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02/15/2012
V S M Qo4rr o© BREMERTON TRANSPORTATION BENEFIT DISTRICT (TBD) BOARD ° 9 345 a Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 FEBRUARY 15, 2012 SPECIAL MEETING OF THE BREMERTON TRANSPORTATION BENEFIT DISTRICT BOARD IN THE FIRST FLOOR CHAMBERS Immediately following the 5:30 PM City Council Meeting A CALL TO ORDER B ELECTION OF OFFICERS C PW STAFF PRESENTATION — Update on current street conditions (Information only ) D PUBLIC HEARING 1 TBD Resolution No 006 approving and adopting the 2012 Fiscal Budget for the Bremerton Transportation Benefit District Board E BUSINESS ITEMS 2 Minutes of TBD Board Special Meeting - December 7, 2011 3 Minutes of TBD Board Special Meeting (Work Session) - February 8, 2012 4 Conflict Waiver for the Bremerton Transportation Benefit District to utilize the City Attorney's Office for legal representation 5 Inter -Local Agreement between the City of Bremerton and the Bremerton Transportation Benefit District (TBD) to provide street preservation and maintenance services to the City on behalf of the TBD 6 Inter -Local Agreement between the Bremerton Transportation Benefit District and Washington State Department of Licensing (DOL) for collection of $20 00 Annual Vehicle Fee F ADJOURNMENT OF BREMERTON TBD BOARD MEETING ® Americans with Disabihhes Act (ADA) accommodations provided upon request Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT I NAME OF NOMINEE: A cJa� ❑ NAME OF NOMINEE ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: q ,� A "p MCDONALD COUNCIL DISTRICT NO. 1 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT NAME OF NOMINEE: ADa&4 SRoc KUS ❑ NAME OF NOMINEE: �%4 RuN , 40N) ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ( &rw �.j0 LESLIE DAUGS COUNCIL DISTRICT NO.2 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT NAME OF NOMINEE: A LS A O C, /C- s ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ADAM BROCKUS COUNCIL DISTRICT NO.3 R \City CounciRFORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT ❑ NAME OF NOMINEE: Acl a t�lv cku-r NAME OF NOMINEE: �� �u �►� ��? ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: RO RUNY o6OUNCIL DISTRICT NO.4 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT a - ' NAME OF NOMINEE: A D A O 690CV0 ❑ NAME OF NOMINEE: V, 0 R o f\) `► © N ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: GREG LER COUNCIL DISTRICT NO.5 R \City CounciRFORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT ❑ NAME OF NOMINEE: rn b J� NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: F�w �o fLmzi!�� FAVE FLEMISTER COUNCIL DISTRICT NO. 6 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT NAME OF NOMINEE: 4 ❑ NAME OF NOMINEE: A ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: 2 z 2 �, & 1k , 4-, z � CAROL ARENDS COUNCIL DISTRICT NO.7 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT ❑ NAME OF NOMINEE: /4 4 '^'- NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: f ERIC OU GER COUNCIL DISTRICT NO.8 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD PRESIDENT NAME OF NOMINEE: �J ❑ NAME OF NOMINEE: l� ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: NICK WOF O CO kIL DI N0.9 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT ❑ NAME OF NOMINEE: NAME OF NOMINEE: yam- -✓ ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: 6;t 9 4 L � Z M MCDONALD COUNCIL DISTRICT NO. 1 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT NAME OF NOMINEE: L e'5c --t a Z)PuGs ❑ NAME OF NOMINEE: R,py ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: LESLIE DAU S COUNCIL DISTRICT NO.2 R \City CounciEFORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT f NAME OF NOMINEE: L- e s f % r- ❑ NAME OF NOMINEE: (2 o ���► o ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ADAM BROCKUS COUNCIL DISTRICT NO.3 R \City CounciRFORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT ❑ NAME OF NOMINEE: `� ` pa= NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ROY 01N N COUNCIL DISTRICT NO.4 R \City Councll\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT NAME OF NOMINEE: L. e s % cr Z o_ a 5 ❑ NAME OF NOMINEE: i� vo �- ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: GREG W ELER COUNCIL DISTRICT NO.5 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT �1 NAME OF NOMINEE: - i � Dau ❑ NAME OF NOMINEE: 12v�u lfil ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: FAfE FLEMISTER COUNCIL DISTRICT NO.6 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT NAME OF NOMINEE. I A, ' �� ❑ NAME OF NOMINEE: f" ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: CAROL ARENDS COUNCIL DISTRICT NO.7 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT NAME OF NOMINEE: �° gQAyoVl_ ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ERIC YQKJNGtk COUNCIL DISTRICT NO.8 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc FEBRUARY 15, 2012 BALLOT FOR TBD VICE - PRESIDENT P� NAME OF NOMINEE: ❑ NAME OF NOMINEE: U° ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: Z_, ) NICK W ORD ff COUNCIL DISTRICT NO.9 AGENDA BILL BREMERTON TRANSPORTATION BENEFIT DISCTRICT SUBJECT: Resolution No O approving Study Session Date N/A and adopting the TBD 2012 fiscal budget DISTRICT MEETING Date February 15, 2012 Department Finance Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The attached resolution represents the proposed 2012 Fiscal Budget for the Bremerton Transportation Benefit District This budget reflects the anticipated revenues expected during 2012 Because revenue remittances are not expected to begin until September 2012 and will only represent a partial year, there are no anticipated expenditures for 2012 ATTACHMENTS: Resolution No of the Bremerton TBD approving and adopting the budget for the Bremerton Transportation Benefit District for the fiscal year 2012 FISCAL IMPACTS (Include Budgeted Amount) Total 2012 budget is $150,093 APPROVALS: - DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR DISTRICT PRESIDENT RECOMMENDED MOTION: Move to approve Resolution N 0 of the Bremerton Transportation Benefit District Board approving and adopting the budget for the Bremerton Transportation Benefit District for fiscal year 2012 BOARD ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. b 0 A RESOLUTION of the Board of the Bremerton Transportation Benefit District, approving and adopting the budget for the Bremerton Transportation Benefit District for the fiscal year 2012 WHEREAS, in order to perform the duties and functions of the Bremerton Transportation Benefit District pursuant to Chapter 36 73 RCW and 1125 BMC, the Bremerton Transportation Benefit District is required to adopt an annual budget, and WHEREAS, Chapter 35 33 RCW provides procedures for the filing of estimates, a preliminary budget, deliberations, public hearings, and final fixing of the budget, and WHEREAS, a preliminary budget for the fiscal year 2012 has been prepared and filed in the Office of the City Clerk for the Bremerton Transportation District, a public hearing has been held for the purposes of fixing the final District Budget, and the District Board has deliberated and has made adjustments and changes deemed necessary and proper, NOW THEREFORE, THE BOARD OF THE BREMERTON TRANSPORTATION BENEFIT DISTRICT DOES HEREBY RESOLVE AS FOLLOWS SECTION]. That the 2012 Annual Budget for the Bremerton Transportation District, on file in the office of the City Clerk, covering the period from January 1, 2012 through December 31, 2012, with regular revenues and unencumbered fund balances of $150,093 and expenditures and ending fund balances of $150,093 is hereby approved and adopted. SECTION2. Severability If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. _Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the Board of the Bremerton Transportation Benefit District this day of , 2012 By Its President AT T• Becky Has Treas erBoard Clerk R \Legal\Legal\Fdes \Current Active Fileffransportation Benefit Dismct\2012 TBD Budget Resolution doc 1 TBD - 2012 Budget Resolution Transportation Benefit District I 2012 Proposed Budget 2012 Proposed Budget Bremerton Transportation Benefit District 2012 Budget For the year beginning January 1, 2012 and ending December 31, 2012 District President Nick Wofford District Board Members Jim McDonald Cecil McConnell (term ended 12/31/11) Adam Brockus Roy Runyon Greg Wheeler Dianne Robinson (temp ended 12/31/11) Carol Arends Will Maupin (term ended 12/31/11) Leslie Daugs (term began 01/01/12) Faye Flemister (term began 01101/12) Eric Younger (term began 01/01/12) Table of Contents Overview.................................. ............................... 1 Frequently Asked Questions ......... ............................... 2 BudgetNumbers ......................... ............................... 3 Overview In 1987, the state legislature created TBDs Bremerton's TBD board voted to approve a (transportation benefit districts) as an option $20 vehicle tab fee on December 7, 2011 for local governments to fund transportation Based on the processes involved with the improvements. Dunng the ensuing years, the initial set up for assessing this fee, the fee legislature has adopted various updates to this does not go into effect for sac months after statute to help clarify the role of a TBD and to adoption The $20 fee is assessed when a clarify the allowable uses of any revenues citizen that lives within the district renews his assessed by the TBD or her car tabs. Therefore, the fees will begin to be assessed with July 2012 renewals A TBD is a quasi - municipal corporation and Also, because the state's Department of independent taxing district created for the sole Licensing collects the fee for the TBD at time purpose of acquiring, constructing, improving, of renewal, there is an additional lag of two providing, and funding transportation improve- months between when the fee is paid and ments within the district. Bremerton's City when the fee is remitted to the transportation Council created our TBD by ordinance number district. Thus, Bremerton's TBD will not see 5076 on February 9, 2009 This ordinance its first receipts until September 2012 created a charter for the TBD and defined the boundaries of the TBD to coincide with the Based on the six month waiting period for the City's boundaries fee to become effective and the additional two month lag before the distinct receives the The current members of our City Council are revenue, the 2012 budget anticipates receipts the governing body of the TBD. Although the of $150,093 from September through makeup of the TBD board and City Council December Total annual receipts in sub - are the same, the TBD and its board are sequent budget years is expected to be independent of the City As such, the TBD approximately $460,000 Of course, this must adopt a budget that is also independent amount may change based on vehicle counts of the City's budget and population movement. Because first year receipts are less due to start up time lags, A TBD can impose various types of taxes and there is no anticipated expenditures for 2012 fees in order to receive revenues to fund the The distract will continue to collect these identified projects to be performed by the TBD revenues until they are at a sufficient level to These fees may include a voter approved fund transportation improvements, which are excess property tax, a voter approved sales scheduled to begin in 2013. While the district tax increase of up to 0 2%, a voter approved will not be spending any money during 2012, car tab fee of up to $100, and/or vehicle tolls it will not be idle The district will be working Additional options for revenue include a with City staff to develop a transportation councilmatic vehicle tab fee of up to $20 (no improvement plan to identity those projects vote required) and/or a transportation impact eligible for funding from this source This plan fee on commercial and industrial buildings (no should be adopted during 2012 for vote required) implementation in 2013 ftbons of are above bft.0 YM abReirred rrom ire nwooadon or waeidn�on cares 1 Frequently Asked Questions 1 have a Bremerton address but I don't Can the City of Bremerton use this money live within Bremerton City limits. Am I to help with revenue shortfalls in its subject to this fee? General Fund or other funds? And how can I be sure this won't happen? No The fee only applies to those residents who live within City limits No. State statute limits how this money may be used. The money collected from this fee may only be used for acquiring, constructing, Can I pay my fee at City Hall? improving, providing, and funding transportation improvements within the District This No The fee is assessed when you renew includes preservation and maintenance of our your car tabs/registration with the Dept of transportation system Also, state statute Licensing The DOL will collect the fee and requires that the district specifically report distnbute it to the transportation district for how the money is spent each year to insure you that this money is not used for purposes other than transportation The District has enacted $20 now. But can they raise this fee In future years? Are TBD revenues required to be spent as they are collected? No According to state statutes, once the fee is adopted, it cannot be increased dunng No The board that creates a TBD must the life of the transportation benefit district develop a plan that specifies the transportation without a vote of the people improvements to be provided or funded by the TBD The board can indicate d the funds will be used immediately or collected for a If in the future the county adopts a specific period pnor to spending the similar fee, will 1 have to pay both? accumulated funds No Although the county also has the authority to create a TBD and enact up to a Can TBD money be used for bond $20 car tab fee without a vote of the people, payments and/or grant matches? they would have to give you credit for any other TBD you are already paying Yes, but only d the bond proceeds and/or However, if the county, through a vote, enacts grant is for an eligible transportation a fee greater than $20, you may be subject improvement to the incremental difference POrdMO1ftabmhftnmW was obtebied aom n,e asaodak m a wmhb an cares 2 Bremerton Transportation Benefit District Special Revenue Fund Summary The 2012 Budget represents the acknowledgement of the first year's (partial) collection of the $20 car tab fee as adopted by the transportation board in December 2011 Actual receipts will not begin until September 2012 Because the first year of collections represents only a partial year, expenditures for this special revenue fund will not begin until 2013 Bremerton Transportation Benefit District Budget Proposed 2011 2012 Revenues Fees $0 $150,093 Transfer In 0 0 Debt Proceeds 0 0 Total Revenue 0 150,093 Expenditures Supplies and Services 0 0 Debt Service 0 0 Transfers 0 0 Total Expenditures 0 0 Revenue over(under) expenditures 0 150,093 Beginning Fund Balance 0 0 Ending Fund (Balance $0 $150,093 3 Page 1 of 1 From Lori Smith on behalf of City Council Sent Friday, February 10, 2012 2 32 PM To 'llago @seattleweekly com' Subject RE Citizen Letter - Against $20 Vehicle Fee (Linda Lago) From: Linda Lago [mai Ito. llago @seattleweekly com] Sent: Friday, February 10, 2012 1:13 PM To: City Council Subject: Tab increase Hello to all, I am writing to give my input on the $20 added to license tabs Totally against it, why My main refection is we already pay to much I drive a 15 year old vehicle that's going to cost me more, again Living in Bremerton and working in Seattle I have seen road conditions in both municipalities and Bremerton (Kitsap County) has better roads and should have enough revenue to keep them maintained as is The other refection I have is that the City of Bremerton seems to NOT want new businesses, what's up with that For example'Trader Joes' wanted to build in Bremerton but had to dump through hoops They went to Silverdale as do all new businesses Seems to me Trader Joes would have brought more people to Bremerton would have paid some for road improvements Am I wrong So, why all the red tape you require for new busmesses Thank you, Linda Lago PS - I like living in Bremerton and no, I am not doing a story unless you want to be heard 2/10/2012 Page 1 of 1 From Lori Smith on behalf of City Council Sent Friday, February 10, 2012 12 37 PM To 'standbyandgo @aol com' Subject RE Citizen Letter - Supports $20 Vehicle Fee (Ken Mednick) From standbyandgo @aol com [mailto stand byandgo @aol com] Sent Friday, February 10, 2012 12 11 PM To City Council Subject To Roy Runyon Dear Roy, I'm writing in support of instituting car tabs The funding for road repair has to come from somewhere After looking in every direction for a funding source the city is back to looking at car tabs Perhaps that's because it would be the most (or only) funding source Roads don't dust repair themselves If the funding can't be found from other sources I would support acting responsibly and institute the use of car tabs Nobody seems to want to talk about taxes in any way other than getting rid of them We' re spoiled here in Washington state Although this is a city matter, it can be useful to recognize that we're one of the few states without a state income tax Kind Regards, Ken Mednick 1745 4th St Bremerton, Wa 98337 2/10/2012 Page 1 of 1 From. Lori Smith on behalf of Carol Arends Sent Friday, February 10, 2012 10 10 AM To 'Scott Miller' Subject RE Citizen Letter - $20 Vehicle Fee (Scott Miller) From: Scott Miller [mailto scottcmiller @hotmail com] Sent: Friday, February 10, 2012 6 25 AM To: Carol Arends Subject: I voted for you, please read Carol, I am happy to say that I voted for you Although I have not had the time to go to meetings on a regular bases, I enjoy watching you work on television This email is about the $20 car tab issue A little about myself I bought a house around 7th and Olympic in 2007 because I had received a position working at PSNS I wanted a home close enough to be able to walk to work and shopping In the five years I have owned my home my house has lost $20k in value, but my property tax has gone from $1600 to $2000 The mileage on my car has been less then 1000 miles a year I mostly drive to Silverdale to go to Costco or to visit family Back to the car tabs I am a single person I own a small car, a motorcycle, and a little scooter The car I use year round The motorcycle and the scooter I use maybe 3 months a year If the $20 tab fee is passed I will pay $60 a year more I would be OK with this fee if it was limited to one fee per address The people that work in Bremerton do not always use the roads to get to their fobs This applies mostly to your district Please feel free to email me if you have any questions or thoughts on this matter I will not be able to make it to the meeting on the 15th Scott scottcmiller @hotmail com 2306 7th street 2/10/2012 Page 1 of 1 From City Council Sent Tuesday, February 07, 2012 4 53 PM To City Council Cc Katy Allen Subject FW Citizen Concern - $20 License Tab Tax (Gary Butterfield) From: Gary Butterfield [mailto.garybutterfield007 @gmad corn] Sent: Monday, February 06, 2012 4 32 PM To: City Council Subject: $20 license tab tax Does the proposed $20 license fee increase apply to such things as a utility trailer, camper trailer, boat trailer, camper, snowmobile or motorcycle trailer? If so, this adds an additional burden on us folks with limited income I think this increase in cost at a time if economic depression, is outrageous For folks like me on social security who can't afford a newer car it is particularly punishing I can only afford to drive an older car, sometimes referred to as a Junker Since Junker cars often break down it is necessary to have a backup one or two This amounts to doubling or tripling the additional cost you are imposing If a license cost is normally $60 then this increase amounts to a 33 percent increase The Fed government says that inflation is only about 2 or 3 percent We all know that is a lie, since energy and food is not figured in If it is figured in, the inflation is at least 12 percent a year I haven't gotten a raise for 3 yrs Heating cost is so high I have to burn wood and have a small trailer to gather it in, I assume this trailer will also have the $20 increase I'm incredulous our state court just through out like so much toilet paper, the license limitation law that passed by over 60 percent by the citizens of the state I think the city wastes money Thank you for your time, Gary Butterfield .gaabutterfield007agmail corn. 2/7/2012 Page 1 of 1 From greg wheeler [electgregwheeler @gmad corn] Sent Sunday, February 05, 2012 12 29 PM To Bruce Hall Cc City Council, Patty Lent Subject Re No use Bruce, I am still waiting to hear back from the Director of Public Works from our previous email correspondence The City Council Transportation Benefit District Board will be meeting in a Study Session this Wednesday to discuss the work plan I know you are looking for a very specific answer I will get back to you after the meeting with more information Sincerely, Greg On Sat, Feb 4, 2012 at 5 22 PM, Bruce Hall < alz; 313Qyahoo com wrote Greg, I do not want to know what the other members have to say and do not care as to what roads or materials or anything else goes Not sure why this subject is so hard to say one way or the other When the car tab issue came out and the council voted on it what the council told the people of Bremerton is that the car tab money will be used for roads and sidewalks and OK the material it takes to fix them Which I do not care about any of that dust that what you told the people of Bremerton is it true and will all the money from the car tabs be used for the roads materials and sidewalks? Why is this so hard to answer unless you are telling me that the council is going to use the money for what they want to, and that is all I am getting out of this I am not a politician do not want to be one and all I want is a straight forward answer to a easy question that you and the council seem to be tap dancing all around the question So again the council might have to figure out what roads and such are fixed which is OKjust is the money collected from the tabs going to be used for this ? ? ? ? ? ? ? ? ?? Which part of this question is the hard part to answer? You have tapped danced all around what I have asked and gave it to the council members so answer and they are also in the same tap dancing line you are in When you sent my mail to the council and who ever else all I did see was a bunch of questions I did not ask nor care about only the one meaning the car tab money and it's use on the roads and nothing else See a very simple question Thanks I {tact 2/6/2012 Page 1 of 2 From greg wheeler [electgregwheeler @gmad corn] Sent Thursday, February 02, 2012 6 44 PM To Bruce Hall Cc City Council Subject Re I give up 111111 Bruce, I will forward your email to the City for follow up I cannot make guarantees on how each Council Member will vote on any given topic as our TBD board will meet for the first time as a body next Wednesday evening, Feb 8 I can ask for a list of permitted projects that TBD's are authorized to fund Materials for roads and sidewalks is an obvious one Are the below questions and requested information what you are looking for Lori, Please forward Mr Hall's email to the Directors of Public Works and Finance, City Attorney, City Council and Mayor I would like to follow up on Mr Hall's questions with my some of my own 1) All funds must be used for transportation What exactly does that entail I would like all of the permitted uses We know materials for roads and sidewalks are a given 2) Is the TBD board authorized to use collected funds to pay employee wages 3) Is the TBD board authorized to use collected funds to pay for rain gardens 4) Is the TBD board authorized to use collected funds to pay for bike lanes 5) Is the TBD board authorized to use collected funds to pay for enhanced cross walks (brick paved) How about new traffic signalling? 6) Is the TBD board authorized to use collected funds to pay for snow removal How about any equipment related to transportation improvements? Trucks, vehicles, etc etc You get the idea I am looking for a range of allowed expenditures I look forward to your response Thank you, Greg Wheeler Bremerton City Council District 5 2/6/2012 Page 2 of 2 On Wed, Feb 1, 2012 at 1 19 PM, Bruce Hall < lega1313Oyahoo com wrote Greg, I thought that my question was kind of a easy one to answer and all it would of taken was a yes or no But so far all I have gotten from the rest of the council was the same thing you sent me I do not care what or how they figure out what roads to fix or sidewalks All I have asked was does the money from the car tabs which the council approved and I do know you voted against it, that has nothing to do with the question As I said all I wanted to know is does the money that the council voted in for us that did not want it anyway, does it go for the roads Not for wages or anything else as the council told everyone that they were voted in for roads So does the money go to roads and roads only like they are suppose to be going to? Not going to like the 911 park thing or anything else but the roads as that is what you told the people as to the why you votes them in So dust a simple yes or no does the money go to roads and sidewalks I do not need to know what the council has to do or the other departments has to do as that has nothing at all to do with what the money is for in the first place, it is for roads fixing the roads Like I said simple, a yes or no 2/6/2012 Page 1 of 1 From Christine Grenier on behalf of City Council Sent Thursday, January 19, 2012 10 30 AM To City Council Subject Citizen Letter - Car Tab Fee (Bruce Hall) Attn Council Members (FYI) be Katy Allen Becky Hasart From: greg wheeler [mailto electgregwheeler @gmad com] Sent: Tuesday, January 17, 2012 9.17 PM To: Bruce Hall Cc: City Council Subject: Re Question Bruce, I did not support this car tab fee I will do my best to ensure that the money is used for it's intended purpose I will try to keep you updated on how the Transportation Benefits District (TBD) Board (All City Council Members) prioritizes its projects Lori, Please forward this Email to the rest of the City Council for their review Thank you, Greg Wheeler Bi emerton City Council District 5 On Tue, Jan 17, 2012 at 3 25 PM, Bruce Hall < ag 13132yahoo com wrote Greg, I have been asking this and it seems no one wants to answer me, so I will try again When the council passed the very popular vehicle tabs, is the money ear marked for roads like it is suppose to be for Or is it like everything else a ply by the elected officials to make us pay more, seems to be the more important thing that the city can do anyway Kind like when you all hid the raise of the utilities with it making sure no one knew what was going on with that, gee did not know that working for the city government you had to deceive the public like that Nice work, keep it up and no one will be able to afford anything now as if we can in the first place One can not be positive when the city is so negative , LIC � 1/19/2012 Page 1 of 1 From Lori Smith on behalf of City Council Sent Tuesday, January 24, 2012 5 41 PM To 'GARY REED' Subject RE Citizen Letter - Parking and $30 Tabs (Gary Reed) From: GARY REED [mailto gar_ree @msn corn] Sent: Tuesday, January 24, 2012 4 19 PM To: City Council Subject: Parking It was interesting to read the Sunday edition of the Sun where the mayor has decided to reduce parking space size to conform to "modern" cars I'm wondering what size vehicle will fit the mayors and councils idea of an acceptable vehicle to be in Bremerton? Pacific has already been narrowed, with a small portion of Park between Burwell and Fourth to follow as well as Fourth, and according to articles previously published in the sun, the plan is to continue the reduction all along Pacific I suppose the new pervious pavement will be installed also, so that all the paving can deteriorate at the same time? Or has anyone noticed the chunks that have become detached But they can't be seen from the mayors offices, so I guess it really doesn't matter I have a difficult time believing the "plan" is to entice people to visit Bremerton, when the obvious agenda is to make vehicular traffic difficult And it also appears, true to form, that along with the $800 +K federal grant, the car -tab tax will be going not to repair the roads as proclaimed by the council, but to install bike lanes That was also in the Sun And you wonder why the town government is not trusted by the citizens They knew the earlier proposed $30 tax would not go to road repair, so you went for the easy one Same as the tax for veterans and homeless - we didn't trust you to use it for the published purpose I'm wondering how much of our tax money is going toward the theater. Speaking of that pile of bricks, it doesn't seem to have much style I'm wondering who the target audience is Why would anyone attempt to thread their way through the narrow streets of Bremerton, pay who knows how much to park, and then spend the $30+ for a movie, when there are theaters in Silverdale, Poulsbo, and Port Orchard with acres of free parking This is not dust me talking I have spoken to many folks, and they seem to have the same thoughts And my previous letter about the car tab tax was branded by someone as anti -tax, which it wasn't I was merely stating that you need to establish some credibility I would gladly pay the $30, IF I knew I could trust you to repair the roads in Bremerton, and not dust downtown Gary Reed 1/24/2012 AGENDA BILL CITY OF BREMERTON TRANSPORTATION BENEFIT DISTRICT 02ma ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: DezzwJaew - 7, 2A TBD MEETING Date J` p Li q l M Q,�- �-� ^1� Department o I Presenter ; o Phone (3(oa) �j'3 - 5 28 0 SUMMARY: ATTACHMENTS: 71 DL4', FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: RECOMMENDED MOTION: Approve the TBD Minutes as presented STUDY SESSION ACTION: [Consent Agenda TBD Board PRESIDENT TBD ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 02110/12 BREMERTON TRANSPORTATION BENEFIT DISTRICT SPECIAL MEETING MINUTES Wednesday, December 7, 2011 A Special Meeting of the Bremerton Transportation Benefit District (TBD) was called to order in the First Floor Meeting Chambers of the NOW DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, December 7, 2011, at 10 02 PM, with Chair of the TBD Board Nick Wofford presiding Board Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Also present were City Attorney Roger Lubovich, Interim City Clerk Shannon Conn, and Council Assistant Christine Grenier BUSINESS ITEMS A Approve Minutes of TBD Special Meeting held on July 6, 2011 B Approve Minutes of TBD Special Meeting held on September 14, 2011 10:02:30 M /S /C /U (McDonald /Runyon) Move to approve the TBD Special Meeting Minutes of July 6 and September 14, 2011 PUBLIC HEARING (1) — APPROVE BREMERTON TBD RESOLUTION NO. 005, AUTHORIZING A $15.00 ANNUAL VEHICLE FEE FOR THE PURPOSE OF FUNDING TRANSPORTATION IMPROVEMENTS TBD Chair Wofford summarized that the board may approve a fee up to $20, but fees higher than $20 requires a vote of the people Also, if the fee is adopted then the only way to change or increase the fee at a later time would require a vote of the people Lastly, if the fee is adopted then at the time of implementation there would be approximately three years remaining in the life of the district unless changed by City Council and the TBD TBD Chair Wofford opened the public hearing Bob Dollar asked how many years this fee would be collected TBD Chair Wofford answered that the TBD has three years remaining to collect a fee unless extended by Council 10:07:00 Main Motion to approve the resolution authorizing a $15 fee was made by Runyon, and seconded by McDonald Comments were then provided by Runyon 10:09:30 Amending motion to authorize a $20 fee was made by Maupin, and seconded by Brockus Comments were then provided by Maupin, Brockus, and McConnell 10:12:55 Motion to continue until 2012 was made by McConnell and seconded by Robinson Comments were then provided by Runyon, McConnell, and Brockus 10:17:10 M /S /F (McConnell /Robinson) Move to continue discussion to the next TBD meeting to be held on the first Tuesday in February of 2012 Voted in favor of Motion to Continue McConnell, Robinson Voted against Motion to Continue Brockus, Runyon, Wheeler, Arends, Maupin, McDonald, Wofford Motion failed 2 -Yes, 7 -No 10:17:45 AMENDING — M /S /C (Maupin /Brockus) Move to authorize a $20 fee Voted in favor of Amending Motion Brockus, Arends, Maupin, McDonald, Wofford Voted against Amending Motion Runyon, Wheeler, Robinson, McConnell Amending Motion carried, 5 -Yes 4 -No Bremerton Transportation Benefit District Special Meeting Minutes Wednesday, December 7, 2011 Page 2 of 2 10:18:15 MAIN — M /S /C (Runyon /McDonald) Move to amend Resolution No 005 and authorize a $20 00 Annual Vehicle Fee Voted in favor of Motion Arends, Maupin, McDonald, Brockus, Wofford Voted opposed to Motion Runyon, Wheeler, Robinson, McConnell Main Motion carried 5 —Yes, 4 —No TBD Chair Wofford announced that at the next TBD Meeting there will be an Election for 2012 Officers and encouraged all Council Members to consider running With no further business, TBD Chair Nick Wofford adjourned the meeting at 10 19 PM Prepared and Submitted by CHRISTINE G ENIER Council Assistant Attest SHANNON CORIN, Interim City Clerk NICK WOFFORD, TBD Board President NW SH is cg AGENDA BILL CITY OF BREMERTON TRANSPORTATION BENEFIT DISTRICT SUBJECT: FtJOrvaYL( $) 2 -O TBD MEETING Date 5 � 1., � o J� P Alm Department r8 gobw�d' WD de- S �2.S $ � a h � M � Vlt�'�S P resenter Phone (3&o-)4 5 2 SUMMARY: ATTACHMENTS: 8 �,O M to vC� `e S 0 -1� �_b rv�ary FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: RECOMMENDED MOTION: Approve the TBD Minutes as presented STUDY SESSION ACTION: [Consent Agenda TBD Board PRESIDENT TBD ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 02/10/12 BREMERTON TRANSPORTATION BENEFIT DISTRICT SPECIAL MEETING (WORK SESSION) MINUTES Wednesday, February 8, 2012 A Special Meeting for a Work Session of the Bremerton Transportation Benefit District (TBD) was called to order in the Council Conference Room on the 6th Floor of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 8, 2012, immediately following the Study Session at approx 6 50 PM, with the Chair of the TBD Board Nick Wofford presiding Board Members present were Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, Leslie Daugs, and Jim McDonald Also present were City Attorney Roger Lubovich, and Legislative Assistant Lori Smith The following items have been reviewed by the appropriate staff and the TBD Board, no action will be taken during the Special Meeting, and the content of these items is subject to change If approved by the TBD, the item will be placed on the February 15, 2012 TBD Special Meeting Agenda 1 Proposed resolution approving and adopting the 2012 Fiscal Budget for the Bremerton Transportation Benefit District Board Public Hearing 2 Proposed Inter -Local Agreement between the Bremerton Transportation Benefit District and Washington State Department of Licensing (DOL) for collection of $20 00 Annual Vehicle Fee General Business 3 Proposed Inter -Local Agreement between the Bremerton Transportation Benefit District and the City of Bremerton for services provided General Business 4 Approve proposed Conflict Waiver for the Bremerton Transportation Benefit District to utilize the City Attorney's Office for legal representation General Business 5 Other General Business of the Bremerton TBD Board (As necessary ) TBD Chair Wofford announced that in addition to the items discussed tonight, elections of a new chair would be on the agenda at the February 15 Special Meeting With no further business, Chair of the TBD Board Nick Wofford adjourned the meeting at 8 00 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, Interim City Clerk NICK WOFFORD, TBD Board President DATE SUBMITTED February 7, 2012 AGENDA BILL CITY OF BREMERTON TRANSPORTATION BENEFIT DISTRICT 64 ■■ aaaaaaaasaaaaaaaeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa0aaaaaaaaaaaa0aaaaaaaaaaaaaaaaaaaaaaa1 SUBJECT: Conflict Waiver for TBD to Study Session Date February 8, 2012 utilize the City Attorney's Office for legal TBD BOARD MEETING February 15, 2012 representation Date Department Presenter Phone SUMMARY: The TBD Board wishes to utilize the City Attorney's Office for legal representation Under the Rules of Professional Conduct in order for the City Attorney's Office to represent the TBD and the City, both must sign a written waiver of a potential conflict of interest ATTACHMENTS: Conflict Waiver FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: BOARD PRESIDENT RECOMMENDED MOTION: Move to approve the Conflict Waiver and authorize the TBD Pi esident to finalize and execute the Conflict Waiver with substantially the same terms and conditions as presented TBD BOARD ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Office of the City Attorney Roger A. Lubovich, City Attomey Tel 360 -473 -2345 Fax 360 -473 -5161 345 6th Street, Sude 600 Bremerton WA 98337 -1873 February 7, 2012 Nick Wofford President Bremerton Transportation Benefit District Dear President Wofford As you know, the Bremerton Transportation Benefit District ( "the TBD ") is a quasi - municipal corporation created by the City of Bremerton ( "the City ") to provide a funding source to maintain and preserve city streets I believe the most efficient and practical way to represent the TBD is to have the Bremerton City Attorney represent the TBD and the City, jointly While the benefits of a joint representation of the TBD and the City may be obvious to you (cost efficiency, easy access to legal advice, etc ), there are also certain potential disadvantages that generally exist any time the same lawyer jointly represents two or more parties Though they are remote and theoretical at this tune, it is important that you understand these disadvantages that may arse in representing two entities in a transaction. It is my ethical obligation to advise you of these possibilities The first disadvantage involves the sharing of information between the clients All communications between the City Attorney's Office and its clients are confidential under the attorney - client privilege, and these communications cannot be disclosed to any third parties without the client's consent. In anoint representation this remains true, but the privilege is shared among the jointly represented parties This means that any confidential information can be kept from the world at large, but must be shared among the joint clients Thus, any information the City shares with me will be deemed received by the TBD In turn, any information the TBD shares with me will be deemed received by the City. The second drawback to point representation is that a conflict of interest may one day surface between the clients For obvious reasons, I do not see that as a significant risk with the TBD, and to be clear, there is no current conflict of interest I am comfortable that I can represent all the parties in this case without any conflicts of interest Nevertheless, because there is always the possibility that a conflict of interest could anse at some time between the TBD and the City, I can only represent the TBD if the TBD agrees (1) • Page 2 February 7, 2012 such representation will not interfere with my right to continue representing the City and (2) that I may discontinue representing the TBD if, in my judgment, continuing to do so would potentially jeopardize my right to represent the City If, at any time in the future, I conclude that there is a conflict of interest that precludes continued point representation, I will promptly advise the TBD of that belief and withdraw from representing the TBD and the City in any matter related to the TBD Similarly, if at any time you believe the TBD's interests would be better served by separate representation, you will promptly advise me and the TBD will have the opportunity to select its own attorney while I continue to represent the City If, after reviewing this letter, you wish me to represent the TBD and the City jointly, please sign and date the enclosed copy of this letter and return it to me. If you have any questions at all regarding my responsibilities in representing both the TBD and the City, please feel free to contact me directly Sincerely, Roger A Lubovich City Attorney BREMERTON TRANSPORTATION BENEFIT DISTRICT Nick Wofford Date President AGENDA BILL BREMERTON TRANSPORTATION BENEFIT DISCTRICT E5 e eeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeseeeeeeeeeeeeeeee eeeeeee■ SUBJECT: Interlocal Agreement with City Study Session Date N/A of Bremerton for services provided to the DISTRICT MEETING Date February 15, 2012 TBD Department Finance Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The Bremerton Transportation Benefit District approved a $20 vehicle tab fee on December 7, 2011 The attached Interlocal Agreement represents the agreement needed with the City of Bremerton to perform related street maintenance and preservation activities on behalf of the district ATTACHMENTS: Interlocal Agreement Between the City of Bremerton and the Bremerton Transportation Benefit District FISCAL IMPACTS (Include Budgeted Amount) There are no anticipated fiscal impacts for 2012 Fiscal impacts for subsequent years will be dependent upon the TBD's approval of projects plans and the anticipated yearly vehicle fee receipts APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR DISTRICT PRESIDENT RECOMMENDED MOTION: Move to approve the Interlocal greement b it een the City of Bremerton and the Bremerton Transportation Benefit District and authorize the District President to finalize and execute the agreement with substantially the same terms and conditions as presented BOARD ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON, WASHINGTON AND THE BREMERTON TRANSPORTATION BENEFIT DISTRICT This agreement between the City of Bremerton, Washington ( "City "), and the Bremerton Transportation Benefit District ( "TBD "), each of whom is organized as a Municipal Corporation under the laws of the state of Washington, is entered into on the date fully executed below WHEREAS, Chapter 39 34 RCW ( Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual advantage, WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct, public street infrastructure within its city limits in accordance with the powers granted pursuant to RCW 35 22 280; WHEREAS, pursuant to Ordinance No 5076, codified in Chapter 1125 Bremerton Municipal Code ( "Chapter 1125 BMC ") the TBD was created to provide adequate funding for transportation improvements that preserve, maintain, improve and, as appropriate, construct or reconstruct the existing transportation infrastructure of the City consistent with and Chapter 36 73 RCW, WHEREAS, the City and the TBD desire to better coordinate their efforts in order to pursue their individual, point and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City, NOW THEREFORE, The parties have entered into this agreement in consideration of the mutual benefits to be derived and to coordinate their efforts through the structure provided by the Interlocal Cooperation Act 1 Recitals The recitals set forth above are hereby incorporated by reference 2 Purpose and Interpretation The City is empowered by Title 35 RCW to construct, reconstruct, maintain and preserve City streets and other related public infrastructure either by contract or through the use of City forces The TBD has been constituted in accordance with state law to provide a source of funding for transportation improvements that preserve, maintain and improve the transportation infrastructure and related infrastructure within the City limits of the City The TBD has no employees and its officers are either City Council Members serving in an ex officio capacity or are City employees designated to serve under the provisions of state law In order to make the most efficient use of public monies, to avoid duplication of effort and to coordinate their efforts, the parties have entered into this agreement In the event of ambiguity or the need for guidance arises, this agreement shall be interpreted in accordance with the provisions of Chapter 1125 BMC, Chapter 36 73 RCW, and the provisions of the Governmental Accounting Act and RCW 43 09 210 as the same exists or shall hereafter be amended In the event that any provision of this agreement is held to be in conflict with existing state statute or any future amendment thereof, such provisions shall be severable, and the remaining provisions of this agreement shall remain in full force and effect 1 City/TBD Interlocal Agreement 3 Obligations of the TBD In accordance with the requirements of Chapter 36 73 RCW, Chapter 1125 BMC, the TBD agrees to 3 1 Provide to the City all funding received from any and all lawful sources, net administrative expenses, which the TBD in its sole discretion may levy for the purpose of making transportation improvements that preserve, maintain and improve the transportation infrastructure and related infrastructure of the City 32 Continue the annual provision of funding for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City so long as the TBD remains in existence Such funding shall be in accordance with and limited by the provisions of Chapter 1125 BMC and Chapter 36 73 RCW 3 2 1 Shall hold public hearings prior to levying any charge, tax or fee and shall levy any charge, tax or fee only in accordance with law and ordinance, 3 2 2 Develop an annual work plan and designate projected street maintenance, preservation and improvement protects within City for funding, and 3 2 3 Pursuant to RCW 36 73 160(1), shall develop a material change policy to consider at a minimum the impacts and appropriate remedies if transportation improvements contained in its annual plan exceed its original cost by more than 20% In such case, the TBD shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved The obligations of this agreement shall be interpreted and applied in a manner consistent with this adopted policy 4 Oblii?ation of the City The City shall 41 Provide staff support and other resources to the TBD In consideration of the benefits derived by the City, overhead charges such as staff support as well as utilities, information technology, office supplies, equipment and other resources as agreed upon shall be a contribution of the City to the parties' point goals and objectives and need not be directly charged to the TBD, unless otherwise required by law Staff support provided may include the services of the City Attorney, the City Clerk when serving as Clerk of the TBD, the City's Director of Financial Services when serving as its Treasurer, City Council staff and other staff deemed necessary to implement the programs of the TBD. 42 In addition to the staff support and resources set forth in Subsection 4 1 above, the City's Public Works Committee may be used by the TBD as a resource to review, consider and provide recommendations to the TBD regarding the annual work plan, transportation improvements to be included therein and other items related to the operation of the TBD. 43 Maintain for the period established by the State Archivist retention schedule, financial records, kept in accordance with general accepted accounting practice and governmental accounting requirements, as necessary to document that any and all funding received through the TBD is used only for the maintenance, preservation and improvements of City streets and infrastructure in accordance with law and ordinance 2 City/TBD Interlocal Agreement 44 Utilize all funding provided by the TBD for transportation Improvements that preserve, maintain and Improve the transportation Infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 1125 BMC and Chapter 36 73 RCW In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements 5 Ownership Streets and related transportation infrastructure preserved, maintained and improved with TBD funds are and shall remain the property of the City No point property ownership is contemplated under the terms of this agreement 6 , No Joint Board No provision is made for a point board. The TBD shall exercise its function in accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement 7 No Indemnity No indemnification is provided by this agreement The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement 8 Termination This agreement shall terminate or expire as follows 8 1 This agreement may be terminated by either party upon the provision of three hundred and sixty -five (365) calendar days notice A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party 82 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently enacted or hereinafter amended IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT Patty Lent, Mayor , Board President ATTEST ATTEST Shannon Conn, Interim City Clerk Becky Hasart, Treasurer/Board Clerk R TegalTegal\Files\Cunent Active Fdes\Transportation Benefit Distnct \City-TBD Interlocal Agreement doc 3 City/TBD Interlocal Agreement 44 Utilize all funding provided by the TBD for transportation Improvements that preserve, maintain and Improve the transportation Infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 1125 BMC and Chapter 36 73 RCW In doing so, It is the Intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements 5 Ownership Streets and related transportation Infrastructure preserved, maintained and Improved with TBD funds are and shall remain the property of the City. No point property ownership Is contemplated under the terms of this agreement. 6 No Joint Board No provision Is made for a point board The TBD shall exercise Its function In accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement 7 No Indemnity No Indemnification is provided by this agreement The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement 8 Termination This agreement shall terminate or expire as follows 81 This agreement may be terminated by either party upon the provision of three hundred and sixty -five (365) calendar days notice A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party 82 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently enacted or hereinafter amended IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT Patty Lent, Mayor , Board President ATTEST ATTEST Shannon Corm, Interim City Clerk Becky Hasart, Treasurer/Board Clerk R \Legal \Legal\Files \Current Active Files \Transportation Benefit Distrnct\C►ty-TBD Interlocal Agreement doc 3 City/TBD Interlocal Agreement 44 Utilize all funding provided by the TBD for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 1125 BMC and Chapter 36 73 RCW In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements. 5 Ownership Streets and related transportation infrastructure preserved, maintained and improved with TBD funds are and shall remain the property of the City No ,joint property ownership is contemplated under the terms of this agreement 6 No Joint Board No provision is made for a ,joint board The TBD shall exercise its function in accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement 7 No Indemnity No indemnification is provided by this agreement The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement 8 Termination This agreement shall terminate or expire as follows 8 1 This agreement may be terminated by either party upon the provision of three hundred and sixty -five (365) calendar days notice A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party 82 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently enacted or hereinafter amended IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT Patty Lent, Mayor , Board President ATTEST ATTEST Shannon Conn, Interim City Clerk Becky Hasart, Treasurer/Board Clerk R \Legal\Legal\Files \Current Active Files\Transportation Benefit Distnct \City -TBD Interlocal Agreement doc 3 City/TBD Interlocal Agreement AGENDA BILL BREMERTON TRANSPORTATION BENEFIT DISCTRICT le(o eeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6eeeeee ■ SUBJECT: Interlocal Agreement with Study Session Date N/A Department of Licensing for collection of the DISTRICT MEETING Date February 15, 2012 TBD car tab fees Department Finance Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The Bremerton Transportation Benefit District approved a $20 vehicle tab fee on December 7, 2011 The attached Interlocal Agreement represents the agreement needed with the Department of Licensing to commence collection of this fee ATTACHMENTS: Interlocal Agreement Between the State of Washington Department of Licensing and Bremerton Transportation Benefit District FISCAL IMPACTS (Include Budgeted Amount) Total 2012 anticipated vehicle fee receipts of $150,093 APPROVALS: DEPARTMENT DIRECTOR , CITY ATTORNEY FINANCE DIRECTOR DISTRICT PRESIDENT \ RECOMMENDED MOTION: Move to approve the Interlocal greement be en the State of Washington Department of Licensing and Bremerton Transportation Benefit District and authorize the District President to finalize and execute the agreement with substantially the same terms and conditions as presented BOARD ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DOL Agreement NoX2614 TBD Agreement No. INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF LICENSING AND BREMERTON TRANSPORTATION BENEFIT DISTRICT Upon execution, this Agreement Is entered Into by and between Washington State, Department of Licensing (hereinafter called "DOL" or Department'), and Bremerton Transportation Benefit District, (hereinafter called Transportation Benefit District "TBD" or "Contractor") City of Bremerton Transportation Benefit District Telephone 360 -473 -5722 345 6 Street, Suite 600 FAX 360 -473 -5200 Bremerton, WA 98337 E -Mail Becky HasartCaD-ci bremerton wa us 1. PURPOSE Engrossed Substitute House Bill 1858, Chapter 329 Laws 2007, authorizes cities to establish transportation benefit districts (TBD) for the purpose of providing and funding transportation Improvements within the TBD's jurisdiction The purpose of this Agreement is to provide terms and conditions under which DOL shall administer and collect fees on behalf of the TBD as provided by Agreement, according to RCW 36 73 065, RCW 46 12, RCW 82 80 140, WAC 308 -10, Chapter 18 USC Sec 2721 - 2725 Driver Privacy Protection Act (DPPA), and Executive Order 97 -01, and all applicable laws, and under the authorization of RCW 39 34 as currently written or hereafter amended THEREFORE, IT IS MUTUALLY AGREED THAT: 2. DEFINITIONS As used throughout this Agreement the following terms shall have the meanings set forth below a. Administrative and Collection Expenses means direct and Indirect costs associated with the collection of the TBD fees, including but not limited to information technology services to Implement and support the collection of TBD fees, accounting for and payment of fees to the TBD, contract administration, and management analysis as well as other Incidental administrative overhead, and includes the costs associated with optional access to the Internet Vehicle Information Processing System ( IVIPS) by TBD (under IVIPS Agreement) b. Authorized user means TBD officers, and employees, or any other authorized agent or official of the TBD C. Billing cycle means the annual vehicle registration renewal d. Confidential Information means Information that requires protection from unauthorized physical and electronic access Confidential Information Includes, but is not limited to, social security numbers, credit card Information, driver license numbers, vehicle owner information, personal Information, law enforcement records, agency security data, and banking profiles e. Data means Information which may be confidential contained in the vehicle and /or vessel record provided to Contractor under this Agreement File Name K2614 Page 1 of 11 2 -1 -2012 Terms and Conditions DOL Agreement NoX2614 TBD Agreement No. f Data Requests means requests made for vehicle owner data provided by a Secure Data Transfer (SDT) process, and is provided under a separate agreement, not to include use of the optional IVIPS g. Direct Cost shall Include, but is not limited to, all operating equipment and personnel costs used to furnish the Information, reruns and /or additional data runs, costs materials and data Integrity costs directly related to the monthly production and maintenance of these data files h District means all the territory within the boundaries of the TBD'siurisdiction establishing the district I. DOL File means the data file received by DOL from DOR used by DOL as the primary GIS data source to assess TBD fees j. DOR means Department of Revenue k. GIS means the Department of Revenue /Geographical Information System I. Indirect Cost shall include, but is not limited to, auditing, answering complaints, correspondence, administrative overhead, building rents, related utilities, and other expenses identified as Indirect costs by the Director of DOL m. IVIPS means Internet Vehicle Information Processing System n. Jurisdiction location code means the four digit number that corresponds to a TBD jurisdiction that is used by DOL when assessing the TBD fee The four digit number is derived from DOR's sales and use tax location code Information o. Next billing cycle means the billing cycle that occurs during the 12 month following the current billing cycle For example, If a renewal is sent for a due date in the month of January 2012, the next billing cycle will be January 2013 p Personal Information means information Identifiable to any person, Including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, e- mail addresses, credit card Information, law enforcement records or other identifying numbers or Protected Health Information, any financial identifiers, and other Information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42 56 or other state and federal statutes q Subcontractor means a person or entity not in the employ of the TBD named in this Agreement, but who is performing all or part of those services outlined in this Contract under a separate Agreement with the TBD The terms "subcontractor' and "subcontractors" mean subcontractor(s) in any tier 3 STATEMENT OF WORK The parties to this Agreement shall furnish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for or incidental to the exchange of data as set forth in the Statement of Work, Attachment A, Vehicles Subject to ESHB 1858, Attachment B and Vehicles Not Subject to ESHB 1858, Attachment C that are attached and Incorporated by reference 4. PERIOD OF PERFORMANCE Subject to Its other provisions, this Agreement shall begin upon the date of execution by the parties and shall extend through the life of the TBD as defined in the ordinance establishing the TBD This Agreement is subject to review by the parties every two (2) years File Name K2614 Page 2 of 11 2- 1-2012 Terms and Conditions DOL Agreement No.K2614 TBD Agreement No. or sooner as necessary to review applicable laws changes that affect this agreement and the provision herein, or as Is otherwise required herein 5. FEE COLLECTION Fee collection may not be sooner than six (6) months from the signed and dated Ordinance creating the TBD fee However, before fee collection the TBD must provide all documents necessary as directed by the department 6. PAYMENT/ REIMBURSEMENT • DOL shall deduct a percentage amount, as provided in RCW 82 80 140, of one percent (1 %) of the twenty dollar ($20 00) fee collected for administration and collection expenses incurred • DOL shall set up the Vehicle Field System (VFS) to automatically deduct one percent 1 % at the time of each transaction • The one percent (1 %) fee also includes the TBD's optional access to the IVIPS, once an IVIPS agreement Is executed • DOL shall certify the release of the proceeds to the state treasurer, and the state treasurer shall distribute the proceeds to the TBD on a monthly basis depending upon their disbursement schedule • The one percent (1 %) fee is a maximum permitted by statute and is based in part upon the costs associated with Implementing the administration and collection expenses for the collections for the TBD as one of the first such entitles with the state to Implement a license tab fee 7. RECORDS AND DOCUMENTS The parties to this Agreement shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and Indirect costs expended by either parry In the performance of the service(s) described herein These records shall be subject to Inspection, review or audit by authorized personnel of either party, the Office of the State Auditor, and other government officials so authorized by law for the period such records are required to be retained according to the Washington State Retention Schedule Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties, except as required by law 8 ASSURANCES DOL and the Contractor agree all activity pursuant to this Agreement will be In accordance with all applicable current or future federal, state and local laws, rules, and regulations 9. CONFIDENTIALITY Each party agrees to maintain the security of and protect all confidential Information, data, and records provided directly or Indirectly to the TBD by DOL to ensure that such Information Is safeguarded, used, and disclosed by the TBD In compliance with laws governing such Information, data and records The TBD shall provide right of access to the department or any of Its officers or agents upon reasonable notice, to Inspect the system by which the TBD maintains such Information Should DOL have reason to believe that the TBD Is not properly safeguarding, using, or disclosing DOL records, DOL shall take the following approach Provide notice to the TBD that details each Issue DOL has determined to be problematic along with a method DOL considers to be appropriate to remedy the Issue, File Name K2614 Page 3 of 11 2-1-2012 Terms and Conditions DOL Agreement NoX2614 TBD Agreement No. Provide the TBD at least thirty (30) days to cure such Issue, provided, however, that if cure requires the discipline of any employee or subcontractor, the period of cure shall be extended to Include any appeal or other process required by law or collective bargaining agreement If the TBD falls to cure to DOL's satisfaction, DOL has the option to terminate dissemination of DOL records and Information to the TBD until the TBD provides sufficient security for DOL records DOL must provide twenty (20) days notice to the TBD that It will terminate dissemination of DOL records, If DOL terminates dissemination of records to the TBD, the TBD may seek review by the Dispute Board Judicial review may be sought in lieu of seeking review of the Dispute Board, If the Dispute Board falls to remedy the Issue to the TBD and /or DOL's satisfaction, either party may seek judicial review 10. PUBLIC RECORDS REQUESTS For any public records request received by the TBD for confidential Information, the TBD will coordinate with DOL in an effort to mutually agree upon the Information to be disseminated If the TBD and DOL disagree, the TBD will provide DOL at least ten (10) days in order to allow DOL to seek judicial review as provided under the Public Records Act Indemni Except as specifically provided in this section, the parties have not agreed to Indemnify or hold harmless each other Each party agrees to hold harmless and indemnify the other from any claim, loss or liability arising from or out of the employment or contractual relationship of each parties' employees and subcontractors DOL agrees to bear all costs associated with the resolution of fee payer disputes regarding statutory exemption from license fees and agrees to hold harmless and indemnify the TBD from such costs TBD agrees to bear all costs associated with the resolution of fee payer disputes relating to the formation of the TBD, the levying of any charge or fee on matters relating to the residence of the fee payer or other disputes relating to the location of the vehicle or fee payer, and agrees to hold harmless and Indemnify the DOL from such costs The term "cost' as used herein refers to any and all administrative costs, court costs and reasonable attorneys' fees associated with resolution of any claim, loss or liability 11. INDEPENDENT CAPACITY The employees or agents of each party who are engaged In the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party 12. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual consent of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties 13 MEMORANDUM OF UNDERSTANDING (MOU) Any communication that either Contract Manager determines to address more than day -to- day concerns, but do not modify the terms of this Agreement, shall be documented by a written, numbered and dated MOU File Name K2614 Page 4 of 11 2 -1 -2012 Terms and Conditions DOL Agreement NoX2614 TBD Agreement No. 14. TERMINATION BY LEGISLATIVE ACTION This Agreement is terminated upon formal action of the State Legislature by enacting statutory prohibition If this Agreement is terminated, DOL is entitled to payments required under the terms of this Agreement for services rendered prior to termination 16. REMEDIES: DISPUTE RESOLUTION The relationship of the parties is in part defined by statute In recognition of the parties' relationship and the lack of alternatives for the collection of fee, the parties have established these provisions regarding their respective rights and remedies Disaute Resolution The parties shall attempt to resolve any dispute between the parties regarding the Interpretation or performance under this agreement at a staff level If a party believes the other to be in breach of the agreement, it shall provide written notice of breach to the party via postage paid in the U S mall addressed as provided in Contract Management, Section The alleged party in breach shall have ten (10) business days to either cure the breach or refer any dispute to arbitration by the Dispute Board The Dispute Board shall attempt to resolve the dispute in the following manner prior to seeking judicial review Due to the critical nature of the parties statutory obligations, disputes regarding public records shall not be subject to this procedure, except as provided in Public Records Request and Confidentiality Sections Additional procedures are provided for alleged breach of confidentiality Each party to this Agreement shall appoint one member to the Dispute Board The members so appointed shall jointly appoint an additional member to the Dispute Board The Dispute Board shall review the facts, Agreement terms, applicable statutes and rules and make a determination 16 GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any other applicable law The provisions of this Agreement shall be construed to conform to those laws Any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, shall be resolved by giving precedence in the following order • Applicable state and federal statutes and rules, • Statement of Work, and all Attachments • Any other provisions of the Agreement, including matenals incorporated by reference 17 ASSIGNMENT The work to be provided under this Agreement, and any claim ansing there under, is not assignable or delegable by either party in whole or in part 18. WAIVER Unless the Agreement is amended in writing by an authorized representative of DOL and the TBD, waiver of a default under this Agreement, or failure by DOL or the TBD to exercise its rights shall not be considered a modification or amendment to the Agreement, or constitute a waiver of any subsequent default 19. LIMITATION OF STATE LIABILITY The parties agree that In no event shall the state of Washington, the department, the Director of the department or any department employees, be liable to Contractor for any damages, costs, lost production, or any other loss of any kind for failure of the Department's File Name K2614 Page 5 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No.K2614 TBD Agreement No. equipment, hardware or software to perform for any reason, or for the loss of consequential damage which is the result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other disasters The state of Washington, the Department, the Director of the Department or any Department employee shall not be liable for any claim of any nature against Contractor by any party ansing from any failure In the service furnished by the Department under this Agreement, for any errors, mistakes or acts on the part of the Department or Its agents which result In the failure of the Department's equipment or software which falls to perform for any reason or for any other loss or consequential damage which Is a result of acts of God, stnkes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other disasters 20. SEVERABILITY If any provision of this Agreement or any provision of any document Incorporated by reference shall be held Invalid, such Invalidity shall not affect the other provisions of this Agreement which can be given effect without the Invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable 21. INTERLOCAL AGREEMENT This Is an Interlocal agreement entered Into pursuant to the authorization of Chapter 39 34 RCW Accordingly, the following provisions are set forth In accordance with the provisions of RCW 39 34 030 This Agreement shall be perpetual unless terminated as herein provided No separate legal or administrative entity is created by this Agreement The cooperative undertakings of the parties shall be financed as provided herein Each party shall separately establish and maintain a budget for Its own functions No point property shall be acquired, held or disposed of Any real or personal property used in the point or cooperative undertaking shall be considered to be and remain the property of the party who purchased such real or personal property This Agreement shall be effective when posted on the website of either the DOL or the jurisdiction in which the TBD has been created in accordance with RCW 39 34 040 22 CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement TBD Contract Manager DOL Contract Manager Becky Hasart Jennifer Dana Bremerton TBD Department of Licensing 345 6 t ' Street, Suite 600 PO Box 2076 Bremerton, WA 98337 Olympia, WA 98507 -2076 Phone 360 -473 -5722 Phone (360) 902 -3673 FAX 360473 -5323 FAX (360) 570 -7861 E -Mail E -Mad Iedana(&dol wa clov Becky Hasart(fti bremerton wa us File Name K2614 Page 6 of 11 2- 1-2012 Terms and Conditions DOL Agreement No K2614 TBD Agreement No. 23. ALL WRITINGS CONTAINED HEREIN This Agreement consists of 11 pages Including the following attachments A = Statement of Work B = Vehicles Subject to the Vehicle Fee under RCW 82 80 140 C = Vehicle Not Subject to the Vehicle Fee under RCW 82 80 140 This Agreement sets forth in full all the terms and conditions agreed upon by the parties Any other agreement, representation, or understandings, verbal or otherwise, regarding the subject matter of this Agreement shall be deemed to be null and void and of no force and effect whatsoever, with the following exceptions 1 Exception #1- If TBD enters into an IVIPS agreement that is also required to obtain vehicle information The IVIPS agreement does not null and void this Agreement with TBD, nor does this Agreement null and void the IVPS Agreement entered into by the TBD 2. Exception #2 - If TBD enters Into a separate data sharing agreement to obtain vehicle information The separate data sharing agreement does not null and void this Agreement or the IVIPS Agreement, nor does this Agreement null and void any separate data sharing agreement entered into by the TBD IN WITNESS WHEREOF, the parties have executed this Agreement, affirm they have the authority to bind their respective parties to the terms and conditions of this Agreement Bremerton Transportation Benefit District State of Washington Department of Licensing (Signature) (Date) Jan Smallwood, Assistant Director (Date) APPROVED AS TO FORM ONLY (Print Name &Title) Signature on file June 1, 2009 (Federal Tax Identification Number or UBI) Diane McDaniel AAG (Date) APPROVED AS TO FORM: Attorney for TBD (Signature) (Date) File Name K2614 Page 7 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No.K2614 TBD Agreement No. ATTACHMENT A STATEMENT OF WORK 1. FOR ADMINISTRATION AND COLLECTION OF THE VEHICLE FEE The Transportation Benefit District (TBD) shall furnish the necessary personnel, equipment, material and /or services and otherwise do all things necessary for or Incidental to the performance of work as set forth below 2. RESPONSIBILITIES OF THE TBD The TBD shall: a. Provide DOL with a legible copy of the official signed and dated ordinance or resolution and any related documents that established the Transportation Benefit District (TBD) fee b. Provide DOL with the jurisdiction taxing code c. Submit to DOL the TBD customer phone number to be used for various media publications d. Be the primary point of contact to respond to inquiries or disputes from citizens who have questions about the fee e. Handle all contacts and /or disputes regarding boundaries and /or questions regarding the TBD or its collection of fees f. Agree that any omitted or Incorrect addresses that result in the fee not being charged for the current billing cycle will not be collected by DOL during the current cycle, and that DOL will charge the fee during the next billing cycle if Department of Revenue's (DOR) data is updated, DOL has a reasonable amount of time to accomplish necessary computer changes, and the address is within the TBD boundary g. Process and issue any refunds or shortages that may be due It is anticipated that TBD refunds will be largely due to boundary disputes h. Verify boundary and sub boundary information of the TBD against the information provided in the DOR GIS system to ensure an address taxing location code is appropriately identified for fee collection Notify DOR of any changes to initiate computer - programming updates for proper fee collection, as zip codes are added or changed within the boundary or sub area boundary assignment of the TBD 1 Submit requests if desired to enter into a separate standard IVIPS agreement to gain access to IVIPS and /or may enter into a separate datashare agreement TBD will be required to provide DOL with a completed VehicleNessel Disclosure Agreement Application for either Agreement Separate costs apply and are not included in the one percent (1 %) retained in this Agreement 3. RESPONSIBILITIES OF DOL DOL shall: a. Not impose the fee for vehicles as defined by law as "Not Subject "to the fee by statute and are listed in Vehicles Not Subject to the Vehicle Fee under RCW 82 80 140 Table, Attachment C b. Use data from the DOL file as the primary source for identification when assessing the fee for a vehicle registered within a TBD area If the jurisdiction location code Is one of the TBD areas, then DOL will apply the charge to the vehicle record If a match cannot be found within the data from the DOL file, then the customer will not be billed the TBD fee DOL will not use any other data source to determine TBD fee liability File Name K2416 Statement of Work, Attachment A Page 8 of 11 2 -1 -2012 DOL Agreement No.K2614 TBD Agreement No. c. Administer and collect the appropriate annual vehicle fees of up to $20 00 per vehicle, at the time of registration renewal, pursuant to RCW 82 80 140 d. Retain one percent (1 %) of all fees collected in payment for the Incurred expenses for the administration and collection of TBD fees and for fees associated with the optional IVIPS agreement deposit and individual inquiries (i a each look -up) e. Not be responsible for the issuance of any refunds or shortages of the fee collected on behalf of TBD for boundary disputes when a customer claims they do not live in a TBD's jurisdiction f. Not be responsible or liable for any incorrect or omitted notices sent because TBD provided information to DOR in error g. Not make corrections or issue replacement paper or electronic renewal notices (The annual vehicle TBD fee will be inserted onto paper or e- renewal notices for the next billing cycle of that vehicle if provided) h. Not be obligated to recover actual or perceived revenue loss of the fee due to errors from data provided to DOL from DOR for boundary discrepancies I. Not be responsible for inquiries and /or disputes of customers regarding the fees imposed by the TBD, except to direct the customer to the contact information provided to DOL by the TBD j. Provide customers with information on the DOL webpage, which includes contact Information for TBD k. Provide vehicle licensing Agents, Subagents and DOL staff with Information to explain the TBD fee, which includes a list of TBD contact information I. Not be responsible for the timeliness of the state treasurer's monthly distribution of funds m. Not be responsible to provide TBD with data requests, except through the optional IVIPS, unless the TBD enters into a separate data sharing agreement pursuant to RCW 46 12 Costs associated with data requests will be handled separately and are not included in the one percent (1 %) retained for administration and collection expenses pursuant to RCW 82 80 140 n If requested provide the TBD with access to IVIPS, provided TBD enters in to the standard IVIPS agreement, in order for the TBD to access information sufficient to process refunds and assist in responding to TBD customer inquiries ***REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK File Name K2416 Statement of Work, Attachment A Page 9 of 11 2 -1 -2012 DOL Agreement No.K2614 TBD Agreement No. ATTACHMENT B VEHICLES SUBJECT TO THE VEHICLE FEE UNDER RCW 82.80.140 The annual vehicle fee is due for each vehicle subject to license tab fees under RCW 46 16 0621 and for each vehicle subject to gross weight fees under RCW 46 16 070 with an unladen (scale) weight of 6,000 pounds or less Vehicles registered with Disabled American Veteran Exemption would be exempt from the tax The annual vehicle licensing fee applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the Department of Licensing The following vehicles are subject to the vehicle licensing fee: Use Class, �'� `�` "� Description' ��' �� � k�s What makes it Subject:.:` CAB Taxicab 46 16 0621 CMB (powered) Combination 46 16 070, if scale weight is 6000 p ounds or less COM (powered) Commercial vehicle 46 16 070, if scale weight is 6000 p ounds or less CYC Motorcycle 46 16 0621 FIX Fixed Load vehicle 46 16 070, if scale weight is 6000 p ounds or less F /H, 6 seats or less For Hire 46 16 0621 F /H, 7 seats or For Hire 46 16 070, if scale weight is 6000 more pounds or less H/D House Moving Dolly 46 16 0621 LOG(powered) Used Exclusively for hauling 46 16 070, if scale weight is 6000 to s pounds or less MH Motor home 46 16 0621 MOB Mobile Home 46 16 0621 if actually licensed PAS Passenger vehicle 46 16 0621 STA, 6 seats or Stage 46 16 0621 less STA, 7 seats or Stage 46 16 070, if scale weight is 6000 more pounds or less TLR Private —use trailer (if over 46 16 0621 2000 pounds scale weight TOW Tow truck 46 16 0621 TRK Truck 46 16 070, if scale weight is 6000 p ounds or less TVL Travel trailer 46 16 0621 NEP Neighborhood electric 46 17 350 p assenger vehicle NET Neighborhood electric truck 46 17 355, if scale weight is 6000 p ounds or less MEP Medium -speed electric 4617350 p assenger vehicle MET Medium -speed electric truck 46 17 355, if scale weight is 6000 p ounds or less File Name K2614 Vehicles Subject to the vehicle fee under RCW 82 80 140, Attachment B Page 10 of 11 2 -01- 201201 -05 -2012 DOL Agreement No.K2614 TBD Agreement No. ATTACHMENT C VEHICLES NOT SUBJECT TO THE VEHICLE FEE UNDER RCW 82.80.140 The following vehicles are specifically exempted from the vehicle licensing fee a. Farm tractors or farm vehicles as defined in RCW 46 04 180 and 46 04 181, b. Off -road and non highway vehicles as defined In RCW 46 09 020, c. Vehicles registered under chapter 46 87 RCW and the International registration plan, and d. Snowmobiles as defined in RCW 46 10 010 The following vehicles are not subject to the vehicle fee: Use Class Y Descri tion What makes -it Subject:: 4 C/G Converter Gear Not Licensed CMB non powered Trailers Not subject to license fees CMP Campers Exempt under RCW 46 16 505 COM non powered Commercial Licensed under 46 16 085 EX State County City, Indian Not subject to license fees FAR Farm Exempt per language In bill /law FCB Farm Combination Exempt per language in bill /law FED Federally Owned Not subject to $30 license fee FEX Farm Exempt Not subject to license fees H/C (I e, Antique Horseless Carnage( see specific use Not subject to license fees vehicle ) class for vehicle type LOG non powered) Used exclusively for hauling logs Licensed under 46 16 085 ORV Off Road Vehicles Exempt per language in bill1law PED Moped Licensed under 4616 630 RES Restored and Collector Vehicles Not subject to license fees SCH Private School Not subject to license fees SNO Snowmobiles Exempt per language in bill /law SNX State, County, City owned Not subject to license fees snowmobiles TLR Personal use trailers, single axle (less Exempt Licensed under RCW than 2,00 pounds scale weight) 46 16 086 File Name K2614 Vehicles Not Subject to the vehicle fee under RCW 82 80 140, Attachment C Page 11 of 11 2 -1 -2012