Loading...
HomeMy WebLinkAboutAgenda Packet 11/08/2011Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 November 8, 2011 3:00 PM AGENDA I. Call To Order II. Roll Call III. Approval Of Minutes For October 11, 2011 IV. Late Items V. Discussion Items: A. Telecommunications Utility Establishment B. Broadband Technology Opportunities Program Available Match C. Clallam County Public Utility District No. 1 Telecommunications Right Of -Way License Renewal No. 2 VI. Information Only Items: A. 2012 Low Income Weatherization Project B. Advanced Metering Infrastructure System Update (verbal report only) C. Wireless Mobile Data System (BTOP) Update (verbal report only) VII. Next Meeting Dates: December 13, 2011 (4 -5PM regular meeting, 5 -7PM BTOP) December 15, 2011Continuation (3 -4PM BTOP) VIII. Adjournment N \uac \final \110811 Staff Present: Others Present: City Council Special Meeting/Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 October 11, 2011 3:00 p.m. I. Call To Order Chairman Dan Di Guilio called the meeting to order at 3:00 p.m. II. Roll Call UAC Assigned Councilmembers Present: Dan Di Guilio, Cherie Kidd, Brooke Nelson Other Councilmembers Present: Patrick Downie (3:05) Other Councilmembers Absent: Don Perry, Brad Collins, Max Mania Utility Advisory Committee Members Present: Dean Reed Utility Advisory Committee Members Absent: Paul Elliott Kent Myers, Glenn Cutler, Mike Puntenney, Bill Bloor, Larry Dunbar, Randy Brackett, Yvonne Ziomkowski, Phil Lusk, Terri Partch, Sondya Wray, Dennis McBride, James Burke, Rick Hostetler, Kathryn Neal. Jack Warburton Dave Bergdolt Brown Caldwell Mark Donning Peninsula College Intern Marilyn Harbaugh Port Angeles Citizen Tom Callis Peninsula Daily News (3:25) III. Approval Of Minutes Chairman Dan Di Guilio asked if there were any corrections to the minutes of September 13, 2011. Committee Member Cherie Kidd moved to approve the minutes. Dean Reed seconded the motion, which carried unanimously. Chairman Dan Di Guilio asked if there were any corrections to the minutes of September 15, 2011. Committee Member Dean Reed moved to approve the minutes. Cherie Kidd seconded the motion, which carried unanimously. 1 IV Late Items: None. V. Discussion Items: A. 2011 On -Call Landfill Cell Stabilization Professional Services Agreement Glenn Cutler, Director of Public Works Utilities introduced Jack Warburton, Dave Bergdolt, and Mark Donning from Brown Caldwell; Glenn then introduced James Burke, Civil Engineer, who gave a PowerPoint presentation on the phased approach with Herrera on the cell stabilization for the City's Landfill. A discussion followed. Dean Reed moved to recommend City Council approve the line item for the landfill cell stabilization study in the Solid Waste Utility fund as part of the 2011 proposed budget amendment in the amount of $100,000, and approve and authorize the City Manager to sign the Professional Services Agreement with Herrera Environmental Consultants in an amount not to exceed $98,700, and to make minor modifications to the agreement, if necessary. Brooke Nelson seconded the motion, which carried unanimously. B. 2011 On -Call Wastewater Utility Engineering Professional Services Agreement Glenn Cutler, Director of Public Works Utilities gave a short summary of the current information on the 2011 On -Call Wastewater Utility Engineering Professional Services Agreement. Kathryn Neal, Engineering Manager, summarized the memo and a short PowerPoint presentation followed. Brooke Nelson moved to recommend City Council approve and authorize the City Manager to sign the on -call professional services agreement with Brown and Caldwell, Inc., with two initial project tasks, in an amount not to exceed $155,000, and to make minor modifications to the agreement, if necessary. Cherie Kidd seconded the motion, which carried unanimously. C. Houston- Galveston Area Council Purchasing Cooperative Interlocal Agreement Glenn Cutler, Director of Public Works Utilities introduced Dennis McBride, Fleet Manager, who discussed the benefits of having a Houston Galveston membership for purchasing cooperatives. A brief discussion followed. Dean Reed moved to recommend City Council approve and authorize City Manager to sign an interlocal agreement with the Houston Galveston Area Council purchasing cooperative. Cherie Kidd seconded the motion, which carried unanimously. 2 D. Utility Rate and Fee Adjustment Recommendations Larry Dunbar, Deputy Director of Power Systems, gave a PowerPoint presentation on water, wastewater, electric, storm water, solid waste collection, and solid waste transfer station utility rate and fee adjustment recommendations, including comments received at the October 4, 2011 public hearing. A lengthy discussion followed. Brooke Nelson moved to recommend City Council to continue the public hearing, close the public hearing, reject the solid waste collection recycling unbundling option, select the electric rate option 1 to apply all of the increase to the basic charge, then adopt the proposed rate and fee adjustments ordinance amendments. Cherie Kidd seconded the motion, which carried unanimously. VI. Information Only Items: A. Clallam County Public Utility District No. 1 Telecommunications Right of Way License Expiration Information only. No action taken. B. Advance Metering Infrastructure System Update (Verbal report only) Information only. No action taken. C. Wireless Mobile Data System Update (Verbal report only) Information only. No action taken. VIII. Next Meeting Dates: November 8, 2011 IX. Adjournment: 5:45 p.m. Dan Di Guilio, Mayor Janessa Hurd, City Clerk Dan Di Guilio, Chair Utility Advisory Sondya Wray, Administrative Specialist Committee 3 From: PORT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: November 8, 2011 To: Utility Advisory Committee Terry Gallagher, Police Chief Dan McKeen, Fire Chief Nathan West, Director of Community and Economic Development Glenn Cutler, Director of Public Works and Utilities Subject: Telecommunications Utility Establishment Summary: Staff is completing a Request for Proposal process for the acquisition of the City owned wireless mobile data system. Although the City has the legal authority to own telecommunications facilities and provide telecommunications services it is advisable to establish a telecommunications utility by ordinance. Recommendation: Forward a favorable recommendation to City Council to conduct the first reading of the telecommunications utility ordinance on November 15, 2011 and continue the matter to December 6, 2011. Background /Analysis: Staff is completing a Request for Proposal (RFP) process for the acquisition of the City -owned Wireless Mobile Data System (WMDS). Although the City will own the WMDS, staff has no intention of proposing the City get into the business of providing retail telecommunications services. Staff is also completing a separate RFP process to outsource the operation, management and maintenance of the WMDS for public safety and for recruitment of retail service providers to use the WMDS. But even with the City's use, there is still substantial excess capacity available for retail telecommunications service providers to provide wireless mobile broadband connections to individuals and businesses within the City. Staff anticipates that the RFP procurement process will be complete for all three procurements and that the Utility Advisory Committee and City Council will be asked to consider contract awards next month. Although the City has the legal authority to own telecommunications facilities and provide telecommunications services it is advisable to establish a telecommunications utility by ordinance. The proposed ordinance, which was prepared by Terry Mundorf through the City's membership with the Western Public Agencies Group, would create a separate City -owned utility. N \UAC \Final \Telecommunications Utility Ordinance doc Telecommunications Utility and Fund Ordinances November 8, 2011 Page 2 By establishing the telecommunications utility ordinance, the City is following best practices, which was highlighted earlier this year when the Washington Court of Appeals upheld the City of Edmonds, WA authority to own telecommunications facilities and offer services. Toward mid next year staff anticipates proposing a telecommunications utility fund ordinance. Attachments: Proposed Telecommunications Utility Ordinance Legal Dept Draft 11.04.11 Sections: ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, relating to Telecommunications Utility, adding a new Chapter, 13.53, to Title 13 of the Port Angeles Municipal Code. WHEREAS, the City Council does hereby find that there is need to establish a "Telecommunications Utility for the purpose of managing, operating, and maintaining telecommunications facilities owned by the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Section 1. Title 13, Public Utilities, of the Port Angeles Municipal Code is hereby amended by adding a new chapter 13.53 of PAMC, to read as follows: Chapter 13.53 TELECOMMUNICATIONS UTILITY 13.53.005 Definitions. 13.53.010 Purposes of Chapter. 13.53.020 Telecommunications Utility Established. 13.53.025 Powers and Authorities of the Telecommunications Utility. 13.53.030 Transfer of Property. 13.53.040 Director of Public Works and Utility Department. 13.53.050 Applicability of Chapter. 13.53.060 No Obligation to Serve. 13.53.070 Rates and Rate Schedules. 13.53.080 Rights of Way. 13.53.090 Liability for Interruptions of Access. 13.53.100 Shut -Down for Repairs. 13.53.110 Tampering with Telecommunications Network. 13.53.120 Theft of Telecommunications Network Access. —1— Legal Dept Draft 11.04.11 Section 13.53.005 Definitions For purposes of this Chapter: A. "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. B. "Telecommunications Facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled to facilitate the provision of telecommunications services. Section 13.53.010 Purposes of Chanter. The purposes of this Chapter are as follows: A. To manage, operate and maintain telecommunications facilities owned or controlled by the City. B. To reduce the costs of providing City services by using high capacity telecommunications facilities to support City services. C. To provide the opportunity to extend and improve a high capacity telecommunications network owned by or under the control of the City, and to use excess capacity thereon to provide access to high capacity Internet and other telecommunications services, to accommodate expanding technologies and demand, to facilitate intergovernmental coordination and services (such as educational and health institutions), and to provide more and faster telecommunications services to residents of the City. D. To enhance the growth and continued economic vitality of the City. E. To manage and regulate competing demands for the use of the public rights of -way by minimizing the installation of duplicative communications lines and facilities on, over or under the public rights -of -way. F. To foster competition and reduce the cost of communications services to City residents. G. To effectuate the foregoing purposes, it is the intent of the City to provide for the operation, management and maintenance of the telecommunications facilities by contracting with private sector providers, and to operate the telecommunications facilities as an open access facility available to retail providers who will be charged for access thereto, -2- Legal Dept Draft 11.04.11 and who will have the direct business relationship with the end -use customers, instead of the City filling such role. 13.53.020 Telecommunications Utility Established. For the purposes of this Chapter and for the purposes of operating telecommunications facilities of the City, there is created and established a Telecommunications Utility to be operated by the City's Department of Public Works and Utilities, which, for purposes of this Chapter, may also be referred to as "the Department." 13.53.025 Powers and Authorities of the Telecommunications Utility. The Telecommunications Utility shall perform the functions, and have the authority, as set forth in Chapter for managing, regulating, and controlling the City's telecommunications facilities. Without limiting the generality of the preceding sentence, the Telecommunications Utility shall have the power and authority: A. To manage, operate and maintain telecommunications facilities owned or controlled by the City. B. To extend and improve a high capacity telecommunications network owned by or under the control of the City, and to use excess capacity thereon to provide access to high capacity Internet and other telecommunications services to the public. C. To contract with private sector providers to provide for the operation, management and maintenance of the City's telecommunications facilities, and D. To operate the telecommunications facilities, or cause them to be operated, as an open access facility available to retail providers who will be charged for access thereto, and who will have the direct business relationship with the end -use customers. 13.53.030 Transfer of Property All telecommunication facilities, equipment, property, and property rights and interests owned or held by the City, however acquired, insofar as they relate to or concern telecommunications are hereby transferred to the Telecommunications Utility. 13.53.040 Director of Public Works and Utility Department. A. The word "Director as used in this Chapter, shall mean the Director of the City Public Works and Utilities Department, or his designated agent or employee. B. The Telecommunications Utility shall be administered under direction of the Director of Public Works and Utilities. The Director shall have full charge and control of all work provided for and contemplated by this Chapter, subject to the ultimate control and authority of the City Manager and the City Council. -3- Legal Dept Draft 11.04.11 C. The City shall have exclusive right to sell, lease and deliver access on the telecommunications network owned by or under the control of the City. Rights of access and delivery of services across the telecommunications facilities owned by or under the control of the City arising under the provisions of this Chapter shall not be transferred to any person or entity without the express written approval of the City Council. 13.53.050 Applicability of Chanter. The provisions of this Chapter shall apply only to the delivery of access to and related services across the telecommunications facilities owned by or under the control of the City. Nothing in this Chapter shall be construed or deemed to regulate the delivery of telecommunications or data services over or across lines, facilities or equipment owned by a private telecommunications provider, or which may be located in the public right -of -way pursuant to a franchise, lease, permit, license, or other privilege granted to such private communications provider by the City. 13.53.060 —No Obligation to Serve. The City shall have no obligation to serve or provide access on the telecommunications facilities owned by or under the control of the City. The City reserves the right to limit or refuse access to the telecommunications facilities owned by or under the control of the City at its sole discretion, provided such access shall not be limited or denied in a manner that is inconsistent with applicable federal, state or local law or regulations. 13.53.070 Rates and Rate Schedules. Rates and charges for delivery of access and related services across the telecommunications facilities owned by or under the control of the City shall be billed in accordance with contracts with private sector providers as established from time to time by the City Council. 13.53.080 Rights of Way and Pole Attachments. A. The City hereby grants to the Telecommunications Utility established by this Chapter authority to use the City's rights of way to install telecommunication facilities and apparatus necessary to effectuate the purposes of this Chapter, and the right to enter onto such public rights of way to operate and maintain such telecommunications facilities, and to extend, improve and expand the telecommunications facilities owned or controlled by the City. B. The City may condition access to the telecommunications facilities owned or controlled by the City upon the dedication or conveyance to the City of a utility easement for the installation, operation and maintenance of such telecommunications facilities over, across, upon and under property owned or controlled by another. The City may also require such dedication or conveyance to be by warranty deed or it may require execution of an indemnification covenant assuring good and merchantable title thereto. Such utility easement may be used for the purpose of providing delivery of telecommunications access and related services to the City as well as to others. Such utility easement shall permit access -4- Legal Dept Draft 11.04.11 thereto by City employees and agents at all reasonable hours or at any time in an emergency situation, as determined by the City in its sole discretion. C. Any telecommunications facilities attached to any pole owned or controlled by the City shall be subject to all ordinances and regulations pertaining to such pole attachments, including payment of fees and rates for therefore. 13.53.090 Liability for Interruptions of Access. The City shall not be liable for any loss, injury or damage of any kind, including but not limited to consequential, special and punitive damages, resulting for the interruption, reduction, loss or restoration of access to the telecommunications facilities owned or controlled by the City from any cause, including without limitation any loss by fire, flood, accident, casualty, sabotage, terrorist act, strike, labor slow -down, act of God or the public enemy, or failure or inadequacy of telecommunications network access or appurtenant facilities. The City disclaims any express or implied warranty of merchantability or fitness for a particular purpose for access to the telecommunications facilities owned or controlled by the City provided pursuant to this Chapter. The delivery of telecommunications access to any person or entity shall not be construed as or deemed to be the delivery of goods under the Washington Uniform Commercial Code. Every person and entity accepting access to the telecommunications facilities owned or controlled by the Cityagrees to, and shall be deemed to, waive any and all claims for damage or loss to the person's or entity's lines, facilities or communications equipment caused by any act or omission of the City; provided however, that nothing herein shall be deemed or construed as a waiver of any claim for damage or liability arising out of the gross negligence or malicious act of the City or its agents. 13.53.100 Shut -Down for Repairs. For purposes of making repairs, upgrades, extensions or changes to the telecommunications facilities owned or controlled by the City, or to avoid damage to property or to persons, the City may without prior notice suspend access to the telecommunications facilities owned or controlled by the City for such periods as the City determines in its sole discretion to be reasonably necessary to make such repairs, upgrades, extensions, or changes, or to avoid damage to property or to persons. The City shall not be liable for damage of any kind, direct or indirect, resulting from any such suspension of access to the telecommunications facilities owned or controlled by the City. 13.53.110 TamnerinQ with Telecommunications Network. No person shall connect to, adjust, tamper with or make any alteration or addition to the telecommunications facilities owned or controlled by the City, without having first obtained written permission from the Director, and any person who causes damage to the telecommunications facilities owned or controlled by the City shall be liable to the City for any damage proximately caused by such unauthorized connection, adjustment, tampering, alteration or addition to such telecommunications facilities. 13.53.120 Theft of Telecommunications Access. It shall be unlawful for any person to make any connection to or to install or to construct any facility or equipment with the intent of obtaining access from or make use of the telecommunications facilities or network -5- Legal Dept Draft 11.04.11 owned or under the control of the City without paying for such access or without paying the fees and charges applicable thereto. Section 2 Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 4 Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section /subsection numbers and any references thereto. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day December, 2011. Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: 2011 G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2011\25 Telecommunications Utility 10 25 l Iwpd wpd November 4, 2011 By Summary —6— Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: From: N \UAC \Final \BTOP Cash Match doc PORTNGS W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: November 8, 2011 To: Utility Advisory Committee Terry Gallagher, Police Chief Dan McKeen, Fire Chief Nathan West, Director of Community and Economic Development Glenn Cutler, Director of Public Works and Utilities Subject: Broadband Technology Opportunities Program Available Match Summary: City Council authorized the City Manager to accept the Participation Agreement, however, the City Manager assured City Council he would not sign the Participation Agreement until an agreement was reached on how the City would fund its cash match. Recommendation: Forward a favorable recommendation to City Council to support the proposed components and amounts that comprise the City's available match to NoaNet for the BTOP sub grant. Background /Analysis: On March 15, 2011, City Council authorized the City Manager to accept the Participation Agreement for the $2,559,036 sub -grant from the Northwest Open Access Network (NoaNet) under the Broadband Technology Opportunities Program (BTOP) for the Wireless Mobile Data System (WMDS). However, the City Manager assured City Council that he would not sign the Participation Agreement until both City Council and staff agreed upon how the City would fund the $1,096,729 cash match. It wasn't until most recently (October 12, 2011) that NoaNet offered the City's its Participation Agreement. Staff is completing a Request for Proposal (RFP) process for the acquisition of the City -owned WMDS which qualifies for the sub grant. Staff anticipates that the RFP procurement process will be complete and that the Utility Advisory Committee and City Council will be asked to consider awarding the acquisition contract next month. A list of the components and amounts that comprise the City's available cash match is on the following page. The City's cash match includes invested funds and in -kind services prior to and after the January 15, 2010 Notice of Funds Availability (NOFA) through next month's contract award. In addition, the City's cash match will include invested funds and in -kind services that will be incurred in the future during acquisition of the WMDS. Staff estimates a $1,969,278 cash match for prior and future invested funds and in -kind services is available to satisfy the City's $1,096,729 maximum cash match requirement. The staff cash match estimate was provided to NoaNet requesting they confirm the components and amounts. Broadband Technology Opportunities Program Available Match Public Safety Considerations Study (1/16/10 12/31/10) Match Outside consultants (actual) $22,500 City stafftime planning and support (actual) 29,742 Sub -Total $52,242 Wireless Network RFP support (8/1/11- 12/31/11) Outside consultants (actual) $65,400 City staff planning and support (actual) 2,903 City staff time RFP evaluation negotiation (estimate) 6,761 Sub -Total $75,065 Public Works and Utilities Department Contributions 2011 City stafftime new fiber network sites (1/1/11- 4/30/11) $10,036 2011 colocated new fiber network sites (split 1/2 cost) 36,122 2011 redundant backbone routing (split 1/2 cost) 93,499 2011 network upgrade oversight CTC (split 1/2 bill) 4,950 2012 redundant backbone routing (estimate) (split 1/2 cost) 55,000 2012 colocated new fiber network sites (estimate) (split 1/2 cost) 50,000 2012 City stafftime new fiber network sites (estimate) (1/1/12- 4/30/12) 10,036 STOP environment assessment (estimate) 20,000 Right of way construction permitting (estimate) 16,575 Electrical work permitting (estimate) 4,618 Street light standard replacement (estimate) 10,000 Phase I &II City stafftime project management (estimate) (1/1/12- 7/31/12) 19,271 Phase III City stafftime project management (estimate) (8/1/12- 7/31/13) 33,036 Sub -Total $363,143 Police and Fire Departments Contribution New World Systems software (actual) 10/31/08- 1/15/10 $562,738 New World Systems software (actual) 1/16/10- 7/22/11 v 257,415 New World Systems upgrades (estimate) 7/23/11- 12/31/11 145,200 Traffic control (estimate) 44,800 NetMotion software (actual) 52,876 PD FD stafftime InMotion mobile installation testing (estimate) 12,800 Criminal justice fund (actual) 300,000 Sub -Total $1,375,829 Community and Economic Development Contribution Harbor Security Surveillance project (estimate) $103,000 Sub -Total $103,000 Total Available Match $1,969,278 Minimum Required City Match $1,096,729 PORT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: November 8, 2011 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Clallam County Public Utility District No. 1 Telecommunications Right -Of -Way License Agreement Renewal No. 2 Summary: The City's license to the Clallam County Public Utility District for its telecommunications system within the City has expired. The license needs to be renewed to allow the District's telecommunications system to remain in place. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to renew the Telecommunications Right -Of -Way License with the Clallam County Public Utility District for an additional five -year term. Background /Analysis: The City's license to the Clallam County Public Utility District (District) to construct, maintain, and operate a telecommunications system within the City for the District's internal needs became effective October 10, 2001. The initial term of the license was five -years and expired October 10, 2006. On August 15, 2006, City Council authorized the first 5- year renewal to the license, which expired earlier this year and needs to be renewed to allow the telecommunications system to remain in place. Due to the District's limited authority under State law, the license does not grant the District authority to provide wholesale or retail telecommunications services to end users within the City, interconnect the District's telecommunications system with other systems within the City, nor allow the District to expand its telecommunications system within the City. In accordance with the City's telecommunications ordinance (excluding the District's failure to submit a timely renewal request), the District requested the license be renewed and paid a $500 deposit to offset the City's administrative cost to consider the renewal. As part of the District's attached request they would like the City to eliminate the provision related to their lack of authority to provide wholesale or retail telecommunications services to end users within the City, which was not acceptable to the City Attorney. The proposed license renewal is also attached. Attachments: Clallam County Public Utility District Renewal Request Proposed Right of Way License Agreement Renewal No. 2 N \UAC\Final \PUD Right -Of -Way License Renewal No 2 doe October 5, 2011 Mr. Glen Cutler Director of Public Works City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 RE:Telecommunications Right -of -Way License Dear Glen: Please call with any questions. Sincerely, Doug, Nass General Manager RECEIVED CLALLAM COUNTY OCT 7 2011 CI TY PORT LES ANGELES Bringing Energy To Life'"' CA) to Listed below is the information requested for renewal of the Telecommunication Right -of -Way License. A warrant in the amount of $500 has been mailed to your office. The only change we would propose to the ROW Agreement renewal would be elimination of the third WHEREAS on page one regarding wholesale telecommunications which would allow further conversations regarding telecommunications services within the City limits. Renewal Information Entity Reauestinn Renewal: Public Utility District No. 1 of Clallam County Telecommunications Services: The primary purpose of the fiber -optic cable infrastructure is for the District's own use. Capacity that is excess to the District's needs is made available on a wholesale basis only, Video Services: The District does not intend to provide cable service, open video service, or other video programing services. Network Man: No facilities have been added to the original submittal. District Locations: The District's operation center on 18 Street is located within the City and connected to the District's telecommunications system. Interconnection Locations The District's Port Angeles Het, located on Pioneer Road, allows interconnection for wholesale telecommunication services. The District has an agreement with one service provider reselling telecommunications services within the City. Commissioners. Will Purser, District No 1 Hugh Haffner, District No, 2 Ted Simpson, District No 3 General Manager. Doug Nass PUD No 1 of Clallam County 2431 East Highway 101 P 0 Box 1090 Port Angeles, WA 98362 -0207 www,elallampud.net Office 360 -452 9771 Fax 360 452.9338 Pant Logo a Indian Rest ia�on Et+iha CV-4) Orq.mds r Grounds v.imdy per Ma9 1 0 Wed 2914•.00 2002 1.150 at center) Sg1e 2 Mlles j cery�" 5 KM Cla 11 a m. ge poR Angel C o pT, tnc,. Rel. 4 ¢tre Atlas tt\`\}5A.'_� n y h1a Ridge ,I40 ne Pod9e Fiber oute gerc s av ader _Three app Ridge v .a6 1 RIGHT OF WAY LICENSE AGREEMENT RENEWAL N O. 2 This Agreement is entered into this day of ?201 1 between the City of Port Angeles (hereinafter "City granting municipal consent to the Clallam County Public Utility District No. 1 (hereinafter "Grantee in the form of a right -of -way license for the purpose of reconstructing, maintaining, operating and using a telecommunications system in public streets, alleys and rights -of -way in the City of Port Angeles to provide for the Grantee's internal telecommunications needs and to provide wholesale telecommunications services outside of the City; providing for general and administrative provisions; providing fees and compensation for the privileges conferred under this right -of -way license; providing conditions; providing for enforcement of right of -way license provisions; and providing for written acceptance of the terms of this right of -way license. WHEREAS, the City of Port Angeles, pursuant to federal law, state statutes, and local ordinances, eranted municipal consent to the Grantee on October 10. 2001 in the Form ol'a rittht -oL a` license. and ,minted renewed municipal consent to the Grantee on September 27. 2006. and is authorized to consent to one or more non exclusive right -of- way licenses to reconstruct, operate, and maintain a telecommunication system in the public rights -of -way within the municipal boundaries of the City as designated in Exhibit "A" "City Area and WHEREAS, the Grantee has requested municipal consent from the City to construct a tt -1 c:; ;hand has submitted a written application for this right -of -way license renewal, which application is attached hereto as Exhibit "B and WHEREAS, nothing within this right -of -way license shall be construed to authorize the Grantee to provide telecommunications services or wholesale telecommunications services to end users within the City; and WHEREAS, as applicable, the definitions of all words not defined herein shall be as used in the following chapters of the Port Angeles Municipal Code: Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use, Chapter 13.14 Pole Attachments, and Chapter 17.52 Page 1 of 7 Wireless Telecommunications Towers and Facilities, which are incorporated herein for all purposes; IN CONSIDERATION of the above representations and the agreements set forth herein, the parties hereby agree as follows: Section 1 Scone Of City Consent. The City herby consents to authorize the Grantee, a rene\\ ed term for a period of five (5) years from and after the effective date of this Agreement (the "Term the non- exclusive right to reconstruct, use, operate, own and maintain a telecommunication system in, on, under and over the public rights -of -way, as described in Exhibit "B" ui the September 20. 2011 riulu of vkav license, subject to applicable law and specifically Chapter 11.14 PAMC, hereafter referred to as the Telecommunications Ordinance. The consent extended to Grantee herein is limited to the ril~ht to reconstruct. maintain and repair the installation and facilities contemplated by the October 10. 2001 ri17ht of \\av license onl\ and specifically does not include any extension or expansion of facilities or equippenl. Section 2 Authority Not Exclusive. The consent conferred in Section 1 is not exclusive, pursuant to the Telecommunication Ordinance. The Grantee shall respect the rights and property of the City and other authorized users of the public rights -of -way. Section 3 Fees And Compensation. From and after the effective date of this Agreement and throughout the Term of this Agreement, the Grantee shall pay the City all taxes, fees and compensation pursuant to the Telecommunications Ordinance. Section 4 ('cal t s iruct ion Reconstruction and Operation of the Telecommunication System. In reconstructing and operating al id tnaintainig telecommunication system, the Grantee shall comply with all applicable requirements of the following Chapters of the Port Angeles Municipal Code: Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use, Chapter 13.14 Pole Attachments, and Chapter 17.52 Wireless Telecommunication Towers and Facilities. In addition, the Grantee shall comply with the following: 4.1 Permits Required. Grantee shall not cn ;t: uct. reconstruct, or relocate the telecommunication system (or parts thereof) within the public rights -of -way or on City property unless authority has been obtained in accordance with the Telecommunications Ordinance or other applicable City approvals. 4.2 Plan Review. Grantee shall not commence reconstruction unless and until all maps and other documents are provided to the City, in accordance with Page 2 of 7 Chapter 11.14 Telecommunications, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of- Way, Chapter 11.12 Right -of -Way Use, and Chapter 13.14 Pole Attachments. 4.3 Scheduling. The Grantee shall provide the City advance notice before beginning reconstruction or installation, pursuant to the Telecommunications Ordinance. 4.4 Commencement of Construction. Construction of the facilities contemplated by thi the October 1 0.,2001 right -of -way license tta-h tfte one cai a-t4- of --,h, e eetiv_. kla .:f th-, ri, #:.;l p \44ed- -t-hat ~rich tits -x hi,.- tie':: .f strikes- t- minent domain -litii ation, or othet-- oc -ct +rrenccs o +er which- Iht- Eirantce has no coat -po— v+ as completed, any reconstruction and maitntenance N‘orl, shall comply +ith this right- ul -\■av license. 4.5 Construction Standards. Grantee shall comply with construction standards in accordance with Section 11.14.040 of the Telecommunications Ordinance. In addition, any employee, contractor, vendor or agent assigned to work on the inctallatiot reconstruction. maintenance, or repair of system equipment must be properly licensed under the laws of the State of Washington and the City of Port Angeles. 4.6 Inspections. The Grantee shall permit the City to conduct inspections of reconstruction. maintenance or m llation repair to ensure compliance with the Telecommunications Ordinance. 4.7 Restoration of Property. At its own cost and expense, Grantee shall within ten (10) calendar days restore property on public or private lands disturbed by Grantee's activities, pursuant to the Telecommunications Ordinance. 4.8 Removal or Relocation of Facilities. The Grantee shall remove or relocate facilities as required by the Telecommunications Ordinance. 4.9 Installations on City Property and Private Property. No cable line, wire, amplifier, converter, or other piece of equipment owned by the Grantee shall be installed by the Grantee on any City property or private property without first securing the written permission of the City or a grant of authority as required under this Agreement or written permission of the property owner and /or lawful occupant of any property involved. 4.10 City Use of Grantee's Facilities. In consideration of the rights and privileges hereby granted, the City shall have, and Grantee hereby grants to the City, the right and privilege to suspend and maintain wires and necessary control boxes on poles placed by the Grantee in the streets, and other places aforesaid, or if such wires are placed underground, to place and maintain in the pipes or Page 3 of 7 conduits of the Grantee, if space therein is available, wires which City may require for electrical, water, wastewater, fire, police, or emergency services. All such wires must be placed on the poles or in conduits so as not to interfere with communications service and shall not carry currents or voltage dangerous to Grantee's plant or Grantee's users, and all installations, maintenance and repairs shall be subject to the rules, regulations and supervision of the Grantee. City agrees in consideration of establishing this service and furnishing such facilities, to hold Grantee harmless from all claims and or liability for damage, which may arise out of operating these wires and control boxes. Further, where such facilities have been installed or maintained by the City and not solely by Grantee, the City agrees to hold the Grantee harmless from all liability from any claims or damages that may arise out of the negligent installation, maintenance, use or operation by the City of these facilities. 4.11 Books and Records. The Grantee shall keep books and records as required by the Telecommunications Ordinance and in accordance with generally accepted accounting principles. Section 5 Tree Trimming. Upon ten (10) days' written notice provided to the Director, except in an emergency of imminent danger to persons or property, the Grantee may trim trees or other vegetation owned by the City or encroaching upon the public right -of -way to prevent branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning within environmentally sensitive areas shall be subject to applicable requirements of Chapter 15.20 PAMC Environmentally Sensitive Areas Protection. All trimming or pruning shall be at the sole cost of the Grantee. The Grantee may contract for said trimming or pruning services with any person approved by the City prior to the rendering of said services. Section 6 Reports. The Grantee shall make available to the City such information or reports, as required by the Telecommunications Ordinance. The Grantee shall allow the City to inspect any of the Grantee's facilities and equipment with sufficient notice as to not disrupt the operations of the Grantee. Section 7 Indemnity And Insurance. The Grantee shall comply with applicable sections of the Telecommunication Ordinance governing indemnity and insurance. Section 8 Grantee Default And Remedies. If Grantee fails to comply with or is in violation of this Agreement or the Telecommunication Ordinance, Grantee will be subject to termination and remedies as provided for in PAMC 11.14.050. Section 9 Compliance With Laws: Severability. Page 4 of 7 1 Notwithstanding any other provisions of this Agreement to the contrary, the Grantee shall at all times comply with all applicable police powers and regulations of the City and all administrative agencies thereof. 9.1 If any provision of this Agreement or any related ordinance is held by any court or by any federal, state, or local agency of competent jurisdiction to be invalid as conflicting with any federal, state or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, said provision shall be considered as a separate, distinct and independent part of this Agreement, and such holding shall not affect the validity and enforceability of all other provisions hereof or thereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that the City shall give the Grantee sixty (60) days written notice of such change before requiring compliance with said provision. 9.2 If the City determines that a material provision of this Agreement is affected by such action of a court of the federal, state or local government, the City and Grantee shall have the right to modify any of the provision hereof or in such related ordinances to such reasonable extent as may be necessary to carry out the full intent and purpose of this Agreement. Section 10 Taxes. Permit And Other Fees. Nothing contained in this Agreement shall be construed to exempt the Grantee from any tax levy, permit fee or assessment, including but not limited to application, inspection, pole attachment, excavation impact, or tree trimming fees, which are or may be hereafter lawfully imposed on all entities engaged in the same business as the Grantee, or as are generally applicable in the City or State. Section 11 Sale Or Transfer. With respect to the sale or transfer of the Grantee's franchise or telecommunication system, the Grantee shall comply with appropriate sections of the Telecommunications Ordinance. Section 12 Service Of Notice. All notices required or permitted to be given to either party by the other party under any provisions of this Agreement shall be in writing and shall be deemed served as follows: (a) When delivered by hand or by Federal Express or similar service to that party's address set forth below during normal hours; or (b) When mailed to any other person designated by that party in writing herein to receive such notice, via certified mail, return receipt requested. Page 5 of 7 12.1 Notice shall be given to the following: (a) If to the City: Glenn Cutler, Public Works and Utilities Director P.O. Box 1150, Port Angeles, WA 98362 -0217 (b) If to Grantee: General Manager P.O. Box 1090, Port Angeles, WA 98362 -0207 Section 13 Force Maieure. Any delay, preemption, or other failure to perform caused by factor beyond either party's reasonable control, such as an act of God, unauthorized labor dispute, non delivery by non affiliated suppliers, war, riot, technical breakdown, or government administrative or judicial order or regulation, shall not result in a default of the Agreement. Each party shall exercise its reasonable efforts to cure any such delays and cause thereof, and performance under the terms of this Agreement shall be excused for the period of time during which such factor continues. Section 14 Construction And Jurisdiction. In the event of any conflict between this Agreement and the Telecommunications Ordinance, the terms of the Telecommunications Ordinance shall prevail and control. This Agreement is made and performed in Clallam County, Washington, and it shall be construed in accordance with the laws in the State of Washington and the City of Port Angeles. Any lawsuit under this Agreement shall be brought in Clallam County, Washington. Section 15 Execution. This Agreement shall take effect upon execution by the following duly authorized representatives of the parties. City of Port Angeles: By: Attest: Grantee: (44€41.2 c z+tie 1 DirectorK nt Myers, City Vlana wer Page 6 of 7 Approved as to form: e 1 lard, City Clerk L'raig D. Bluor. City Attorney "ticl Utilities by: by: Page 7 of 7 P 0RT A NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: November 8, 2011 To: Utility Advisory Committee From: Rick Hostetler, Customer Services Manager Phil Lusk, Power Resources Manager Subject: 2012 Low Income Weatherization Project Summary: The Finance and the Public Works and Utilities Departments will begin a new project in 2012 that targets low- income electric utility customers who meet federal poverty guidelines and are not currently enrolled in the City's Utility Discount Program for Low Income Senior Citizens and Disabled Citizens. Recommendation: Information only, no action requested. The Finance and the Public Works and Utilities Departments will begin a new project in 2012 that targets low income electric utility customers who meet federal poverty guidelines and are not currently enrolled in the City's Utility Discount Program for Low Income Senior Citizens and Disabled Citizens. The desired outcome is to encourage these customers to take advantage of a low income weatherization program provided by the Bonneville Power Administration (BPA) that will increase the energy efficiency of their homes at no cost to them. Please refer to the following page for a summary of BPA requirements and BPA and City poverty guidelines. An outreach campaign is planned for low income electric utility customers in owner occupied single family residences, and referral agencies that could aid in disseminating information about the program to this target audience. A public workshop for participants is also planned to advise them about the project, as well as to provide them with "no- cost /low- cost" energy conservation tips. A total of $200,000, roughly 25% of the FY12 conservation program's budget, is being programmed for this project. The anticipated kick -off date is late January 2012. The Finance Department will assist in screening applicants to ensure they meet federal poverty guidelines using a process similar to that done now for the City's Utility Discount Program. The Public Works and Utilities Department will administer the delivery of the project using Olympic Community Action Programs and City Authorized Contractors. Since 2008, the City has invested more than $270,000 in weatherizing the homes and apartments of low income senior citizens and disabled citizens that qualify for the Utility Discount Program. The recent increase in the BPA conservation budget now allows the City to expand its weatherization efforts to reach more low- income electric customers. N \UAC \Final \2012 Low Income Weathenzation Project docx 2012 Low- Income Weatherization Project November 8, 2011 Page 2 BPA Low Income Weatherization Requirements Low income eligibility is defined in the Federal Weatherization Assistance Program as 200 percent of the poverty income levels. Approved statewide eligibility definitions substitute for federally established low income levels, if provided. All low- income weatherization funds must generate reportable, cost effective savings. The Electric Utility may run low- income weatherization programs themselves or through contractors, but must, at all times, retain responsibility for and control over a program. Funds may be used for repair work (i.e., health and safety or to ensure efficacy of measure) directly associated with the installation of cost effective weatherization measures, but repair costs must be reported separately. The Electric Utility may combine funding sources within a residence, but may not mix BPA funds with other funds to pay for installation of the same measure. Measures must be defined by the Regional Technical Forum as Total Resource Cost (TRC) cost effective and approved by BPA. The 2011 federal poverty guidelines are as follows: Commerce Federal US HHS WA State Federal 2010 HUD Persons 125% of 200% of 60% State 80% State in family Poverty Poverty Poverty Median Median 1 I $10,890.00 $13,613 $21,780 $25,518 $32,100 2 I $14,710.00 $18,388 $29,420 $33,370 $36,700 3 $18,530.00 $23,163 $37,060 $41,221 $41,300 4I $22,350.00 $27,938 $44,700 $49,073 $45,850 5 $26,170.00 $32,713 $52,340 $56,924 $49,550 6 $29,990.00 $37,488 $59,980 $64,776 $53,200 7 $33,810.00 $42,263 $67,620 $66,248 $56,900 8 $37,630.00 $47,038 $75,260 $67,720 $60,550 1 For families with more than 8 persons, add $3,820 for each additional person. The City of Port Angeles Utility Discount for eligible low income senior or disabled citizens is as follows: Discount Poverty guideline 30% I $0 $7,999 20% I $8,000 $11,500 10% I $11,501 $17,500 5% I $17,501 $21,000