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CITY OF EAST WENATCHEE
REGULAR COUNCIL MEETING AGENDA
JANUARY 24, 2017
6:30 P.M.
ROLL CALL
PLEDGE OF ALLEGIENCE
PROCLAMATION(S)
“World Spay Day”
PUBLIC COMMENTS
DEPARTMENT REPORT(S)
Lori Barnett, Community Development
Nick Gerde, Finance Director – December 2016 Financial Report
CONSENT CALENDAR
1.Consideration of Minutes – Regular Session, January 10, 2017
2.Consideration of Payables & Payroll
ACTION ITEM(S)
3.Gateway Project - Professional services consultant selection for Task 2
ORDINANCE(S)
4.17-01-11 Second reading of Ordinance No. 2017-02 granting a non-exclusive Franchise to
CenturyLink Communications, LLC to construct, install, operate, maintain, repair, or
remove fiber optic cables within the public ways of the City of East Wenatchee.
(Devin Poulson, City Attorney)
5.17-01-04 Ordinance No. 2017-04. An Ordinance of the City of East Wenatchee establishing the
penalties for violating the City’s snow removal regulations by amending Section
12.08.040 of the East Wenatchee Municipal Code.
COUNCIL REPORTS
ADJOURNMENT
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 10, 2017
1
REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
January 11, 2017
6:30 P.M.
ROLL CALL
Mayor Steven C. Lacy
Councilmember Tim Detering
Councilmember Sandra McCourt
Councilmember Wayne Barnhart
Councilmember John Sterk
Councilmember Harry Raab
Councilmember Chuck Johnson - Excused
Councilmember Jerrilea Crawford
EMPLOYEES IN ATTENDANCE
City Attorney Devin Poulson
Executive Secretary/Accounting Assistant Teresa Allen
Community Development Director Lori Barnett
Finance Director Nick Gerde
Public Works Director/City Engineer Greg Pezoldt
Police Chief Randy Harrison
Permit Technician Marcia Martz
PLEDGE OF ALLEGIENCE
MAYOR’S REPORT
1.Mayor Lacy reviewed the 2017 Council Assignments
Council Action: A motion was made by Councilmember Barnhart, seconded by
Councilmember Crawford to nominate Councilmember Detering for Mayor Pro-Tem,
motion carried 6-0.
Councilmember Johnson will be the Alternate Mayor Pro-Tem
2.The 2017 Budget Committee representatives will be Councilmember’s Raab, Crawford and
Barnhart.
3.Planner Barnett briefly explained that Our Valley Our Future would like to meet with the
City of Wenatchee and East Wenatchee jointly as lead partners for the organization to present
a brief overview of the Action Plan for 2017 - 2021. She indicated that she would like to
invite the Planning Commissions from both Cities to attend as well. There was a discussion
on the requested date for the joint meeting in January. Council asked staff to check on
another date for the presentation because three councilmember’s will be absent for the
January 24th Council Meeting.
4.Mayor Lacy gave a brief overview on the bargaining progress with Local 846. Negotiations
are still underway.
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 10, 2017
2
Mayor Lacy excused himself from the meeting for prior obligations.
PRESENTATION
Mark Miller with Town Toyota Center updated the Council on the 2016 tax revenues, events
and operation expenses for the TTC. He stated that approximately $3 million in sales tax was
collected in 2016, there was a 25% increase.
Greg Pezoldt, City Engineer and Erik Howe with RH2 presented Council with three options to
reduce congestion and increase safety for the intersection of Highline Drive and Simon Street.
Council asked Police Chief Harrison for his opinion on the three proposed options and he
responded that he does not see a need to make any changes to that intersection.
PUBLIC COMMENTS
None
DEPARTMENT REPORTS
Lori Barnett, Community Development Director received an email from Steve King Community
& Economic Director for the City of Wenatchee regarding a Smart Growth America Grant that
the City of Wenatchee is applying for to get technical assistance for Small Scale Manufacturing.
She asked the Council if they would be interested in having East Wenatchee partner with
Wenatchee on the project. The council indicated by consensus that they would be interested.
Planner Barnett reported on the Community Development Block Grant process. The City
received the Community Development Block Grant analysis on the consolidated annual
performance and evaluation report, the CAPER was approved. She reported that there were no
Hearing Examiner meetings in 2016.
The City has received three submittals on the RFP for the Gateway project. She will contact the
project team to review the submittals and set up an interview process.
BUDGET ISSUES
None
CONSENT CALENDAR
Items listed below were distributed to Councilmember’s in advance for study and were enacted
in one motion.
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Barnhart, to approve the Consent Calendar as amended. The motion
carried, 6-0.
5.Consideration of Minutes – Regular Session, December 13, 2016
6. Consideration of 2016 Payables
i.2016 Payables – As of this date, December 27, 2016, Council does
approve check numbers 47136 - 47140; 47177 – 47182; 47196 – 47263;
voided check number 47175 in the total amount of $130,683.77.
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 10, 2017
3
7. Consideration of 2017 Payables
i.2017 Payables – As of this date, January 10, 2017, Council does
approve check numbers 47195; 47264 - 47281 in the total amount of
$69,304.95.
RESOLUTION(S)
8. 17-01 Resolution No. 2017-01 to rescind Resolution 2016-14 and authorize the
Mayor to Approve 2017 Right of Way Procedures. (Greg Pezoldt, City Engineer)
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Crawford, to approve the Resolution No. 2017-01 as presented, including
Attachment A – Right of Way procedures and Waiver of Appraisal Procedure. The
motion carried, 5-0.
ACTION ITEM(S)
9. 17-01 Approval to solicit request for qualifications from law firms to negotiate a
Franchise Agreement with Mobilitie. (Devin Poulson, City Attorney)
Council Action: A motion was made by Councilmember Raab, second by
Councilmember Barnhart, to approve the request as presented. The motion carried, 5-0.
ORDINANCE(S)
10. 16-12 Second reading of Ordinance No. 2017-01 of the City of East Wenatchee
granting a non-exclusive franchise to Falcon Video Communications, L.P.,
locally known as Charter Communications. (Devin Poulson, City Attorney)
Council Action: A motion was made by Councilmember Raab, second by
Councilmember Barnhart, to approve the Ordinance No. 2017-01 as presented. The
motion carried, 5-0.
11. 17-01 First reading of Ordinance No. 2017-02 granting a non-exclusive Franchise to
CenturyLink Communications, LLC to construct, install, operate, maintain,
repair, or remove fiber optic cables within the public ways of the City of East
Wenatchee. (Devin Poulson, City Attorney)
12. 17-01 Ordinance 2017-03: An Ordinance of the City of East Wenatchee adopting an
immediate moratorium on the acceptance of applications for use permits,
wireless telecommunications facility permits, building permits, right of way use
authorizations and franchises for wireless communication facilities within the
City, to be effective for a period of six months, declaring an emergency and
providing for severability.
Council Action: A motion was made by Councilmember Crawford, second by
Councilmember McCourt, to elevate to second reading and approve Ordinance No. 2017-
03 as presented. The motion carried, 5-0.
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 10, 2017
4
COUNCIL REPORTS
Councilmember Sterk - Chelan-Douglas Health District Packet for December 19, 2016
Councilmember Barnhart suggested the city clear the sidewalks at the Gateway site and
other City property sites.
Councilmember Detering stated that he will not be available for the next Chamber
Board meeting and the LINK Transit meeting. Councilmember Crawford stated that she
would be available for both the meetings.
ADJOURNMENT
8:00 pm
_______________________
Marcia A. Martz
Acting City Clerk
CHECKS: 47283 thru 47325
VOIDED CHECKS: NONE
DEPARTMENT/FUND AMOUNT
General Fund 001 $61,343.75
Street Fund 101 $3,604.53
Community Dev Grants Funds 102 $0.00
Transportation Benefit District Fund 105 $0.00
Debt Reserve Fund 110 $0.00
Library Fund 112 $33.28
Hotel/Motel Tax Fund 113 $0.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $211.27
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $50,814.31
Storm Water Improvements Fund 308 $2,196.50
Capital Improvements Fund 314 $0.00
Equipment R&R Fund 501 $4,506.89
Transportation Benefit District 630 $0.00
Grand Total All Funds $122,710.53
CITY OF EAST WENATCHEE
CHECK REGISTER
December 30, 2016 PAYABLES
Fund Number Description Amount
001 Current Expense $61,343.75
101 Street Department $3,604.53
112 Library Fund $33.28
117 East Wenatchee Events Brd Fund $211.27
301 Street Improvement Fund $50,814.31
308 Storm Water Capital Improvements Fund $2,196.50
501 Equipment Rental & Replacement $4,506.89
Count: 7 $122,710.53
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2016 - December 2016 - December 3rd Council Meeting
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East Wenatchee - Fund Transaction Summary
Vendor Number Reference Account Number Description Amount
Action Medical, Inc.
47286 2016 - December 2016 - December 3rd Council Meeting
DB60-1298
City Hall Medical Supplies
101-000-430-543-30-30-00 Supplies $70.28
Total DB60-1298 $70.28
DB60-1299
Police Medical Supplies
001-000-210-521-10-49-00 Miscellaneous $50.58
Total DB60-1299 $50.58
Total 47286 $120.86
Total Action Medical, Inc.$120.86
AG Supply Company INC
47287 2016 - December 2016 - December 3rd Council Meeting
395864
Christmas Lights for City Hall
117-000-500-557-30-40-05 Christmas Events & Decorations $56.88
Total 395864 $56.88
395866
Street/Stakes for plowing
101-000-420-542-66-30-00 Supplies $13.93
Total 395866 $13.93
395882
Street/Supplies
101-000-420-542-75-30-00 Supplies $14.06
Total 395882 $14.06
396100
Street/Supplies
101-000-420-542-66-30-00 Supplies $1.93
Total 396100 $1.93
396107
Street/Adapter
101-000-420-542-66-30-00 Supplies $4.31
Total 396107 $4.31
396111
Police/Spray Paint
001-000-210-521-50-10-00 Ancillary (interfund vehicle maintenance)$38.89
Total 396111 $38.89
Voucher Directory
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
396159
Street/Supplies
001-000-180-518-30-48-00 Repairs & Maintenance $84.36
Total 396159 $84.36
396221
Street/Supplies
101-000-420-542-66-30-00 Supplies $20.16
Total 396221 $20.16
396248
Street/Supplies
101-000-420-542-66-30-00 Supplies $5.44
Total 396248 $5.44
396574
Street/Supplies
101-000-420-542-69-30-00 Supplies $3.21
Total 396574 $3.21
396595
Street/Supplies
101-000-430-543-30-30-00 Supplies $14.06
Total 396595 $14.06
396613
Street/Supplies
101-000-430-543-30-30-00 Supplies $84.36
Total 396613 $84.36
396964
Street/Supplies
101-000-430-543-50-30-00 Supplies $84.36
Total 396964 $84.36
397044
Street/Supplies
101-000-420-542-75-30-00 Supplies $7.56
Total 397044 $7.56
397234
LP Gas Bulk
101-000-420-542-30-30-00 Supplies $8.73
Total 397234 $8.73
397268
Street/Supplies
001-000-180-518-30-48-00 Repairs & Maintenance $84.36
Total 397268 $84.36
397325
Street Supplies
001-000-210-594-21-60-00 Capital Outlay $28.08
Total 397325 $28.08
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
397376
Street/Supplies
101-000-420-542-66-48-00 Repairs & Maintenance $12.40
Total 397376 $12.40
Invoice - 1/10/2017 3:20:13 PM
Police Fuel
001-000-210-521-10-32-00 Fuel Consumed $3,568.59
Total Invoice - 1/10/2017 3:20:13 PM $3,568.59
Invoice - 1/13/2017 8:41:06 AM
Street Fuel
101-000-420-542-66-30-00 Supplies $2,209.75
101-000-420-542-69-30-00 Supplies $30.34
Total Invoice - 1/13/2017 8:41:06 AM $2,240.09
Total 47287 $6,375.76
Total AG Supply Company INC $6,375.76
Al's Auto Repair
47288 2016 - December 2016 - December 3rd Council Meeting
34,353
Police Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $1,570.27
Total 34,353 $1,570.27
Total 47288 $1,570.27
Total Al's Auto Repair $1,570.27
American Messaging Services, LLC
47289 2016 - December 2016 - December 3rd Council Meeting
W2127554RA
Street/Pagers
101-000-430-543-30-49-00 Miscellaneous $87.78
Total W2127554RA $87.78
Total 47289 $87.78
Total American Messaging Services, LLC $87.78
Anelva Thompson
47290 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 4:08:15 PM
Bank Deposit Mileage
001-000-120-512-50-43-00 Travel $81.46
Total Invoice - 1/10/2017 4:08:15 PM $81.46
Total 47290 $81.46
Total Anelva Thompson $81.46
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Ballard Services, Inc.
47291 2016 - December 2016 - December 3rd Council Meeting
365787
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $85.00
Total 365787 $85.00
366499
Police/DUI Blood Draw
001-000-210-521-10-41-00 Professional Services $85.00
Total 366499 $85.00
Total 47291 $170.00
Total Ballard Services, Inc.$170.00
Ben Fauconnier
47292 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 4:13:54 PM
Clothing Allowance
001-000-210-521-10-20-01 Clothing Allowance $375.30
Total Invoice - 1/10/2017 4:13:54 PM $375.30
Total 47292 $375.30
Total Ben Fauconnier $375.30
Capital One Commercial/ Costco
47293 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 4:19:43 PM
Police/Trailer
001-000-210-594-21-60-00 Capital Outlay $161.17
Total Invoice - 1/10/2017 4:19:43 PM $161.17
Total 47293 $161.17
Total Capital One Commercial/ Costco $161.17
Chelan County Treasurer
47294 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 1:26:02 PM
4th Qtr 2016 2% Liquor Profits
001-000-001-564-00-52-00 Comm Mental Health (2% Liquor)$904.14
Total Invoice - 1/10/2017 1:26:02 PM $904.14
Total 47294 $904.14
Total Chelan County Treasurer $904.14
Chelan County Treasurer
47295 2016 - December 2016 - December 3rd Council Meeting
150001-00568
December 2016 Housing of Inmates
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $22,652.50
Total 150001-00568 $22,652.50
Total 47295 $22,652.50
Total Chelan County Treasurer $22,652.50
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Cinta's Corporation #607
47296 2016 - December 2016 - December 3rd Council Meeting
607166912
December 2016 Blue Mat Services
001-000-180-518-30-41-00 Professional Services $213.21
112-000-000-572-50-41-00 Facilities -- Professional Services $33.28
Total 607166912 $246.49
607166913
December 2016 Sanitary Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $96.15
101-000-430-543-30-30-00 Supplies $252.32
Total 607166913 $348.47
Total 47296 $594.96
Total Cinta's Corporation #607 $594.96
Classic One East
47297 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/13/2017 8:21:50 AM
Police Dry Cleaning
001-000-210-521-10-49-02 Dry Cleaning Services $72.48
Total Invoice - 1/13/2017 8:21:50 AM $72.48
Total 47297 $72.48
Total Classic One East $72.48
Consolidated Electrical Distributors Inc
47298 2016 - December 2016 - December 3rd Council Meeting
9360-672759
Police/Supplies
001-000-210-594-21-60-00 Capital Outlay $659.86
Total 9360-672759 $659.86
Total 47298 $659.86
Total Consolidated Electrical Distributors Inc $659.86
Danny B Reierson
47299 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 4:12:05 PM
Cell Phone Reimbursement
001-000-210-521-10-42-01 Telephone $39.00
Total Invoice - 1/10/2017 4:12:05 PM $39.00
Total 47299 $39.00
Total Danny B Reierson $39.00
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Department of Labor & Industries
47283 2016 - December 2016 - December 3rd Council Meeting
2016 4th Quarter
4th quarter L&I cost
101-000-430-543-30-20-00 Benefits $83.71
Total 2016 4th Quarter $83.71
Total 47283 $83.71
Total Department of Labor & Industries $83.71
Devin Poulson
47285 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/12/2017 7:39:23 AM
Reimbursement for 2016 Medical Ins
001-000-151-515-30-20-00 Benefits $2,402.64
Total Invoice - 1/12/2017 7:39:23 AM $2,402.64
Total 47285 $2,402.64
Total Devin Poulson $2,402.64
DeVries Business Records Management Inc
47300 2016 - December 2016 - December 3rd Council Meeting
0082547
December 2016 Onsite Record Destruction
001-000-210-521-10-41-00 Professional Services $30.00
Total 0082547 $30.00
Total 47300 $30.00
Total DeVries Business Records Management Inc $30.00
Douglas County Treasurer
47301 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 1:22:17 PM
4th Qtr 2016 Victim Witness
001-001-000-586-00-08-00 County Share of Crime Victims $1,007.78
Total Invoice - 1/10/2017 1:22:17 PM $1,007.78
Total 47301 $1,007.78
Total Douglas County Treasurer $1,007.78
Doug's Diesel Repair Inc
47302 2016 - December 2016 - December 3rd Council Meeting
36317
Street Vehicle Repairs
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $128.83
Total 36317 $128.83
36328
Street Vehicle Repairs
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $70.33
Total 36328 $70.33
Total 47302 $199.16
Total Doug's Diesel Repair Inc $199.16
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Empire Record Management Inc
47303 2016 - December 2016 - December 3rd Council Meeting
2570
Court/Document Shred
001-000-120-512-50-49-09 Security $288.00
Total 2570 $288.00
Total 47303 $288.00
Total Empire Record Management Inc $288.00
Employment Security Dept
47284 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/12/2017 7:13:03 AM
2016 4th quarter
001-000-210-521-10-20-00 Benefits $16.07
Total Invoice - 1/12/2017 7:13:03 AM $16.07
Total 47284 $16.07
Total Employment Security Dept $16.07
Fastenal Company
47304 2016 - December 2016 - December 3rd Council Meeting
WAWEN125440-A
Credit
101-000-430-543-30-30-00 Supplies ($37.07)
Total WAWEN125440-A ($37.07)
WAWEN126462
Street/Supplies
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $101.26
Total WAWEN126462 $101.26
WAWEN126549
Street/Supplies
101-000-420-542-66-30-00 Supplies $39.74
Total WAWEN126549 $39.74
WAWEN126551
Street/Supplies
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $37.42
Total WAWEN126551 $37.42
Total 47304 $141.35
Total Fastenal Company $141.35
Forsgren Associates Inc
47305 2016 - December 2016 - December 3rd Council Meeting
14773
Land Surveying
301-000-000-595-30-51-04 5th Street Sidewalks & SWU $4,862.50
Total 14773 $4,862.50
Total 47305 $4,862.50
Total Forsgren Associates Inc $4,862.50
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Frontier
47306 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/13/2017 2:36:07 PM
Street Modems
101-000-420-542-64-47-00 Utilities $58.37
Total Invoice - 1/13/2017 2:36:07 PM $58.37
Invoice - 1/13/2017 2:36:41 PM
Street Modems
101-000-420-542-64-47-00 Utilities $58.37
Total Invoice - 1/13/2017 2:36:41 PM $58.37
Invoice - 1/13/2017 2:37:08 PM
Street Modems
101-000-420-542-64-47-00 Utilities $58.44
Total Invoice - 1/13/2017 2:37:08 PM $58.44
Invoice - 1/13/2017 2:37:32 PM
Street Modems
101-000-420-542-64-47-00 Utilities $53.05
Total Invoice - 1/13/2017 2:37:32 PM $53.05
Invoice - 1/13/2017 8:15:17 AM
Phone Lines
001-000-180-518-30-47-00 Utilities $211.61
Total Invoice - 1/13/2017 8:15:17 AM $211.61
Total 47306 $439.84
Total Frontier $439.84
H2 Pre-Cast, Inc
47307 2016 - December 2016 - December 3rd Council Meeting
133097
Monument Cover and Frame
101-000-420-542-30-48-00 Repairs & Maintenance $102.79
Total 133097 $102.79
Total 47307 $102.79
Total H2 Pre-Cast, Inc $102.79
Hector Rosa
47308 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 4:18:42 PM
Court/Interpreting
001-000-120-512-50-49-01 Interpreting $100.00
Total Invoice - 1/10/2017 4:18:42 PM $100.00
Total 47308 $100.00
Total Hector Rosa $100.00
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Les Schwab Tire Center Inc
47309 2016 - December 2016 - December 3rd Council Meeting
34300687569
Police/Snow Tires
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $816.76
Total 34300687569 $816.76
Total 47309 $816.76
Total Les Schwab Tire Center Inc $816.76
Norco Enterprise, Inc.
47310 2016 - December 2016 - December 3rd Council Meeting
20071469
Fire Extinguisher
001-000-180-518-30-49-00 Miscellaneous $7.08
Total 20071469 $7.08
Total 47310 $7.08
Total Norco Enterprise, Inc.$7.08
Office Depot
47311 2016 - December 2016 - December 3rd Council Meeting
2021445080
Office Supplies
001-000-140-514-20-31-01 Central Stores $33.16
Total 2021445080 $33.16
881869022001
Police Office Supplies
001-000-210-521-10-31-00 Office Supplies $64.44
Total 881869022001 $64.44
881869228001
Police Office Supplies
001-000-210-521-10-31-00 Office Supplies $17.73
Total 881869228001 $17.73
881870340001
Police Office Supplies
001-000-210-521-10-31-00 Office Supplies $56.40
Total 881870340001 $56.40
883436515001
Central Stores
001-000-140-514-20-31-01 Central Stores $28.02
Total 883436515001 $28.02
883474752001
Sharps Containers
001-000-180-518-30-49-00 Miscellaneous $45.42
Total 883474752001 $45.42
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
883961251001
Credit
001-000-140-514-20-31-01 Central Stores ($34.18)
Total 883961251001 ($34.18)
883963974001
Police/Central Stores Supplies
001-000-140-514-20-31-01 Central Stores $52.38
001-000-210-521-10-31-00 Office Supplies $114.48
Total 883963974001 $166.86
885423644001
EWEB office Supplies
001-000-140-514-20-31-01 Central Stores $66.43
117-000-100-557-30-31-00 EWEB Office Supplies $154.39
Total 885423644001 $220.82
885739460001
Police Office Supplies
001-000-210-521-10-31-00 Office Supplies $320.24
Total 885739460001 $320.24
885739460002
Police/Office Machine
001-000-210-521-10-31-05 Office Machine Costs $7.29
Total 885739460002 $7.29
885739460003
Police Office Supplies
001-000-210-521-10-31-05 Office Machine Costs $30.27
Total 885739460003 $30.27
885739460004
Police Office Supplies
001-000-210-521-10-31-05 Office Machine Costs $116.83
Total 885739460004 $116.83
885741674001
Police Office Machine
001-000-210-521-10-31-05 Office Machine Costs $43.26
Total 885741674001 $43.26
885741675001
Police Office Machine
001-000-210-521-10-31-05 Office Machine Costs $19.02
Total 885741675001 $19.02
885741676001
Police Office Machine
001-000-210-521-10-31-05 Office Machine Costs $30.29
Total 885741676001 $30.29
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
885741677001
Police Office Machine
001-000-210-521-10-31-05 Office Machine Costs $60.93
Total 885741677001 $60.93
885741678001
Police Office Machine
001-000-210-521-10-31-05 Office Machine Costs $14.84
Total 885741678001 $14.84
Total 47311 $1,241.64
Total Office Depot $1,241.64
Okanogan County Jail
47312 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 1:13:41 PM
December 2016 Housing of Inmates
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $1,322.25
Total Invoice - 1/10/2017 1:13:41 PM $1,322.25
Total 47312 $1,322.25
Total Okanogan County Jail $1,322.25
One Call Concepts, Inc
47313 2016 - December 2016 - December 3rd Council Meeting
6129062
Excavation Notifications
101-000-430-543-30-49-00 Miscellaneous $3.21
Total 6129062 $3.21
Total 47313 $3.21
Total One Call Concepts, Inc $3.21
Pace Engineers Inc.
47314 2016 - December 2016 - December 3rd Council Meeting
64163
Valley Mall Parking Lot LID Retrofit
308-000-313-595-40-63-33 SWA VMP LID Project SDC $2,196.50
Total 64163 $2,196.50
Total 47314 $2,196.50
Total Pace Engineers Inc.$2,196.50
Parker Corporation Services, INC DBA Merchant Patrol Security
47315 2016 - December 2016 - December 3rd Council Meeting
18220
Court/Armed Guard Services
001-000-120-512-50-49-09 Security $407.00
Total 18220 $407.00
Total 47315 $407.00
Total Parker Corporation Services, INC DBA Merchant Patrol Security $407.00
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Rh2 Engineering, Inc.
47316 2016 - December 2016 - December 3rd Council Meeting
66843
Highline Drive Reconstruction
301-000-000-595-10-50-10 Engr-Design Highline Drive $45,564.18
301-000-000-595-20-50-10 ROW - Highline Drive $387.63
Total 66843 $45,951.81
Total 47316 $45,951.81
Total Rh2 Engineering, Inc.$45,951.81
Robin D Feil
47317 2016 - December 2016 - December 3rd Council Meeting
3273A
Street/Repair on Dump Trucks
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $1,653.59
Total 3273A $1,653.59
Total 47317 $1,653.59
Total Robin D Feil $1,653.59
Shea Car & Jewell Inc DBA Alliance Consulting Group Inc
47318 2016 - December 2016 - December 3rd Council Meeting
50269
Briarwood Development Density
001-000-580-558-60-41-00 Professional Services $3,732.50
Total 50269 $3,732.50
Total 47318 $3,732.50
Total Shea Car & Jewell Inc DBA Alliance Consulting Group Inc $3,732.50
Staples Contract & Commerical Inc
47319 2016 - December 2016 - December 3rd Council Meeting
8042515109
Cleaning Supplies
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $110.94
Total 8042515109 $110.94
Total 47319 $110.94
Total Staples Contract & Commerical Inc $110.94
The Ups Store
47320 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 1:44:27 PM
Postage Fees
001-000-110-511-60-49-00 Miscellaneous $4.40
001-000-210-521-10-42-03 Postage $76.07
Total Invoice - 1/10/2017 1:44:27 PM $80.47
Total 47320 $80.47
Total The Ups Store $80.47
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
The Wenatchee World
47321 2016 - December 2016 - December 3rd Council Meeting
AD#00025543
Meeting Notice
001-000-140-514-20-44-00 Advertising $43.35
Total AD#00025543 $43.35
AD#00027169
Meeting Notice
001-000-140-514-20-44-00 Advertising $43.35
Total AD#00027169 $43.35
AD#00027170
Meeting of Cancellation
001-000-140-514-20-44-00 Advertising $43.35
Total AD#00027170 $43.35
AD#00027731
Summary of Ordinance No. 2016-23
001-000-140-514-20-44-00 Advertising $208.08
Total AD#00027731 $208.08
AD#00027792
Notice of Determination of Non- Significance
001-000-580-558-60-44-00 Advertising $176.87
Total AD#00027792 $176.87
AD#00027816
Notice of Determinaton of Non-Significance
001-000-580-558-60-44-00 Advertising $168.02
Total AD#00027816 $168.02
Total 47321 $683.02
Total The Wenatchee World $683.02
Wash State Treasurer
47322 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 4:22:50 PM
Court Remittances
001-001-000-586-00-05-00 Court Remittances $19,845.86
001-001-000-586-00-06-00 State Surcharge (bldg Code)$18.00
Total Invoice - 1/10/2017 4:22:50 PM $19,863.86
Total 47322 $19,863.86
Total Wash State Treasurer $19,863.86
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Washington State Patrol
47323 2016 - December 2016 - December 3rd Council Meeting
I17004052
Background Checks
001-001-000-586-00-03-00 State Share of Gun Permits $192.00
Total I17004052 $192.00
Total 47323 $192.00
Total Washington State Patrol $192.00
Woods & Brangwin PLLC
47324 2016 - December 2016 - December 3rd Council Meeting
Invoice - 1/10/2017 3:09:46 PM
Conflict Cases
001-000-110-511-60-30-00 Public Defender Conflicts $450.00
Total Invoice - 1/10/2017 3:09:46 PM $450.00
Total 47324 $450.00
Total Woods & Brangwin PLLC $450.00
Workland Auto Parts, Inc.
47325 2016 - December 2016 - December 3rd Council Meeting
174372
Power Steering Hose
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $30.31
Total 174372 $30.31
174743
Accufit Conventional
101-000-420-542-66-30-00 Supplies $33.52
Total 174743 $33.52
174808
Halogen Capsules
001-000-210-521-50-10-00 Ancillary (interfund vehicle maintenance)$40.37
Total 174808 $40.37
175298
Napa Hydraulic Filter
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $22.50
Total 175298 $22.50
175323
Street/Vacuum Tubing
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $1.01
Total 175323 $1.01
175524
Oil and Console
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $18.39
Total 175524 $18.39
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
175525
Street/Supplies
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $10.41
Total 175525 $10.41
175543
Circuit Board
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $31.75
Total 175543 $31.75
175706
Retro Cup Holder
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $14.06
Total 175706 $14.06
176379
Street/Supplies
101-000-420-542-66-48-00 Repairs & Maintenance $141.27
Total 176379 $141.27
176446
Police/Vehicle Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $30.78
Total 176446 $30.78
176592
Street/Supplies
101-000-420-542-75-30-00 Supplies $16.24
Total 176592 $16.24
176632
Street/Tube Bulb
101-000-420-542-66-48-00 Repairs & Maintenance $67.91
Total 176632 $67.91
Total 47325 $458.52
Total Workland Auto Parts, Inc.$458.52
Grand Total Vendor Count 43 $122,710.53
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East Wenatchee - Voucher Directory
CHECKS: 47282; 47326 thru 47347
VOIDED CHECKS: 47282
DEPARTMENT/FUND AMOUNT
General Fund 001 $18,494.26
Street Fund 101 $4,881.04
Community Dev Grants Funds 102 $0.00
Transportation Benefit District Fund 105 $20.00
Debt Reserve Fund 110 $0.00
Library Fund 112 $0.00
Hotel/Motel Tax Fund 113 $0.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $8,693.82
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $2,509.07
Storm Water Improvements Fund 308 $0.00
Capital Improvements Fund 314 $0.00
Equipment R&R Fund 501 $0.00
Transportation Benefit District 630 $0.00
Grand Total All Funds $34,598.19
CITY OF EAST WENATCHEE
CHECK REGISTER
January 24, 2017 PAYABLES
Fund Number Description Amount
001 Current Expense $18,494.26
101 Street Department $4,881.04
105 Transportation Benefit District Fund $20.00
117 East Wenatchee Events Brd Fund $8,693.82
301 Street Improvement Fund $2,509.07
Count: 5 $34,598.19
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2017 - January 2017 - January 2017 2nd Council Meeting
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East Wenatchee - Fund Transaction Summary
Vendor Number Reference Account Number Description Amount
Brooke Black
47327 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 11:52:40 AM
Jan 2017
117-000-050-557-30-30-00 Contract Services $1,839.64
Total Invoice - 1/13/2017 11:52:40 AM $1,839.64
Invoice - 1/17/2017 1:05:22 PM
Events/Car Insurance per Contract
117-000-050-557-30-30-00 Contract Services $1,663.00
Total Invoice - 1/17/2017 1:05:22 PM $1,663.00
Total 47327 $3,502.64
Total Brooke Black $3,502.64
Business Interiors And
47328 2017 - January 2017 - January 2017 2nd Council Meeting
078724
Court/Copier Fees
001-000-120-594-12-60-00 Capital Outlay $645.10
Total 078724 $645.10
Total 47328 $645.10
Total Business Interiors And $645.10
Chelan Douglas Transportation Council c/o Douglas County Auditor Attn: Karen
Goodwin
47329 2017 - January 2017 - January 2017 2nd Council Meeting
#cdtc-17
2017 Member Dues
001-000-001-558-60-41-00 Wenatchee Valley Transportation Cncl $12,750.00
Total #cdtc-17 $12,750.00
Total 47329 $12,750.00
Total Chelan Douglas Transportation Council c/o Douglas County Auditor Attn:
Karen Goodwin
$12,750.00
Chelan-Douglas Utlty Coun
47330 2017 - January 2017 - January 2017 2nd Council Meeting
2237
2017 Council Dues
101-000-430-543-30-49-00 Miscellaneous $150.00
Total 2237 $150.00
Total 47330 $150.00
Total Chelan-Douglas Utlty Coun $150.00
Voucher Directory
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Christina L. Patterson
47331 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/10/2017 12:38:47 PM
2017 Clothing Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $97.47
Total Invoice - 1/10/2017 12:38:47 PM $97.47
Invoice - 1/13/2017 12:58:56 PM
2017 Clothing Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $46.15
Total Invoice - 1/13/2017 12:58:56 PM $46.15
Total 47331 $143.62
Total Christina L. Patterson $143.62
Dan White
47332 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 11:52:06 AM
Jan 2017
117-000-050-557-30-30-00 Contract Services $4,906.18
Total Invoice - 1/13/2017 11:52:06 AM $4,906.18
Total 47332 $4,906.18
Total Dan White $4,906.18
Equipment Mfg, Inc
47333 2017 - January 2017 - January 2017 2nd Council Meeting
33121
Street/Parts for Vehicles
101-000-420-542-66-48-00 Repairs & Maintenance $553.25
Total 33121 $553.25
Total 47333 $553.25
Total Equipment Mfg, Inc $553.25
Esri, Inc
47334 2017 - January 2017 - January 2017 2nd Council Meeting
93228063A
ArcGIS Desktops
001-000-145-514-20-40-10 Annual Fee - ESRI GIS System License $1,082.00
101-000-313-542-42-31-10 SWA ESRI GIS System License $919.70
Total 93228063A $2,001.70
Total 47334 $2,001.70
Total Esri, Inc $2,001.70
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Fastenal Company
47335 2017 - January 2017 - January 2017 2nd Council Meeting
WAWEN127360
Street/Supplies
101-000-430-543-30-30-00 Supplies $67.02
Total WAWEN127360 $67.02
Total 47335 $67.02
Total Fastenal Company $67.02
Forester Media, Inc.
47336 2017 - January 2017 - January 2017 2nd Council Meeting
04042017
Wachholder/Per Diem/Per Contract
101-000-313-542-42-40-00 Training $535.00
Total 04042017 $535.00
Total 47336 $535.00
Total Forester Media, Inc.$535.00
Forum Consulting
47282 2017 - January 2017 - January 2017 2nd Council Meeting
1020 Forum
Safety Training for L&I Fine
101-000-430-544-90-49-01 Training Miscellaneous $1,600.00
Total 1020 Forum $1,600.00
Total 47282 $1,600.00
Total Forum Consulting $1,600.00
Frontier
47337 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 11:56:37 AM
Police/Laptops
001-000-210-521-10-42-01 Telephone $638.87
Total Invoice - 1/13/2017 11:56:37 AM $638.87
Total 47337 $638.87
Total Frontier $638.87
James Brandon Johnson
47338 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 11:57:55 AM
2017 Clothing Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $307.99
Total Invoice - 1/13/2017 11:57:55 AM $307.99
Total 47338 $307.99
Total James Brandon Johnson $307.99
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
James Marshall
47339 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 1:04:15 PM
Clothing Allowance
001-000-210-521-10-20-01 Clothing Allowance $157.18
Total Invoice - 1/13/2017 1:04:15 PM $157.18
Total 47339 $157.18
Total James Marshall $157.18
Jose Nieto
47340 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 12:57:18 PM
TBD Refund
105-000-000-317-60-00-00 Car Tab Fee Revenue $20.00
Total Invoice - 1/13/2017 12:57:18 PM $20.00
Total 47340 $20.00
Total Jose Nieto $20.00
Local Utility District #1
47341 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 12:22:47 PM
Rio Vista Park Street Assessment
101-000-420-542-63-47-00 Utilities $945.00
Total Invoice - 1/13/2017 12:22:47 PM $945.00
Total 47341 $945.00
Total Local Utility District #1 $945.00
Localtel Communications
47342 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 12:07:04 PM
Internet and Phones
001-000-001-528-70-51-00 River Com $50.45
001-000-141-514-20-42-01 Telephone Line Charges $1,031.88
Total Invoice - 1/13/2017 12:07:04 PM $1,082.33
Total 47342 $1,082.33
Total Localtel Communications $1,082.33
Pamplin Media Group
47343 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/10/2017 12:49:55 PM
Events/Ads
117-000-300-557-30-44-12 Classy Chassis Advertising $95.00
117-000-400-557-30-44-11 Wings & Wheels Advertising $95.00
117-000-450-557-30-44-12 PkwyPile-up Car Show Advertising $95.00
Total Invoice - 1/10/2017 12:49:55 PM $285.00
Total 47343 $285.00
Total Pamplin Media Group $285.00
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
Raymond Coble
47326 2017 - January 2017 - January 2017 2nd Council Meeting
Invoice - 1/13/2017 11:50:12 AM
Travel Reimbursement/Per Diem/Per Contract
001-000-210-521-10-43-00 Travel $1,344.71
Total Invoice - 1/13/2017 11:50:12 AM $1,344.71
Total 47326 $1,344.71
Total Raymond Coble $1,344.71
Universal Field Services, Inc
47344 2017 - January 2017 - January 2017 2nd Council Meeting
48141
Acquisition of Right of Way Fees
301-000-000-595-20-50-16 ROW - Baker Ave 15th to 20th Project $2,509.07
Total 48141 $2,509.07
Total 47344 $2,509.07
Total Universal Field Services, Inc $2,509.07
Verizon Wireless
47345 2017 - January 2017 - January 2017 2nd Council Meeting
464221062-00002
Legistlative Cell
001-000-110-511-60-49-00 Miscellaneous $16.72
Total 464221062-00002 $16.72
Total 47345 $16.72
Total Verizon Wireless $16.72
Wash ST Dept of Licensing
47346 2017 - January 2017 - January 2017 2nd Council Meeting
EWP000432 Hammans
Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $18.00
Total EWP000432 Hammans $18.00
EWPConaway
Late Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $21.00
Total EWPConaway $21.00
Total 47346 $39.00
Total Wash ST Dept of Licensing $39.00
Xerox Corporation
47347 2017 - January 2017 - January 2017 2nd Council Meeting
087604248
Police Copier Fees
001-000-210-521-10-31-05 Office Machine Costs $286.74
Total 087604248 $286.74
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East Wenatchee - Voucher Directory
Vendor Number Reference Account Number Description Amount
087604262
Street Dept Copier Fees
101-000-430-543-30-30-00 Supplies $111.07
Total 087604262 $111.07
Total 47347 $397.81
Total Xerox Corporation $397.81
Grand Total Vendor Count 23 $34,598.19
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CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM # 3
AGENDA DATE: January 24, 2017COUNCIL AGENDA BILL # 17-24-03
PRESENTER: Lori Barnett
TITLE: Director DEPARTMENT: Community Development
TITLE: Gateway Project - Professional services consultant selection for Task 2
BACKGROUND/HISTORY: The City purchased the service station property at 88 9th St. NE with the intention of
creating an attractive and inviting entrance to the community. A preliminary scope of work
for the overall project was developed. Task 1 included an analysis of the existing buildings
on the property. That task has been completed by city staff.
Task 2 includes a public involvement process to identify potential uses for the property
and the ultimate preparation of a preliminary preferred design concept including a refined
cost estimate. To evaluate potential professional service providers, staff utilized the MRSC
Professional Services Roster and selected six firms. Request for Proposals were mailed
and e-mailed to those firms. Three firms responded with submittals:
SCJ Alliance
Forte Architects
R.W. Thorpe & Associates
Five members of the Gateway Project Team met on January 17, 2017 to evaluate the
submittals. SCJ Alliance was selected for their experience and approach to the project.
EXHIBITS: Professional Services Agreement Between the City and SCJ Alliance – additional revisions
may be made by the City Attorney. A final version will be available at the meeting or before.
RECOMMENDED ACTION: Since the Scope of Work and budget for this Task have already been approved by Council,
staff requests Council action to approve the Mayor’s signature on the contract.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 14,975 $ 15,000 $ N/A
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Sterk Councilmember Raab
Councilmember Johnson Councilmember Crawford
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Professional Services Agreement
Between
The City of East Wenatchee
And
SCJ Alliance
For
Task 2 of the Gateway Project
Public Outreach and Concept Design
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 2 of 10
1.Parties. The Parties to this Professional Services Agreement (“Agreement”) are
the City of East Wenatchee and SCJ Alliance (“SCJ Alliance”).
2.Duration of Agreement. This Agreement begin on January 25, 2017 and ends on
May 31, 2017.
3.Either party may terminate this Agreement early. Upon written notice, the City
may terminate this Contract with or without cause. If the City terminates this
Agreement without cause, it will pay SCJ Alliance for work already completed
on a prorated basis to the date ordered to stop. Upon 30-days written notice, SCJ
Alliance may terminate this contract with cause. The written notice must specify
the termination’s effective date and it must specify the cause SCJ Alliance is
relying upon to justify termination. If the Agreement is terminated early, the
City will pay SCJ Alliance all amounts due for all work previously authorized
and performed prior to termination.
3.1. If this Agreement is terminated, SCJ Alliance agrees to cooperate reasonably
with any service provider retained by the City in making available
information developed as the result of work previously performed by SCJ
Alliance .
3.2. If neither party gives written termination, all relationships and obligations
created by this Agreement, will terminate when the Agreement period set
out in Paragraph 2 concludes.
3.3. SCJ Alliance must pay liquidated damages if it terminates this Agreement
early. If the City has not breached this Agreement and SCJ Alliance
terminates this Agreement early, SCJ Alliance will pay the City [insert
amount] as liquidated damages.
4.SCJ Alliance will provide public outreach and concept design services for the
Gateway Project for the City. SCJ Alliance will provide the following services
[described in Exhibit A] for the City in a timely, reliable, and cost-effective
manner:
4.1. Public outreach to identify potential uses for the property and display
concept drawings
4.2. Three Preliminary Design Concepts with Planning Level Cost Estimate
4.3. Preliminary Preferred Design Concept with Refined Cost Estimate
5.Total Compensation. The City will pay SCJ Alliance $14,975 performing the
services set forth in paragraph 4. This amount is the full compensation for all
work performed; for all services rendered; and for all labor, materials, supplies,
and equipment, and incidentals necessary to complete the services set forth in
paragraph 4.
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 3 of 10
5.1. If required by the City, SCJ Alliance must change and revise the completed
work as necessary to correct any errors. SCJ Alliance is not entitled to
additional compensation for making the required changes and revisions.
6.Method of Payment. SCJ Alliance must submit a monthly invoice for
compensation. The monthly invoice must contain a detailed description of the
work performed during the month, and the number of hours spent performing
such work.
7.Invoices. SCJ Alliance must submit invoices to the following address: The City of
East Wenatchee, Attention: Teresa Allen, 271 9th St. N.E., East Wenatchee, WA
98802.
8.Disputed work. If the City believes in good faith that some portion of work has
not been completed satisfactorily; the City may request that SCJ Alliance correct
the work before the City pays for such work. The City must reasonably explain
to SCJ Alliance its concern over the work and the remedy that the City expects
from SCJ Alliance. The City may withhold from any payment otherwise due an
amount that is under dispute. Also, if the SCJ Alliance does not provide a
sufficient remedy, the City may retain the amount that it costs the City to
correct or remedy the work that SCJ Alliance did not properly complete.
9.Affirmative Representations by SCJ Alliance. SCJ Alliance represents and
warrants that:
9.1. He/she/it has the requisite training, skill and experience necessary to
provide the services identified in Paragraph 4.
9.2. [He/she/it] is appropriately accredited and licensed by all applicable agencies
and governmental entities.
9.3. [He/she/it] did not offer a gift, gratuity, loan, trip, favor, special discount,
work, or anything of economic value to any City employee or City official to
obtain this Agreement.
9.4. [He/she/it] will strictly adhere to the statutes and ordinances in contracting
and purchasing, including the City Ethics Code, RCW 42.23 (Code of Ethics
for Municipal Officers) and RCW 42.52 (Ethics in Public Service).
9.5. [He/she] does not have a business interest or close family relationship with
any City official or employee. No one employed by SCJ Alliance has a
business interest or close family relationship with any City official or
employee.
10. The City will monitor and evaluate SCJ Alliance’s performance. Subject to
oversight by the Mayor or the Mayor’s designee, SCJ Alliance may control and
direct the performance of the services identified in Paragraph 4. The City
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 4 of 10
reserves the right to inspect, review and approve the work done to assure that it
has been completed as specified, before payment. SCJ Alliance must cooperate
with and freely participate in any monitoring or evaluation activities conducted
by the City.
11. SCJ Alliance is an independent contractor. This Agreement creates an
independent contractor relationship between the parties. SCJ Alliance and its
employees or agents performing under this Agreement are not employees or
agents of the City. SCJ Alliancen will not hold itself out pass or claim to be an
officer or employee of the City, nor will SCJ Alliance make any claim of right,
privilege or benefits which would accrue to such officer or employee under law.
The Parties recognize that SCJ Alliance may or will be performing professional
services during the term of this Agreement for other parties.
12.Subcontracting. SCJ Alliance may not subcontract any part of the work covered
by this Contract without the City’s prior written approval. The City will not
approve any subcontractor for work covered by this contract who is at the time
ineligible under the provisions of any applicable regulations issued by the
Secretary of Labor, U. S. Department of Labor or the Secretary of Housing and
Urban Development, to receive an award of such subcontract. Verifications of
Subcontractors must be obtained by the SCJ Alliance from www.epls.gov, and
maintained in a file accessible by the Owner for audit purposes.
13. Taxes. SCJ Alliance is responsible for paying all taxes related to payments
received from the City, including federal income taxes, self employment (social
security and Medicaid) taxes and state business and occupation taxes. The City
is not responsible for withholding for or paying any tax owed by SCJ Alliance.
14. Indemnification. To extent allowed by law, SCJ Alliance agrees to indemnify and
hold harmless the City. SCJ Alliance releases and must defend, indemnify and
hold harmless the City, its elected officials, officers, employees, agents and
volunteers for any and all claims, demands, losses, negligent acts or omissions,
and liabilities (including costs and all attorney's fees) to or by any and all
persons and entities, including without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this
Contract to the extent caused by the negligent acts, errors or omissions of SCJ
Alliance, its partners, shareholders, agents, employees, or by the SCJ Alliance's
breach of this Contract. To the maximum extent permitted by applicable law,
this must apply. However, this will not require SCJ Alliance to indemnify the
City against any liability for damages arising out of bodily injury or property
damages caused by or resulting from negligence of the City. the City will protect,
defend and indemnify and save harmless the SCJ Alliance, its representatives
and other employees all costs, claims, judgments or awards of damages arising
out of the negligent acts or omissions of the City, its officers or employees.
Further, with concurrent negligence of SCJ Alliance and the City each party will
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 5 of 10
be required to indemnify the other only to the extent of the negligence of the
party.
15. SCJ Alliance agrees to maintain adequate insurance. SCJ Alliance must
maintain insurance. The insurance policies must contain provisions for
Automobile Liability, Professional Liability and Commercial General Liability
Insurance.
16. The City owns all work product. The City owns all work product that SCJ
Alliance produces while performing services for the City. All work product,
including records, files, documents, plans, computer disks, magnetic media or
material which may be produced or modified by SCJ Alliance while performing
services for the City belong to the City. At the termination of this Agreement,
SCJ Alliance must deliver all original records, files, documents, plans computer
disks, magnetic media or other material to the City. Until at least 12 months
following final payment, SCJ Alliance must provide the City prompt access to
(and the City must have the right to examine, audit and copy) all of SCJ
Alliance's electronic files, books, documents, papers and records related to the
service performed for the City.
16.1. SCJ Alliance may include representations of the work performed
under this Agreement in its promotional and professional materials, unless
such representation or materials contain confidential information.
16.2. SCJ Alliance may not apply for a copyright on any report, map, or
document produced for the City under this Agreement.
17. Confidential Information. SCJ Alliance may not disclose information it acquires
during the performance of this Agreement unless: (1) The City gives SCJ
Alliance permission to disclose the information; (2) The information is in the
public domain at the time of disclosure by SCJ Alliance; or (3) The information is
received by SCJ Alliance from a third party who does not have an obligation to
keep the same confidential. If SCJ Alliance, an employee of SCJ Alliance , or an
agent of SCJ Alliance uses or releases confidential information or records
belonging to the City, SCJ Alliance agrees to pay the City liquidated damages.
Liquated damages are $1,000 for each occurrence or three times the City’s actual
damages, whichever is greater.
18. SCJ Alliance agrees comply with applicable federal and state laws. SCJ Alliance
must comply with all federal, state, and local nondiscrimination laws,
regulations and policies. These laws include, but are not limited to: The U.S.
Department of Transportation’s policies against discrimination, Chapter 49.60
RCW, Title VI of the Civil Rights Act of 1964; Section 109 of the Housing and
Community Development Act of 1974, Age Discrimination Act of 1975,
Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of
1973 Executive Order 11246 of September 24, 1965, and of the rules,
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 6 of 10
regulations, and relevant orders of the Secretary of Labor, Section 3 of the
Housing and Community Development Act of 1968; Executive Orders 11625,
12432, and 12138.
18.1. If SCJ Alliance fails to comply with any federal or state law, regulation
or policy, the City may withhold payments to SCJ Alliance under the
contract until SCJ Alliance complies or cancel, terminate, or suspend the
contract, in whole or in part.
18.2. The City will give SCJ Alliance 30 days to cure any noncompliance.
19. Information and Reports. SCJ Alliance must maintain books, records,
documents, and other evidence and accounting procedures and practices which
sufficiently and properly reflect all hourly charges and direct costs of any nature
expended in the performance of this Agreement. SCJ Alliance must retain all
books, records, documents, and other material relevant to this Agreement for
four years after this Agreement terminated. These records are subject at all
reasonable times to inspection, review, or audit by a City employee or official or
by the Office of the State Auditor.
20. Dispute Resolution (Alternative 1). The venue for any legal dispute regarding
this Agreement is Douglas County Superior Court.
21. Dispute Resolution (Alternative). All disputes involving this Agreement must be
resolved according to the following procedure:
21.1. Negotiation. The parties will first attempt to negotiate a mutually-
satisfactory resolution to the dispute.
21.1.1. The complaining party must notify the other party of the alleged
dispute, controversy, claim or breach of contract (“Dispute’) by explaining
in writing the nature of the Dispute, and referring to the relevant
paragraphs of this Agreement upon which it based. The complaining
party must also set forth in such notice a proposed solution to the
Dispute;
21.1.2. The party receiving such notice must respond (“Response”) to
the complaining party within 20 days of the complaining party’s notice;
and
21.1.3. Within 20 days of the Response, the parties must meet and
discuss options for resolving the Dispute; the complaining party must
initiate the scheduling of this resolution meeting.
21.1.4. If a party fails to cooperate in scheduling the resolution meeting,
then the complaining party may elect to skip the negotiation and
mediation procedures and immediately proceed with arbitration.
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 7 of 10
21.2. Mediation. If the parties do not satisfactorily resolve the Dispute
through such negotiation, mediation must be held within thirty days of an
unsuccessful resolution meeting. If they are unable to agree on a mediator,
the parties may request that Chelan County Superior Court provide a list of
three available mediators, and each side may strike one; the remaining
individual may serve as the mediator. If a party fails to cooperate in this
mediation process in a timely manner, then the complaining party may elect
to skip the mediation procedure and immediately proceed with arbitration.
21.3. Binding Arbitration. If the dispute is not timely settled by mediation
then the parties agree to submit the dispute immediately to JAMS for final
and binding arbitration as follows:
21.3.1. A single arbitrator may be used. The parties may agree on an
arbitrator from the JAMS panel. The complaining party may initiate
arbitration by providing notice of intent to arbitrate to all parties and to
JAMS: The notice must contain a description of the Dispute, the amount
involved, and the remedy sought. If the parties are unable to agree on an
arbitrator, the parties may request JAMS to provide a list of three
available panel members and each party may strike one; the remaining
individual may serve as the arbitrator. If the parties agree, the
individual that served as the mediator may serve as the arbitrator.
21.3.2. If and when such a demand for arbitration is made by any party,
the parties agree to promptly conduct the arbitration under JAMS Rules
and Procedures.
21.4. The parties agree arbitration must be initiated within one year after
the latter of (i) the occurrence of the claimed breach, or (ii) the discovery
thereof by the complaining party. The parties also agree that if the
complaining party fails to initiate arbitration within this one-year period, it
constitutes an absolute bar to the institution of any adjudicatory
proceedings.
21.5. The arbitrator may have exclusive authority to enter a decision
adjudicating the Dispute, or granting other affirmative relief, including an
award for damages, other affirmative relief, specific performance and
injunctive relief; provided that a party may petition the court for
enforcement of confirmation of any award if necessary.
21.6. Any decision or award entered by the arbitrator may be entered on an
ex-parte basis.
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 8 of 10
22. General Provisions.
22.1. Attorney’s Fees. If any legal action or other proceeding is brought to
enforce this Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with this Agreement, each party will bear
their own attorney’s fees, expert witness fees, filing fees, arbitrator fees, or
other costs incurred in that action, arbitration, or proceeding.
22.2. Authority. Each individual executing this Contract for the City and for
SCJ Alliance represents and warrants that such individuals are duly
authorized to execute and deliver this Contract for SCJ Alliance or for the
City.
22.3. Binding Effect. The provisions, covenants, and conditions in this
Contract apply to bind the parties, their legal heirs, representatives,
successors, and assigns.
22.4. Civil Rights. SCJ Alliance agree to comply with all local and state civil
rights laws and with Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 193, the Americans with Disabilities Act of 1975,
Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107, and 12086.
22.5. Compliance with Laws. SCJ Alliance, at his/her/its sole cost and
expense, may perform and comply with all applicable laws of the United
States, the State of Washington; and the City of East Wenatchee.
22.6. Equipment and Materials. Except as specifically provided in this
Agreement, SCJ Alliance must furnish all equipment, materials, and
personnel that may be required to accomplish the services described in the
Agreement.
22.7. Full Agreement. This Contract and all attachments form all of the
covenants, promises, agreements and conditions, between the parties. All
attachments and addendum are incorporated herein by this reference, and
may be a part of this contract instrument. If discrepancy between the
documents, addendum and attachments may prevail over the Contract. This
entire contract including all attachments specifies the working relationship
between the City and SCJ Alliance and specific obligations of both parties.
22.8. Non-waiver. Waiver of any default or breach of this agreement may
not be deemed a waiver of any other prior or subsequent default or breach
and may not be construed to be a modification of the terms of this Agreement
unless stated to be such through written agreement of the signatories hereto.
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 9 of 10
22.9. Performance. Time is of the essence of this Contract in each and all of
its provisions in which performance is a factor.
22.10. Personal Liability. The parties agree that no official, employee, or
agent of the City may be held liable or responsible for any breach of this
Agreement.
22.11. Remedies Cumulative. The remedies provided for in this Agreement
are not exclusive, but are cumulative with all other remedies available at
law or in equity.
23. Washington law governs this Agreement. The laws of the State of Washington
govern the interpretation, construction, and enforcement of this Professional
Services Agreement.
24. Severability. If a competent court of law determines any section or portion of this
Agreement to be unlawful, such determination may not affect the remaining
terms and conditions of the Agreement.
25. Survivability. The obligation of SCJ Alliance under all provisions of this
Agreement, which may reasonably be interpreted or construed as surviving the
completion, termination, or cancellation of this Contract, may survive the
completion, termination, or cancellation of this Contract.
City of East Wenatchee
____________________________________ Tim Detering, Mayor Pro Tem
Date:_______________________________
ATTEST: ____________________________________ Acting City Clerk
SCJ Alliance
______________________________________ Title:
Date:_________________________________
Federal Employee ID No.:________________________
25 N. Wenatchee Ave,, Suite 238 Wenatchee, WA 98801
Professional Services Agreement with SCJ Alliance Gateway Project Task 2 Page 10 of 10
Exhibit A
Preliminary Summary Scope of Work
TASK 2. Planning Phase - Identify Use of the Property & Develop Preliminary
Preferred Concept Design Sketch and Cost Estimate
2.1. Project Orientation Meeting. Project Team to meet with Consultant to confirm
project scope, schedule, and work plan.
2.2. Preliminary City Contribution Limit. City contribution to the Gateway project is
limited to $350,000. If additional funding partners and sources are secured for
the overall project, the project cost may exceed that amount.
2.3. Request/Review Background Data. Compile and review existing work including
the Rediscover Historic Downtown Plan public involvement process summary
and implementation recommendations and the plans for the Pedestrian Bridge
Plaza. Review the Underground Storage Tank Site Assessment/UST Closure
report dated May 13, 2002.
2.4. Identify Preferred Uses. Facilitate a process with the City Council, staff,
Downtown business community, and the general public to identify potential uses
of the property and building(s) as well as potential partners. It is anticipated that
this will involve individual interviews of various stakeholders as well as at least
one facilitated community meeting.
Presentation to Council to report preliminary preferred use of the property based
upon public outreach. Obtain approval from Council to proceed with preliminary
design concepts based upon identified preferred use(s) for the property.
2.5. Preliminary Design Concepts and Planning Level Cost Estimates. Develop
preliminary design concepts for conversion of the building(s) and/or site based
upon the identified uses for the property.
Deliverables. Up to 3 concepts for design of the property 1 electronic copy in
Word format with a planning level cost estimate for each concept and graphic
materials for display at a public open house.
2.6. Public Open House. Facilitate a public outreach event to display the preliminary
design concepts and obtain comments and suggestions regarding the draft
alternatives.
2.7. Revise Design Concept and Prepare Preliminary Cost Estimate. Revise, if
necessary, the concept plans and provide a preliminary cost estimate for the
project. (This could include a meeting with the Project Team and/or City Council
to guide the direction of the preferred preliminary concept.)
Deliverables: 10 paper copies and 1 electronic copy in WORD format of a
written report outlining all information, analysis, cost estimates, and
recommendations developed as part of this effort. Graphic materials for public
meeting.
2.8. Presentation to Council and Public. Present the preliminary preferred
alternative to the Council at a public meeting.
Page 1 of 2
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 17-01-11
PRESENTER: Devin Poulson
POSITION: City Attorney
AGENDA ITEM # 4
AGENDA DATE: 1/24/2017
DEPARTMENT: Legal
Title: Ordinance No. 2017-02
AN ORDINANCE OF THE CITY OF EAST WENATCHEE granting a non-exclusive Franchise to CenturyLink Communications, LLC to construct, install, operate, maintain, repair, or remove fiber optic cables within the public ways of the City of East Wenatchee
History: This is a new franchise agreement with Centurylink.
Because Centurylink is a telecommunications company, who intends to operate fiber optic facilities, state law prohibits the City from charging a franchise fee. However, as a reasonable and agreed proxy of the actual costs incurred by the City in administering this Franchise, Centurylink has agreed to pay to the City an annual fee of $4,000.00.
This Franchise Agreement is similar to the one the City approved for Zayo Communications.
Legal Considerations: 1.An Ordinance granting a franchise may not beadopted on the day it was introduced to the CityCouncil.2.The Ordinance must be adopted at a regularmeeting.3.A majority of the City Council must vote for theOrdinance, not just a majority of a quorum.4.The City Clerk must publish the Ordinance before itis adopted.
Page 2 of 2
Exhibits:
Recommended Action: Second reading.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 0
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Sterk Councilmember Raab
Councilmember Johnson Councilmember Crawford
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Ordinance No. 2017-02
Page 1 of 37
City of East Wenatchee, Washington
Ordinance No. 2017-02
AN ORDINANCE OF THE CITY OF EAST WENATCHEE granting a non-exclusive Franchise to CenturyLink Communications, LLC to construct, install, operate, maintain, repair, or remove fiber optic cables within the public ways of the City of East Wenatchee.
CenturyLink Communications, LLC, a limited liability company organized and existing under the laws of the State of Delaware (“Franchisee”) is a competitive telecommunications company, which desires to occupy the City of East Wenatchee (“City”) public rights-of-ways to install, construct, operate, and maintain its telecommunications facilities and network; and
Franchisee has applied to the City for a non-exclusive franchise to enter, occupy, and use public ways in the City to construct, install, operate, maintain, and repair fiber optic facilities; and
A franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans;
Franchisee shall be responsible for its actual costs in using, occupying and repairing public ways;
The City and Franchisee desire to effectuate good coordination of the use of the rights-of-way; and
RCW 35A.21.245 and RCW 35.99 grants the City authority to regulate the use of public rights-of-way and to grant franchises for the use of its streets, public ways, and properties.
The City Council finds that the franchise terms and conditions contained in this ordinance are in the public interest.
Ordinance No. 2017-02
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of East Wenatchee as follows:
Section 1. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations will have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined will have the meaning ascribed to those words in the East Wenatchee Municipal Code, or in the federal Communications Act of 1934 as amended, unless inconsistent herewith.
“Affiliate” means any Person who owns or controls, is owned by or controlled by, or is under common ownership or control with Franchisee.
"Cable Service" means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
“City Council” means the governing body of the City.
“City Property” means all real property owned by the City whether in fee ownership or other interest within the City’s public street and alley rights-of-way.
"Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or tiles used for receiving and protecting wires, lines, cables, and communication and signal lines.
"Costs" means costs, expenses, and other financial obligations of any kind whatsoever.
"Dark Fiber" means properly functioning optical cable which is not used or available for use by Franchisee or the general public.
“Effective Date” means five days following the publication of this Franchise or a summary thereof occurs in an official newspaper of the City as provided by law.
“Facilities” means, collectively, any and all telecommunications transmission systems and appurtenances owned by Franchisee, now and in the future, in the Franchise Area, including, but
"Incremental Costs" means the actual and necessary costs incurred which exceed costs which would have otherwise been incurred.
Ordinance No. 2017-02
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Incremental costs shall not include any part, portion, or pro-ration of costs, of any kind whatsoever, including without limitation overhead or labor costs, which would have otherwise been incurred.
"Optical Cable" means wires, lines, cables and communication and signal lines used to convey communications by fiber optics.
“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind.
"Public Way" or “Right-of-Way” means any highway, street, road, sidewalk, alley or other public right of way or public utility easement under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to such purposes.
“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
“Telecommunications Applications Fees and Charges” includes fees and charges connected to right-of-way management, construction permit, permit design fee, building permit, encroachment permit, inspections and pavement restoration.
“Telecommunications Service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
“Telecommunications System” or “System” means only those facilities necessary for Franchisee to provide Telecommunications Service.
"Underground Facilities" means facilities located under the surface of the ground, other than underground foundations or supports for overhead facilities.
"Utility Poles" means poles, and crossarms, devices, and attachments directly affixed to such poles which are used for the transmission and distribution of electrical energy, signals, or other methods of communication.
Ordinance No. 2017-02
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Section 2. Franchise.
A.Subject to the terms and conditions of this Franchise, the Citygrants Franchisee a nonexclusive franchise and master permit toenter, occupy, and use public ways for constructing, installing,operating, maintaining, repairing, and removingtelecommunications facilities necessary to providetelecommunications services. Except as expressly providedotherwise in this Franchise, Franchisee shall construct, install,operate, maintain, repair, and remove its facilities at its expense.
B.Nothing in this Franchise grants authority to Franchisee to enter,occupy, or use City property.
C.Any rights, privileges, and authority granted to Franchisee underthis Franchise are subject to the legitimate rights of the policepower of the City to adopt and enforce general ordinancesnecessary to protect the safety and welfare of the public, andnothing in this Franchise excuses Franchisee from its obligation tocomply with all applicable general laws enacted by the Citypursuant to such power. Any conflict between the terms orconditions of this Franchise and any other present or futureexercise of the City's police powers will be resolved in favor of theexercise of the City's police power.
D.Nothing in this Franchise excuses Franchisee of its obligation toidentify its facilities and proposed facilities and their location orproposed location in the public ways and to obtain use and/ordevelopment authorization and permits from the City beforeentering, occupying, or using public ways to construct, install,operate, maintain, repair, or remove such facilities.
E.Nothing in this Franchise excuses Franchisee of its obligation tocomply with applicable codes, rules, regulations, and standardssubject to verification by the City of such compliance.
F.Nothing in this Franchise shall be construed to limit taxingauthority or other lawful authority to impose charges or fees, or toexcuse Franchisee of any obligation to pay lawfully imposedcharges or fees.
G.Nothing in this Franchise grants authority to Franchisee to impairor damage any City property, public way, other ways or otherproperty, whether publicly or privately owned.
H.Nothing in this Franchise shall be construed to create a duty upon
Ordinance No. 2017-02
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the City to be responsible for construction of facilities or to modify public ways to accommodate Franchisee's facilities.
I.Nothing in this Franchise grants authority to Franchisee toprovide or offer cable service as cable service is defined in 47U.S.C. 522(6) or Internet Protocol Television (“IPTV”) Service.
J.Franchisee may use the wired facilities authorized by thisFranchise for the transmission of telecommunications service onlyas expressly provided in this Franchise.
K.Nothing in this Franchise shall be construed to create, expand, orextend any liability of the City to any third party user ofFranchisee's facilities or to otherwise recognize or create thirdparty beneficiaries to this Franchise.
L.Nothing in this Franchise shall be construed to permit Franchiseeto unlawfully enter or construct improvements upon the propertyor premises of another.
Section 3. Term. The primary term of this Franchise is five years from the effective date of this Franchise. The Franchise will automatically renew for successive periods of five years (successive terms) each unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term.
Section 4. Location of Facilities.
A.Subject to the terms and conditions of this Franchise, Franchiseemay place optical cable, optical cable housing, and splicingconnections on utility poles as overhead facilities if approved bythe owner of the utility poles. All other facilities, including,without limitation, facilities required to operate or maintain suchoptical cable and optical cable housing, and splicing connectionsmust be underground facilities if they are located in a public way.
Nothing contained in this Section requires Franchisee to construct,operate, and maintain underground any ground-mountedappurtenances such as cross-connect boxes, meters, terminals,subscriber taps, line extenders, system passive devices (splitters,directional couplers), amplifiers, stand-by and other powersupplies, network reliability units, pedestals, or other relatedequipment.
B.Franchisee's facilities shall not unreasonably interfere with theuse of public ways or City property by the City, the general public,
Ordinance No. 2017-02
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or other persons or entities authorized to enter, occupy, or use public ways or City property. Whenever new facilities will exhaust the capacity of a public way to reasonably accommodate future users or facilities, the Franchisee shall provide nondiscriminatory access to its facilities to future users and facilities.
C.Franchisee shall not impair or damage any City property or publicway
D. Franchisee shall relocate its facilities at the reasonable request ofthe City when there is construction, alteration, repair orimprovement of a public way. Franchisee shall complete therelocation by the date specified by the City, unless the City, or areviewing court, establishes a later date for completion, after ashowing by Franchisee that the relocation cannot be completed bythe dates specified using best efforts and meeting safety andservice requirements. Franchisee shall relocate its facilities at itsexpense except:
(1)Where the Franchisee had paid for the relocation costs of thesame facilities at the request of the City within the past fiveyears, the Franchisee's share of the cost of relocation will bepaid by the City if it requested the subsequent relocation.
(2)Where the Franchisee has an ownership share of the existingutility poles upon which its optical cable and optical cablehousing are located as overhead facilities, the additionalincremental cost of underground relocation, or as provided forin an approved tariff if less, will be paid by the City if theCity requires the underground relocation.
(3)Where the City requests relocation of underground facilitiessolely for aesthetic purposes, the cost of relocation shall bepaid by the City
(4)Where the construction, alteration, repair or improvement ofa public way is primarily for private benefit (be it a developeror otherwise), the Franchisee may seek reimbursement fromthe private party or parties for the cost of relocation in thesame proportion as their contribution to the costs of theproject, taking into account the impact of the project;provided, however, in no event shall the City be considered aprivate party for purposes of seeking reimbursement underthis section.
E. Franchisee shall relocate its facilities at its expense at the requestof the City in the event of an unforeseen emergency that creates animmediate threat to the public safety, health or welfare.
Ordinance No. 2017-02
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F. Franchisee shall comply with Municipal Codes and requirementsregarding historic districts.
Section 5. Pole, Structures and Property Owned by Others. Franchisee must obtain written approval from the owners of utility poles, structures and property not owned by Franchisee prior to attaching to or otherwise using such poles, structures or property, and provide proof of such approval to the City. In the cases where the City owns the utility poles or structures the Franchisee shall comply with the Municipal Code provisions as preparation for a specific project plan and permit submittal. The City makes no representation and assumes no responsibility for the availability of utility poles, structures, and property owned by third parties for the installation of Franchisee's facilities. The City shall not be liable for the unavailability of utility poles, structures, and property owned by the City or third parties for any reason whatsoever. The installation of facilities by Franchisee on or in the poles, structures, or property owned by others shall be subject to and limited by the owner's authority to enter, occupy, and use public ways. In the event that the authority of the owner of poles, structures, or property to enter, occupy, and use the public ways either expires, terminates, or is cancelled, the authority of Franchisee to construct, install, operate, maintain, and repair Franchisee's facilities at such locations may be immediately cancelled at the sole option of the City. The City shall not be liable for the costs for removal of facilities arising from expiration, termination, or cancellation of any pole owner's authority to enter, occupy, or use public ways for any reason whatsoever.
Section 6. Construction and Installation Requirements.
A.The technical performance of the facilities must meet or exceed allapplicable technical standards authorized or required by law,regardless of the transmission technology utilized. The City willhave the full authority permitted by applicable law to enforcecompliance with these technical standards.
B.All installations of facilities will be durable and installed inaccordance with good engineering, construction, and installationpractices.
C.All facilities shall be constructed and installed in such mannerand at such points so as not to inconvenience City or public use ofthe public ways or to adversely affect the public health, safety orwelfare and in conformity with plans approved by the City, exceptin instances in which deviation may be allowed by the City.
Ordinance No. 2017-02
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D.The construction plans and Franchisee’s operations shall conformto all federal, state, local, and industry codes, rules, regulations,standards and laws. Franchisee must cease work immediately ifthe City determines that Franchisee is not in compliance withsuch codes, rules, regulations, or standards, and may not begin orresume work until the City determines that Franchisee is incompliance. The City shall not be liable for any costs arising out ofdelays occurring as a result of such work stoppage.
E.The Telecommunications System constructed, maintained andoperated by virtue of this Franchise, shall be so constructed,maintained and operated in accordance with all applicableengineering codes adopted or approved by the City, State ofWashington, federal government and/or engineering professionand in accordance with any applicable Statutes of the State ofWashington, rules and regulations of the applicable Washingtonregulatory authority, Ordinances of the City or of any othergovernmental regulatory commission, board or agency havingjurisdiction over Franchisee.
F.Franchisee shall secure the required permits, licenses, or otherforms of approval needed to lawfully occupy and use public ways.Franchisee shall have the sole responsibility for obtaining, at itsown cost and expense, all permits, licenses, or other forms ofapproval or authorization necessary to construct, operate,maintain or repair or expand the System, and to construct,maintain and repair any part thereof.
G.Franchisee or its designee shall have the authority to trim trees orbranches measuring up to two inches in caliper on public propertyor which overhang streets, alleys, sidewalks and public ways of theCity so as to prevent the branches of such trees from coming incontact with wires and cables of the Franchisee. Franchisee or itsdesignee shall give prior written notice and shall obtain approvalfrom the Public Works Director before trimming trees measuringmore than two inches in caliper. The City agrees to either approveof Franchisee’s request or to meet with Franchisee to review theproposed tree trimming within two business days of the receipt ofFranchisee’s written notice. Franchisee takes full responsibility forremoving debris when the work is complete. All trimming is to bedone at the sole expense and responsibility of Franchisee.Franchisee is solely responsible for property or tree damage causedby it, and must full restore any such property or tree damage whenso requested by the City. In an emergency, Franchisee or itsdesignee shall have the right to trim trees without prior approvalfrom the City.
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Trimming of trees and shrubbery within or overhanging the public ways to prevent contact with Franchisee’s Facilities shall be done in such a manner to cause the minimum amount of damage to trees and shrubs. If trees are excessively damaged as a result of the work undertaken by or on behalf of Franchisee, Franchisee shall pay the City, within 30 days of submission of a statement by the City, the reasonable cost of any treatment required to preserve a tree or shrub or the cost for removal and replacement of the tree or shrub with landscaping of equal value or the value of the tree or shrub prior to the damage or removal, as determined by the Public Works Director or other authorized agent of the City. Any trimming or removal of trees or shrubs shall be done in full compliance with the City’s Ordinances and all other laws or regulations of the City.
H.Neither approval of plans by the City nor any action or inaction bythe City shall relieve Franchisee of any duty, obligation, orresponsibility for the competent design, construction, andinstallation of its facilities. Franchisee is solely responsible for thesupervision, condition, and quality of the work done, whether it isperformed by itself or by its contractors, agents, or assigns.
I.Except as to emergency repairs, Franchisee shall, prior toexcavating within any street, alley or other public place, andinstalling any conduit, overhead cable or equipment therein, filewith the Public Works Director plans and specifications thereofshowing the work to be done, the location and nature of theinstallation to be made, repaired or maintained, and a scheduleshowing the times of beginning and completion and shall secure apermit from the City before proceeding with any such work. TheFranchisee shall conform to all requirements of the MunicipalCode (as enacted or as amended).
J.All construction and/or maintenance work as provided herein shallbe performed in conformity with the plans and specifications filedwith the City and with the permit or permits issued, except ininstances in which deviation may be allowed thereafter in writingpursuant to an application by the Franchisee.
K.Street excavations shall be dealt with through the standard Right-of-Way permitting process (East Wenatchee Municipal CodeChapter 12.04 (as enacted or as amended)). The City shall notunreasonably withhold or delay issuing the applicable permit. Lineextensions also require early consultation with the City to look atcorridors and where Facilities shall be placed. However, in theevent of an emergency requiring immediate action by Franchisee
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for the protection of the Facilities, City property or other persons or property, Franchisee may proceed without first obtaining the normally required permits. In such event Franchisee must (1) take all necessary and prudent steps to protect, support, and keep safe from harm the Facilities, or any part thereof; City property; or other persons or property, and to protect the public welfare, health and safety; and (2) as soon as possible thereafter, must obtain the required permits and comply with any mitigation requirements or other conditions in the after-the-fact permit.
L.Unless such condition or regulation is in conflict with a federal orstate requirement, the City may condition the granting of anypermit or other approval that is required under this Franchise, inany manner reasonably necessary for the safe use andmanagement of the public right-of-way or the City’s propertyincluding, by way of example and not limitation, maintainingproper distance from other utilities, protecting the continuity ofpedestrian and vehicular traffic and Rights-of-Way improvements,private facilities and public safety.
M.Whenever necessary, after construction or maintaining any ofFranchisee’s Facilities within the Rights-of-Way, the Franchiseeshall, without delay, and at Franchisee’s sole expense, remove alldebris and restore the surface disturbed by Franchisee as nearly aspossible to as good or better condition as it was in before the workbegan. Franchisee shall replace any property corner monuments,survey reference or equipment that were disturbed or destroyedduring Franchisee’s work in the Rights-of-Way. Such restorationshall be done in a manner consistent with applicable codes andlaws and to the City’s satisfaction and specifications whereapplicable.
N.Within 30 days of the effective date of this Franchise, Franchiseeshall provide the City with as built maps showing Facilities withinthe Franchise Area subject to the City’s agreement to maintain theconfidentiality of such information to the extent allowed by law.The City agrees that any records turned over by Franchiseeconstitute trade secrets and that City will comply with all stateand federal laws prohibiting disclosure of Franchisee’s maps andinformation to any third party to the maximum extent allowed bylaw, and will provide Franchisee with advance notice sufficient toprovide Franchisee an opportunity to challenge such disclosureunder law.
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O.Within 30 days of receiving a written request from the City,Franchisee must provide the City with maps identifying thelocation of Franchisee’s Facilities located within a specific publicway in a Computer Aided Design (CAD) format.
P.Franchisee shall at all times keep up-to-date maps and recordsshowing the location and sizes of all Franchisee facilities installedby it in the Franchise Area. Franchisee shall provide - a copy offacilities maps for the City’s use subject to the confidentialityrestrictions stated in subsection N, above.
Q.Any map or information furnished to the City pursuant to thisFranchise shall remain the Franchisee’s proprietary informationfor all purposes to the extent allowed by law.
R.Franchisee shall provide locates and field verify its facilities at nocost to the City.
S.Franchisee shall be solely and completely responsible forworkplace safety and safe working practices on its job sites withinthe Franchise area, including safety of all persons and propertyduring the performance of any work.
T.All of Franchisee’s underground facilities shall be laid inaccordance with current City regulations and project permitrequirements. Unless otherwise approved by the Public WorksDirector, underground facilities must maintain (parallel) ten feetof separation from water mains and sewer mains. Franchiseeshall restore the public way to pre-construction condition orbetter. Franchisee shall restore all landscaping as close topreconstruction condition as possible. Franchisee agrees to pay allcosts and expenditures required on Rights-of-Way as a result ofsettling, subsidence, or any other need for repairs or maintenanceresulting from excavations made by Franchisee for necessarytrench patch maintenance until the next paving job. Favorableweather conditions permitting, Franchisee agrees to repairRights-of-Way as a result of settling, subsidence, or other neededrepairs or maintenance resulting from excavations made by theFranchisee upon 48 hours’ notice excluding weekends andholidays. If Franchisee fails to undertake such repairs as hereinprovided, the City may perform the repairs at Franchisee’sexpense.
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U.Franchisee shall notify the City in advance of any nonemergencywork in the Right-of-Way that involves excavation. Franchiseeshall provide documentation in advance to the City for street cuts.Design review is not required where trenching does not occur or forroutine repair and maintenance.
Section 7. Coordination of Construction and Installation Activities and Other Work.
A.Franchisee shall coordinate its planned construction andinstallation activities and other work with the City and other usersof the public ways at least annually or as determined by the City.
B.All construction or installation locations, activities and schedulesshall be coordinated to the extent possible, as reasonably orderedby the City, to minimize public inconvenience, disruption ordamages.
C.At least 48 hours prior to entering a public way to performnonemergency construction and installation activities or otherwork, Franchisee shall give notice, at its cost, to propertiesadjacent to such public ways indicating the nature and location ofthe work to be performed. Such notice shall be mailed to theproperty address, or physically posted by door hanger.
D.Franchisee shall make available and accept, to the extent inaccordance with all codes and applicable law and not otherwise inconflict with Franchisee’s facilities, the co-location ofcommunications facilities of others within trenches excavated orused by Franchisee in the public ways.
E.By February 1 of each year, Franchisee shall provide the City witha schedule of its proposed construction or installation activitiesand other work in, around, or that may affect the public ways orCity property, if any.
F.By May 1 of each year, the respective representatives of the City,Franchisee, and other utilities and service providers shall meet toshare and discuss their multi-year plan for public wayconstruction. The City shall coordinate the meetings and providenotice to Franchisee.
G.The City shall give reasonable advance notice to Franchisee ofplans to open public ways for construction or installation offacilities; provided, however, the City shall not be liable fordamages for failure to provide such notice. When such notice has
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been given, Franchisee shall provide information requested by the City regarding Franchisee's future plans for use of the public way to be opened. When notice has been given, Franchisee may only construct or install facilities during such period that the City has opened the public way for construction or installation.
Section 8. Temporary Removal, Adjustment or Alteration of Facilities.
A.Except as otherwise provided by this Franchise, including section4.E., or as otherwise required by law, Franchisee shall temporarilyremove, adjust or alter the position of its facilities at its cost at therequest of the City for public projects, events, or other publicoperations or purposes.
B.Franchisee shall locate the horizontal location of its undergroundfacilities in accordance with state excavation laws and shall reportupon request the standard depth of its underground facilities.
C.If any person requests permission from the City to use a publicway for the moving or removal of any building or other object, theCity shall, prior to granting such permission, require such personor entity to make any necessary arrangements with Franchisee forthe temporary removal, adjustment or alteration of Franchisee'sfacilities to accommodate the moving or removal of said building orother object. In such event, Franchisee shall, at the cost of theperson desiring to move or remove such building or other object,remove, adjust or alter the position of its facilities which mayobstruct the moving or removal of such building or other object,provided that:
(1)The moving or removal of such building or other object whichnecessitates the temporary removal, adjustment or alterationof facilities shall be done at a reasonable time and in areasonable manner so as to not unreasonably interfere withFranchisee's business, consistent with the maintenance ofproper service to Franchisee's customers;
(2)Where more than one route is available for the moving orremoval of such building or other object, such building orother object shall be moved or removed along the routewhich causes the least interference with the operations ofFranchisee, in the sole discretion of the City;
(3)The person obtaining such permission from the City to moveor remove such building or other object may be required toindemnify and save Franchisee harmless from any and allclaims and demands made against it on account of injury ordamage to the person or property of another arising out of or
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in conjunction with the moving or removal of such building or other object, to the extent such injury or damage is caused by the negligence of the person moving or removing such building or other object or the negligence of the agents or employees of the person moving or removing such building or other object; and
(4)Completion of notification requirements by a person who hasobtained permission from the City to use a public way for themoving or removal of any building or other object shall bedeemed to be notification by the City.
D.The City may require Franchisee to temporarily remove, adjust oralter the position of Franchisee's facilities as the City mayreasonably determine to be necessary at no cost to the City forpublic work deemed needed by the City in the Rights-of-Way. TheCity shall not be liable to Franchisee or any other party for anydirect, indirect, consequential, punitive, special or other damagessuffered as a direct or indirect result of the City's actions, except tothe extent caused by the negligence or willful misconduct of City orits contractors.
Section 9. Safety and Maintenance Requirements.
A.All work authorized and required under this Franchise will beperformed in a safe, thorough, and workmanlike manner.
B.Franchisee, in accordance with applicable federal, state, and localsafety requirements shall, at all times, employ ordinary care andshall use commonly accepted methods and devices for preventingfailures and accidents which are likely to cause damage, injury, ornuisance to occur. All facilities, wherever situated or located, shallat all times be kept in a good, safe, and suitable condition. If aviolation of a safety code or other applicable regulation is found toexist by the City, the City may, after discussions with Franchisee,establish a reasonable time for Franchisee to make necessaryrepairs. If the repairs are not made within the established timeframe, the City may make the repairs itself at the cost of theFranchisee or have them made at the cost of Franchisee.
C.If Franchisee fails to commence, pursue or complete any workrequired by law, this Franchise or any applicable permit to bedone in any public way within the time prescribed and to thesatisfaction of the City, the City may at its discretion cause thework to be done. Franchisee shall pay to the City the reasonablecosts of the work in an itemized report provided by the City to
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Franchisee within 30 days after receipt of such report.
D.Franchisee, and any person acting on its behalf, shall provide atraffic control plan that conforms to the latest edition of theManual of Uniform Traffic Control Devices (MUTCD). Said planshall use suitable barricades, flags, flagmen, lights, flares, andother measures as required for the safety of all members of thegeneral public during the performance of work, of any kindwhatsoever, in public ways to prevent injury or damage to anyperson, vehicle, or property. Franchisee shall implement andcomply with its approved traffic control plan during execution ofits work. The traffic control plan shall be developed and kept onsite in Franchisee’s possession for all work impacting vehicularand pedestrian traffic. Prior approval is not required of trafficcontrol plans. Traffic control plans may be modified as necessaryby the Franchisee to achieve effective and safe traffic control. Allroad closures requested by Franchisee require a detour plansubmitted at least 48 hours in advance and prior City approvalunless there is an emergency.
E.Franchisee shall maintain its facilities in proper working order.Franchisee shall restore its facilities to proper working order uponreceipt of notice from the City that facilities are not in properworking order. The City may, after discussions with Franchisee,establish a reasonable time for Franchisee to restore its facilities toproper working order. If the facilities are not restored to properworking order within the established time frame, the City mayrestore the facilities to proper working order or have them restoredat the cost of Franchisee.
F.The City shall have the right to inspect all construction andinstallation work performed by Franchisee pursuant to thisFranchise to the extent necessary to ensure compliance byFranchisee. On an ongoing basis, Franchisee shall certify to theCity that Franchisee’s work is being performed and completed in asatisfactory manner.
G.The City reserves the right to lay, and permit to be laid, sewer,electric, phone, gas, water and other pipelines, cables, conduitsand related appurtenances and to do, or permit to be done, anyunderground or overhead work in, across, along, over or under apublic way or other public place occupied by Franchisee. The Cityalso reserves the right to construct new streets and public utilitiesand to alter the design of existing streets and public utilities. Inperforming such work, the City shall not be liable to Franchisee
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for any damage except to the extent caused by the negligence or willful misconduct of City or its contractors , and nothing herein shall relieve any other person or entity from the responsibility for damages to Franchisee’s Facilities. The City will use its best efforts to provide Franchisee with reasonable advance notice of plans by other persons to open the public ways.
H.On notice from the City that any work is being performed contraryto the provisions herein, or in an unsafe or dangerous manner or inviolation of the terms of any applicable permit, laws, regulations,ordinances or standards, the City may issue a stop work order andFranchisee shall stop the work immediately. The City shall issue astop work order in writing, unless given verbally in the case of anemergency, and provide the order to the individual doing work orpost it on the work site. A copy of the order shall be sent toFranchisee, and the order must indicate the nature of the allegedviolation or unsafe condition and the conditions under whichFranchisee may resume work.
Section 10. Removal of Unauthorized Facilities. Within 30 days following written notice from the City, and unless otherwise agreed to by the parties, Franchisee shall, at its expense, remove unauthorized facilities and restore public Rights-of-Way and other property to as good a condition as existed prior to construction or installation of its facilities. Any plan for removal of said facilities must be approved by the City prior to such work. Facilities are unauthorized and subject to removal in the following circumstances:
A.Upon expiration, termination, or cancellation of this Franchise,except where the parties are engaged in good faith negotiations ofa renewal of this Franchise or new agreement;
B.Upon notice by Licensee of abandonment of the Facilities or wheresuch Facilities shall be deemed abandoned due to evidence ofinoperability for a period of 90 days;
C.If the facilities were constructed or installed prior to the effectivedate of this Franchise; unless such facilities were constructed viaother form of approval or installed upon the condition ofsubsequent approval of this Franchise with the consent of the City;
D.If the facilities were constructed, installed, operated, maintained,or repaired without the prior issuance of required use and/ordevelopment authorization and permits; or
E.If the facilities were constructed or installed or are operated,
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maintained or repaired in violation of the terms or conditions of this Franchise.
F.If the facilities are unauthorized for any reason whatsoever.
Provided, however, that the City may, in its sole discretion, allow a Franchisee to abandon facilities in place. No facilities may be abandoned in place without the express written consent of the City. Upon consensual abandonment in place of facilities, the facilities shall become property of the City, and Franchisee shall submit to the City an instrument in writing, to be approved by the City, transferring to the City the ownership of such facilities. The failure of Franchisee to submit an instrument shall not prevent, delay, or impair transfer of ownership to the City.
Section 11. Restoration of Public Ways and Other Property.
A.When Franchisee, or any person acting on its behalf, does anywork in or affecting any public way or other property, it shall, atits own expense, promptly remove any obstructions therefrom andrestore, at Franchisee's cost, such ways and property to as good acondition as existed before the work was undertaken, unlessotherwise directed by the City.
B.If weather or other conditions do not permit the completerestoration required by this section, the Franchisee shalltemporarily restore the affected ways or property. Such temporaryrestoration shall be at the Franchisee's cost, and Franchisee shallpromptly undertake and complete the required permanentrestoration when the weather or other conditions no longer preventsuch permanent restoration.
C.All restoration work is subject to inspection and final approval bythe City. If restoration is not made to the satisfaction of the Citywithin the established timeframe, the City may make therestoration itself at the cost of Franchisee or have them made atthe cost of Franchisee.
Section 12. Use and/or Development Authorization and Permits. Franchisee shall obtain use, right-of-way construction, and/or development authorization and required permits from the City and all other appropriate regulatory authorities prior to constructing or installing facilities or performing other work in a public way. The City must act on applications for use and/or development authorization or required permits within 60 days of receipt of a completed application, unless Franchisee consents to a different time period.
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A.Franchisee shall provide the following information for all facilitiesthat it proposes to construct or install:
(1) Engineering plans, specifications and a network map of theproposed facilities and their relation to existing facilities, in aformat and media requested by the City in sufficient detail toidentify:
a.The location and route of the proposed facilities;
b.When requested by the City, the location of all overheadand underground public utility, telecommunication,cable, water, sewer, drainage and other facilities in thepublic way along the proposed route;
c.When requested by the City, the location(s), if any, forinterconnection with the telecommunication facilities ofothers;
d.The specific trees, structures, improvements, facilitiesand obstructions, if any, that Franchisee proposes totemporarily or permanently alter, remove or relocate.
(2) If Franchisee is proposing to install overhead facilities,evidence of Franchisee’s authorization to use each utilitypole along the proposed route together with any conditions ofuse imposed by the pole owner(s) for each pole; if theoverhead facilities are subsequently relocated underground,the Franchisee shall relocate underground at no cost to theCity. If the Franchisee proposes to install overhead facilitieson City-owned poles or structures, the Franchisee shallcomply with all applicable provisions of the East WenatcheeMunicipal Code.(3) If Franchisee is proposing to install underground facilities inexisting ducts or conduits within the public ways,information in sufficient detail to identify:
a.Evidence of ownership or authorization to use suchducts or conduits;
b.Conditions of use imposed by the owner(s) of the ductsor conduits;
c.If known to Franchisee or reasonably ascertainable toFranchisee, the total capacity of such ducts or conduits;and
d.If known to Franchisee or reasonably ascertainable toFranchisee, the amount of the total capacity withinsuch ducts or conduits which will be occupied byFranchisee’s facilities.(4) If Franchisee is proposing to install underground facilities innew ducts or conduits within the public ways:
a.The location proposed for new ducts or conduits;
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b.The total number of such ducts or conduits; and
c.The initial listing of colocated facilities located withinFranchisee constructed or installed ducts or conduits.(5) A preliminary construction schedule and completion datetogether with a traffic control plan in compliance with theMUTCD for any construction.(6) Information to establish that the applicant has obtained allother governmental approvals and permits to construct andoperate the facilities.(7) Such other documentation and information regarding thefacilities requested by the City.
B.The requirements of this section do not apply to installation ofoptical cable necessary to connect a customer of Franchisee to apreviously approved facility; provided that neither excavation nortrenching in the public right-of-way is required, that the opticalcable does not cross a distance of more than eighty (80) feet fromits point of connection to the approved facility and the point whereit exits the public right-of-way, that the optical cable connectionmeets or exceeds all applicable technical standards required bylaw, that the optical cable connection is durable and installed inaccordance with good engineering, construction, and installationpractices and does not interfere with the public use of the publicways, or adversely affect public health, safety or welfare, that theoptical cable connection is constructed and installed to conform toall federal, state, local, and industry codes, rules, regulations, andstandards, and that the optical cable connection does not damageor impair the City’s public way or property.
C.The requirements of this section do not apply to repair ormaintenance of a previously approved overhead facility; providedthat the location and size of the previously approved facility is notmaterially changed, that no additional new facilities areconstructed or installed, that the repair or maintenance activitiesare conducted in accordance with good engineering, repair, andmaintenance practices and do not interfere with the public use ofthe public ways, or adversely affect public health, safety, orwelfare, that maintenance or repair activities conform to allfederal, state, local, and industry codes, rules, regulations, andstandards, and that the repair or maintenance activities complywith the Municipal Code.
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D.Franchisee shall not be granted development authorization orissued permits for construction or installation of new facilitiesunless Franchisee is in full compliance with the provisions of thisFranchise and all of Franchisee’s existing facilities have beenexpressly approved by the City in writing.
Section 13. Hold Harmless and Assumption of Risk.
A.Hold Harmless.
(1)Franchisee hereby releases, covenants not to bring suit andagrees to indemnify, defend and hold harmless the City, itselected officials, officers, employees, agents, andrepresentatives against any and all claims, costs, damages,judgments, awards, attorneys’ fees or liability, of any kindwhatsoever, to any person, including claims by Franchisee'sown employees to which Franchisee might otherwise beimmune under Title 51 RCW, arising from injury or death ofany person or damage to property arising out of the negligentacts or omissions of Franchisee, its officers, employees,agents or representatives.
(2)Franchisee further releases, covenants not to bring suit andagrees to indemnify, defend and hold harmless the City, itselected officials, officers, employees, agents, andrepresentatives from any and all claims, costs, damages,judgments, awards, attorneys’ fees or liability to any personarising out of Franchisee's exercise of the rights, privileges,or authority granted by this Franchise which are madeagainst the City, in whole or in part, due to the City'sownership or control of the public ways or other Cityproperty, by virtue of the City permitting the Franchisee'sentry, occupancy or use of the public ways, or based upon theCity's inspection or lack of inspection of work performed byFranchisee, its officers, employees, agents or representatives.
(3)These hold harmless covenants include, but are not limited toclaims against the City arising as a result of the acts oromissions of Franchisee, its officers, employees, agents orrepresentatives in barricading, instituting trench safetysystems or providing other adequate warnings of anyexcavation, construction, or work in any public way or otherpublic place in performance of work or services permittedunder this Franchise.
(4)Franchisee further agrees to indemnify, hold harmless anddefend the City, its elected officials, officers, employees,agents, and representatives against any claims for damages,including, but not limited to, business interruption damages
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and lost profits, brought by or under users of the Franchisee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of damage or destruction of Franchisee's facilities, except to the extent any such damage or destruction is caused by or arises from the active gross negligence of the City.
(5)In the event of liability for damages arising out of bodilyinjury to persons or damages to property caused by orresulting from the concurrent negligence of Franchisee andthe City, Franchisee shall have no duty to indemnify ordefend City and Franchisee’s liability hereunder shall be onlyto the extent of Franchisee's negligence.
(6)It is further specifically and expressly understood that thehold harmless covenants provided herein constitutes theFranchisee's waiver of immunity under Title 51 RCW. Thiswaiver has been mutually negotiated by the parties.
(7)Inspection or acceptance by the City of any work performedby Franchisee at the time of completion of construction orinstallation shall not be grounds for avoidance of any of thesehold harmless covenants. Said hold harmless obligationsshall extend to claims which are not reduced to a suit andany claims which may be compromised prior to theculmination of any litigation or the institution of anylitigation.
(8)In the event that Franchisee refuses the tender of defense inany suit or any claim, said tender having been madepursuant to the hold harmless covenants contained herein,and said refusal is subsequently determined by a courthaving jurisdiction (or such other tribunal that the partiesshall agree to decide the matter), to have been a wrongfulrefusal on the part of Franchisee, then Franchisee shall payand be responsible for all of the City's costs for defense of theaction, including all reasonable expert witness fees andreasonable attorneys' fees and the reasonable costs of theCity, including reasonable attorneys' fees of recovering underthis hold harmless clause.
B.Assumption of Risk.
(1)Franchisee assumes the risk of damage to its facilitieslocated in the City's public ways from activities conducted bythird parties or the City, its elected officials, officers,employees, agents, or representatives. Franchisee releasesand waives any and all claims against the City, its electedofficials, officers, employees, agents, and representatives for
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damage to or destruction of the Franchisee's facilities except to the extent any such damage or destruction is caused by or arises from the gross negligence of the City.
(2)Franchisee bears sole responsibility to insure its property.Franchisee shall ensure that its insurance contracts waivesubrogation claims against the City, its elected officials,officers, employees, agents, and representatives, andFranchisee shall indemnify, defend and hold harmless theCity, its elected officials, officers, employees, agents, andrepresentatives against any and all subrogation claims if itfails to do so.
Section 14. Insurance. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance in accordance with State law requirements and the following liability insurance policies insuring both Franchisee and the City, and the City’s elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee:
A.The Franchisee shall maintain throughout the term of the
Franchise insurance in amounts at least as follows:
Workers’ Compensation Statutory Limits
Commercial General
Liability
$2,000,000 per occurrence,
Combined Single Limit (C.S.L.)
$5,000,000 General Aggregate
Auto Liability including
coverage on all owned, non-
owned hired autos
$2,000,000 per occurrence
C.S.L.
Umbrella Liability $1,000,000 per occurrence
C.S.L.
B.The City shall be added as an additional insured, arising out
of work performed by Charter, to the above Commercial
General Liability, Auto Liability and Umbrella Liability
insurance coverage.
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C. The liability insurance policies required by this section shallbe maintained by Franchisee throughout the term of thisFranchise, such other periods of time during whichFranchisee's facilities occupy public ways, and whileFranchisee is engaged in the removal of its facilities.Franchisee shall provide a memorandum of insurance, whichcontains a blanket endorsement including the City, and itselected and appointed officers, officials, agents, employees,representatives, engineers, consultants, and volunteers asadditional insureds, to the City prior to the commencement ofany construction or installation of any facilities pursuant tothis Franchise or other work in a public way. Payment ofdeductibles and self-insured retentions shall be the soleresponsibility of Franchisee. The evidence of insurancerequired by this section shall contain a clause stating thatcoverage shall apply separately to each insured againstwhom a claim is made or suit is brought, except with respectto the limits of the insurer's liability. Franchisee's insuranceshall be primary insurance with respect to the City, itsofficers, officials, employees, agents, consultants,representatives, engineers and volunteers and any insurancemaintained by the City, its officers, officials, employees,consultants, agents, and volunteers shall be in excess of theFranchisee's insurance and shall not contribute to it (but onlyfor the actions of Franchisee or those whom Franchisee isresponsible).
D. In addition to the coverage requirements set forth in thissection, each such insurance policy shall contain anendorsement in a form which substantially complies with thefollowing:
The aforesaid policies shall provide that said insuranceshall not be canceled unless thirty (30) days priorwritten notice (ten days for non-payment of premium)shall have been given to City (provided, however, thatin the event that Franchisee’s insurance carrier will notprovide such notice to City, then Franchisee mustprovide such written notice to City within the timeframes set forth above on any of the required coveragesthat are not replaced).
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E. At least five (5) days prior to said cancellation or non-renewal,Franchisee shall obtain and make available to the City, evidenceof replacement insurance policies meeting the requirements of thissection. Evidence of Franchisee’s insurance is available atwww.centurylink.com/moi.
Section 15. Performance Bond. Franchisee shall file with the City a performance bond in the amount specified by the City at the time the City grants Franchisee a requested construction permit. This bond shall be maintained throughout the period of time that Franchisee is performing work under such applicable construction permit. In the event Franchisee fails to comply with any law, ordinance, or regulation governing the Franchise, or fails to perform, observe, and fulfill each term, condition and covenant of the Franchise, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damage or loss suffered by the City.
Section 16. Security Fund. In addition to the performance bond, Franchisee shall establish and maintain a security fund in the amount of $8,000, at its cost, with the City by depositing such bond, letters of credit, or other instruments in such form and amount acceptable to the City within 30 calendar days of the effective date of this Franchise. No sums may be withdrawn from the fund by Franchisee without consent of the City. The security fund shall be maintained at the sole expense of Franchisee so long as any of the Franchisee’s facilities occupy a public way.
A.The fund shall serve as security for the performance of thisFranchise, including any claims, costs, damages, judgments,awards, attorneys’ fees or liability, of any kind whatsoever, theCity pays or incurs, including civil penalties, because of any failureattributable to Franchisee to comply with the provisions of thisFranchise or the codes, ordinances, rules, regulations, standards,or permits of the City.
B.Before any sums are withdrawn from the security fund, the Cityshall give written notice to Franchisee:
(1)Describing the act, default or failure to be remedied, or theclaims, costs, damages, judgments, awards, attorneys’ fees orliability which the City has incurred or may pay by reason ofFranchisee's act or default;
(2)Providing a reasonable opportunity for Franchisee to firstremedy the existing or ongoing default or failure, if
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applicable;
(3)Providing a reasonable opportunity for Franchisee to pay anymonies due the City before the City withdraws the amountthereof from the security fund, if applicable; and
(4)Franchisee will be given an opportunity to review the act,default or failure described in the notice with the City or hisor her designee.
C.Franchisee shall replenish the security fund within fourteen (14)days after written notice from the City that there is a deficiency inthe amount of the fund.
D.Insufficiency of the security fund shall not release or relieveFranchisee of any obligation or financial responsibility.
Section 17. Taxes, Charges, and Fees.
A.As a reasonable and agreed proxy of the actual costs incurred bythe City in administering this Franchise, Franchisee shall pay tothe City an annual franchise fee of $4,000.00 during each year, orportion thereof, in which the Franchise is in effect. Such fee shallbe due and payable by Franchisee not later than 30 calendar daysafter the effective date and each anniversary date of the Franchise.
B.Franchisee shall also pay and be responsible for any permit whichmay be required, or for such out of pocket costs that the City incursdue to this Franchise that can lawfully be attributed to Franchisee,including reasonable application and processing charges and feesimposed by the City.
(1)Franchisee shall pay a franchise processing fee of $1,500.00within 30 calendar days of the effective date of thisFranchise.
(2)Franchisee shall pay fees according to applicable feeschedules and sections of the Municipal Code.
C.Franchisee shall pay and be responsible for taxes permitted bylaw.
Section 18. Additional Ducts and Conduits.
A.Franchisee shall construct and install additional ducts andconduits when and where requested by the City and relatedstructures necessary to access the ducts and conduits. Such ductsand conduits shall be readily accessible and available forgovernmental use as determined by the City in its reasonable
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discretion. Such ducts and conduits shall not be used to provide telecommunications or cable service for hire, sale, or resale to the general public unless otherwise agreed by the parties. The City shall be responsible for incremental costs to construct and install such ducts and conduits, and for its pro rata share of any maintenance removal or repair costs.
Section 19. Omitted.
Section 20. Acquisition of Facilities. Upon Franchisee’s acquisition of any facilities in the public way, or upon any addition or annexation to the City of any area in which Franchisee has facilities, such facilities shall immediately be subject to the terms of this Franchise without further action of the City or Franchisee.
Section 21. One-Call. Franchisee is responsible for complying with the provisions of Washington’s One-Call statutes.
Section 22. Vacation of Public Ways. The City reserves the right to vacate any public way which is subject to rights, privileges, and authority granted by this Franchise. If Franchisee has facilities in such public way, the City shall reserve an easement for Franchisee.
Section 23. Duty to Provide Information. Within 30 days of a written request from the City, Franchisee shall furnish the City with all requested information sufficient to demonstrate:
A.That Franchisee has complied with all requirements of thisFranchise; and
B.That taxes, fees, charges, or other costs owed or payable byFranchisee have been properly collected and paid.
Franchisee's obligations under this section are in addition to those provided elsewhere in this Franchise.
Section 24. Records.
A.Franchisee will manage all of its operations in accordance with apolicy of keeping its documents and records open and accessible tothe City. The City will have access to, and the right to inspect, anydocuments and records of Franchisee and its affiliates that arereasonably necessary for the enforcement of this Franchise or toverify Franchisee's compliance with terms or conditions of thisFranchise. Franchisee will not deny the City access to any ofFranchisee's records on the basis that Franchisee's documents or
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records are under the control of any affiliate or a third party.
B.All documents and records maintained by Franchisee shall bemade available for inspection by the City at reasonable times andintervals; provided, however, that nothing in this section shall beconstrued to require Franchisee to violate state or federal laws,including those regarding subscriber privacy, nor shall this sectionbe construed to require Franchisee to disclose proprietary orconfidential information without adequate safeguards for itsconfidential or proprietary nature.
C.One copy of documents and records requested by the City will befurnished to the City at the cost of Franchisee. If the requesteddocuments and records are too voluminous or for security reasonscannot be copied or removed, then Franchisee may request, inwriting within ten (10) days of the City's request, that the Cityinspect them at Franchisee's local office. If any documents orrecords of Franchisee are not kept in a local office and/or are notmade available in copies to the City, and if the City determinesthat an examination of such documents or records is necessary orappropriate for the enforcement of this Franchise, or to verifyFranchisee's compliance with terms or conditions of thisFranchise, then all reasonable travel and related costs incurred inmaking such examination shall be paid by Franchisee.
Section 25. Assignment or Transfer. Franchisee's rights, privileges, and authority under this Franchise, and ownership or working control of facilities constructed or installed pursuant to this Franchise, may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, except as provided herein, or without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. Any transfer, assignment or disposal of Franchisee's rights, privileges, and authority under this Franchise, or ownership or working control of facilities constructed or installed pursuant to this Franchise, may be subject to reasonable conditions as may be prescribed by the City.
A.No rights, privileges, or authority under this Franchise shall beassigned, transferred, or disposed of in any manner within twelve(12) months after the effective date of this Franchise.
B.Absent extraordinary and unforeseeable circumstances, no facilityshall be assigned, transferred, or disposed of before construction ofthe facility has been completed and restoration has been performed
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to the satisfaction of the City.
C.Franchisee and the proposed assignee or transferee shall provideand certify the following information to the City not less than onehundred and fifty (150) days prior to the proposed date ofassignment, transfer, or disposal:
(1)Complete information setting forth the nature, terms andconditions of the proposed assignment, transfer, or disposal;
(2)Any other information reasonably required by the City; and
(3)A transfer application fee in an amount to be determined bythe City to recover actual administrative costs directlyrelated to receiving and approving the proposed assignment,transfer, or disposal.
D.No assignment, transfer, or disposal may be made or shall beapproved unless the assignee or transferee has the legal, technical,financial, and other requisite qualifications to operate, maintain,repair, and remove facilities constructed or installed pursuant tothis Franchise and to comply with the terms and conditions of thisFranchise.
E.Any transfer, assignment, or disposal of rights, privileges, andauthority under this Franchise or ownership or working control offacilities constructed or installed pursuant to this Franchise,without prior written approval of the City pursuant to this section,shall be void and is cause for termination of this Franchise.
E.Any transactions which singularly or collectively result in achange of fifty percent (50%) or more of the ownership or workingcontrol (regardless of the percentage) of the Franchisee oraffiliated entities having fifty percent (50%) or more of theownership or actual working control (regardless of the percentage)of Franchisee, or of control of the telecommunications capacity orbandwidth of Franchisee, shall be considered an assignment ortransfer requiring City approval. Transactions between affiliatedentities are exempt from City approval; provided that, Franchiseeshall promptly notify the City prior to any proposed change in, ortransfer of, or acquisition by any other party of control ofFranchisee. Except for affiliate transactions, every change,transfer, or acquisition of control of Franchisee shall cause areview of the proposed transfer. City approval shall not berequired for mortgaging purposes or if said transfer is fromFranchisee to another person controlled by Franchisee.
F.All terms and conditions of this Franchise shall be binding upon all
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permitted successors and assigns of Franchisee and all persons who obtain ownership or working control of any facility constructed or installed pursuant to this Franchise.
Section 26. Violations, Noncompliance, and Other Grounds for Termination or Cancellation.
A.This Franchise, and any right, privilege or authority of Franchiseeto enter, occupy or use public ways may be terminated or cancelledby the City for the following reasons:
(1)Violation of or noncompliance with any term or condition ofthis Franchise by Franchisee;
(2)Violation of or noncompliance with the material terms of anyuse and/or development authorization or required permit byFranchisee;
(3)Nonemergency construction, installation, operation,maintenance, or repair of facilities on, in, under, over, across,or within any public way without Franchisee first obtaininguse and/or development authorization and required permitsfrom the City and all other appropriate regulatoryauthorities;
(4)Unauthorized construction, installation, operation,maintenance, or repair of facilities on City property;
(5)Misrepresentation by or on behalf of Franchisee in anyapplication or written statement upon which the City reliesin making the decision to grant, review or amend any right,privilege or authority to Franchisee;
(6)Abandonment of facilities;
(7)Failure of Franchisee to pay undisputed taxes, fees, chargesor costs related to this Franchise when and as due; or
(8)Insolvency or bankruptcy of Franchisee.
B.If the City believes that grounds exist for termination orcancellation of this Franchise or any right, privilege or authority ofFranchisee to enter, occupy or use public ways, Franchisee shall begiven written notice and a reasonable period of time not exceeding30 days to furnish evidence:
(1)That corrective action has been, or is being actively andexpeditiously pursued, to remedy the violation,noncompliance, or other grounds for termination orcancellation;
(2)That rebuts the alleged violation, noncompliance, or othergrounds for termination or cancellation; or
(3)That it would be in the public interest to impose some
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penalty or sanction less than termination or cancellation.
C.In the event that Franchisee fails to provide evidence reasonablysatisfactory to the City as provided in subsection (B) of this section,the City shall refer the apparent violation, noncompliance, or othergrounds for termination or cancellation to the City Council. TheCity Council shall provide the Franchisee with notice and areasonable opportunity to be heard concerning the matter.
D.If the City Council determines that the violation, noncompliance,or other grounds above for termination or cancellation exist, then,Franchisee shall, at the election of the City Council, forfeit allrights, privileges and authority conferred under this Franchise orany use and/or development authorization or permit granted bythe City, and this Franchise and any such use and/or developmentauthorization or permit may be terminated or cancelled by theCity Council. The City Council may elect, in lieu of the foregoingand without any prejudice to any of its other legal rights andremedies, to pursue other remedies, including obtaining an ordercompelling Franchisee into compliance or to take corrective action,or to recover damages and costs incurred by the City by reason ofFranchisee's actions or omissions. The City Council shall utilizethe following factors in analyzing the nature, circumstances,extent, and gravity of the actions or omissions of Franchisee:
(1)Whether the misconduct was egregious;
(2)Whether substantial harm resulted;
(3)Whether the violation was intentional;
(4)Whether there is a history of prior violations of the same orother requirements;
(5)Whether there is a history of overall compliance; and
(6)Whether the violation was voluntarily disclosed, admitted orcured.
E.The City Council's choice of remedy shall not excuse Franchiseefrom compliance with any term or condition of this Franchise orthe material terms of any use and/or development authorization orrequired permit. Franchisee shall have a continuing duty toremedy any violation, noncompliance, or other grounds fortermination or cancellation. Further, nothing herein shall beconstrued as limiting any remedies that the City may have, at lawor in equity, for enforcement of this Franchise and any use and/ordevelopment authorization or permit granted to Franchisee.
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Section 27. Notices.
A.Any regular notice or information required or permitted to begiven to the parties under this Franchise may be sent to thefollowing addresses unless otherwise specified:
The City: City of East Wenatchee Attn: Mayor 271 9th St. N.E.
East Wenatchee, WA 98802
Franchisee: CenturyLink Communications, LLC
Core Network Right-of-Way
700 W Mineral Ave
Littleton, CO 80120
B.Franchisee shall additionally provide a phone number anddesignated responsible officials to respond to emergencies. Afterbeing notified of an emergency, Franchisee shall cooperate withthe City and make its best efforts to immediately respond tominimize damage, protect the welfare, health and safety of thepublic and repair facilities to restore them to proper workingorder. Annually, on request of the City, Franchisee will meet withCity emergency response personnel to coordinate emergencymanagement operations and, at least once a year, at the request ofthe City, actively participate in emergency preparations.
Section 28. Non-Waiver. The failure of a party to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by such party and shall not prevent such party from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies.
Section 29. Eminent Domain. This Franchise does not affect the right of eminent domain held by either party or the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding under eminent domain, the Franchise itself shall have no value.
Section 30. Limitation of Liability. Administration of this Franchise may not be construed to create the basis for any liability on the part of the City, its elected officials, officers, employees, agents, and representatives for any injury or damage; or by reason of any schedule
Ordinance No. 2017-02
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or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of this Franchise by the City; or for the accuracy of plans submitted to the City.
Section 31. Damage to Facilities. Unless directly and proximately caused by the negligence of the City, the City shall not be liable for any damage to or loss of any facilities as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on, in, under, over, across, or within a public way done by or on behalf of the City.
Section 32. Competitive Neutrality. In order to maintain a level playing field among all similarly situated franchisees of the City, upon the grant or renewal of another franchise in the Rights-of-Way where material terms or conditions of this Franchise conflict with a change in the Municipal Code, or the provisions of this Franchise provide a material ly competitive disadvantage over another similarly situated provider (such that it negatively impacts the City’s ability to effectively manage the Rights-of-Way), then the City may elect to renegotiate with the Franchisee in good faith to modify the terms and provisions of this Franchise to obtain material terms and conditions that, as a whole, are competitively neutral between franchisees.
Section 33. Governing Law and Venue. This Franchise and use of the applicable public ways will be governed by federal law, the laws of the State of Washington and local law. Franchisee agrees to be subject to the jurisdiction of the courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Chelan County, or in the case of a federal action, the United States District Court for the Eastern District of Washington, unless an administrative agency has primary jurisdiction.
Section 34. Severability. If any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court or agency of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise or its application to any other person or entity.
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Section 35. Miscellaneous.
A.Equal Employment and Nondiscrimination. Throughout the termof this Franchise, Franchisee will fully comply with all equalemployment and nondiscrimination provisions and requirements offederal, state, and local laws, and in particular, FCC rules andregulations relating thereto.
B.Descriptive Headings. The headings and titles of the sections andsubsections of this Franchise are for reference purposes only anddo not affect the meaning or interpretation of the text herein.
C.Force Majeure. Franchisee shall not be required to perform anycovenant or obligation in this Franchise, or be liable in damages tothe City, so long as the performance or nonperformance of thecovenant or obligation is delayed, caused or prevented by an act ofGod or force majeure. An “act of God” or “force majeure” is definedfor purposes of this Franchise as strikes, lockouts, sit-downs,material or labor shortages, restrictions by any governmentalauthority, unusual transportation delays, riots, floods, washouts,explosions, earthquakes, fire, storms, weather (including inclementweather which prevents construction), acts of the public enemy,wars, terrorism, insurrections, and/or any other cause notreasonably within the control of Franchisee.
D.Costs and Attorneys' Fees. If any action or suit arises in connectionwith this Franchise, the substantially prevailing party will beentitled to recover all of its costs and attorneys' fees, as well ascosts and attorneys’ fees on appeal, in addition to such other reliefas the court may deem proper.
E.No Joint Venture. Nothing herein will be deemed to create a jointventure or principal-agent relationship between the parties, andneither party is authorized to, nor shall either party act towardthird persons or the public in any manner that would indicate anysuch relationship with the other.
F.Actions of the City or Franchisee. In performing their respectiveobligations under this Franchise, the City and Franchisee will actin a reasonable, expeditious, and timely manner. Whenever thisFranchise sets forth a time for any act to be performed byFranchisee, such time shall be deemed to be of the essence, andany failure of Franchisee to perform within the allotted time maybe considered a material breach of this Franchise, and sufficientgrounds for the City to invoke any relevant remedy.
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G.Counterparts. This Franchise may be executed in one or morecounterparts, and each originally executed duplicate counterpart ofthis Franchise shall be deemed to possess the full force and effectof the original.
H.Entire Agreement. This Franchise represents the entireunderstanding and agreement between the parties with respect tothe subject matter and supersedes all prior oral and writtennegotiations between the parties.
I.Modification. The parties may alter, amend or modify the termsand conditions of this Franchise only upon written agreement ofboth parties to such alteration, amendment or modification.
J.Non-exclusivity. This Franchise does not confer any exclusiveright, privilege, or authority to enter, occupy or use public ways fordelivery of telecommunications services or any other purposes.This Franchise is granted upon the express condition that it willnot in any manner prevent the City from granting other or furtherfranchises in, on, across, over, along, under or through any publicway.
L.Rights Granted. This Franchise does not convey any right, title orinterest in public ways, but shall be deemed only as authorizationto enter, occupy, or use public ways for the limited purposes andterms stated in this Franchise. Further, this Franchise shall notbe construed as any warranty of title.
M.Contractors and Subcontractors. Franchisee's contractors andsubcontractors must be licensed and bonded in accordance withthe City's ordinances, rules, and regulations. Work by contractorsand subcontractors is subject to the same restrictions, limitationsand conditions as if the work were performed by Franchisee.
Section 35. Publication. The City Clerk is authorized and directed to publish a summary hereof.
Section 36. Effective Date. This ordinance shall be in full force and effect five days from and after its passage, approval and publication as required by law, but if, and only if, the Franchisee has endorsed this ordinance and accepted its terms and conditions within 30 days of its passage.
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Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this __________ day of ______________________________, 2016.
The City of East Wenatchee,
Washington
By _________________________________
Steven C. Lacy, Mayor
Authenticated:
_____________________________________ Marcia Martz, Acting City Clerk
Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
__________
__________
__________
Filed with the Acting City Clerk:
Passed by the City Council:
Published:
Effective Date: __________
Ordinance No. 2017-02
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Acceptance:
CenturyLink Communications, LLC
By:_______________________________
Printed Name: ____________________
Title: ____________________________
Ordinance No. 2017-02
Page 37 of 37
Summary of
City of East Wenatchee, Washington
Ordinance No. 2017-02
On the _____ day of _______________________________, 2017, the City
Council of the City of East Wenatchee, Washington approved Ordinance
No. 2017-02, the main point of which may be summarized by its title as
follows:
AN ORDINANCE OF THE CITY OF EAST WENATCHEE granting a non-exclusive Franchise to CenturyLink Communications, LLC to construct, install, operate, maintain, repair, or remove fiber optic cables within the public ways of the City of East Wenatchee.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this ______ day of ___________________________, 2017.
____________________________, Marcia Martz, Acting City Clerk
Page 1 of 2
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 17-24-05
PRESENTER: Devin Poulson
POSITION: City Attorney
AGENDA ITEM # 5
AGENDA DATE: 1/24/2017
DEPARTMENT: Legal
Title: Ordinance No. 2017-04. An Ordinance of the City of East Wenatchee establishing the penalties for violating the City’s snow removal regulations by amending Section 12.08.040 of the East Wenatchee Municipal Code.
History: The City’s current ordinance makes it a misdemeanor to shovel snow from a sidewalk or driveway into a street.
Shoveling snow into a street is a minor offense that should more appropriately be punished by imposing a civil fine. Decriminalizing this offense will allow the Municipal Court to decrease its costs and workload in handling these type of offenses. Currently, if someone wanted to challenge the citation, the City would have to provide a jury trial and, possibly, a public defender.
Thus, the proposed amendment changes the penalty from a crime to a $50 civil fine.
Exhibits: None.
Recommended Action: Elevate to second reading and adopt the ordinance.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 0
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Barnhart Councilmember McCourt
Councilmember Crawford Councilmember Raab
Page 2 of 2
Councilmember Detering Councilmember Sterk
Councilmember Johnson
Passed: Failed: Mayor Lacy (in case of tie)
City of East Wenatchee
Ordinance 2017-04
Page 1 of 4
City of East Wenatchee, Washington
Ordinance No. 2017-04
An Ordinance of the City of East Wenatchee establishing the penalties
for violating the City’s snow removal regulations by amending Section
12.08.040 of the East Wenatchee Municipal Code.
Una ordenanza de la ciudad de Wenatchee del este que establece las
penas para violar regulaciones de la ciudad del retiro de la nieve por la
enmienda de la sección 12.08.040 del código municipal del este de
Wenatchee.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to adopt ordinances of all kinds to regulate its municipal
affairs and appropriate to the good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
ORDAIN AS FOLLOWS:
3.Purpose. The purpose of this ordinance is to update the City Clerk
powers, duties, and responsibilities.
4.Amendment. The City Council amends Ordinance 08-11 and Section
12.08.040 of the East Wenatchee Municipal Code to read:
12.08.040 Violation – Penalty
Any owner, lessee, occupant, employee, agent, contractor or contractor’s
employee who shall resist or obstruct the city in the removal of snow
and ice, or who violates any of the provisions of this chapter, shall be
guilty of a misdemeanor. The penalty for this misdemeanor shall be a
fine of not more than $250.00. Each day during which a violation of this
chapter continues shall constitute a separate offense and shall be a
separate misdemeanor.
A violation of this chapter is a class 3 civil infraction and will be
enforced as set forth in Chapter 7.80 RCW (as enacted or as amended).
Each day a violation continues is a separate offense.
5.Severability. If a court of competent jurisdiction declares any provision
in this Ordinance to be contrary to law, such declaration shall not affect
the validity of the other provisions of this Ordinance.
6.Publication. The City Council directs the City Clerk to publish a
summary of this Ordinance. The summary shall consist of the title of
this Ordinance. The City Council directs the City Clerk to publish a
copy of this Ordinance on the City’s website.
7.Effective Date. This Ordinance becomes effective five days after the
date its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this __________ day of ______________________________, 2017.
The City of East Wenatchee,
Washington
By _________________________________
Steven C. Lacy, Mayor
City of East Wenatchee
Ordinance 2017-04
Page 2 of 4
City of East Wenatchee
Ordinance 2017-04
Page 3 of 4
Authenticated:
____________________________________ Marcia Martz, Acting City Clerk
Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Published: __________
Effective Date: __________
Summary of
City of East Wenatchee, Washington
Ordinance No. 2017-04
On the _____ day of _______________________________, 2017, the City
Council of the City of East Wenatchee, Washington approved Ordinance
No. 2017-04, the main point of which may be summarized by its title as
follows:
An Ordinance of the City of East Wenatchee establishing the penalties
for violating the City’s snow removal regulations by amending Section
12.08.040 of the East Wenatchee Municipal Code.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this ______ day of ___________________________, 2017.
_____________________________ Marcia Martz, Acting City Clerk
City of East Wenatchee
Ordinance 2017-04
Page 4 of 4