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Home My WebLink About5.449 Original Contract 5. <./</q ~-- !O!~~ RiT:'PJ.: NG- ELES' ~ . " '" , ~. "_,'l ,/ J I . J ' ~r' - ~_ ,., - !:~'" - ,_,~ ,~_, _I"~ _I' ' " WAS H I N G TON, U. S. A. PUBLIC WORKS & UTILITIES DEPARTMENT I (~ November 22,2000 , ! , Gary Smith 2 ~ Chief Information Officer Olympic Medical Center I', 939 Caroline Street ! , ' Port Angeles, W A 98362 ,'" '-, "". ~ ~ ( -, , , 'I' - ': " \ -, '\ , , - "' ! , -, , :' ' _ i' _- ;'1 "., c~< , ~ - - 'I> Reference: Pole Rental Agreement Termination Notice Dear Mr. Smith, On October 17,2000, the City Council approved the Community Telecommunications Action " Plan. the Action Plan includes development of a comprehensive telecommunications ordinance. As part of the comprehensive telecommunications ordinance, we are drafting a new pole attachment ordinance that will replace the pole rental agreement we have with your company and all other parties. The Federal Telecommunications Act requires the City to manage the public rights-of-way, including m~cipally owned utility poles, on a competitively neutral and nondiscriminatory basis a,nd to not create any barriers to entry. The City recently discovered that the pole rental agreements are not consistent with some purposes of the Act. The pole rental agreement allows for termination upon written notice by either party. The current pole rental agreement will continue to be in effect until the new ordinance is adopted by the City Council. It is our intent to adopt the new ordinance by April 2001. Please be assured that upon termination of the agreement, your company will continue to have the City's consent to attach its current infrastructure to City-owned utility poles. The City fully anticipates it will also waive the requirement to remove your infrastructure from municipal' poles as provided by the agreement upon termination. A copy of your pole rental agreement is enclosed. We look forward to working with you to develop a pole attachnient ordinance that will continue to meet the needs of your company and those of the City! Sincerely, ~M ! L~Yle Mayo_r 321 EAST FIFTH STREET · POBOX 1150 · PORT ANGELES, WA 98362-0217 PHON E: 360-417-4805 · FAX. 360-417-4542 · TTY 360-417-4645 E-MAIL: PUBWORKS@CI.PORT-ANGELESWA.US 5.4</:q AMENDMENT TO POLE RENTAL AGREEMENT This AMENDMENT TO POLE RENTAL AGREEMENT is entered into this 2.-2-dayof Jv,....IE ,2000, by and between the City of Port Angeles, Washington, hereinafter called "City", and Olympic Memorial Hospital (also known as Olympic Medical Center), hereinafter called "OMH". The City and OMH hereby agree that Section 1 of the Pole Rental Agreement entered into by the parties on October 8, 1997 shall be amended to read as follows: Section 1. The City hereby grants OMH the use of 5Cv en (7) ten (10) power poles as shown on Exhibit tr A-l. The City's Director of Public Works and Utilities and OMH's Administrator shall be authorized to modify the number of power poles by written amendment of this pole rental agreement. OMH shall comply with all terms, conditions and provisions as set forth in this pole rental agreement. OMH's use of such poles shall be confined to supporting one fiber-optic cable, hereinafter called "equipment". Such equipment shall be used by OMH only for the purpose of erecting and operating a fiber-optic communication system between Olympic Memorial Hospital and 927 Gcorgiana satellite facilities. OMH may upon 180 days written notice be required to remove its equipment and become part of the City's telecommunications system. Dated at Port Angeles, Washington this7V day of J^IJ'J.. ,2000. THE CITY OF PORT ANGELES OLYMPIC MEMORIAL HOSPITAL By: ~,M- Glenn Cutler, Director of Public Works and Utilities By: lv\t~ ~ I. M Mike Glenn, Administrator Attest: 6G~. 4-:JtW^-- Becky J. ton, ity C1er ~, -.},"\ \ ,," 7..' :f.t"11,_ ,,' ( 1-' (' ~, -". 'f.~'" A"'\p~'eaml!.nd ....'grr~~ ~ ~.. .:'''~\Juirt:...l'3~to5d'...4o ..~f .~: ~ ~ 'O"~ , , SJ ..~'1~t:_ ~ .'::- ......... ~CJ J, \;."1 1';: 'il~ (, J ..,:, ;':. ~ '" ,)1';.;~... rn "__ : :"!l"f\L:r-~ ~, t..1_! J; \,0""", \ t L' ,,\ ~ \I i' 7 -, .., S ~~: '.. I' t ); ;;"(~' i L;) :: ~:" 'r'~ ~ ,.!. . ?~~1:," 00 f':'! ",= ~ \~\ ""'e. ' )J ,'~~:~o. '- "\t ,~... ~, '"no. .." ,"..... \ ',. I,}.#J O;CJo.4.:!~ ""\. ~ .......' 11,._ .~f l' , f . \ I r. \ \\' ~'/~ \) it ~ l~ l.' ~~\\ 'il~fH\_l~. ~\ "LEO fO"(tA~ ~:,7-UES1 .r ' ._,~_ _ ". ~_".._._1_~._. ",::::ORr~n lt~-;:f',' ,~. :t '.,0<{ -...t,H Cr) lnus AUG 25 f\l'\ 8: S9 Filed at the Request of: . . . ~::~ ~~~~~s ~~~:s 1IIIIIIIIIlIIIIII cD P.O.Box1150 2005 1163542 ~~~I~; Port Angeles, W A 98362 Interlocal Agreement City Clerk File No.: '5.. ~~ Agreement between the City of Port Angeles and L9~:~clcd ~ purpose:P~ ~ C-~~ ~~ Dated: ~(')~l D< ft!;;,/ff'Y . f- .. ,. PORT ANGELES CITY LT ID:360-417-4709 OCT 08'97 10:09 No.004 P.02'" 5. {j</q POLE RENTAL AGREEMENT THE CITY OF PORT ANGELES, Washington, a municipal corporation, hereinafter called "City", and OLYMPIC MEMORIAL HOSPITAL, hereinafter called "OMH'" mutually agree that the following terms and conditions shall govern OMH's use of City's poles located in Port Angeles, State of Washington, as City may, as hereinafter provided, permit OMH to use: Section 1. The City hereby grants OMH the use of seven (7) power poles as shown on Exhibit A, provided that OMH shall comply with all terms, conditions and provisions as set forth in this pole rental agreement. OMH's use of such poles shall be confined to supporting one fiber-optic cable, hereinafter called "equipment". Such equipment shall be used by OMH only for the purpose of erecting and operating a f1ber- optic communication system between Olympic Memorial Hospital and 927 Georgiana Street. Section 2. OMH shall place and maintain its equipment upon such pole(s): (a) in a safe condition and in thorough repair, (b) in a manner suitable to City and so as not to conflict or interfere with the current or future working use of such poles or facilities by City or others; provided that any costs incurred in moving its equipment when the move is necessitated by any party other than the City shall be paid for by such other party; and. (c) under such requirements and specifications as City may prescribe, and in conformity with all laws and regulations pertaining to pole line construction, including, but not limited to, the latest editions of the National Electrical Safety Code, the National Electric Code, and all other applicable state and local codes. In those cases where OMH's anchorage requirements are not coincident with those of the City, or where requested by the City, OMH shall place separate guys and anchors to hold the strains of its equipment upon said poles. 1 PORT ANGELES CITY LT ID:360-417-4709 OCT 08'97 10:10 No.004"P.'03 r . . Section 3. City may permit OMH to attach its equipment to poles which are jointly used by City and others, in which case OMH shall be responsible to the others to the same extent as though their equipment were the property of the City. OMH will exercise special precautions to avoid damage to the facilities of City and others supported on such poles and agrees to immediately report any damage to the owner of the damaged facilities and to make reimbursement for the entire expense of repairs. Section 4. City reserves to itself the right to maintain its poles and to operate its facilities thereon in such manner as will best enable it to fulfill Its own service requirements. Nothing contained in this agreement shafl be construed to compel the City to maintain any particular pole(s) for a period longer than demanded by its own service requirements. Section 5. No use, however extended, of any pola(s) under this agreement shall create or vest in OMH any ownership or property rights, but OMH's rights therein shall be and remain a mere license, which as to any particular pola(s) may be terminated at any time by City upon thirty (30) days' written notice to OMH. Upon notice from City, OMH shall, within thirty (30) days, remove, relocate, or transfer such equipment to substituted poles in order to provide increased clearance, accommodate additional facilities of City or others, or perform any other work in connection with such equipment that may be required by City; provided that when the relocation is necessitated by any party other than the City, OMH shall be reimbursed its moving expenses by such other party. However, If OMH fails to remove its equipment within thirty (30) days or in cases of emergency, City may, at OMH's sole risk, remove, relocate, or transfer such equipment to substituted poles or perform any other work in connection with such equipment that City deems necessary, and OMH will reimburse City for the entire expense thereby Incurred. Section 6. For the privilege of placing and maintaining such equipment upon such poles, OMH shall pay to the City each year during the existence of this agreement $8.00 rental fee per pole plus an additional $300 administration fee. The total annual rental fee shall be payable on October 31 with the first payment due on October 31, 199B. 2 PORT ANGELES CITY LT ID:360-417-4709 OCT 08'97 10:11 No.004 P.04 In the event that state or federal law is changed to regulate the pole rental rate, the rate charged herein shall be revised to reflect such regulation; provided that if such changed rate is not acceptable to the City, then the City may terminate this agreement as provided in Section 13. Such pole rental payments by OMH shall be exclusive of the utility payments required by City ordinance for use of electric current. Section 7. In addition to all other indemnity and assumption of liability provisions herein contained, It is further expressly agreed that OMH and its Contractors shall pay, save harmless and indemnify the City from any loss or claim against the City on account of or in connection with any activity of OMH or its Contractors in the construction, operation or maintenance of its technical facilities and system services. Section 8. Throughout the life of this agreement, OMH will maintain Insurance in full force and effect with a carrier or carriers selected by OMH and satisfactory to the City, naming the City as an additional insured for: A. Compensation Insurance under and in compliance with all Workmen's Compensation Insurance and Safety Laws of the State of Washington and amendments thereto; B. Bodily Injury Liability Insurance with minimum limits of $1,000,000 for each occurrence; C. Property Damage Liability Insurance with minimum limits of $1,000,000 per occurrence. The insurance described In Band C above shall also provide contractual liability coverage satisfactory to the City with respect to liability assumed by OMH under Section 8 and contain a provision that the policy may not be canceled until thirty (30) days' written notice has been given to the City. Written proof of compliance with the requirements of this section shall be filed with and approved by the City for each polley year. 3 P~RT ANGELES CITY LT I D : 3'60-417-4709 OCT 08'97 10:11 No.004 P.OS Section 9. If OMH defaults in any of its obligations under this agreement and such default shall continue for thirty (30) days after written notice thereof, the City may, by written notice to OMH, immediately terminate this agreement, in which event OMH shall be allowed thirty (30) days from such notification within which to remove its equipment. Section 10. All amounts payable by OMH to the City under the provisions of this agreement shall, unless otherwise specified, be payable within thirty (30) days after presentation of bills therefor. Non-payment of any such amount when due shall constitute a default by OMH under this agreement. Section 11. Nothing herein contained shall be construed as affecting any rights or privileges previously conferred or which may be conferred hereafter by the City I by contract or otherwise, to others not parties to this agreement to use any poles covered by this agreement; and the City shall have the right to continue and extend such rights or privileges. The privileges herein granted to OMH are not exclusive and shall at all times be subject to any such existing contracts and arrangements and to any contracts and arrangements entered after date hereof by the City. However, any future use of such poles by the City or others that may require relocating OMH's equipment shall be contingent upon OMH's moving expenses being reimbursed any party other than the City necessitating the move. Section 12. Unless sooner terminated as herein provided. this agreement shall continue in effect for fifteen years. commencing on November 1, 1997. Either party hereto may terminate the agreement by giving the other party at least six (6) months' written notice to that effect. At the expiration of such six (6) months, all rights and privileges of OMH as to the poles affected by said notice shall forthwith terminate, OMH shall remove its equipment from the poles within such six (6) months and if it falls to do so, the City may remove same or have it removed at OMH's risk and expense. Termination of this agreement shall not release OMH from any liability or obligation hereunder, whether of Indemnity or otherwise, which may have accrued or be accruing or which arises out of any claim that may have accrued or be accruing at the time of 4 PBRT ANGELES CITY LT ID:360-417-4709 OCT 08'97 10:12 No.004 P.06 1 , I' . ,. termination. Section 13. In the event either party brings any action for breach of this agreement, such party shall be entitled to recover, in addition to any judgment for costs, such sum as the court shall judge reasonable as attorney's fees. Section 14. The failure of the City to enforce any provision of this agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision but the same shall nevertheless be and remain in full force and effect. Section 15. OMH shall not assign, transfer or sublet any privilege granted to it hereunder without the prior consent in writing of the City, but otherwise this agreement shall inure to the benefit of and be binding upon the heirs or successors and assigns of the parties hereto. Section 16. Wherever in this agreement notice is provided or required to be given by one party hereto to another. such notice shall be in writing and transmitted by United States mail or by personal delivery to the City at its office at P. O. Box 1150, Port Angeles, WA 98362, and to OMH at its office at 939 Caroline Street, Port Angeles, WA 98362, or to such other address as City or OMH may designate for that purpose by written notice to the other party. Dated at Port Angeles, Washington, this 8th day of October, 1997. OLYMPIC MEMORIAL HOSPITAL BY:~~ /JiJCC(;l~' ,),;{rln^_ Becky Upton '9Ci tyYClerk f"v> , 5 ./, '.I ) ~ " ....l <! r- ~ ~ <i. ~ u ~ d -'!.- - - r- -1 - <C - I: I- - m - J: >< w :--:-'-~ ! ~ '! 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