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Home My WebLink About5.464 Original Contract ~" :0" 'R" T' I'P;.NGE" .t. ES'! !' .' I . , I I. " r j I I' j I -.,', . ., ; 'J~ ! f --' ~- 5. -<I~ <f' WAS H I N G TON, U. S. A. CITY MANAGER'S OFFICE December 21, 1998 Mr. Ken Anderson Telecommunication Manager Virginia Mason Medical Center P. O. Box 1930 - Mail Stop CB-TEL Seattle, WA 98101 Re: Pole Rental Agreement Dear Mr. Anderson: The Pole Rental Agreement between the City of Port Angeles and Virginia Mason Medical Center, which was approved by the City Council on June 16, 1998, has now been fualized. Enclosed for your file is a fully execu~ed copy of the agreement. Reference is made to Page 2, Section 6, 2nd sentence. There was an inadvertent omission as to when the annual rental fee shall be payable, so you will s~e that I wrote in January. " Please let m~ know if! can provide any additional assistance. I can be reached at 360-417- 4634. . Sincerely yours, .~ Becky J. Up on, CMC City Clerk/Management Assistant Enclosure Copies: Public Works & Utilities Accounting 321 EAST FI FTH STREET · P. O. BOX 1 150 · PORT ANGELES, WA 98362-0217 PHONE: 360-417-4500. FAX: 360-417-4509. TTY: 360-417-4645 E-MAIL: CITY.MGR@CI.PORT-ANGELES.WA.US .. 5. </tp</ POLE RENTAL AGREEMENT THE CITY OF PORT ANGELES, Washington, a municipal corporation, hereinafter called "City", and VIRGINIA MASON PORT ANGELES CLINIC, hereinafter called "Clinic", mutually agree that the following terms and conditions shall govern Clinic's use of City's poles located in Port Angeles, State of Washington, as City may, as hereinafter provided, permit Clinic to use: Section 1. The City hereby grants Clinic the use of one (1) power pole as shown on Exhibit A, provided that Clinic shall comply with all terms, conditions and provisions as set forth in this pole rental agreement. Clinic's use of such pole shall be confined to supporting one communication cable, hereinafter called "equipment". Such equipment shall be used by Clinic only for the purpose of erecting and operating a communication system between its main clinic and its records facility Section 2. Clinic 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 Clinic's anchorage requirements are not coincident with those of the City or where requested by the City, Clinic shall place separate guys and anchors to hold the strains of its equipment upon said pole(s). Section 3 City may permit Clinic to attach its equipment to poles which are jointly used by City and others, in which case Clinic shall be responsible to the others to the same extent as though its equipment were the property of the City. Clinic will exercise special precautions to avoid - 1- 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 for damage arising out of or in connection with the activity of the clinic 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 shall 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 pole(s) under this agreement shall create or vest in Clinic any ownership or property rights, but Clinic's rights therein shall be and remain a mere license, which as to any particular pole(s) may be terminated at any time by the City upon thirty (30) days' written notice to Clinic. Upon notice from City, Clinic 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, Clinic shall be reimbursed its moving expenses by such other party. However, if Clinic fails to remove its equipment within thirty (30) days or in cases of emergency, City may, at Clinic'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 Clinic will reimburse City for the entire expense thereby incurred. Section 6. For the privilege of placing and maintaining such equipment upon such pole(s), Clinic shall pay to the City each year during the existence of this agreement $8.00 rental fee per pole plus an additional $300.00 administration fee. The total annual rental fee shall be payable on~ 1 with the first payment due on jo...V\ \ , 199 j In the event that state or federal law ~ 'i 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 12. Such pole rental payments by Clinic shall be exclusive of the utility payments required by City ordinance for use of electric current - 2- . , Section 7 In addition to all other indemnity and assumption of liability provisions herein contained, it is further expressly agreed that Clinic 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 Clinic or its contractors in the construction, operation or maintenance of its technical facilities and system services, Section 8. Throughout the life of this agreement, Clinic will maintain insurance in full force and effect with a carrier or carriers selected by Clinic, or comparable self-insurance, 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 (b) and (c) above shall also provide contractual liability coverage satisfactory to the City with respect to liability assumed by Clinic under Section 8. Clinic will provide the City thirty (30) days' written notice of any change in insurance coverage required under this section. Written proof of compliance with the requirements of this section shall be filed with and approved by the City for each policy year. Section 9. If Clinic 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 Clinic, immediately terminate this agreement, in which event Clinic shall be allowed thirty (30) days from such notification within which to remove its equipment Section 10 All amounts payable by Clinic 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 Clinic under this agreement. - 3- . . 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, 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 Clinic 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 Clinic's equipment shall be contingent upon Clinic's moving expenses being reimbursed by any party other than the City necessitating the move Section 12. Unless sooner terminated as herein provided, this agreement shall continue in effect for ten years, commencing on "3a........ l, 199 ~. 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 Clinic as to the poles affected by said notice shall forthwith terminate, Clinic shall remove its equipment from the poles within such six (6) months, and if it fails to do so, the City may remove same or have it removed at Clinic's risk and expense Termination of this agreement shall not release Clinic 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 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 Clinic 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 - 4- ... ~. '--~~, , . personal delivery to the City at its office at 321 East 5th Street, Port Angeles, W A 98362, and to Clinic at its office at 433 East 8th Street, Port Angeles, W A 98362, or to such other address as City or Clinic may designate for that purpose by written notice to the other party. Dated at Port Angeles, Washington, thislLL~ of~Q tfll~1998 CITY OF PORT ANGELES VIRGINIA MASON CLINIC By ~~f2L Te.leLir>~ P1n9,4) t/;~ihl "- rn4~;; /IId/ c-I ?~.J."e. ^-" ATTEST: APPROVED AS TO FORM: BYcra~~~ L= ByAu.~ J.~ Becky 1. Up , C Clerk A \POLE A98 11119/98 - 5- S. <./ l.o <I F'~ ,0" R'T'~"'.A;.' NG'" E"'L' E,' S- ; , _c'.' Y ,"" , , ,1 ~~' ~ "', ~' " ,_,~ ,,0 ,," --" ~-- , W A 5 H I N G TON, U. 5., A. PUBLIC WORKS & UTILITIES DEPARTMENT November 22, 2000 , : Virginia Mason Medical Center - Mail Stop CB- TEL PO Box 900, Seattle, W A 98111 " ~,o ,1 I Attention: Ms. Dee Williams, Telecommunications Supervisor , , , I, I Reference: Pole Rental Agreement Termination Notice Dear Ms. Williams, 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 ~ompany and all other parties. The Federal Telecoinmunications Act requires the City to manage the public rights-of-way, including municipally owned utility poles, on a competitively neutral and nondiscriminatory " " basis and 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 tyoles 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 attachment ordinance that will continue to meet the needs of your company and those of the City! '"to ~) Sincerely, ~le Mayor 321 EAST FIFTH STREET · P 0, BOX 1150 · PORT ANGE:LES, WA 98362-0217 PHONE' 360-417-4805 · FAX 360-417-4542 · TTY 360-417-4645 E-MAIL PUBWORKS@CI.PORT-ANGELES.WA.US