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Home My WebLink About037 12STATE OF WASHINGTON COUNTY OF JEFFERSON In The Matter of Extending the ) WaveDivision I, LLC ) Temporary Franchise ) To Construct, Maintain, and Operate ) Cable Television and Telecommunication ) Transmission and Distribution Lines ) Together With Poles, Wires, and Other ) Appurtenances Upon, Over, Along, and ) Across A Franchise Area Within ) Unincorporated Jefferson County ) Resolution 37 -12 Granting An Extension To The WaveDivision I, LLC Temporary Franchise WHEREAS, on February 6, 2012 the Jefferson County Board of Commissioners (Board) adopted Resolution 10 -12 granting WaveDivision I, LLC (Wave) a Temporary Franchise to install, construct, repair, replace, maintain, relocate, extend, remove, operate, and use cable television and telecommunications transmission and distribution lines together with poles, wires and other appurtenances upon, over, along and within unincorporated Jefferson County, pending the granting of a long -term franchise to Wave; and WHEREAS, the Temporary Franchise was granted for a period of six (6) months from the date that Wave completed the transaction to purchase Broadstripe, LLC's cable television and telecommunications transmission and distribution system in Jefferson County, which transaction date was January 13, 2013; and WHEREAS, Temporary Franchise Section 2.4.3 provides that the Temporary Franchise term may be extended for an additional six (6) month term at the sole discretion of the Board and upon the written request of Wave; and WHEREAS, in a letter to the Board dated May 14, 2012 Wave requested the Board to extend the Temporary Franchise for an additional six (6) month term in order to provide sufficient time for Wave and Jefferson County to enter into a new long -term franchise; and WHEREAS, Wave and Jefferson County have been actively engaged in developing a new long- term franchise; and WHEREAS, it is in the public interest for Wave to continue to have authority to provide cable television and telecommunications services within Jefferson County pending the granting of a new long -term franchise by Jefferson County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JEFFERSON COUNTY that the Temporary Franchise granted to Wave by Resolution 10 -12 is hereby extended for an additional six (6) month term through January 13, 2013 under the express terms and conditions contained in the Wave Temporary Franchise. Wave Temporary Franchise Extension APPROVED AND ADOPTED this _L`— day of : x a , 2012. rM a ATTEST: /�a Raina Randall Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Fldstin, Chair Phil Johnson, Member David W. Sullivan, Member APPROVED AS TO FORM: David Alvarez Deputy Prosecuting Attorney Wave Temporary Franchise Extension 2 9 k 5 a DIVISION HOLDINGS CJAVE BUSINESS astound Via U.S. Mail and Email May 14, 2012 Jefferson County Attn: Board of County Commissioners P.O. Box 1220 Port Townsend, WA 98368 Re. Temporary Nonexclusive Franchise granted to. WaveDivision 1, LLC db /a Wave Broadband, ("Wave "), by Jefferson County ("County') Ordinance No. 10-12, dated February 6, 20120, with an effective date of January 13, 2012 (the "Franchise ") Dear Commissioners: The County granted the temporary Franchise to Wave, which will expire on July 13, 2012. We've been in contact with County Public Works officials regarding the terms of a long- term franchise to replace the existing temporary arrangement. We understand the County will need additional time to prepare a draft agreement. Pursuant to the requirements of §2.4.3 of the Franchise granted to Wave, the term of the temporary Franchise may be extended, at the discretion of the Board of County Commissioners, for an additional period of up to six months upon the written request of Wave. Accordingly, Wave hereby requests that the term of the temporary Franchise be extended for an additional six months, through January 13, 2013, in order to provide for sufficient time for the County and Wave to enter into a new long term franchise agreement. Please let me know if you have any questions or concerns. 1 can be reached by phone at (425) 896 -1891 or by email at jpenney @wavebroadband.com. Very truly yours, _dames A. Penney Executive Vice President Business and Legal Affairs Cc: Cyndi Wikstrom, Vice President of Operation, Wave Broadband (via email) Jim Pearson, Jefferson County Public Works Department (via email) c' x S V 6 C! O V Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Public Works Director Agenda Date: June 18, 2012 Subject: WaveDivision Cable TV Et Telecommunications Temporary Franchise Six Month Franchise Extension Statement of Issue: Attached for the Board's consideration is a Resolution extending WaveDivision I, LLC's six month Temporary Franchise for their cable TV and telecommunications facilities for an additional six months. Analysis /Strategic Goals /Pro's It Con's: On February 6, 2012 the Board adopted Resolution 10 -12 granting Wave a Temporary Franchise pending the development of a long -term franchise. The Temporary Franchise was granted for six months from the date that Wave completed the transaction to purchase Broadstripe's cable television and telecommunications system. The transaction date was January 13, 2013. Temporary Franchise Section 2.4.3 provides that the Temporary Franchise may be extended at the sole discretion of the Board for an additional six month term upon the written request of Wave. A public hearing is not required to extend the Franchise term. In a letter dated May 14, 2012 Wave requested that the Board extend the Temporary Franchise for an additional six months through January 13, 2013. Wave and Public Works have been actively engaged in developing a new long -term franchise and anticipate that a new long -term franchise will be submitted for the Board's consideration well before that date. Fiscal Impact /Cost Benefit Analysis: The Temporary Franchise requires Wave to reimburse Public Works for its staff time expenses. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: Public Works requests that the Board adopt the Resolution extending the Temporary Franchise. Department Contact: Jim Pearson, 385 -9160 Reviewed,$y: Philip Morley, rley, County Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: WaveDivision I, LLC (Contractor /Consultant) CONTRACT FOR: Cable TV Franchise Extension TERM: COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: Gail AMOUNT: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds orks Jim RETURN BY: June 15, 2012 la -/07 6 month extension PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid H RFP or RFQ x Other Step 1: REVIEW BY RISK MANAGEMENT Review by:' ' c t Date Reviewed: APPROVED FORM Returned for revision (See Comments) Comments Step 2: REVIEW BY Review by: Date Reviewed: APPROVED AS TO FORM Commentsf'C 1) C EX "PI izti 7 1 �J I S L-a I A- eturned for revision (See Comments) David Alvarez Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOWCONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 7 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all plats the BOCC needs to sign. MUS'l be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the comract review process.) G TW_PLANTranchise Mmiagement\Franehises \Contract Review Form Rev 02102012.doex rev. 2.10.12