HomeMy WebLinkAbout12-14-20 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jesica Stickles
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Interlocal Agreement and Memorandum of Understanding with ATTACHMENT A
Arlington School District for School Resource Officer
Staff Presentation: Jonathan Ventura
Council Liaison: Marilyn Oertle
2.Professional Services Agreement with Bridge Coordination Services, LLC,ATTACHMENT B
for Domestic Violence Coordinator Services
Staff Presentation: Jonathan Ventura
Council Liaison: Marilyn Oertle
3. Interlocal Agreement with Arizona Cooperative Purchasing ATTACHMENT C
Staff Presentation: Debbie Strotz
Council Liaison: Mayor Pro Tem Jesica Stickles
4. Franchise renewal with Comcast ATTACHMENT D
Staff Presentation: Bryan Terry
Council Liaison: Mayor Pro Tem Jesica Stickles
Arlington City Council Workshop
Monday, December 14, 2020 at 7:00 pm
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
5. Resolution Declaring Property as Surplus ATTACHMENT E
Staff Presentation: Debbie Strotz
Council Liaison: Marilyn Oertle
6. Station 48 Change Order #1 ATTACHMENT F
Staff Presentation: Paul Ellis
Council Liaison: Marilyn Oertle
7. Airport Commission Appointment ATTACHMENT G
Staff Presentation: Dave Ryan
Council Liaison: Michele Blythe
8. Citizen Salary Commission Appointments ATTACHMENT H
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
9. LEOFF 1 Disability Board Appointments ATTACHMENT I
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
Discussion of pending or potential litigation [RCW 42.30.110(1)(i)]
City Attorney Steve Peiffle
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
provided through the assignment of a School Resource Officer (SRO). ASD will pay 100% of the SRO’s pay and benefits on a pro-rated basis for those days the officer is actually at the school or on school
DocuSign Envelope ID: 86B26655-209B-49CB-8370-A6BDDE10109O
IN WITNESS WHEREOF, the parties have caused the execution of this agreement on the day,
month, and year above first written.
SCHOOL DISTRICT
DoouSlgntd by: �sSwu..filA1 By: -"!!!C��tt,llffl�--:----::::------:-----:-----y s Sweeting, Superintendent
Arlington School District No. 16
CITY OF ARLINGTON
By:-------------------Barbara Tolbert, Mayor
By:------------------Jonathan Ventura, Chief of Police
Inter-Local Agreement -School Resource Officer
Arlington School District No. 16/City of Arlington Police Department
Page 8 of8
Date: 10/26/20
Date: ---------
Date: ---------
October 2020
ws City of Arlington Council Agenda Bill Item: WS #2 Attachment B
Violence Coordinator to the Arlington Police Department on a part-time basis (Not to exceed 20 hours per week. The Domestic Violence Coordinator is responsible for the coordination of violence related
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Personal SA (Rev 2020.06.25)
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this ____ day of
______________________, 2020, by and between the CITY OF ARLINGTON, a Washington
municipal corporation, hereinafter referred to as the "CITY" and BRIDGE COORDINATION
SERVICES LLC, hereinafter referred to as the "PERSONAL SERVICE PROVIDER".
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. SCOPE OF SERVICES
The SERVICE PROVIDER shall perform such services and accomplish such tasks,
including the furnishing of all materials and equipment necessary for full performance thereof, as
are identified and designated as PERSONAL SERVICE PROVIDER responsibilities throughout
this Agreement and as detailed in Exhibit "A" attached hereto and incorporated herein (the
"Project").
2. TERM
The Project shall begin on January 1, 2021, and shall be completed no later than
December 31, 2022 unless sooner terminated according to the provisions herein. Hours of
services shall be flexed to meet the needs of the project, not to exceed 1,040 hours annually or
2,080 hours over the term of the contract.
3. CONTACT WITH CITY EMPLOYEES
During the term of this Agreement, the PERSONAL SERVICE PROVIDER shall
interact only with the following authorized CITY employees or agents, and with no other CITY
employees absent written authorization to do so:
ARLINGTON POLICE DEPARTMENT STAFF .
4. COMPENSATION AND METHOD OF PAYMENT
4.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved in
writing by the CITY.
4.2 No payment shall be made for any service rendered by the PERSONAL
SERVICE PROVIDER except for services identified and set forth in this
Agreement.
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4.3 The CITY shall pay the PERSONAL SERVICE PROVIDER for work performed
under this Agreement as follows:
4.3.1 PERSONAL SERVICE PROVIDER shall submit monthly invoices
detailing work performed and expenses for which reimbursement is
sought.
4.3.2 CITY shall approve all invoices before payment is issued. Payment shall
occur within thirty (30) days of receipt and approval of an invoice.
4.4 CITY shall pay PERSONAL SERVICE PROVIDER for such services: (check
one)
Hourly: $48.08 per hour, plus actual expenses, but not to exceed a total of
$50,000 in 2021 and $60,000 in 2022 without an amendment to the contract.
4.5 CITY reserves the right to withhold payment under this Agreement which is
determined, in the reasonable judgment of the City Administrator or his/her
designee to be noncompliant with this Agreement, the Scope of Services attached
hereto, City standards, or city, state or federal law.
5. REPRESENTATIONS
CITY has relied upon the qualifications of PERSONAL SERVICE PROVIDER in
entering into this Agreement. By execution of this Agreement, PERSONAL SERVICE
PROVIDER represents it possesses the ability, skill, and resources necessary to perform the
work and is familiar with all applicable current laws, rules and regulations which reasonably
relate to this Agreement.
6. STANDARD OF CARE
PERSONAL SERVICE PROVIDER shall exercise the degree of skill and diligence
normally employed by personal service providers engaged in the same profession and
performing the same or similar services at the time such services are performed. PERSONAL
SERVICE PROVIDER will be responsible for the technical accuracy of its services and
documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies
therein. PERSONAL SERVICE PROVIDER agrees to correct any deficiencies discovered
without additional compensation, except to the extent such deficiencies are directly attributable
to deficiencies or omissions in City-furnished information.
7. REPORTS AND INSPECTIONS
7.1 The PERSONAL SERVICE PROVIDER at such times and in such forms as the
CITY may require, shall furnish to the CITY such statements, records, reports,
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data, and information as the CITY may request pertaining to matters covered by
this Agreement.
7.2 The PERSONAL SERVICE PROVIDER shall at any time during normal
business hours and as often as the CITY or State Auditor may deem necessary,
make available for examination all of its records and data with respect to all
matters covered, directly or indirectly, by this Agreement and shall permit the
CITY or its designated authorized representative to audit and inspect other data
relating to all matters covered by this Agreement. The CITY shall receive a copy
of all audit reports made by the agency or firm as to the PERSONAL SERVICE
PROVIDER's activities. The CITY may, at its discretion, conduct an audit at its
expense, using its own or outside auditors, of the PERSONAL SERVICE
PROVIDER's activities which relate, directly or indirectly, to this Agreement.
8. INDEPENDENT CONTRACTOR RELATIONSHIP
The parties intend that an independent contractor relationship will be created by this
Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs
herein, the implementation of services will lie solely with the discretion of the PERSONAL
SERVICE PROVIDER. PERSONAL SERVICE PROVIDER shall not be deemed to be an
employee, agent, servant or representative of the CITY for any purpose, and the PERSONAL
SERVICE PROVIDER is not entitled to any of the benefits the CITY provides for its employees.
The PERSONAL SERVICE PROVIDER will be solely and entirely responsible for his/her acts
during the performance of this Agreement.
9. HOLD HARMLESS/INDEMNIFICATION
9.1 PERSONAL SERVICE PROVIDER shall, at its sole expense, defend, indemnify
and hold the CITY, its officers, officials, employees and volunteers harmless from
any and all claims, actions, suits, liability, loss, or costs including attorney fees,
caused by the wrongful or negligent acts, errors or omissions of the PERSONAL
SERVICE PROVIDER or the PERSONAL SERVICE PROVIDER’s agents,
employees or subcontractors in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the CITY or the CITY’s
agents or employees.
9.2 PERSONAL SERVICE PROVIDER’s duty to indemnify and hold the CITY
harmless against liability for damages arising out of or caused by the concurrent
negligence of CITY or CITY’s employees or agents and PERSONAL SERVICE
PROVIDER or PERSONAL SERVICE PROVIDER’s employees or agents shall
apply only to the extent of the negligence or wrongdoing of PERSONAL
SERVICE PROVIDER and PERSONAL SERVICE PROVIDER’s employees or
agents.
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9.3 Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the PERSONAL SERVICE PROVIDER and the CITY,
its officers, officials, employees, and volunteers, the PERSONAL SERVICE
PROVIDER's liability, including the duty and cost to defend, hereunder shall be
only to the extent of the PERSONAL SERVICE PROVIDER’s negligence. It is
further specifically and expressly understood that the indemnification provided
herein constitutes the PERSONAL SERVICE PROVIDER’s waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. PERSONAL SERVICE PROVIDER certifies, by signing this
Agreement, that this indemnification provision was mutually negotiated. The
provisions of this section shall survive the expiration or termination of this
Agreement.
9.4 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
10. INSURANCE
The PERSONAL SERVICE PROVIDER shall procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the PERSONAL
SERVICE PROVIDER, its agents, representatives, or employees.
10.1 Insurance Term. The PERSONAL SERVICE PROVIDER shall procure and
maintain insurance, as required in this Section, without interruption from
commencement of the PERSONAL SERVICE PROVIDER’s work through the
term of this Agreement and for thirty (30) days after the completion date, unless
otherwise indicated herein.
10.2 No Limitation. The PERSONAL SERVICE PROVIDER’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability
of the PERSONAL SERVICE PROVIDER to the coverage provided by such
insurance, or otherwise limit the CITY’s recourse to any remedy available at law
or in equity.
10.3 Minimum Scope of Insurance. PERSONAL SERVICE PROVIDER shall obtain
insurance of the types described below:
10.3.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
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Personal SA (Rev 2020.06.25)
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
10.3.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the PERSONAL
SERVICE PROVIDER's Commercial General Liability insurance policy
with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO CG 20 26.
10.3.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
10.4 Minimum Amounts of Insurance. PERSONAL SERVICE PROVIDER shall
maintain the following insurance limits:
10.4.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
10.4.2 Commercial General Liability insurance shall be written with limits no
less than $2,000,000 each occurrence, $2,000,000 general aggregate and
$2,000,000 products-completed operations aggregate limit.
10.5 Other Insurance Provisions. The PERSONAL SERVICE PROVIDER’s
Automobile Liability and Commercial General Liability insurance policies are to
contain, or be endorsed to contain that they shall be primary insurance as respect
the CITY. Any Insurance, self-insurance, or self-insured pool coverage
maintained by the CITY shall be excess of the PERSONAL SERVICE
PROVIDER’s insurance and shall not contribute with it.
10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
10.7 Verification of Coverage. PERSONAL SERVICE PROVIDER shall furnish the
City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the PERSONAL SERVICE
PROVIDER before commencement of the work.
10.8 Subcontractors’ Insurance. The PERSONAL SERVICE PROVIDER shall cause
each and every subcontractor to provide insurance coverage that complies with all
applicable requirements of the PERSONAL SERVICE PROVIDER-provided
insurance as set forth herein, except the PERSONAL SERVICE PROVIDER
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shall have sole responsibility for determining the limits of coverage required to be
obtained by subcontractors. The PERSONAL SERVICE PROVIDER shall
ensure that the CITY is an additional insured on each and every subcontractor’s
Commercial General liability insurance policy using an endorsement as least as
broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for
completed operations.
10.9 Notice of Cancellation. PERSONAL SERVICE PROVIDER shall provide the
CITY with written notice of any policy cancellation within two business days of
their receipt of such notice.
10.10 Failure to Maintain Insurance. Failure on the part of the PERSONAL SERVICE
PROVIDER to maintain the insurance as required shall constitute a material
breach of contract, upon which the CITY may, after giving five business days’
notice to the PERSONAL SERVICE PROVIDER to correct the breach,
immediately terminate this Agreement or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums
so expended to be repaid to the CITY on demand, or at the sole discretion of the
CITY, offset against funds due the PERSONAL SERVICE PROVIDER from the
CITY.
10.11 City Full Availability of Professional Limits. If the PERSONAL SERVICE
PROVIDER maintains higher insurance limits than the minimums shown above,
the CITY shall be insured for the full available limits of Commercial General and
Excess or Umbrella liability maintained by the PERSONAL SERVICE
PROVIDER, irrespective of whether such limits maintained by the PERSONAL
SERVICE PROVIDER are greater than those required by this Agreement or
whether any certificate of insurance furnished to the CITY evidences limits of
liability lower than those maintained by the PERSONAL SERVICE PROVIDER.
11. OWNERSHIP OF ASSETS
Title to all property furnished by the CITY shall remain in the name of the CITY and the
CITY shall become the owner of the work product and other documents, if any, prepared by the
PERSONAL SERVICE PROVIDER pursuant to this Agreement.
12. COMPLIANCE WITH LAWS
12.1 The PERSONAL SERVICE PROVIDER, in the performance of this Agreement,
shall comply with all applicable federal, state or local laws and ordinances,
including regulations for licensing, certification and operation of facilities,
programs and accreditation, and licensing of individuals, and any other standards
or criteria as described in this Agreement to assure quality of services.
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12.2 The PERSONAL SERVICE PROVIDER specifically agrees to pay any
applicable business and occupation (B & O) taxes which may be due on account
of this Agreement.
12.3 The PERSONAL SERVICE PROVIDER shall, prior to performing services under
this agreement, obtain a city business license as required by AMC 5.28.050.
13. NONDISCRIMINATION
13.1 The CITY is an equal opportunity employer.
13.2 Nondiscrimination in Employment. In the performance of this Agreement, the
PERSONAL SERVICE PROVIDER will not discriminate against any employee
or applicant for employment on the grounds of race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical
handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The PERSONAL SERVICE
PROVIDER shall ensure that applicants are employed, and that employees are
treated during employment without discrimination because of their race, creed,
color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap. Such action shall include, but not be limited to:
employment, upgrading, demotion or transfers, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation,
and programs for training including apprenticeships. The PERSONAL SERVICE
PROVIDER shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, state and federal laws prohibiting
discrimination in employment.
13.3 Nondiscrimination in Services. The PERSONAL SERVICE PROVIDER will not
discriminate against any recipient of any services or benefits provided for in this
Agreement on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap.
13.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The PERSONAL SERVICE PROVIDER shall take such action as
may be required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
14. ASSIGNMENT/SUBCONTRACTING
14.1 The PERSONAL SERVICE PROVIDER shall not assign its performance under
this Agreement or any portion of this Agreement without the written consent of
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the CITY, and it is further agreed that said consent must be sought in writing by
the PERSONAL SERVICE PROVIDER not less than thirty (30) days prior to the
date of any proposed assignment. The CITY reserves the right to reject without
cause any such assignment.
14.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
14.3 Any technical/PERSONAL SERVICE PROVIDER service subcontract not listed
in this Agreement, must have express advance approval by the CITY.
15. CHANGES OR AMENDMENTS
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
16. OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS
16.1 All drawings, plans, specifications, and other related documents prepared by
PERSONAL SERVICE PROVIDER under this Agreement are and shall be the
property of CITY and may be subject to disclosure pursuant to RCW Chapter
42.56 or other applicable public records laws. The written, graphic, mapped,
photographic, or visual documents prepared by PERSONAL SERVICE
PROVIDER under this Agreement shall, unless otherwise provided, be deemed
the property of the CITY. CITY shall be permitted to retain these documents,
including reproducible camera-ready originals of reports, reproduction quality
mylars of maps, and copies in the form of computer files, for the CITY’s use.
CITY shall have unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or part, and reports, data, drawings, images or other
material prepared under this Agreement, provided that PERSONAL SERVICE
PROVIDER shall have no liability for the use of PERSONAL SERVICE
PROVIDER’s work product outside of the scope of its intended purpose, and the
CITY agrees to indemnify and hold the PERSONAL SERVICE PROVIDER
harmless from such use.
16.2 The PERSONAL SERVICE PROVIDER shall maintain books, records and
documents, which sufficiently and properly reflect all direct and indirect costs
related to the performance of this Agreement and shall maintain such accounting
procedures and practices as may be necessary to assure proper accounting of all
funds paid pursuant to this Agreement. These records shall be subject at all
reasonable times to inspection, review, or audit, by the CITY, its authorized
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representative, the State Auditor, or other governmental officials authorized by
law to monitor this Agreement.
16.3 The PERSONAL SERVICE PROVIDER shall retain all books, records,
documents and other material relevant to this Agreement, for six (6) years after its
expiration. The PERSONAL SERVICE PROVIDER agrees that the CITY or its
designee shall have full access and right to examine any of said materials at all
reasonable times during said period. PERSONAL SERVICE PROVIDER agrees
to cooperate with the CITY to produce in a timely manner any records in the
possession of PERSONAL SERVICE PROVIDER relating to the performance of
this Agreement which are or may be the subject of a valid request under the
Public Records Act, RCW Chapter 42.56.
17. OTHER PROVISIONS
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If, after thirty (30) days of negotiation, an agreement
cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days
thereafter.
18. TERMINATION
18.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least five (5) days written notice to the PERSONAL
SERVICE PROVIDER.
18.2 Termination for Cause. If the PERSONAL SERVICE PROVIDER fails to
perform in the manner called for in this Agreement, or if the PERSONAL
SERVICE PROVIDER fails to comply with any other provisions of the
Agreement and fails to correct such noncompliance within five (5) days written
notice thereof, the CITY may terminate this Agreement for cause. Termination
shall be effected by serving a notice of termination on the PERSONAL SERVICE
PROVIDER setting forth the manner in which the PERSONAL SERVICE
PROVIDER is in default. The PERSONAL SERVICE PROVIDER will only be
paid for services performed in accordance with the manner of performance set
forth in this Agreement.
19. NOTICE
Notices, other than applications for payment, shall be given in writing to the persons
named below:
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City Clerk
238 N. Olympic Ave.
Arlington, WA 98223
ATTN: Tiffany Krusey Kelley
P.O. Box 2632
Stanwood, WA 98292
20. ATTORNEYS FEES AND COSTS
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
21. WAIVER
No officer, employee, agent or other individual acting on behalf of either party has the
power, right or authority to waive any of the conditions or provisions of this Agreement. No
waiver in one instance shall be held to be a waiver of any other subsequent breach or
nonperformance. Failure of either party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other party of any provision hereof shall
in no way be construed to be a waiver of such provisions nor shall it affect the validity of this
Agreement or any part thereof.
22. JURISDICTION AND VENUE
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by each party hereto that this Agreement shall be
governed by laws of the State of Washington, both as to interpretation and performance.
Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts
of competent jurisdiction in Snohomish County, Washington.
23. SEVERABILITY
23.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
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23.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
24. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination. Both parties recognize time is of the essence in the performance of the provisions
of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of
any provision of this Agreement does not constitute a waiver of the provisions of this
Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed the day and year first hereinabove written.
___________________________
Barbara Tolbert, Mayor
Attest: _______________________
Wendy Van Der Meersche
City Clerk
LLC
____________________________
Tiffany Krusey Kelly
City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: December 14, 2020 SUBJECT: Interlocal Agreement with Arizona Cooperative Purchasing Program ATTACHMENTS: Interlocal Agreement DEPARTMENT OF ORIGIN Finance; Debbie Strotz, Procurement/Contracts Analyst 360-403-3429 EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: Police and Central Purchasing are requesting approval of an Interlocal Agreement with Arizona Cooperative Purchasing Program, allowing the City of Arlington to utilize their state contracts. Compliance with Washington State bid laws has been confirmed. HISTORY: The Police Department would like to utilize Arizona Cooperative Purchasing Program to procure three new vehicles, as budgeted, based on the Equipment Replacement Schedule. The vendor the City has used to equip and build police vehicles in the past have an agreement with a dealer that is a member of Arizona Cooperative Purchasing Program. Membership would allow the purchase of three vehicles currently in stock and available – and at a contracted discount price.
City of Arlington Council Agenda Bill Item: WS #4 Attachment DCOUNCIL MEETING DATE: December 14, 2020 SUBJECT: Franchise Renewal with Comcast Cable Communications Management, LLC ATTACHMENTS: Cable Franchise Agreement DEPARTMENT OF ORIGIN IT; Bryan Terry, Director 360-403-4610 EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Council is asked to consider the renewal of the Cable Franchise Agreement with Comcast Cable Communications Management LLC HISTORY: Comcast provides cable TV service for the residents of the City of Arlington. Under federal law, cable companies are required to have a franchise with the local franchising authority that it provides service. This is a ten-year franchise with an option for a five-year extension. ALTERNATIVES: Take no action. RECOMMENDED MOTION: Workshop; discussion only. At the January 4, 2021 Council meeting, the recommended motion will be, “I move to approve the franchise renewal with Comcast Cable Communications Management, LLC, and authorize the Mayor to sign the agreement.”
City of Arlington – Comcast
2021 Cable Franchise Agreement
CABLE FRANCHISE AGREEMENT
Between
CITY OF ARLINGTON, WASHINGTON
And
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
City of Arlington – Comcast
2021 Cable Franchise Agreement
Table of Contents
Table of Contents
SECTION 1. - DEFINITIONS ....................................................................................................... 1
SECTION 2. - GRANT OF FRANCHISE ...................................................................................... 5
2.1 Grant............................................................................................................................................... 5
2.2 Use of Rights-of-Way ..................................................................................................................... 6
2.3 Effective Date and Term of Franchise ............................................................................................ 6
2.4 Grant of Other Franchises .............................................................................................................. 7
2.5 Police Powers ................................................................................................................................. 8
2.6 Compliance with Laws.................................................................................................................... 8
SECTION 3. - FEE PAYMENT AND FINANCIAL CONTROLS ................................................... 9
3.1 Franchise Fee ................................................................................................................................ 9
3.2 Payments ....................................................................................................................................... 9
3.3 Acceptance of Payment and Re-computation ................................................................................ 9
3.4 Quarterly Franchise Fee Reports ................................................................................................... 9
3.5 Audits ............................................................................................................................................. 9
3.6 Late Payments ............................................................................................................................. 10
3.7 Tax Liability .................................................................................................................................. 10
3.8 Payment on Termination .............................................................................................................. 10
SECTION 4. - ADMINISTRATION AND REGULATION ............................................................ 10
4.1 Authority ....................................................................................................................................... 10
4.2 Time Limits Strictly Construed ..................................................................................................... 10
SECTION 5. - FINANCIAL AND INSURANCE REQUIREMENTS ............................................. 10
5.1 Indemnification ............................................................................................................................. 10
5.2 Insurance ...................................................................................................................................... 11
5.3 Deductibles/Certificate of Insurance ............................................................................................ 12
5.4 Security ........................................................................................................................................ 13
SECTION 6. - PRIVACY AND DISCRIMINATION ..................................................................... 13
6.1 Subscriber Privacy ....................................................................................................................... 13
6.2 Discrimination Prohibited ............................................................................................................. 13
SECTION 7. - REPORTS AND RECORDS ............................................................................... 14
7.1 Open Records .............................................................................................................................. 14
7.2 Confidentiality ............................................................................................................................... 14
7.3 Copies of Federal and State Documents ..................................................................................... 14
7.4 Inspection of Facilities .................................................................................................................. 14
7.5 Periodic meeting Throughout the term of the Franchise .............................................................. 15
7.6 False Statements ......................................................................................................................... 15
SECTION 8. - DESIGN, SERVICES AND CAPABILITIES ........................................................ 15
8.1 Cable System Design ................................................................................................................... 15
8.2 Service Availability ....................................................................................................................... 15
8.3 Technical Standards..................................................................................................................... 16
8.4 Emergency Permitting .................................................................................................................. 16
SECTION 9. - GOVERNMENTAL ACCESS, LEASED ACCESS .............................................. 16
9.1 Access Channels .......................................................................................................................... 16
City of Arlington – Comcast
2021 Cable Franchise Agreement
Table of Contents
9.2 Simulcast High Definition (HD) Access Channel ......................................................................... 17
9.3 Management and Control of Access Channels ............................................................................ 17
9.4 Location and Quality of Access Channels ................................................................................... 18
9.5 Access Channel Identification/Location/Relocation/Bill Insertions ............................................... 18
9.6 Support for Access Capital Costs ................................................................................................ 19
9.7 Technical Quality .......................................................................................................................... 20
9.8 Return Connectivity ...................................................................................................................... 20
9.9 Guide Selection ............................................................................................................................ 20
SECTION 10. - CUSTOMER SERVICE ..................................................................................... 21
10.1 Customer Service Standards ....................................................................................................... 21
10.2 Subscriber Privacy ....................................................................................................................... 21
10.3 Emergency Alert Capability .......................................................................................................... 21
SECTION 11. - FRANCHISE VIOLATIONS ............................................................................... 21
11.1 Procedure for Remedying Franchise Violations ........................................................................... 21
11.2 Revocation ................................................................................................................................... 22
11.3 Procedures in the Event of Termination or Revocation ............................................................... 23
11.4 Alternative Remedies ................................................................................................................... 24
SECTION 12. - FRANCHISE TRANSFER ................................................................................. 24
SECTION 13. - FORECLOSURE, RECEIVERSHIP, AND ABANDONMENT ............................ 25
13.1 Foreclosure .................................................................................................................................. 25
13.2 Receivership ................................................................................................................................. 25
13.3 Abandonment ............................................................................................................................... 25
SECTION 14. - MISCELLANEOUS PROVISIONS .................................................................... 26
14.1 Severability .................................................................................................................................. 26
14.2 Notices ......................................................................................................................................... 26
14.3 Descriptive Headings ................................................................................................................... 26
14.4 Costs and Expenses to be Borne by Grantee .............................................................................. 26
14.5 Binding Effect ............................................................................................................................... 26
14.6 Entire Agreement ......................................................................................................................... 26
14.7 Modification .................................................................................................................................. 26
14.8 No Joint Venture ........................................................................................................................... 27
14.9 Waiver .......................................................................................................................................... 27
14.10 Venue ........................................................................................................................................... 27
SECTION 15. - EFFECTIVE DATE, PUBLICATION AND TIME OF ACCEPTANCE ................ 27
15.1 Publication; Effective Date ........................................................................................................... 27
15.2 Time of Acceptance; Written Acceptance, Resolution ................................................................. 27
City of Arlington – Comcast
2020 Franchise Agreement
CABLE SERVICE FRANCHISE
This Cable System Franchise ("Franchise") is entered into this _____ day of _______ 2021,
by and between ARLINGTON, WASHINGTON ("City"), and COMCAST CABLE
COMMUNICATIONS MANAGEMENT, LLC. ("Grantee").
WHEREAS, the City is authorized, pursuant to applicable law, to grant one or more non-
exclusive Franchises to construct, operate and maintain a Cable System within the municipal
boundaries of the City; and
WHEREAS, Grantee has requested renewal of its existing Cable Service Franchise to
construct, operate and maintain a Cable System as authorized under applicable law, a s a
Cable System, as defined herein, and has requested a Franchise renewal from the City; and
WHEREAS, the City has considered the past performance, future needs, and financial,
technical ability and legal qualifications of Grantee; and
WHEREAS, the City, after such consideration, analysis and deliberation as are
required by applicable law, has approved the Grantee request for renewal and found
sufficient the financial, technical and legal qualifications of Grantee to construct, operate and
maintain a Cable System to provide Cable System Services within the City; and
WHEREAS, the Grantee is willing to accept this Franchise subject to such terms and
conditions, and to abide by those terms and conditions; and
WHEREAS, the public has had adequate notice and opportunity to comment on
Grantee's renewal request to provide Cable Service within the City.
NOW, THEREFORE, in consideration of the mutual promises made herein, the
receipt and the adequacy of which is hereby acknowledged, the City and Grantee do hereby
agree as follows:
NOW, THEREFORE, THE CITY OF ARLINGTON DOES ORDAIN:
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2021 Cable Franchise Agreement
Page 1 of 28
SECTION 1. - DEFINITIONS
For the purposes of this Franchise, the following terms, phrases, words, and their derivations
shall have the meanings given herein when capitalized as in this definition section. 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 shall
be given their common and ordinary meaning. The word "shall" is always mandatory and not
merely directory.
1.1 "Access" or "Local Access"
means the availability for noncommercial use, by various agencies, institutions, and
organizations, including the City and its designees, of a particular channel on the Cable
System to distribute programming to subscribers, as permitted under applicable law
including:
1.1.1 "Governmental Access"
means Access where governmental institutions or their designees are the primary
users having editorial control over programming.
1.2 "Access Channel"
means any Channel, or portion thereof, designated for Access purposes or otherwise
made available to facilitate or transmit Access programming.
1.3 "Affiliate"
when used in connection with Grantee, means any Person who owns or controls, is owned
or controlled by, or is under common ownership or control with Grantee.
1.4 "Basic Service"
means any service Tier that includes the retransmission of local television Broadcast
Signals.
1.5 "Broadcast Signal"
means a television or radio signal transmitted over the air to a wide geographic audience,
and received by a Cable System by antenna, microwave, satellite dishes or any other
means.
1.6 "Cable Act"
means the Cable Communications Policy Act of 1984 as amended by the Cable Television
Consumer Protection and Competition Act of 1992 and the Telecommunications Act of
1996, as amended.
1.7 "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.
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2021 Cable Franchise Agreement
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1.8 "Cable System" or "System"
means a facility, consisting of a set of closed transmission paths and associated signal
generation, reception and control equipment that is designed to provide Cable Service
which includes Video Programming and which is provided to multiple Subscribers within a
community, but such term does not include:
a facility that serves only to retransmit the television signals of one or more
television broadcast stations;
a facility that serves Subscribers without using any public Right-of-Way;
a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the federal Communications Act (47 U.S.C. 201 et
seq.), except that such facility shall be considered a cable system (other
than for purposes of 47 U.S.C. 541(c)) to the extent such facility is used in
the transmission of video programming directly to Subscribers, unless the
extent of such use is solely to provide interactive on-demand services;
an open video system that complies with 47 U.S.C. 573 and federal
regulations; or
any facilities of any electric utility used solely for operating its electric utility
systems.
When used herein, System or Cable System refers to Grantee's Cable System in the
Franchise Area.
1.9 "Channel"
means a portion of the electromagnetic frequency spectrum which is used in the Cable
System and which is capable of delivering a television channel (as television channel is
defined by the FCC by regulation).
1.10 "City"
is the City of Arlington, Washington, a body politic and corporate under the laws of the
State of Washington, and all of the area within its boundaries, as such may change from
time to time.
1.11 "City Council"
means the Arlington City Council, or its successor, the governing body of the City of
Arlington.
1.12 "Demark Point"
means the point at which the Grantees service drop contacts the customer premises.
1.13 "Expanded Basic Service"
means the Tier of optional video programming services, which is the level of service
received by Subscribers in addition to Basic Service, and does not include Premium
Services.
1.14 "FCC"
means the Federal Communications Commission.
1.15 "Franchise"
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2021 Cable Franchise Agreement
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means the document in which this definition appears, i.e., this contractual agreement,
executed between the City and Grantee, containing the specific provisions of the
authorization granted, including references, specifications, requirements and other related
matters.
1.16 "Franchise Area"
means the specific geographic area of the City to be served by the Grantee and the
specific public ways necessary to serve such areas, including any areas annexed by the
City during the term of this Franchise.
1.17 "GAAP"
means "generally accepted accounting principles".
1.18 "Grantee"
means Comcast Cable Communications Management, LLC or its lawful successor,
transferee or assignee.
1.19 “Gross Revenues”
means and shall be construed to include all revenues derived by Grantee or an affiliated
entity that is the cable operator of the Cable System from the operation of Grantee’s Cable
System to provide Cable Services within the Franchise Area, calculated in accordance
with generally accepted accounting principles (GAAP). Gross Revenues include, by way
of illustration and not limitation: monthly fees for Cable Services, regardless of whether
such Cable Services are provided to residential or commercial customers, including
revenues derived from the provision of all Cable Services (including but not limited to pay
or Premium Cable Services, digital Cable Services, pay-per-view, pay-per-event and
video-on-demand Cable Services); installation, reconnection, downgrade, upgrade, or
similar charges associated with changes in subscriber Cable Service levels; fees paid to
Grantee for channels designated for commercial lease access use and shall be allocated
on a pro rata basis using total Cable Service subscribers within the Franchise Area;
converter, remote control, and other Cable Service equipment rentals, leases, or sales;
Advertising Revenues as defined herein; late fees, convenience fees and administrative
fees which shall be allocated on a pro rata basis using Cable Services revenue as a
percentage of total subscriber revenues within the Franchise Area; revenues from
programming guides; franchise fees, FCC regulatory fees; and commissions from home
shopping channels and other Cable Service revenue sharing arrangements which shall be
allocated on a pro rata basis using total Cable Service subscribers within the Franchise
Area.
1.19.1 “Advertising Revenues”
shall mean revenues derived from sales of advertising that are made available to
Grantee’s Cable System subscribers within the Franchise Area and shall be
allocated on a pro rata basis using total Cable Service subscribers reached by the
advertising. Additionally, Grantee agrees that Gross Revenues subject to
franchise fees shall include all commissions, rep fees, affiliated entity fees, or
rebates paid to National Cable Communication (“NCC”) and Comcast Effectv
(“Effectv”) or their successors associated with sales of advertising on the Cable
System within the Franchise Area allocated according to this paragraph using total
Cable Service subscribers reached by the advertising.
1.19.2 Gross Revenues shall not include: actual bad debt write-offs, except any portion
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2021 Cable Franchise Agreement
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which is subsequently collected which shall be allocated on a pro rata basis using
Cable Services revenue as a percentage of total subscriber revenues within the
Franchise Area; any taxes or fees on services furnished by Grantee imposed by
any municipality, State of other governmental unit, provided that franchise fees and
the FCC regulatory fee shall not be regarded as such a tax or fee; other fees
imposed by a municipality, State or other governmental unit on Grantee including
Access fees; launch fees and marketing co-op fees; and unaffiliated third party
advertising sales agency fees of commissions which are reflected as a deduction
from revenues.
1.19.3 To the extent revenues are received by Grantee for the provision of a discounted
bundle of services which includes Cable Services and non-Cable Services,
Grantee shall calculate revenues to be included in Gross Revenues using a
methodology that allocates revenue on a pro rata basis when comparing the
bundled service price and its components to the sum of the published rate card,
except as to inclusions in the bundled price at full rate card value. This calculation
shall be applied to every bundle service package containing Cable Service from
which Grantee derives revenues in the Franchise Area. The City reserves its right
to review and to challenge Grantee’s calculations.
1.19.4 Grantee reserves the right to change the allocation methodologies set forth in this
Section 1.16 in order to meet the standards required by governing accounting
principles as promulgated and defined by the Financial Accounting Standards
Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities
and Exchange Commission (“SEC”). Grantee will explain and document the
required changes to the City as part of any audit or review of franchise fee
payments, and any such changes shall be subject to 1.16.5 below. If new Cable
Service revenue streams develop from Grantee’s operation of its Cable System
within the City, those new revenue streams shall be included within Gross
Revenues, unless the parties agree otherwise.
1.19.5 Resolution of any disputes over the classification of revenue should first be
attempted by agreement of the Parties, but should no resolution be reached, the
Parties agree that reference shall be made to GAAP as promulgated and defined
by the FASB, EITF and/or the SEC. Notwithstanding the forgoing, the City
reserves its right to challenge Grantee’s calculation of Gross Revenues, including
the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or
the SEC.
1.20 "Leased Access Channel"
means any Channel commercially available for programming for a fee or charge by
Grantee to members of the general public.
1.21 "Locally Scheduled Original Programming"
means programming that is generated/originated by the City or their authorized designee
for programming the EO channel(s) authorized herein. Locally Scheduled Original
Programming does not include programming originated by other entities and utilized by the
City or their authorized designee to program the channel(s) authorized herein.
1.22 "Operator" or "Cable System Operator"
means any person or group of persons who provide Cable Service over a Cable System
and directly or through one or more affiliates owns a significant interest in such Cable
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2021 Cable Franchise Agreement
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System, or otherwise controls or is responsible for the management and operation of such
Cable System.
1.23 "Person"
means any individual, sole proprietorship, partnership, association, or corporation, or any
other form of entity or organization.
1.24 "Premium Service"
means programming packages or programming choices (such as movie Channels, pay-
per-view programs, or video on demand) offered to Subscribers on a per-Channel, per-
program or per-event basis.
1.25 "Rights-of-Way"
means each of the following which have been dedicated to the public or are hereafter
dedicated to the public and are maintained under public authority and located within the
City: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements,
rights-of-way and similar public property and areas.
1.26 "Standard Installation"
means within one hundred twenty-five (125) aerial feet or sixty (60) underground trench
feet from Grantees distribution system to the building Demark Point.
1.27 "State"
means the State of Washington.
1.28 "Subscriber"
means any Person who lawfully receives Cable Service provided by Grantee by means of
the System with Grantee's express permission.
1.29 "Tier"
means a group of Channels for which a single periodic subscription fee is charged.
1.30 "Video Programming"
means programming provided by or generally considered comparable to programming
provided by a television broadcast station or a cable programmer.
SECTION 2. - GRANT OF FRANCHISE
2.1 Grant
The City hereby grants to Grantee a nonexclusive authorization to make reasonable and
lawful use of the Rights-of-Way within the Franchise Area to construct, operate, maintain,
reconstruct and rebuild a Cable System and to provide Cable Service subject to the terms
and conditions set forth in this Franchise and Applicable Law. Neither the City nor the
Grantee waive any rights they may have under Applicable Law as to the lawful use of the
Cable System for other services and the regulatory obligations related to such services.
2.1.1 Each and every term, provision or condition herein is subject to the provisions of
State law, federal law, and the lawful and applicable municipal Code of the City of
Arlington related to Cable Systems.
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2021 Cable Franchise Agreement
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2.1.2 No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a
substitute for:
Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the
ordinances and laws of the City;
Any permit, agreement, or authorization required by the City for Rights-of-
Way users in connection with operations on or in Rights-of-Way or public
property including, by way of example and not limitation, street cut permits;
or
Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise
including, without limitation, permits and agreements for placing devices on
poles, in conduits or in or on other structures.
2.1.3 This Franchise is intended to convey limited rights and interests only as to those
Rights-of-Way in which the City has an actual interest. It is not a warranty of title or
interest in any Rights-of-Way; it does not provide the Grantee with any interest in
any particular location within the Rights-of-Way; and it does not confer rights other
than as expressly provided in the grant hereof.
2.2 Use of Rights-of-Way
2.2.1 Subject to applicable law and the City's supervision and control, Grantee may
erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under,
upon, across, and along the Rights-of- Way within the City such wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments
and other property and equipment as are necessary and appurtenant to the
operation of a Cable System within the City.
2.2.2 Grantee must follow lawful requirements for placement of Cable System facilities in
Rights-of-Way, including the specific location of facilities in the Rights-of-Way, and
must in any event install Cable System facilities in a manner that minimizes
interference with the use of the Rights-of-Way by others, including others that may
be installing communications facilities. Within limits reasonably related to the City's
role in protecting public health, safety and welfare, the City may require that Cable
System facilities be installed at a particular time, at a specific place or in a
particular manner as a condition of access to a particular Rights-of-Way; may deny
access if Grantee is not willing to comply with City's requirements; and may
remove, or require removal of, any facility that is not installed in compliance with
the requirements established by the City, or which is installed without prior City
approval of the time, place or manner of installation, and charge Grantee for all the
costs associated with removal; and may request Grantee to cooperate with others
to minimize adverse impacts on the Rights-of-Way through joint trenching and
other arrangements. With regard to its management of the Rights-of-Way, the City
shall treat the Grantee and other users of the Rights-of-Way in a competitively
neutral and non-discriminatory manner.
2.3 Effective Date and Term of Franchise
This Franchise and the rights, privileges and authority granted hereunder shall take effect
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2021 Cable Franchise Agreement
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thirty days after adoption by City Council and Grantee's written acceptance (the "Effective
Date"), and shall terminate ten (10) years later on the tenth anniversary of the Effective
Date, unless extended for an additional five (5) years by mutual agreement of the parties,
or terminated sooner as hereinafter provided.
2.4 Grant of Other Franchises
2.4.1 Grantee acknowledges and agrees that the City reserves the right to grant one or
more additional franchises subsequent to this Franchise to provide Cable Service
or wireline video programming service within the Franchise Area; provided, the City
agrees that it shall amend this Franchise to include any material terms or
conditions that it makes available to the new entrant within ninety (90) days of
Grantee’s request, so as to ensure that the regulatory and financial burdens on
each entity are materially equivalent. “Material terms and conditions” include but
are not limited to: Franchise Fees; insurance; system build-out requirements;
security instruments; Access Channels and support; customer service standards;
required reports and related record keeping; and notice and opportunity to cure
breaches. The parties agree that this provision shall not require a word-for-word
identical franchise or authorization so long as the regulatory and financial burdens
on each entity are materially equivalent. Video Programming services delivered
over wireless broadband networks are specifically exempted from the requirements
of this Section so long as the City does not have lawful authority to regulate such
wireless broadband networks within the Franchise Area.
2.4.2 The modification process of this Franchise as provided in the preceding paragraph
shall only be initiated by written notice by Grantee to the City regarding specified
franchise obligations. Grantee’s notice shall address the following:
identifying the specific terms or conditions in the competitive cable services
franchise which are materially different from Grantee’s obligations under
this Franchise;
identifying the Franchise terms and conditions for which Grantee is seeking
amendments;
providing text for any proposed Franchise amendments to the City, and
a written explanation of why the proposed amendments are necessary.
2.4.3 Upon receipt of Grantee’s written notice as provided in Section 2.4.2, the City and
Grantee agree that they will use best efforts in good faith to negotiate Grantee’s
proposed Franchise modifications, and that such negotiation will proceed and
conclude within a ninety (90) day time period, unless that time period is reduced or
extended by mutual agreement of the parties. If the City and Grantee reach
agreement on the Franchise modifications pursuant to such negotiations, then the
parties shall amend this Franchise to include the modifications. Notwithstanding
any modification of this Franchise pursuant to the provisions of this Section 2.4,
should any entity, whose authorization to provide Cable Services or similar wireline
video programming service resulted in a triggering of the amendments under this
Section, fail or cease to provide such services within the City, the City may provide
ninety (90) days’ written notice to Grantee of such fact, and the City and Grantee
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2021 Cable Franchise Agreement
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shall enter into good faith negotiations to determine the original terms, conditions
and obligations of this Franchise shall be reinstated and fully effective.
2.4.4 In the event an application for a new cable television franchise is filed with the City
proposing to serve the Franchise Area, in whole or in part, the City shall provide
notice of such application to the Grantee.
2.4.5 In the event that a wireline multichannel video programming distributor, legally
authorized by state or federal law, makes available for purchase by Subscribers or
customers, Cable Services or wireline video services within the City without a
Cable Service franchise or other similar lawful authorization granted by the City,
then Grantee shall have a right to request Franchise amendments that relieve the
Grantee of regulatory burdens that create a competitive disadvantage to Grantee.
In requesting amendments, Grantee shall file a petition seeking to amend this
Franchise. Such petition shall:
indicate the presence of such wireline competitor;
identify the Franchise terms and conditions for which Grantee is seeking
amendments;
provide the text of all proposed Franchise amendments to the City,
identify all material terms or conditions in the applicable state or federal
authorization which are substantially more favorable or less burdensome to
the competitive entity.
The City shall not unreasonably withhold consent to Grantee’s petition.
2.5 Police Powers
2.5.1 Grantee's rights hereunder are subject to the police powers of the City to adopt
and enforce ordinances necessary to the safety, health, and welfare of the public,
and Grantee agrees to comply with all laws and ordinances of general applicability
enacted, or hereafter enacted, by the City or any other legally constituted
governmental unit having lawful jurisdiction over the subject matter hereof. The
City shall have the right to adopt, from time to time, such ordinances as may be
deemed necessary in the exercise of its police power; provided that such
ordinances shall be reasonable.
2.5.2 The City reserves the right to exercise its police powers, notwithstanding anything
in this Franchise to the contrary, and any conflict between the provisions of this
Franchise and any other present or future lawful exercise of the City's police
powers shall be resolved in favor of the latter.
2.6 Compliance with Laws
2.6.1 As a minimum, and without limitation, Grantee shall adhere to applicable City
ordinances relating to Rights-of-Way construction and use safety standards and all
building and zoning codes currently or hereafter in force in the City. The
construction, installation, and maintenance of the System shall be effectuated by
Grantee in a manner that is consistent with the laws, ordinances and construction
standards of the State of Washington, the Occupational Safety and Health
Administration, the National Electrical Safety Code, FCC, as well as all other
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2021 Cable Franchise Agreement
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applicable laws, rules, regulations and ordinances, federal, state and local, as the
same may be modified or amended from time to time, pursuant to the City's
legitimate exercise of its police powers.
2.6.2 In case of such conflict or ambiguity between any terms or provisions of the
Franchise and City ordinances, the Franchise will control.
SECTION 3. - FEE PAYMENT AND FINANCIAL CONTROLS
3.1 Franchise Fee
3.1.1 As compensation for the benefits and privileges granted under this Franchise and
in consideration of permission to use City's Streets, Grantee shall pay as a
Franchise fee to City, throughout the duration of this Franchise, an amount equal to
five percent (5%) (unless the maximum permissible percentage is modified by
federal law as described below), of Grantee's Gross Revenues. The Franchise
fees are in addition to all other fees, assessments, taxes or payments of general
applicability that the Grantee may be required to pay under any federal, State or
local law. This Franchise and the Franchise fees paid hereunder are not in lieu of
any other generally applicable required permit, authorization, fee, charge or tax.
3.1.2 The parties acknowledge that, at present, applicable federal law limits City to
collection of a maximum Franchise fee of five percent (5%) of Gross Subscriber
Revenues in any twelve (12) month period. In the event that at any time during the
duration of this Franchise applicable federal law changes the maximum allowable
Franchise Fee, to be collected in any twelve (12) month period, then this Franchise
shall be amended by the parties with sixty (60) days written notice by either party
to the other party. The City agrees that all Cable operators in the Franchise Area
over which the City has jurisdiction will be treated in an equivalent manner.
3.2 Payments
Grantee's fee payments to the City shall be computed quarterly for the preceding calendar
quarter ending March 31, June 30, September 30, and December 31. Each quarterly
payment shall be due and payable no later than forty-five (45) days after said dates.
3.3 Acceptance of Payment and Re-computation
No acceptance of any payment shall be construed as an accord by the City that the
amount paid is, in fact, the correct amount, nor shall any acceptance of payments be
construed as a release of any claim the City or Grantee may have for correct payment, or
for the performance of any other obligation of Grantee.
3.4 Quarterly Franchise Fee Reports
Each payment shall be accompanied by a written report to the City, verified by an
authorized representative of Grantee, containing an accurate statement in summarized
form, as well as in detail, of Grantee's Gross Revenues and the computation of the
payment amount. Such reports shall detail all Gross Revenues of the Cable System and
shall be calculated in accordance with GAAP.
3.5 Audits
On an annual basis, upon thirty (30) days prior written notice, the City shall have the right
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2021 Cable Franchise Agreement
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to conduct an independent audit of Grantee's records reasonably related to the
administration or enforcement of this Franchise, in accordance with GAAP. If the audit
shows that Franchise Fee payments have been underpaid by five percent (5%) or more,
Grantee shall pay up to five thousand dollars ($5,000) per audited year for a maximum of
three (3) years toward the cost of the audit.
3.6 Late Payments
In the event any payment due quarterly is not received within forty-five (45) days from the
end of the calendar quarter, Grantee shall pay interest on the amount due at the rate of
one percent (1%) per month, compounded daily, calculated from the date the payment
was originally due until the date the City receives the payment.
3.7 Tax Liability
All taxes or other levies or assessments which are now or hereafter required to be paid by
businesses in general by any law of the City, the State or the United States including,
without limitation, sales, use and other taxes. Payment of the fees under this Franchise
shall not exempt Grantee from the payment of any other, permit fee, tax or charge on the
business, occupation, property or income of Grantee that may be lawfully imposed by the
City.
3.8 Payment on Termination
If this Franchise terminates for any reason, the Grantee shall file with the City within ninety
(90) calendar days of the date of the termination, a financial statement showing the Gross
Revenues received by the Grantee since the end of the previous fiscal year.
SECTION 4. - ADMINISTRATION AND REGULATION
4.1 Authority
4.1.1 The City shall be vested with the power and right to reasonably regulate the
exercise of the privileges permitted by this Franchise in the public interest, or to
delegate that power and right, or any part thereof, to the extent permitted under law
to any agent in its sole discretion.
4.1.2 Nothing in this Franchise shall limit nor expand the City's right of eminent domain
under State law.
4.2 Time Limits Strictly Construed
Whenever this Franchise sets forth a time for any act to be performed by Grantee, such
time shall be deemed to be of the essence, and any failure of Grantee to perform within
the allotted time may be considered a breach of this Franchise.
SECTION 5. - FINANCIAL AND INSURANCE REQUIREMENTS
5.1 Indemnification
Grantee shall defend, indemnify, and hold harmless the City, its officers, officials,
employees and volunteers from and against any and all claims, suits, actions, or liabilities
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for injury or death of any person, or for loss or damage to property, which arises out of
Grantee’s acts, errors or omissions, or from the conduct of Grantee’s business, or from
any activity, work or thing done, permitted, or suffered by Grantee arising from or in
connection with this Franchise Agreement, except only such injury or damage as shall
have been occasioned by the sole negligence of the City, The City shall give the Grantee
written notice of its obligation to indemnify and defend the City within fifteen (15) days of
receipt of a claim or action pursuant to this Section. If the City determines that it is
necessary for it to employ separate counsel, the costs for such separate counsel shall be
the responsibility of the City.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Grantee and the City, its officers, officials, employees, and volunteers, the Grantee’s
liability hereunder shall be only to the extent of the Grantee’s negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification; provided however, the forgoing waiver shall not in any
way preclude Grantee from raising such immunity as a defense against any claim brought
against Grantee by any of its employees or other third party. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
5.2 Insurance
5.2.1 Grantee shall maintain in full force and effect at its own cost and expense each of
the following policies of insurance:
Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) for bodily injury or death to each person, five
million dollars ($5,000,000.00) for property damage resulting from any one
accident, and five million dollars ($5,000,000.00) for all other types of
liability. Such insurance shall name the City, its officers, officials and
employees as additional insureds. This coverage shall be at least as broad
as ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability assumed
under an insured contract. There shall be no exclusion for liability arising
from explosion, collapse or underground property damage. The City shall
be named as an additional insured under the Grantee’s Commercial
General Liability insurance policy with respect this Franchise Agreement
using the current ISO endorsement CG 20 12 if the franchise agreement is
considered a master permit, or CG 20 26 if it is not, or substitute
endorsement providing at least as broad coverage.
Commercial Automobile Liability insurance with a limit if one million dollars
($1,000,000.00) for each person and five million dollars ($5,000,000.00) for
each accident with respect to each of Grantee's owned, hired and non-
owned vehicles assigned to or used in the operation of the Cable System in
the City. Coverage shall be at least as broad as Insurance Services Office
(ISO) form CA 00 01.
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Employer's Liability: One million dollars ($1,000,000.00).
5.2.2 No Limitation
The Grantee’s maintenance of insurance as required by the Agreement shall not
be construed to limit or otherwise alter the liability of the Grantee to the coverage
provided by such insurance, or otherwise limit the City’s recourse to any remedy
available at law or in equity.
5.2.3 Each policy shall provide that the insurance shall not be canceled without thirty
(30) days' written notice first provided to the City, via registered mail, and ten (10)
days' notice for nonpayment of premium. If the insurance is canceled or materially
altered so as to be out of compliance with the requirements of this subsection
within the term of this Franchise, Grantee shall provide a replacement policy no
later than thirty (30) days prior to said cancellation or material change. Grantee
agrees to maintain continuous uninterrupted insurance coverage, in at least the
amounts required, for the duration of this Franchise and, in the case of the
Commercial General Liability, for at least one (1) year after expiration of this
Franchise.
5.2.4 Self insurance is not permitted for this Franchise, unless approved in advance and
in writing by the City.
5.3 Deductibles/Certificate of Insurance
Any deductible of the policies shall not in any way limit Grantee's liability to the City.
5.3.1 Acceptability of Insurers
The insurance obtained by Grantee shall be placed with insurers with an A.M.
Best's rating of no less than "A-VII."
5.3.2 Verification of Coverage
The Grantee shall furnish the City with certificates of insurance evidencing
compliance with this Agreement. The certificates for each insurance policy are to
be signed by a person authorized by that insurer to bind coverage on its behalf,
provided however that a facsimile signature shall be deemed to satisfy this
requirement. The certificates are to be on ACORD standard forms or such
alternate forms as are consistent with standard industry practices. The Grantee
hereby warrants that its insurance policies satisfy the requirements of this
Franchise and City laws.
5.3.4 Subcontractors
The Grantee shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Grantee-provided
insurance as set forth herein, except the Grantee shall have sole responsibility for
determining the limits of coverage required to be obtained by Subcontractors. The
Grantee shall ensure that the City is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 2026.
5.3.5 Failure to Maintain Insurance
Failure on the part of the Grantee to maintain the insurance as required shall
constitute a material breach of Agreement, upon which the City may, after giving
five business days’ notice to the Grantee to correct the breach, terminate the
Agreement.
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5.4 Security
5.4.1 The Grantee shall post a performance bond, in the amount of twenty-five thousand
dollars ($25,000) to ensure Grantee's faithful performance of the terms of this
Franchise.
5.4.2 In the event Grantee undertakes any work in the Streets, the City reserves the right
to require Grantee to provide additional security in the form of a construction bond,
consistent with the City's municipal code.
5.4.3 Any bonds required by the City shall be in a form that is typically recognized and
accepted. The Grantee shall pay all premiums or other costs incidental to securing
and maintaining the bond(s), and shall keep the bonds in effect at all times during
the term of this Franchise, provided that bonds securing the performance of
construction work as described in subsection 5.4.2 above shall be maintained until
all construction work secured by the bond(s) is completed, and may be released at
the conclusion of construction in accordance with the City's standard policies and
procedures.
5.4.4 The Grantee agrees that the maintenance of the bonds described herein shall not
limit the liability of the Grantee to the amount of the bond(s), or otherwise limit the
City's ability to pursue any other lawful remedy in any regulatory or court
proceeding.
SECTION 6. - PRIVACY AND DISCRIMINATION
6.1 Subscriber Privacy
The Grantee shall comply with all applicable federal and State privacy laws, including
Section 631 of the Cable Act and regulations adopted pursuant thereto.
6.2 Discrimination Prohibited
6.2.1 Grantee shall not, in its rates or charges, or in the availability of the Services or
facilities of its System, or in any other respect, make or grant undue preference or
advantages to any Subscriber, potential Subscriber, or group of Subscribers or
potential Subscribers, nor subject any such persons or group of persons to any
undue prejudice or any disadvantage. Grantee shall not deny, delay, or otherwise
burden service or discriminate against Subscribers or users, except for discounts
for senior citizens, the economically disadvantaged or disabled that are applied in a
uniform and consistent manner. Grantee may also offer bulk discounts to multiple
dwelling buildings to the extent such discounts are otherwise permissible by law.
6.2.2 Grantee shall not deny service to any potential Subscriber because of the income
of the residents of the area in which the Subscriber resides.
6.2.3 Grantee shall comply with federal, state, and local laws and regulations governing
equal employment opportunities, as the same may be from time to time amended.
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SECTION 7. - REPORTS AND RECORDS
7.1 Open Records
City shall have access to, and the right to inspect, any books and records of Grantee that
are necessary to the administration or enforcement of the terms of this Franchise and all
such records shall remain in control of Grantee. The City may, in writing, request copies of
any such records or books and Grantee shall provide such copies within thirty (30) days of
the transmittal of such request. One copy of all reports and records required under this or
any other Section shall be furnished to City at the sole expense of Grantee. If for security
reasons Grantee determines that the requested books or records cannot be copied or
removed, then Grantee may request, in writing within ten (10) days, that City inspect them
at one of Grantee's local area offices. If any books or records of Grantee are not kept in a
local area office and not made available in copies to City upon written request as set forth
above, and if City determines that an examination of such records is necessary or
appropriate to the performance of any of City’s duties directly related to the administration
or enforcement of this Franchise, then all reasonable travel expenses incurred in making
such examination shall be paid by Grantee.
7.2 Confidentiality
The City agrees to keep confidential any proprietary or confidential books or records to the
extent permitted by law. Grantee shall be responsible for clearly and conspicuously
identifying the work confidential or proprietary, and shall provide brief written explanation
as to why such information is confidential and how it may be treated as such under State
and federal law. If the City receives a demand from any Person for disclosure of any
information designated by Grantee as confidential or proprietary, City shall so far as
consistent with applicable law, advise Grantee and provide Grantee with a copy of any
written request by the party demanding access to such information within reasonable time.
7.3 Copies of Federal and State Documents
Grantee shall submit to City, upon request, a list, or copies of all pleadings, applications,
notifications, communications and documents of any kind, submitted by Grantee or its
parent corporations or Affiliates to any federal, State or local courts; regulatory agencies or
other government bodies if such documents specifically relate to the operations of
Grantee's Cable System within the Franchise Area. Grantee shall submit such list or
documents to City no later than thirty (30) days after receipt of City’s written request.
Grantee shall not claim confidential, privileged or proprietary rights to such documents
unless under federal, State, or local law such documents have been determined to be
confidential by a court of competent jurisdiction, or a federal or State agency. Any such
confidential material determined to be exempt from public disclosure shall be retained in
confidence by City and its authorized agents and shall not be made available for public
inspection. With respect to all other reports, documents and notifications provided to any
federal, State or local regulatory agency as a routine matter in the due course of operating
Grantee’s System within the Franchise Area, Grantee shall make such documents
available to the City upon written request.
7.4 Inspection of Facilities
City may inspect, upon request, any of Grantee's facilities and equipment located in the
public right-of-way to confirm performance under this Franchise during normal business
hours upon at least twenty-four (24) hours prior notice.
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7.5 Periodic meeting
Throughout the term of the Franchise, Grantee shall meet with the City on an annual basis
upon thirty (30) day prior written notice from the City. Matters to be discussed include, but
are not limited to customer service, System performance, technical issues and other
matters related to Grantee’s operation of the Cable System.
7.6 False Statements
Any intentional false or misleading statement or representation in any report required by
this Franchise may be deemed a material violation of this Franchise and may subject
Grantee to all remedies, legal or equitable, which are available to City under this Franchise
or otherwise.
SECTION 8. - DESIGN, SERVICES AND CAPABILITIES
8.1 Cable System Design
Prior to the Effective Date of this Franchise, the Grantee undertook a voluntary upgrade of
its Cable System to a fiber-to-the-node system architecture, with fiber-optic cable deployed
from the Headend to the node and tying into a coaxial system serving Subscribers. The
Cable System is capable of delivering high quality signals that meet or exceed FCC
technical quality standards regardless of a particular manner in which signal is transmitted.
Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of
these specifications throughout the term of the Franchise.
8.2 Service Availability
8.2.1 Except as provided herein, the Grantee shall provide a Standard Installation of
Cable Service within seven (7) days of a request by any person within the
Franchise Area. For purposes of this Section 13, a request shall be deemed made
on the date of signing a service agreement, receipt of funds by Grantee, receipt of
a written request by Grantee or receipt by Grantee of a verified verbal request.
8.2.2 Grantee shall provide Cable Service within sixty (60) days in newly constructed
areas.
8.2.3 Grantee shall provide Cable Service:
with no line extension charge except as specifically authorized elsewhere in
this Franchise;
at a nondiscriminatory installation charge for a Standard Installation, with
additional charges for non-Standard Installations computed according to a
nondiscriminatory methodology for such installations; and
at nondiscriminatory monthly rates for residential Subscribers.
8.2.4 Required Extensions of Service
The Grantee shall make Cable Service available to every residential dwelling unit
within the Franchise Area where the minimum density is at least thirty (30) dwelling
units per strand mile in areas served by overhead facilities and sixty (60) dwelling
units per strand mile in areas served by underground facilities. Subject to the
density requirement, Grantee shall offer Cable Service at standard installation
rates to all new homes or previously unserved homes located within one hundred
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twenty-five (125) aerial feet of the Grantee's aerial distribution cable, or within sixty
(60) underground trench feet of either aerial or underground distribution facilities.
8.2.5 The Grantee may elect to provide Cable Service to areas not meeting the above
density and distance standards. The Grantee may impose an additional charge in
excess of its regular installation charge for any service installation requiring a drop
or line extension in excess of the above standards. Any such additional charge
shall be the fully allocated cost of the installation that exceeds the standards set
forth above.
8.2.6 Customer Service in New Developments
In the event that a developer refuses to allow Grantee reasonable access to open
trenches in a developer's new development for purposes of allowing Grantee to
install cable facilities within such trenches (prior to the transfer of or dedication of
any right[s]-of-way to the County at the completion of any such new development),
then the Grantee shall not be required to provide cable service(s) to customers
located within any such portion of the Franchise Area from which Grantee has
been denied reasonable access to open trenches by a developer (and Grantee
shall not be in default of the terms of this Franchise for any such refusal or failure
to provide cable services to customers located within such area[s]).
8.3 Technical Standards
The System shall be designed, constructed and operated so as to meet those technical
standards promulgated by the Federal Communications Commission relating to Cable
Television Systems contained in part 76 of the Federal Communications Commission's
rules and regulations relating to Cable Television Systems and found in Code of Federal
Regulations, Title 47, Sections 76.60 to 76.617, as amended, or as may, from time to time,
be amended. The results of tests required by the Federal Communications Commission
must be made available to the City upon request.
8.4 Emergency Permitting
In the event that emergency repairs are necessary, Grantee shall immediately notify the
City of the need for such repairs. Grantee may initiate such emergency repairs, and shall
apply for appropriate permits within forty-eight (48) hours after discovery of the
emergency.
SECTION 9. - GOVERNMENTAL ACCESS, LEASED ACCESS
9.1 Access Channels
9.1.1 For the purpose of meeting the community’s need for Access programming, the
Grantee shall make available one (1) Standard Digital (SD) Government Access
Channel throughout the term of this Franchise.
9.1.2 The City acknowledges that the Grantee’s Cable System provides additional
benefits to Access programming needs beyond the requirements listed in
subsection 9.1.1 above. This is accomplished through the inclusion of other
regional access programming within the regional channel line-up that services the
Franchise Area. The Grantee will endeavor to provide the Subscribers in the
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Franchise Area with the other regional access channels so long as the
programmers offer them for use on the Cable System.
9.1.3 In the event Grantee makes any change in the Cable System and related
equipment and facilities or in signal delivery technology, which change directly or
indirectly affects the signal quality or transmission of any Access Channel
programming or services, Grantee shall, at its own expense, take necessary
technical steps, acquire new equipment so that the Access facilities and equipment
may be used as intended to ensure that delivery of Access Video Programming
signals is not diminished or adversely affected, including, among other things, so
that live and taped programming can be cablecast with as good or better signal
quality than existed prior to such change.
9.2 Simulcast High Definition (HD) Access Channel
9.2.1 The Grantee agrees to simulcast the one (1) SD Government Access Channel in
HD (HD PEG Channel) format after the City’s maintains an average of five (5)
hours per-day, five days per-week of Locally Scheduled Original Programming.
For the purposes of this subsection, character-generated programming (i.e.,
community bulletin City Councils) shall not satisfy, in whole or in part, this
programming requirement. Once the City meets or exceeds this programming
requirement, the Grantee shall provide the HD PEG Channel under the following
conditions:
Upon the City’s request, the Grantee shall have one-hundred and twenty
(120) days to activate the simulcast HD PEG Channel.
The Grantee shall be responsible for all capital engineering costs
associated with fulfilling the request to activate the simulcast HD PEG
Channels.
The City or any Designated Access Provider shall be responsible for
acquiring all equipment necessary to produce programming in HD.
Upon activation of the simulcast HD PEG Channel, Comcast shall own and
maintain the encoder equipment used to transmit the HD signal from City
Hall (the demarcation point).
The City shall provide the HD PEG Channel signal as specified by the
Grantee’s engineering standards, as amended by the Grantee from time to
time because of changes in technology.
9.2.2 The City acknowledges that the simulcast HD PEG Channel will be available only
to those Subscribers who elect to subscribe to Grantee’s high-definition Cable
Service, receive a HD set-top converter, and pay all fees associated therewith.
9.2.3 Grantee shall have sole discretion to determine the Channel placement of the
simulcast HD PEG Access Channel within its HD channel line-up.
9.3 Management and Control of Access Channels
9.3.1 The City may authorize Designated Access Providers to control, operate, and
manage the use of any and all Access facilities provided by Grantee under this
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Franchise, including, without limitation, the operation of Access Channels. The
City or its designee may formulate rules for the operation of the Access Channels,
consistent with this Franchise, the FCC, federal and State law. Nothing herein
shall prohibit the City from authorizing itself to be a Designated Access Provider.
9.3.2 Grantee shall cooperate with the City and Designated Access Providers in the use
of the Cable System and Access facilities for the provision of Access Channels.
9.4 Location and Quality of Access Channels
9.4.1 The Standard Definition Access Channel provided to Subscribers under this
Franchise shall be included by Grantee as a part of the lowest Tier of service
provided to all Subscribers in the Franchise. Grantee agrees to use reasonable
efforts to place the Access Channel in the same vicinity as other local government
access channels. Grantee will use reasonable efforts to minimize the movement of
SD and HD Access Channel assignments.
9.4.2 In addition, Grantee will make reasonable efforts to locate the HD Access Channel
provided pursuant to Section 9.2 in a location on its HD Channel lineup that is
easily accessible to Subscribers.
9.4.3 The parties agree that it is the responsibility of the Designated Access Provider(s)
to provide a quality Access signal, to the Grantee at the point of demarcation,
which meets or exceeds the FCC technical standards. Notwithstanding the
forgoing, the Grantee agrees that it will deliver to subscribers an Access signal of
the same quality it receives from the Designated Access Provider(s) without
degradation and in accordance with the FCC technical standards. There shall be
no restriction on Grantee’s technology used to deploy and deliver Standard
Definition or High Definition signals so long as the requirements of the Franchise
are otherwise met. FCC technical standards shall be used for all testing and
assessment of quality under this section.
9.4.4 Grantee shall provide Headend and hub equipment and routine maintenance and
repair and replace, if necessary, any of Grantee’s equipment required to carry the
Access signal to and from the City’s and any other Access origination point and the
Grantee’s Headend and hubs for the Access Channels.
9.4.5 If Grantee makes a change in its Cable System and related equipment and
facilities, or in its signal delivery technology, which directly or indirectly affects the
signal quality or method or type of transmission of Access programming or
services, Grantee shall take necessary technical steps and provide necessary
technical assistance, including the acquisition of all necessary equipment and full
training of access personnel, to ensure that the capabilities of Access Channels
and delivery of Access programming are not diminished or adversely affected by
such change. For example, live and taped programming must be cablecast with as
good or better signal quality than existed prior to such change.
9.5 Access Channel Identification/Location/Relocation/Bill Insertions
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9.5.1 Grantee will use reasonable efforts to minimize the movement of Access Channel
assignments. Grantee shall provide to the City a minimum of sixty (60) days’
notice, and use its best efforts to provide ninety (90) days’ notice, prior to any
relocation of its Access Channels, unless the change is required by federal law, in
which case Grantee shall give the City the maximum notice possible.
9.5.2 Grantee, upon request, and when space is available, shall provide the City the
opportunity to include two bill insertions per year. The City or Designated Access
Providers shall be responsible for the costs of printing its bill insertions, the cost of
inserting the information into Grantee’s bills and for any incremental postage costs.
Bill insertions must conform to Grantee’s reasonable mailing requirements.
Grantee shall be provided an opportunity to review and approve all Access bill
insertions.
9.6 Support for Access Capital Costs
9.6.1 Upon sixty (60) days’ notice from the City, Grantee shall collect and remit to the
City, as support for any lawful capital PEG use, twenty-five cents ($0.25) per
Subscriber per month, payable quarterly with Franchise Fees as a “PEG
Contribution.” The PEG Contribution shall not be treated as franchise fees for
purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or
deducted from franchise fee payments made to the City under this Franchise or
applicable law. Upon sixty (60) days written notice to Grantee, the City Council
may direct Grantee to no longer collect such PEG Fee from Subscribers.
9.6.2 If during the Term of this Franchise, the City Council determines that there is a
need for additional capital equipment to support the Access Channels, then based
upon that demonstrated need, both parties shall meet to determine how to adjust
the PEG Contribution and if the remaining term of this franchise does not
accommodate the full capital needs of the city, both parties may review the
possibilities of extending the term of the franchise. Such amount shall be the same
amount required of all other Cable Operators in the Franchise Area. The City
agrees that 47 C.F.R. §76.922 permits Grantee to add the cost of the PEG
Contribution to the price of Cable Services and to collect the PEG Contribution
from Subscribers. In addition, as permitted in 47 C.F.R. §76.985, all amounts paid
as the PEG Contribution may be separately stated on Subscriber’s bills as a
government access capital equipment fee.
9.6.3 The City shall have discretion to allocate the PEG Contribution in accordance with
applicable law. To the extent the City makes access capital investments using City
funds prior to receiving the monthly PEG Contribution funds, the City is entitled to
apply the subsequent monthly PEG Contribution payments from Grantee toward
such City capital investments. The City agrees that the PEG Contribution may be
treated as a separate line item on Subscriber bills in accordance with applicable
federal law.
9.6.4 Upon the Grantee’s written request, the City shall submit a report no more
frequently than annually on the use of the City specific Access Channels and
capital PEG Fee. The City shall submit a report to the Grantee within one hundred
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twenty (120) days of a written request. The Grantee may review the records of the
City regarding the use of the PEG Contribution.
9.6.5 Unless the City determines to no longer use the Access Channels, the City shall
dedicate the time, personnel and other resources needed to operate the Access
Channels designated herein.
9.7 Technical Quality
Grantee shall maintain all Access channels as required by FCC standards. Grantee shall
ensure that any Access Channels carried in High Definition format can also be viewed in
Standard Definition format by Subscribers who do not receive High Definition service or do
not have High Definition equipment, with the same quality and functionality as commercial
channels of the same format, whether through simulcasting the programming in Standard
and High Definition, or by means of another technical solution used by Grantee for other
commercial programmers carried on the channel lineup.
9.8 Return Connectivity
9.8.1 Throughout the term of this Franchise, Grantee at its cost and expense shall
continue to provide and maintain, as per federal law, a local origination return line
from 110 E. Third Street, Arlington WA 98223 to Grantee’s headend. The City
shall utilize the local origination return line for the transmission of Access
Programming for the Access Channels only and shall provide and maintain all
necessary edge devices for transmission and reception. Upon written request of
the City, Grantee shall construct and maintain additional fiber-optic return
connectivity from the City to other locations within the Franchise Area, for the
purpose of delivering Access Programming to the City. All return connectivity
engineering and construction costs for additional fiber optic connectivity shall be
paid by the City at a cost mutually agreed to between the City and Grantee prior to
beginning construction, and shall be completed within four (4) months of the year
following the City’s acceptance of Grantee’s estimated cost. Grantee must submit
to the City, all requested estimates, prior to March 1st of each calendar year, and
the City must respond, to Grantee, with acceptance or refusal prior to June 1st of
each calendar year. The City shall be responsible for any of Grantee’s engineering
costs associated with a project requested by the City, but not accepted for
construction. Grantee may require that a reasonable deposit of the estimated
project cost be paid in advance. Any additional costs resulting from change orders
must be approved by the City prior to implementation.
9.8.2 After satisfactory completion of work requested by the City for which the City is to
reimburse Grantee and upon submission by Grantee of a proper invoice for
payment of the cost reasonably incurred and accompanied by such evidence in
support thereof, the City agrees to make payment for the cost reasonably incurred
up to the estimated cost for the work; provided, however, that all payments shall be
subject to adjustment for any amount found upon audit or otherwise to have been
improperly invoiced. All work shall be performed in a cost-effective manner to
minimize the costs to the City.
9.9 Guide Selection
Grantee agrees that if it utilizes a visual interface under its control on its Cable System for
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all Channels, the Access Channels shall be treated in a non-discriminatory fashion
consistent with applicable laws so that Subscribers will have ready access to Access
Channels. To the extent the configuration of the Cable System allows for detailed program
listings to be included on the digital channel guide, Grantee will make available to City the
ability to place Access Channel programming information on the interactive Channel guide
via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee
utilizes to provide the guide service. Grantee will be responsible for providing the
designations and instructions necessary for the Access Channels to appear on the EPG
and the City will be responsible for providing Access content in a format that is compatible
with the EPG. All costs and operational requirements for the EPG provider shall be the
responsibility of the City. Grantee is not responsible for operations of the EPG provider.
Grantee shall, to the maximum extent possible, make available to the City any price
discounts Grantee may have in place with third party vendors that offer such programming
guide services. The cost of this guide service may be funded in any manner consistent
with applicable law.
SECTION 10. - CUSTOMER SERVICE
10.1 Customer Service Standards
The City hereby adopts the customer service standards set forth in Part 76, §76.309 of the
FCC’s rules and regulations, as amended. The Grantee shall comply in all respects with
the customer service requirements established by the FCC.
10.2 Subscriber Privacy
Grantee will comply with privacy rights of Subscribers in accordance with federal, State
and local law.
10.3 Emergency Alert Capability
In accordance with, and at the time required by, the provisions of FCC Regulations Part
11, Subpart D, Section 11.51, as such provisions may from time to time be amended,
Emergency Alert System (“EAS”) activation has been accomplished in compliance with the
FCC approved Washington State EAS plan. Grantee shall ensure that the EAS system is
functioning properly at all times. It will test the EAS system periodically, in accordance with
FCC regulations.
SECTION 11. - FRANCHISE VIOLATIONS
11.1 Procedure for Remedying Franchise Violations
11.1.1 If the City believes that Grantee has failed to perform any obligation under this
Franchise or has failed to perform in a timely manner, the City shall notify Grantee
in writing, stating with reasonable specificity the nature of the alleged default.
Grantee shall have thirty (30) days from the receipt of such notice to:
Respond to the City, contesting the City's assertion that a default has
occurred, and requesting a meeting in accordance with subsection (2),
below; or
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Cure the default; or
Notify the City that Grantee cannot cure the default within the thirty (30)
days, because of the nature of the default. In the event the default cannot
be cured within thirty (30) days, Grantee shall promptly take all reasonable
steps to cure the default and notify the City in writing and in detail as to the
exact steps that will be taken and the projected completion date. In such
case, the City may set a meeting in accordance with subsection (11.1.2)
below to determine whether additional time beyond the thirty (30) days
specified above is indeed needed, and whether Grantee's proposed
completion schedule and steps are reasonable.
11.1.2 If Grantee does not cure the alleged default within the cure period stated above, or
by the projected completion date under subsection (11.1.1)(3), or denies the
default and requests a meeting in accordance with (11.1.1)(1), or the City orders a
meeting in accordance with subsection (11.1.1)(3), the City shall set a meeting to
investigate said issues or the existence of the alleged default in accordance with
applicable City code. The City shall notify Grantee of the meeting in writing and
such meeting shall take place no less than thirty (30) days after Grantee's receipt
of notice of the meeting.
11.1.3 If, after the meeting, the City determines that a default exists, the City shall order
Grantee to correct or remedy the default or breach within fifteen (15) days or within
such other reasonable time period as the City shall determine. In the event
Grantee does not cure within such time frame to the City's reasonable satisfaction,
the City may:
Draw upon the performance bond as allowed under applicable law;
Recommend the revocation of this Franchise pursuant to the procedures in
Subsection 15.2; or
Recommend any other legal or equitable remedy available under this
Franchise or applicable law.
11.1.4 The determination as to whether a violation of this Franchise has occurred shall be
within the discretion of the City, provided that any such final determination may be
subject to appeal to the City Council or review by a court of competent jurisdiction
under applicable law.
11.2 Revocation
11.2.1 In addition to revocation in accordance with other provisions of this Franchise and
applicable law, the City may revoke this Franchise and rescind all rights and
privileges associated with this Franchise in the following circumstances, each of
which represents a material breach of this Franchise:
If Grantee fails to perform any material obligation under this Franchise;
If Grantee attempts to evade any material provision of this Franchise or to
practice any fraud or deceit upon the City or Subscribers;
If Grantee becomes insolvent, or if there is an assignment for the benefit of
Grantee's creditors; or
If Grantee fails to comply with any provisions of federal law pertaining to
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System Operators.
11.2.2 Prior to forfeiture or termination of the Franchise, the City shall give written notice
to the Grantee of its intent to revoke the Franchise. The notice shall set forth the
exact nature of the noncompliance. Grantee shall have thirty (30) days from such
notice to object in writing and to state its reasons for such objection and provide
any explanation. In the event the City has not received a satisfactory response
from Grantee, it may then seek a termination of the Franchise by the City Council
in accordance with this subsection.
11.2.3 Any proceeding under the paragraph above shall be conducted by the City Council
and open to the public; provided, however, that the City Council may delegate
responsibility for conduct of the hearing to its Hearing Examiner, who shall make a
recommendation to the City Council. Grantee shall be afforded at least forty-five
(45) days prior written notice of such proceeding.
At such proceeding, Grantee shall be provided a fair opportunity for full
participation, including the right to be represented by legal counsel, to
introduce evidence, and to question witnesses. A complete verbatim record
and transcript shall be made of such proceeding and the cost shall be
shared equally between the parties. The Hearing Examiner shall hear any
Persons interested in the revocation, and shall allow Grantee, in particular,
an opportunity to state its position on the matter.
Within ninety (90) days after the hearing, the City Council shall determine
whether to revoke the Franchise and declare that the Franchise is revoked
and the performance bond forfeited; or if the breach at issue is capable of
being cured by Grantee, direct Grantee to take appropriate remedial action
within the time and in the manner and on the terms and conditions that the
City Council determines are reasonable under the circumstances. If the City
Council determines that the Franchise is to be revoked, the City Council
shall set forth the reasons for such a decision and shall transmit a copy of
the decision to the Grantee. Grantee shall be bound by the City Council's
decision to revoke the Franchise unless it appeals the decision to a court of
competent jurisdiction within forty-five (45) days of the date of the decision.
Grantee shall be entitled to such relief as the court may deem appropriate.
The City Council may at its sole discretion take any lawful action which it
deems appropriate to enforce the City's rights under the Franchise in lieu of
revocation of the Franchise.
11.3 Procedures in the Event of Termination or Revocation
11.3.1 If this Franchise expires without renewal or is otherwise lawfully terminated or
revoked, the City may order the removal of the above-ground Cable System
facilities and such underground facilities from the City at Grantee's sole expense
within a reasonable period of time as determined by the City. In removing its plant,
structures and equipment, Grantee shall refill, at its own expense, any excavation
that is made by it and shall leave all Rights-of-Way, public places and private
property in as good condition as that prevailing prior to Grantee's removal of its
equipment without affecting the electrical or telephone wires or attachments. The
indemnification and insurance provisions and the performance bond shall remain in
full force and effect during the period of removal, and Grantee shall not be entitled
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to, and agrees not to request, compensation of any sort therefore.
11.3.2 If Grantee fails to complete any removal required by this subsection to the City's
satisfaction, after written notice to Grantee, the City may cause the work to be
done and Grantee shall reimburse the City for the costs incurred within thirty (30)
days after receipt of an itemized list of the costs, or the City may recover the costs
through the performance bond provided by Grantee.
11.4 Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of the City to seek or obtain
judicial relief from a violation of any provision of the Franchise or any rule, regulation,
requirement or directive promulgated thereunder. Neither the existence of other remedies
identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise
limit the right of the City to seek and obtain judicial enforcement of Grantee's obligations
by means of specific performance, injunctive relief or mandate, or any other remedy at law
or in equity.
SECTION 12. - FRANCHISE TRANSFER
12.1 This Franchise, as an asset of the Cable System shall not be sold, assigned, transferred,
leased or disposed of, either by involuntary sale or by voluntary sale, merger or
consolidation; nor shall title thereto, either legal or equitable, or any right, interest or
property therein pass to or vest in any Person or entity without the prior written consent of
the City, which consent shall be by the City Council, acting by ordinance.
12.2 The Grantee shall promptly notify the City of any actual or proposed change in, or transfer
of, or acquisition by any other party of control of the Grantee. The word "control" as used
herein is not limited to majority stockholders but includes actual working control in
whatever manner exercised. Every change, transfer or acquisition of control of the
Grantee shall make this Franchise subject to cancellation unless and until the City shall
have consented in writing thereto.
12.3 The parties to the sale or transfer shall make a written request to the City for its approval
of a sale or transfer and furnish all information required by law.
12.4 The City shall act by ordinance on the request within one hundred twenty (120) days of the
request, provided it has received all requested information as required under law. Subject
to the foregoing, if the City fails to render a final decision on the request within one
hundred twenty (120) days, such request shall be deemed granted unless the requesting
party and the City agree to an extension of time.
12.5 Within thirty (30) days of any transfer or sale, if approved or deemed granted by the City,
Grantee shall file with the City a copy of the deed, agreement, lease or other written
instrument evidencing such sale or transfer of ownership or control, certified and sworn to
as correct by Grantee and the transferee, and the transferee shall file its written
acceptance agreeing to be bound by all of the provisions of this Franchise, subject to
applicable law.
12.6 In reviewing a request for sale or transfer, the City may inquire into the qualifications of the
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prospective assignee or transferee, and Grantee shall assist the City in so inquiring. The
City may condition said sale or transfer upon such terms and conditions as allowed under
law, provided, however, any such terms and conditions so attached shall be related to the
qualifications of the prospective assignee or transferee and to the resolution of outstanding
and unresolved issues of noncompliance with the terms and conditions of this Franchise
by Grantee. Additionally, the prospective assignee or transferee must have been certified
by the FCC to operate as a Cable System Operator.
12.7 Notwithstanding anything to the contrary in this subsection, the prior approval of the City
shall not be required for any sale, assignment or transfer of the Franchise or Cable
System to an entity controlling, controlled by or under the same common control as
Grantee. The proposed assignee or transferee must agree in writing to comply with all of
the provisions of the Franchise. Further, Grantee may pledge the assets of the Cable
System for the purpose of financing without the consent of the City; provided that such
pledge of assets shall not impair or mitigate Grantee's responsibilities and capabilities to
meet all of its obligations under the provisions of this Franchise.
SECTION 13. - FORECLOSURE, RECEIVERSHIP, AND ABANDONMENT
13.1 Foreclosure
Upon the foreclosure or other judicial sale of the System, Grantee shall notify the City of
such fact and such notification shall be treated as a notification that a change in ownership
of Grantee has taken place, and the provisions of this Franchise governing the consent to
transfer or change in ownership shall apply without regard to how such transfer or change
in ownership occurred.
13.2 Receivership
The City shall have the right to cancel the Franchise subject to any valid applicable
provisions of state law, including the Bankruptcy Act, one hundred and twenty (120) days
after the appointment of a receiver or trustee to take over and conduct the business of
Grantee, whether in receivership, reorganization, bankruptcy or other action or
proceeding, unless such receivership or trusteeship shall have been vacated prior to the
expiration of said one hundred and twenty (120) days, or unless:
13.2.1 consistent with federal law, the filing of a bankruptcy petition alone shall not
constitute a material default of this Franchise, provided, however, and subject to
valid applicable federal law, in the event of a bankruptcy or other insolvency
proceeding, the City retains all existing rights and enforcement authority under the
Franchise and its police powers.
13.2.2 subject to valid applicable federal law, any trustee or receiver of Grantee shall be
required to assume responsibility for, and remedy all existing defaults and provide
adequate assurance of future performance under the Franchise during the
pendency of such bankruptcy or insolvency proceeding.
13.3 Abandonment
Grantee may not abandon any portion of its System thereof without having first given three
(3) months written notice to the City.
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SECTION 14. - MISCELLANEOUS PROVISIONS
14.1 Severability
If any Section, subsection, paragraph or provision of this Franchise is determined to be
illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such
determination shall have no effect on the validity of any other Section, subsection,
paragraph or provision of this Franchise, all of which will remain in full force and effect for
the term of the Franchise.
14.2 Notices
Throughout the term of the Franchise, each party shall maintain and file with the other a
local address for the service of notices by mail. All notices shall be sent postage prepaid to
such respective address and such notices shall be effective upon the date of mailing. The
City or the Grantee may change these addresses by written notice at any time. At the
Effective Date of this Franchise:
Grantee's address shall be:
Government Affairs
Comcast Cable Communications Management, LLC
900 132nd Street St
Everett, WA 98204
The City's address shall be:
Executive Offices
City of Arlington
238 N Olympic Ave
Arlington, W A 98223
14.3 Descriptive Headings
The headings and titles of the Sections and subsections of this Franchise are for reference
purposes only, and shall not affect the meaning or interpretation of the text herein.
14.4 Costs and Expenses to be Borne by Grantee
Franchise renewal-related costs of publication of this Franchise shall be determined by
City and paid by Grantee to City as allowed under applicable law.
14.5 Binding Effect
This Franchise shall be binding upon the parties hereto, their permitted successors and
assigns.
14.6 Entire Agreement
This Franchise Agreement, including all Exhibits, embodies the entire understanding and
agreement of the Franchising Authority and the Grantee with respect to the subject matter
hereof and supersedes all prior understandings, agreements and communications,
whether written or oral. All ordinances or parts of ordinances that are in conflict with or
otherwise impose obligations different from the provisions of this Franchise Agreement are
superseded by this Franchise Agreement.
14.7 Modification
No provision of this Franchise Agreement shall be amended or otherwise modified, in
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whole or in part, except by an instrument, in writing, duly executed by the Franchising
Authority and the Grantee, which amendment shall be authorized on behalf of the
Franchising Authority through the adoption of an appropriate resolution or order by the
Franchising Authority, as required by applicable law.
14.8 No Joint Venture
Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties, and neither party is authorized to, nor shall either party act toward
third Persons or the public in any manner that would indicate any such relationship with
the other.
14.9 Waiver
The failure of the City at any time to require performance by the Grantee of any provision
hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall
the waiver by the City of any breach of any provision hereof be taken or held to be a
waiver of any succeeding breach of such provision, or as a waiver of the provision itself or
any other provision.
14.10 Venue
Venue for any judicial proceeding regarding this Franchise shall be in Snohomish County
Superior Court.
SECTION 15. - EFFECTIVE DATE, PUBLICATION AND TIME OF ACCEPTANCE
15.1 Publication; Effective Date
Franchise shall be signed by the Mayor or acting Mayor and attested by the City Clerk.
The Franchise shall be published in accordance with the requirements of City and state
law and shall take effect upon acceptance by Grantee.
15.2 Time of Acceptance; Written Acceptance, Resolution
15.2.1 Grantee shall have one-hundred twenty (120) days from the date of adoption of
the Franchise to file its written acceptance with the City Clerk to accept the
Franchise. The written acceptance will be on a standard form provided by
Grantee to the City. Such acceptance by Grantee shall be deemed the grant of
the Franchise for all purposes. The City reserves the right to make sure the
written acceptance includes, within sixty (60) days of acceptance, all payments,
insurance certificates, bonds, and other filings as the City may require. In the
event acceptance does not take place within one-hundred twenty (120) days or
such other time as the City might allow, this Franchise shall, at the City's
discretion, become voidable.
15.2.2 Upon filing of written acceptance as described in Section 15.2.1, Grantee shall
be bound by all the terms and conditions contained herein. Grantee shall
provide all services and offerings specifically set forth herein to provide Services
within the City.
15.2.3 This Franchise and every question arising hereunder shall be construed or
determined according to the laws of the State of Washington and applicable
federal law.
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PASSED, and adopted this _______ day of _____________, 2021, subject to applicable federal,
State, and local laws.
CITY OF ARLINGTON, WA
_______________________________
Barbara Tolbert, Mayor
Approved as to Form:
__________________________________
Steven Peiffle, City Attorney
Attest:
__________________________________
Wendy Van Der Meersche, City Clerk
ACCEPTED, this _______ day of _____________, 2021, subject to applicable federal, State, and
local laws.
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC
By:_________________________________
Name:______________________________
Title________________________________
City of Arlington Council Agenda Bill Item: WS #5Attachment E COUNCIL MEETING DATE: December 14, 2020 SUBJECT: Resolution Declaring Property as Surplus ATTACHMENTS: Resolution and Exhibit A DEPARTMENT OF ORIGIN Fire/EMS; Dave Kraski, Fire Chief 360-403-3607 EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: The City would like to declare surplus of a 2008 International Durastar 4400 Chassis that has reached beyond its useful life. HISTORY: The City has found that the most expedient way to deal with surplus vehicles and equipment is to utilize the services of an on-line auction site.
ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the January 4, 2021 Council meeting, the recommended motion will be, “I move to approve the resolution and authorize the Mayor to sign it.”
RESOLUTION NO. 2021 – XX
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the attached Exhibit
“A”; and
WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of
The City; and
NOW, THEREFORE, the City of Arlington, acting by and through its City
Council, does hereby resolve as follows:
1. The equipment/property described on the attached Exhibit “A” is declared
Surplus to the needs of the City.
2. Staff is instructed to trade in all items for the best available price, sell all
items for the best price or properly dispose of items that it is unable to
sell. Staff is further authorized to dispose of the property via an
intergovernmental transfer pursuant to RCW 39.33.010.
Passed by the City Council of the City of Arlington at a regular meeting on this
4th day of January, 2021.
_____________________________
Barbara Tolbert
Mayor
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
__________________________
Steven J. Peiffle
City Attorney
ITEM SERIAL NUMBER LICENSE
AFD-1E 2008 International Durastar 4400 Chassis 1HTMRAAM58H661604 46484D 176,000
EXHIBIT A
City of Arlington Council Agenda Bill Item: WS #6 Attachment F
project, as the pathway was not yet identified. The electrical pathway was finalized and added to the
City of Arlington Council Agenda Bill Item: WS #7 Attachment GCOUNCIL MEETING DATE: December 14, 2020 SUBJECT: Reappointment of Airport Commissioner Ruth Gonzales ATTACHMENTS: Redacted Application DEPARTMENT OF ORIGIN Airport; Dave Ryan, Director 360-403-3474 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The Airport Commission interview panel recently interviewed Ruth Gonzales for reappointment to the Commission. Two other applicants were scheduled to be interviewed but were either ineligible or withdrew from the application process. The interview panel consisting of Dave Ryan, Jan Schuette,
Ruth E. Gonzales
✔
6-25-2020
(Attach page for additional space)
Registered Architect
City of Arlington Business Owner
City of Arlington Planning Commissioner 1992-2005
City of Arlington Airport Commissioner 2012-present
Member Our Saviours Lutheran Church Congregation, Boards, and Committees over 50 years
City of Arlington property owner
Lodging Tax applicants must attach a letter of support from the organization they are representing.
City of Arlington Council Agenda Bill Item: WS #8 Attachment H COUNCIL MEETING DATE: December 14, 2020 SUBJECT: Citizen Salary Review Commission Appointments ATTACHMENTS: Redacted applications DEPARTMENT OF ORIGIN Administration/Human Resources; James Trefry, Administrative Services Director 360-403-3443 EXPENDITURES REQUESTED: -0-BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Council is asked to re-appoint Steve Maisch to the Citizen Salary Review Commission, with a term expiring April 2023. Mr. Maisch was first appointed to the Citizen Salary Commission in 2017. Council is asked to appoint Heather Logan with a term expiring April 2023, Carla Gastineau and Mandy Kruger with partial terms expiring April 2022, and Noelle Porter, with a partial term expiring April 2021. HISTORY: Arlington Municipal Code chapter 2.89 created the Citizen Salary Review Commission for the purpose of setting the salaries for elected officials. It is the policy of the City of Arlington to base salaries and per diem reimbursement of elected officials on realistic standards so that elected officials of the city may be paid according to the duties of their offices, and so that citizens of the highest quality may be attracted to public service.
Workshop; discussion only. At the January 4, 2021 Council meeting, the recommended motion will be, “I move to consent to the reappointment of Steve Maisch, and consent to the appointments of Heather Logan, Mandy Kruger, Noelle Porter, and Carla Gastineau to the Citizen Salary Review Commission.”
Steve Maisch
✔
10/16/2020
I would like to renew my position on the Citizens Salary Commission. Having served in the
prior cycle, I feel I bring the experience needed to serve the city in this position.
I understand the responsibility of needing to attract the best candidates for elected positions.
This requires research of competitive compensation from similar size cities.
Thank you for your consideration.
Heather Logan
✔
10/16/2020
I have several years Human Resource management experience, and have previously served on
the Citizens Salary Commission. I understand that this work should be data driven, not
politically driven.
Mandy Kruger
✔
10-14-2020
I'm interested in joining the Citizens Salary Commission because I believe that the discussion
of benefits and pay should come in support by the citizens- in open, public discussions that
are transparent as possible. I would be honored to serve on the commission as I value public
service and those who help to represent our community.
I currently serve the business community in Arlington as Executive Director for the Stilly Valley
Chamber, and my work history has involved business outreach, meeting with regional partners
and developing strong relationships within the hotel community, and local attractions in
support of the leisure travel business community. I've served worked closely with committees,
and city leaders while staying abreast on regional tourism developments that economically
benefited the region. I hold a great deal of excitement to help promote the benefits of
business development through outreach, sales retention and networking efforts.
In my free time I enjoy spending time with her family, exploring Washington state, as well as
volunteering locally and abroad. I was awarded volunteer leader of the year for Girl Scouts of
America, Outstanding Service Leader Award, and the President's Award for help and support of
military families.
Thanks for your consideration!
Mandy Kruger
Noelle Porter
✔
✔✔
✔✔
✔
✔
10/18/2020
✔
Hello!
My name is Noelle Porter and I have lived in the City of Arlington for just over a year now. I love
it here! I live in the Gleneagle housing development. I am a mom of 2 boys and 2 Labradors. I
am a project manager for Expeditors in Seattle. With Covid I am now working from home full
time. I am looking to expand my world a bit and do some good for this amazing city.
I have a bachelor's degree in Communication, a Master's Degree in Organization and
Management and I am finishing up my Executive MBA at Washington State University.
Education is very important to me. :)
I would be honored to serve the city as a volunteer. I am really looking forward to the chance
to get to know more about Arlington and how I might be of help.
Please feel free to contact me with any questions.
Thank you!
Noelle Porter
Carla Gastineau
✔
10/13/2020
See attached.
City of Arlington
Council Agenda Bill
Item:
WS #9
Attachment I
COUNCIL MEETING DATE:
December 14, 2020
SUBJECT:
LEOFF 1 Disability Board Initial Appointments
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Administration/Human Resources; James Trefry, Administrative Services Director – 360-403-3443
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
BUDGETED AMOUNT:
LEGAL REVIEW:
DESCRIPTION:
The Mayor is making the following initial appointments to the LEOFF 1 Disability Board:
City Council member Michele Blythe, term expiring December 31, 2022;
City Council member Don Vanney, term expiring December 31, 2021;
James Trefry, Administrative Services Director, as Secretary.
HISTORY:
Arlington Municipal Code chapter 2.50, adopted by Council on August 3, 2020 created the LEOFF 1
Disability Board pursuant to the requirements of RCW 41.26.110 with jurisdiction over the City's Law
Enforcement Officers' and Fire Fighters ' retirement system "Plan 1" members, who are defined by the
Department of Retirement Systems as employees who became members of the plan prior to October 1,
1977 (hereafter LEOFF 1 members). The disability board will consist of five (5) persons.
ALTERNATIVES:
None.
RECOMMENDED MOTION:
Workshop; information only. Follow up to Council’s action establishing the LEOFF 1 Disability Board
in August 2020. No further Council action required at this time.