2018 H - 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles that:
Section 1. The City Council intends to designate those areas shown in Exhibit A
attached to this resolution as the residential targeted areas for the purposes of establishing a
multiple -unit dwelling property tax exemption program pursuant to Chapter 84.14 RCW.
Section 2. A public hearing to seek public comment on and consider the designation
of these areas as residential targeted areas will be held at the regular meeting of the City
Council on January 15, 2019 at 6:30 p.m., or as soon thereafter as possible, in the Port Angeles
City Council Chambers located at 321 E. 5Tn Street.
Section 3. Notice of the hearing shall be given in accordance with RCW 84.14.040(3).
PASSED by the City Council this 18th day of December 2018.
Sissi Bruch, Mayor
ATTEST: APPROVED AS TO FORM:
Kari Martinez -Bailey, City Clerk
EXHIBIT A: PROPERTY MAP
William E. Bloor, City Attorney
December 18, 2018 H - 4
C O PORT qNc(
G �7
gBli—
11-OM
gdiz Hook Rd -.--------_.
N
Vertical Datum = NAVD 88
Horizontal Datum = NAD 83/91
- p' Walker of 1,s
�—
��� s6° Residental Targeted Areas
ng F"Irs C;i,
ti///Pursuantto RCW84.14.040
St
OY
h
Saddle Club Rdcj
OSt e3c P `�05, Rai�ov' C8`C h
y S Ah S �qke `0JS
i; s hs Oae 4e 0 h h
S y
v 7S A� eo �%� a° 4y A�
u
y
`a'rnnid 7/1 S7 o!h a?`°
y Ai PorrR a77r
h s s aes1�G /�
Edgewood Dr CaUtltlse sh�s
BIVtl - ,h p
Sp, t y _ 3ro
Ra R ai sP nest �@t shy / ; e an
Sm
E e s�-----
evwooa w��, Kellerb
v
P 6Y
-ArMin Ave �(C��
:SParrow Ln we„S„s� J xy m _
Jakes Rd
FI sey Ln _ _ _ o rn _ I au
o uP tlsen °a USN
nes a aniem \.� h
r b -.,R Res �+ S onaF
US HWY cn ' F Foga 8�— V tl 6/h Sl U7
101 = ¢ 81 s WY
$ oar 8
a
v'
pd DoyleRd o -
.............. h, o O restnve
5 HwY 707 _--- y B own R vy
j S
%n Jth g
---_- a ery Rp; co umous nv vesnov ve s 8� tt to
A @-
&c Fields Dr � Wntltlan
o —IW o@ w o, okr„nppe r„ y Park A—
Chidkd.e Le ooa65 � "'i, � o
F' -- 'a v Grant AvewU.
Foxl Oo,k' .e a e Me oyy c,r �l
_ 9ove Lnr �.
ez
w tt ° Uewcrest Ave m Olympus Ave
y $' _ l
i Melody Lo Liodberg Rd
m
0 p9 Cralg Ave
U am Cbell qve
x G r q —
Ben Rd `m vee a e5 c P 000, Vlla9ec0.
Wll
Rd J
A.�i�,.reet or H oy pd yo rt
Y g c s[Dr� e.11—Ave
A
ve I Eokertl '(��\n� S
eko} lders Rdcddock Rd
ue B
r I evr
tle', est Tra �a
P p
Pace P n s P N a� o
Rli tl s Rd �°f m� R°oXDr Femwood
fl urt c �WY U'
-- _Rtl
Scribner Rd
e��� Brown
m
Allc Rd - Ho. Rn w -
Qa. Scr/v Rd
Scno er Rd
01
, O 5; Map Legend
M / wnBMlltiU,itTal Exemption
wesfndg Clty Boundary
00 3
o T County Jurisdiction
Harbor
This map is not intended to he used as a legal description.
This map/drawing is produced by the City ofl'ortAngeles for its own use and purposes.
December 18 2018 Any other use ofthis map/drawing shall not he the responsibility ofthe City. H - J
G
i S./ArelrfoMisc/Sx11 Multi Unit Dwelling Tax Exemption Map. mxd
.;G� POR -T -ANGELES CITY COUNCIL
WASH I N G T O N, u, S, MEMO
Date: December 18, 2018
To: City Council
From: James Burke, Director Public Works & Utilities
Subject: Washington State Transportation Improvement Board Grant Acceptance: Lauridsen
Boulevard Overlay (TR0515)
Summary: The purpose of this memo is to accept the Washington State Transportation Board grant for
the overlay of Lauridsen Boulevard. This project is only one of 14 projects selected by the Washington
State Transportation Improvement Board (TIB) to receive grant funding for arterial pavement
preservation. This grant will provide funding to overlay Lauridsen Boulevard between Lincoln Street and
Lauridsen Court (west of Race Street), with new asphalt surfacing.
Funding: TIB Grant funding $580,800
Transportation Benefit District $300,000 (City Grant Match Obligation)
Transportation Benefit District $100,000 (Non Grant Eligible Project Components)
Recommendation: Accept the Washington State Transportation Board (TIB) grant in the amount of
$580,800; authorize the City Manager to execute an agreement for the TIB grant; and authorize the use of
Transportation Benefit District funds for the remaining project match.
Background / Analysis: To help maintain pavement conditions throughout the State, the Washington
State Transportation Improvement Board (TIB) funds high-priority arterial pavement preservation
projects. TIB recently selected 14 projects to receive $5.8M in total funding through the statewide
Arterial Preservation Program. The City was successful in obtaining a TIB grant from this program in the
amount of $580,800 to overlay Lauridsen Boulevard, between Lincoln Street and Lauridsen Court (west
of Race Street), with new asphalt surfacing.
The Lauridsen Boulevard Overlay Project (TR0515), included in the CFP, was originally programed for
construction in 2020. With the award of this grant, the project completion will be accelerated to 2019.
This project will be combined with the Lauridsen Boulevard Traffic Calming Project (TR0217), which is
also included in the CFP and originally scheduled for 2020.
The Traffic Calming project includes curb ramp upgrades to improve ADA access along Lauridsen, rapid
flash crossing beacons near Jefferson Elementary School, and revised pavement markings to improve
traffic safety along Lauridsen Boulevard. Design for both projects will be performed in house. The total
estimated construction cost for the combined projects is $980,800.
This project supports the City's Comprehensive Plan:
• Goal (G -4A) "To develop a coordinated, multimodal system, which services all areas of the
city and all types of'users in a safe, economical, and efficient manner"
• Goal (G-413) "To improve circulation patterns across and within the community, and to
achieve the desired urban design of'the City"
December 18, 2018 I - 1
Funding Overview: This project will utilize Transportation Benefit District (TBD) sales tax funding,
which was approved by voters in August 2017. To accelerate construction of the project by one year, the
following TBD funded projects will be deferred until the year 2020: Peabody Street Chip Seal Phase 2
(TR0215) and Peabody Chip Seal Phase 3 (TR0315). Available funding is summarized in Table 1.
Table 1 — Available Funding
Funding Source
Cost
Percent of
Project
TIB Grant - Project TR0515
$580,800
59%
City TBD - Project TR0515
$300,000
31%
City TBD - Project TR0217 (non -grant eligible project components)
$100,000
10%
Total Construction Cost Estimate
$980,800
December 18, 2018 1 - 2
Schedule
Page 1 of 2
We t,4 e cookies. F;iind z: tvt allbot t co l'lydes Ihere. F,'(y c inn infling to 1 �rovvse the s site ok.a sire a
ok.ii-t.me of cookies. Accept
OF WASHINGTON
Schedule
4.- All events are held at the Hotel RL Olympia unless otherwise
I rel noted.
Coin-feireirice Subject to change.
II ii in IIs
co,rfrem,, c Take note: Afternoon start time this year
h a irri, e,
The City Action Days opening general session will kick off this
IVIII... cr-edit
year on Wednesday, February 13 at 2 pm. Arrive early
Ho". m'i" g Wednesday if you wish to attend our optional early -start
sched�..aile sessions, beginning at 9:15 am (limited space available). See
Is iris mhilp you there!
February 13
7 am — 1:30 pm Committee meetings (times vary, invited
members only)
9:15 — 10:15 am Early start: Advocacy Academy 101
(included in registration)
10:30 — 11:30 Early start: Advocacy Academy 201
am (included in registration)
11:30 am — 1 Networking lunch
pm
2 — 4 pm General session
5:30 — 7 pm Legislative Reception
Light appetizers and drinks provided,
Dinner on your own.
This popular legislative reception
provides an opportunity to network with
December 18, 2018 1 - 3
https:Hwacities.org/events-education/conferences/city-action-days/schedule 12/13/2018
Schedule Page 2 of 2
legislators, cabinet members, and fellow
local officials. Remember to personally
invite your legislators and consider
connecting with them afterwards for
dinner and discussion.
February 14
7 — 8 am Networking breakfast
8 — 8:30 am General session
8:30 — 9 am
9 — 9:30 am
10-11 am
General session
Governor's
address
AWC welcomes
Governor Jay I nslee
to talk with city
leaders about his
agenda for the year
and his plans to
work with cities.
Concurrent sessions
11:30 am & Appointments with legislators, attend
beyond hearings — shuttle service to/from Hotel
RL and Capitol Campus
December 18, 2018
1-4
https:Hwacities.org/events-education/conferences/city-action-days/schedule 12/13/2018
PUBLIC WORKS CONTRACT STATUS REPORT
October 2018 / November 2018
(COSTS SHOWN INCLUDE APPLICABLE TAXES)
ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL EXCEEDING $35,000
PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS
ROSTER CONTRACTS UNDER $25,000 AWARDED SINCE LAST COUNCIL REPORT
QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST'S OFFICE
CONTRACTOR
ORIGINAL
ORIGINAL
PRIOR
OCT. TO NOV.
REVISED
PROJECT TITLE
BUDGET
CONTRACT
CHANGE
CHANGE
CONTRACT
Sidewalk Trip Hazard
(Construction)
AMOUNT
ORDERS
ORDERS
AMOUNT
TRO 1-18 8r' Street Bridge
$1,400,000
$770,770
-$1,597.62
$0.00
$769,172.38
Protective Screening
CON -2018-21 Tree
$125,000
$125,000
$0.00
$0.00
$125,000
Trimming — 2018
CON -2018-22 Pole Testing
$50,000
$50,000
$0.00
$0.00
$50,000
—2018
TRI l-00 (CON -2018-31)
$2,580,000
$2,523,592.15
$12,880.95
$18,493.46
$2,554,966.56
10r'' Street Reconstruction
'
TRO1-11 (CON -2018-32)
Marine Drive Channel
$739,000
$641,372.61
$0.00
$0.00
$641,372.61
Bridge Improvements
WT04-15 (CON -2018-34)
Whidby Avenue Water
$500,200
$478,225.65
$0.00
$0.00
$478,225.65
Main Replacement
CON -2017-61 Craig
Avenue Road
$106,000
$86,656.60
$0.00
$0.00
$86,656.60
Reconstruction
CLO 1-18 (CON -2018-13)
$200,000
$140,929.56
$0.00
$0.00
$140,929.56
Overhead Reconductoring
CL03-16 (CON -2018-14)
Underground Cable
$200,000
$164,373.30
$0.00
$0.00
$164,373.30
Replacement
PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS
ROSTER CONTRACTS UNDER $25,000 AWARDED SINCE LAST COUNCIL REPORT
QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST'S OFFICE
CONTRACTOR
CONTRACT/
DESCRIPTION
DATE AWARDED
AMOUNT
OR VENDOR
PO #
*Precision Concrete
CON -2018-51
Sidewalk Trip Hazard
November 5, 2018
$10,000
Cutting, Inc.
I
Removal
*Sitkum Tree Service
CON -2018-59
Sequoia Tree Removal
November 30, 2018
$2,174
*Limited Public Works Process
December 18, 2018 L - 1
PUBLIC WORKS GRANT & LOAN STATUS REPORT
October 2018 — November 2018
PROJECT
PROJECT
GRANT/LOAN
.AMOUNT
AWARD
DESCRIPTION
COST
SOURCE & ID
GRANT MATCH/
LISTING
STATUS
LOAN DATA
Power Systems
Emerging Technology
Field Test for High
$34,007 from BPA
Grant agreement
Efficiency Pump
$5,993 from City
canceled November
Systems
Grant
with in-kind
2018 due to
1) Clallam Co.
$40,000
BPA
contributions of
April 2017
escalating labor
Courthouse
#75783
staff time paid from
costs that rendered
2) Clallam Co.
the Energy
the project
Juvenile Family
Efficiency Program
infeasible.
Services Bldg.
Stormwater
$102,000 from
Grant acceptance
Stormwater
approved by
Grant
Financial
Council Feb 2016,
City Hall Parking Lot
$102,000
DOE
Assistance
July 1,
Grant awarded Feb
LID Retrofit
(design only)
#WQSWPC-2016-
Program;
2015
2018. Staff
PoAnPW-00001
No City match
negotiating Grant
required
Agreement with
DOE.
$160,000 from
Grant acceptance
Stormwater
approved by
Grant
Financial
Council Feb 2016.
161 Street LID Retrofit
$160,000
DOE
Assistance
July 1,
Grant awarded Feb
(design only)
#WQSWPC-2016-
Program;
2015
2018. Staff
PoAnPW-00014
No City match
negotiating Grant
required
Agreement with
DOE.
$474,300 from
Grant acceptance
Stormwater
approved by
$680,554
Grant
Financial
Council Feb 2016,
Decant Facility
(including
DOE
Assistance
July 1,
Grant awarded Feb
grant -funded
#WQC-2016-
Program;
2015
2018. Staff
design)
PoAnPW-00368
$83,700 minimum
negotiating Grant
City match required
Agreement withDOE.
$50,000 from
Grant
Stormwater
Capacity Grant
N/A
DOE
Financial
September
Agreement in place
4WQSWCAP-1719-
Assistance
2017
PoAnPW-00121
Program; No City
match required
Wastewater
Transportation
Grant agreement
Grant
$200,000 from
approved by
Hill Street ODT
$200,000
WSDOT
Pedestrian and
June 2015
Council Sept 2016.
(design only)
#LA8992
Bicycle Safety
Consultant contract
Funding
signed. 60% design
completed.
December 18, 2018 L - 2
PROJECT
PROJECT
GRANT/LOAN
.AMOUNT
AWARD
DESCRIPTION
COST
SOURCE & ID
GRANT MATCH/
LISTING
STATUS
LOAN DATA
Transportation
$1,421,700 from
Grant award
RCO WWRP —
notification letter
Trails
received.
$609,300 (30%)
This grant will be
$2,031,000
Grant
required City match
September
awarded upon State
Hill Street ODT
(construction
RCO
(composed of
2018
budget approval by
only)
#TBD
$203,100 cash and
the State
$406,200 grant
Legislature.
funds from a TBD
Anticipated
secondary source)
distribution June
2019.
$398,540 from WA
Grant Agreement
$462000
Grant
Federal Lands
January
signed. Alta design
Race Street Complete
(design o,nly)
FHWA
Access Program;
2015
contract signed.
#DTFH701E3002
$63,761 City
30% design
minimum match
completed.
Grant award
$2,000,000 from
notification letter
Race Street Complete
$2,890,0000
Grant
WA Federal Lands
June
received.
This grant will be
Phase 1- Lauridsen to
(construction
FHWA
Access Program;
2018
used to construct
Olympic Park
only)
#TBD
13.5% minimum
this phase and will
City match
run from 2021-
2023.
$75,000 (design)
and $510,000
Signed agreement
Grant
(construction) from
May 2016. Signed
Marine Drive Channel
$759,583
FHWA/WSDOT
Surface
S
March
supplement May
Bridge
#LA -8898
Transportation
2015
2018. Under
Program;
13.5% minimum
construction.
City match
Grant agreement
approved at
Council Feb 2018.
Grant
$1,250,001 from
Grant Agreement
W. 101 Street (S. I
$2,554,967
TIB
TIB;
November
signed. Additional
Street to S. N Street)
#8-1-150(009)-1
$839,999 minimum
2017
$100k awarded
City match
from TIB and
accepted at Council
July 2018. Under
construction.
December 18, 2018 L - 3
PROJECT
PROJECT
GRANT/LOAN
.AMOUNT
AWARD
DESCRIPTION
COST
SOURCE & ID
GRANT MATCH/
LISTING
STATUS
LOAN DATA
Grant acceptance
approved by
$350,000 from WA
Council Apr 2018.
State 2018
Signed agreement
Grant
Supplemental
May 2018. Initial
8th Street Bridge
$1,000,000
WSDOT
Budget
March
construction
Protective Screening
#LA9332
$124,000 from
2018
completed Sep
private donations
2018. Change
$526,000 City
Order to construct
funds
"ears" on fences at
bridge ends
underway.
Grant acceptance
scheduled for
$580,800 from TIB
Council Dec 2018.
$300,000 minimum
This CFP project,
Lauridsen Boulevard
Grant
City match
November
originally
Overlay
$980,800
TIB
$100,000 City
2018
scheduled for
#3-W-150(002)-1
funds for non -grant
construction in
eligible items
2020, will be built
in 2019 with the
receipt of this
grant.
FEMA
List of Acronyms
AIP: Arterial Improvement Program
BPA: Bonneville Power Administration
BRAC: Bridge Replacement Advisory Committee
DOE: Department of Ecology
DWSRF or SRF: Drinking Water State Revolving Fund or State Revolving Fund
FEMA: Federal Emergency Management Agency
FHWA Federal Highway Administration
NOANet: Northwest Open Access Network
NOSC: North Olympic Salmon Coalition
PASD: Port Angeles School District
PSP: Puget Sound Partnership
PSMP: Pedestrian Safety and Mobility Program
PWB: Public Works Board, administers the PWTF Program
PWTF: Public Works Trust Fund
RCO: Recreation and Conservation Office
RCO WWRP — Trails: Recreation Conservation Office Washington Wildlife and Recreation Program — Trails
SRF: Salmon Recovery Funding
TIB: State of Washington Transportation Improvement Board
TBD To Be Determined
WSDOT: Washington State Department of Transportation
December 18, 2018 L - 4
Electrical Service Area
Service Area: 13.5 square miles
11,000 customers
127 miles of overhead lines
Storm Event Timeline
December 141H
6:00 AM Light Ops staff responds to report power outages
2:15 PM One-third of City Electrical Customers are out of power (multiple tree falls)
2:30 PM City's 11,000 Electrical Customers are out of power
Bonneville Power Administration reports power outage for Olympic Peninsula
10:16 PM Bonneville Power Administration restores power to City of Port Angeles
12:50 AM Power restored to approx.10,000 City electrical customers
December 15tH
10:00 AM All seven substations energized
2:30 PM Approx. 150 City electrical customers out of power
December 16tH
3:45 PM Approx. 100 City electrical customers out of power
8:20 PM Approx. 75 City electrical customers out of power
1:23 AM 6 City electrical customers out of power
December 17tH
9:30 PM Restoration and all known service reconnect efforts complete
� � � ,; �;.
�_
-�- -
�- -t-
,.
-\
v � -c
- _�,�_ -.
�` �.�� Nov `,� - � - -
��,,
��
�� �-- � � _ � � �1. Fri �
Mi
%Z
..vim
RESTORATION.....
64 hours after storm event
December 171h/181h
• 100+ Damaged secondary services repaired by private contractors inspected/reconnected
• Cleanup of downed wires/roadway access clearance
• Multiple reports of downed live lines being addressed
• Multiple reports of leaning poles addressed
• Coordination with other utilities (phone/cable)
To be continued....
• Service reconnects as and when repaired
• Support McKinley Paper in their restoration efforts
• Continue cleanup effort
• Continue to assess damage
QUESTIONS
?