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Home My WebLink About04/10/2013 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 APRIL 10, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the April 17, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Bid Award to ROGNLIN'S, INC. for the Eastside Beach Sewer Main Replacement Project 2. Bid Award for Service Agreement with S. VARICK MAINTENANCE for Landscape Maintenance and Service B. FULL PRESENTATION ITEMS 3. Briefing on Summer Passenger Only Ferry Service between Bremerton and Port Orchard (Information Only) 4. Proposed ordinance providing for the Issuance and Sale of two (2) Limited Tax General Obligation (LTGO) Bonds for the Parking System and Golf Course in the aggregate principal amount not to exceed $14,500,000; and delegating authority to Mayor or Director of Financial Services to approve the final terms of the Bonds 5. Proposed ordinance establishing a new Chapter 6.10 of the Bremerton Municipal Code (BMC) entitled "Abandoned Property Registration and Maintenance "; and proposed resolution amending the Community Development — Rate Table C establishing fines and penalties for failure to register and maintain abandoned properties C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing —Adam Brockus, Chair 2. Public Safety and Parks (PSP) Committee Briefing — Leslie Daugs, Chair 3. Discussion on 2014 Council Goals — Council President Wheeler 4. Other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION E. EXEMPT CLOSED SESSION — Update on "Labor Negotiations and Proceedings" per RCW 42.30.140(4)(b) — Becky Hasart, Financial Services Director ® Americans with Disabilities Act 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. AGENDA BILL CITY OF BREMERTON 63 CITY COUNCIL SUBJECT: Summer Foot Ferry Service Study Session Date 4/10/13 between Port Orchard and Bremerton COUNCIL MEETING Date N/A (Information Only) Department Executive Presenter Patty Lent Phone 473 -5266 SUMMARY: Since 2009, the City along with Port Orchard and the Port of Bremerton, have subsidized the Foot Ferry Service between Port Orchard and Bremerton on Festival weekends and holidays The last couple of years it has expanded to include every Sunday during the summer Port Orchard wants to add service for Friday and Saturday nights and cut Sunday service to only festival days and holidays The City of Port Orchard has budgeted $6,500 towards this service and is asking for each entity to contribute the same The Port of Bremerton is agreeable to any arrangement as long as all three entities participate, and festival weekends and holiday service is preserved They can contribute $5,500 The Mayor is agreeable to the Friday and Saturday night service if Sunday service from 10 30am to 2 30pm is preserved for our Sunday Market along with the festival weekends and holiday service $6,500 is within our budgeted amount for this service ATTACHMENTS: 2012 point agreement FISCAL IMPACTS (Include Budgeted Amount) We have currently budgeted $7,900 for this service STUDY SESSION AGENDA ❑ No Presentation © Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: N/A The amount is budgeted, the dollar amount of the agreement is below Council approval threshold and the agreement is not an interlocal agency agreement Administration is looking for direction from Council to proceed with an agreement in accordance with the Mayor's terms COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 8 JOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT This Agreement is dated for reference purposes May 1, 2012 and is entered into by and between the City of port Orchard, a municipal corporation, (City), City of Bremerton, a municipal corporation, and the port of Bremerton, (Port District) and Kitsap Harbor Tours, LLC RECITALS WHEREAS, beginning in 2008 Kitsap Transit ceased providing foot ferry service on Sundays and limited service on Holidays between the City and the City of Bremerton, and WHEREAS, the Cities and the Port recognize the desirability of providing foot ferry service between the City of Port Orchard and 2012 and ending Monday, September 3 2012, d all Sundays during the summer starting Sunday, May 27, Now, therefore, the parties agree as follows AGREEMENT 1. a.,�. F *ry Service Schedu Kitsap Harbor Tours shall provide foot ferry service between City and City of Bremerton for the following dates Sunday Services between the hours of 9:00 a.m. and 8:00 p.m.: May 27, 2012 June 3,10,17 and 24, 2012 July 1, 8, 15, 22, and 29, 2012 August 5, 12, 19, and 26, 2012 September 2, 2012 Event Monday/Holiday Services: Fathoms O'Fun, July 4, 2012 for the hours of 3 00 p m to 11 00 p m Blackberry Festival, September 3, 2012, for the hours of 10 00 a m to 6 00 p m 2 moo Ferrv�nd Charges a The foot ferry service si on each way for adults and r ehildren over h the age of 5 of set forth above at a cost of $2 00 per p Children under the age of 5 shall ride free b The cost for Kitsap Harbor Tours to operate the foot ferry service is $146 25 per hour 3. R' 1 i E and Payment Kitsap Harbor Tours shall generate a monthly invoice in - accordance with the following terms of g The cost to operate the foot ferry on a monthly basis ($146 assen ers and the n et hours of operati shal b equ l one-third shares to City of Port co orchard, Port of Bremerton, and City of ot of revenue amount shall billed Bremerton b All invoices payable shall be addressed to the following representing a 1/3 s e of total costs City of Port Orchard, Accou Director, 345 6"' prospect eet, Suite orchard, WA WA 98337 City of Bremerton, Finance Port of Bremerton, Accounts Payable, 8850 SW State Hwy 3, Bremerton, WA 98312 All invoices shall be paid by separate entities within sixty (60) days of receipt of a proper invoice 4 i icons , -s and Tr ain in& Kitsap Harbor Tours represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities 5 Notices Any notices required to be given shall be in writing and delivered to the parties at the following addresses City of Port Orchard Rick Leenstra, Jr Brandy Rinearson Kitsap Harbor Tours 216 Prospect Street 14555 Olympic View Loop Rd NW Port Orchard, WA 98366 Silverdale, WA 98383 City of Bremerton Phone (360) 692 -1846 Finance Director Fax (360) 307 -0140 345 6's Street, Suite 600 Bremerton, WA 98337 Port of Bremerton Steve Slaton 8850 SW State Hwy 3 Bremerton, WA 98312 Indemnification Kitsap Harbor Tours shall defend, indemnify and hold theeinag then officers, es, losses or suits officials, employees and volunteers harmless from any and all clauns, injuries, d including attorney fees, ansing out of or resulting from the acts, errors or omissions of Kitsap Harbor Tours, its agents, employees, or sub consultants in performance of this Agreement, except for inJunes and damages caused by the sole negligence of the City of Port Orchard, City of Bremerton, and/or Port of Bremerton This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and Kitsap Harbor Tours waives any immunity whatsoever with respect to such indemmfication urance Kitsap Harbor Tours shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arse from or in connection with the performance of the services to be provided hereunder by Kitsap Harbor Tours, its agents, representatives, or employees Kitsap Harbor Tours' insurance coverage shall be primary insurance as respect to the entities Any insurance, self - insurance, or insurance pool coverage maintained by the entities shall be excess of Kitsap Harbor Tours' insurance and shall not contribute with it Kitsap to Harbor To urs' f Kitsap Harbor Tours to the coverage prov ded by such insurance, l or otherwise l the entities liability o p recourse to any remedy available at law or in equity a E t F e „�.amen r/Ntodification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, o ° added to only by wntten grop written y signed by both partiegsreement may be amended, modified Harbor Tours, LLC Page 2 of 3 CITY OF PORT ORCHARD IQTSAP HARBOR TOURS, LLC B r / By By Timothy C Mathes, Mayor Rick Leenstra Jr - y � Title � M • �G� T Date j Date Attest B Brandy Rmearson, Interim City Clerk CITY OF BREMERTON By Patty Len ayor Date Atte t By Shannon Conn, Interun City Clerk PORT OF BREMERTON B ....✓ Tun Thomson, CEO Date Atte +Gger By Mc Kenzie Way, re, Executive Assistant Kitsap Harbor Tours, LLC Page 3 of 3 CO3 CITY COUNCIL 345 6th Street Suite 600 Bremerton WA 98337 11 Phone 360 473 -5280 2012 - 2013 City Council Goals Financial Sustainabiiity • Develop a Business Plan and rate study for our utilities. Completed • Adopt utility rates recommended by the rate study. Completed • Work with KRCC to determine if an alternate fuel station is feasible. Removed [Note that the Washington State Dept. of Commerce is currently developing rules regarding use of alternative fuels for local governments which is due to be completed by 2015...] . Research and present to Council alternative methods to maintain Parks Department funding. Parks & Recreation Task Force was established and is ongoing Economic Development . Develop and pass an ordinance before the FY2013 budget is prepared that reduces the B &O tax. Completed Housing and Community • Request the internal Auditor to study the costs and impacts of rental housing and issue a report on the subject. Completed • Develop and execute a campaign to "Wipe out Tagging" that informs residence and business owners of the requirements and benefits of removing "Tagging" as soon as possible. Completed Streets and Sidewalks • Using the City's Non - motorized Transportation Plan identify and prioritize the top three safety improvements that should be implemented around schools. In progress ... S25k earmarked in 2013 Fund for Sidewalks... R: \City Council \RETREAT & GOALS\2012 & 2013 Council GOALS - Tracking.doc Item C3 April 10 — City Council Study Session Submitted by Council Member .Tim McDonald: For 2014 discussions with Mayor Lent, I would like you to consider establishing budget to continue our goal of installing sidewalks around schools We could provide some funding for 'Roger Brooks" type of items e g, money for Way - finding signs or possibly even funding Roger Brooks organization to lead the planning effort If we did this in conjunction with Port Orchard, we could split the cost (or we could pay two - thirds or some higher proportion) Perhaps we can get the Parks Department working on a permanent stage on the Boardwalk They must now set -up and take down the stage there A permanent stage would provide a venue for more entertainment without costing the City the set -up and tear down time If I recall, Mr Brooks stated that the stage should only be two or three steps high Lodging tax funding, CDBG funding, or RCO grants could be used for the funding source as long as we provided the design concept If we get a stage, then we could work to turn that large stairway that would face the stage into a better sitting spot We could define the walkways on each side with the handrails and develop a cover as a sun and rain shade That spot is used as a "natural" amphitheater We could also allocate some money for entertainment or street performers Just some thoughts) r, Jim McDonald Bremerton City Council District 1 Item C3 April 10 — City Council Study Session Submitted by Council Member Nick Wofford: Develop a public \private program for Wayfinding to City attractions • This signage would start as a general notification on Hwy 3 and would get more specific downtown • Signs would include parking, restrooms, individual museums, and other attractions • Initial funding could come from Lodging Tax as a start to be supplemented by private funding The program would be directed by private (DBA) parties • Establish fund and amount (not more than $20,000) for the first year prior to lodging tax committee meeting • Program could be patterned after Roger Brooks examples http / /www rogerbrooks org /ropers- rules /page /2/# Note that the signs would NOT be the normal street signs, but would be large distinctive signs Nick Wofford OF Now i a R ailroad — ep t o _ -_- Paramount Theater _ ♦' Visitor Information r Washington Square M di - .. DDI -Community Wayfinding Program Introduction What is Wayfinding ?The literal definition is "Enabling messages on these signs must be limited in number, veterans people to navigate through an environment or to a short in length and most of all, be legible. DDI has Pa rk given destination through the use of effective signage developed a list of criteria that directional signs must and visual cues' The concept of wayfinding is growing include. We take traffic speed, sight lines, decision in importance. It has become an integral part of urban points, code restrictions and many other factors into planning and placemaking. consideration. DDI's wayfinding programs do much more than guide The solution to the third question, "What is here to people through an environment. They help grow local interest me ?" is answered by way of visually obvious economies, support community brands, promote information centers such as kiosks or welcome visitor experiences and enhance community pride. centers. Area maps are displayed along with event promotions, brochures, transit schedules and a list of There are three questions a successful local attractions. _ wayfinding system will answer. Where am I? How can I get to my destination? DDI specializes in the art and science of community and What is here to interest me? wayfinding. We are experts at developing efficient wayfinding programs that provide intelligent function - C The solution to the first question, "Where am IT' has while helping to create a sense of place for visitors three answers. 1. Announce the Community - branded and locals. A DDI wayfinding program increases gateways at city or district entrances. 2. Repeat the traffic to desired destinations translating into growing Brand — branded graphics on all community signage. community revenues. Our programs are considered 3. Provide Area Information - strategically placed "investments" rather than "expenses kiosks or information centers. n The solution to the second question,' How can I get to my destination ?" is provided through well - placed vehicular and pedestrian directional signage.The We develop fully rendered city �t�•� -' `c� ;�•�'�:� maps that are as beautiful as they are easy to understand. �r, .r DDI - Community Wayfinding Program Phase I: Planning A JAM � DDI visits the community and becomes intimate with all aspects of the environment. We conduct interviews with available community - representatives and stakeholders to understand the c resour e h ment plans, gom P h l etitors and � ± -~ � ; strategic plans for the future. V t Definable destinations and traffic decision points will be viewed first -hand on site. Traffic flow will be understood and future roadway improvements will be considered. Traffic speed, sight lines, visual competition, environmental conditions and existing wayfinding vernacular will be studied and documented. " I The resulting report will include a conditions summary, proposed sign -types and loose sign locations on a site plan. Ar r ❖• ❖• 1 � `t. ❖. ❖.:�i:;�:� Our wayfindmg programs include gateways, vehicular and pedestrian directionals, ' ❖:•::.'_ �o� f,' street banners, visitor information kiosks, interpretive signage, attraction identities, • o• 4A �.�.�.: •'�'.+ retail signage standards, regulatory signage and trail blazers. ti 4 DDI -Community Wayfinding Program Phase II: Concept Generation Phase III: Design Development After we establish functional performance of the Upon receiving comments and/or approvals from At this time the concepts will be shared with a state or proposed wayfinding system and gain consensus, the community representatives and stakeholders, provincial DOT representative for review. If necessary, we will consider visual performance— how to define the concept schemes are narrowed down to one for revisions will be made for compliancy. A third districts while maintaining continuity throughout development. Cost estimates are collected from one submittal is presented for final approval. the entire community. We look at ways to reduce the or more fabricators. Value- engineering is considered amount of visual clutter and redundant signage. if cost is an issue. An internal review is conducted. A stakeholder meeting or workshop is conducted to Visuals are prepared and a second submittal is present the developed concept. This presentation We conduct an internal brainstorming session where will include representations of each sign type, a presented to the community for review, approval ideas are exchanged in a team forum. We maintain comment. preliminary wayfinding plan with sign locations and/or en a single rule: "There is no such thing as a bad idea. and a message schedule. The intent of this session We believe that "free imagining" leads us to the best is to achieve final buy -in to the plan. In the event solutions. One idea leads to a better one, a better idea that stakeholder input reveals plausible changes leads to a brilliant one. Rough concepts are created worth consideration, the plan may be refined and and evaluated together in a critique session. resubmitted for final review and approval. Concepts are presented and discussed. In some cases we hold development workshops where several loose concepts are presented prior to a collaborative session where ideas are discussed and considered. We excel of gaining consensus among gro ted �w in the development of community wayfinding plan. We begin by listening. We identify the common goals of OF 77' everyone, prioritize them by value and establish logical -- - steps to achieve those goals. DDI -Community Wayfinding Program 5 Phase IV: Documentation Phase V: Production Management Selected mock -ups are produced and evaluated on The final Design Intent Document will be assembled revised document represents the Design of Record site prior to the preparation of scaled drawings.This together with community- authored RFP language and is used to measure the fabrication progress. is to assess message legibility and visual relevance to for issuance. A DDI representative will be present the environment. at a pre -bid forum or available by phone to answer After the contract is awarded to a successful prospective bidder's questions and to clarify scope bidder, a teleconference between DDI, community and performance protocols. DDI will assist in the representatives and the Sign Contractor is held to reviewing of bid submittals and advise on award Lannding ing considerations. reinforce the timeline, approval protocols and a `. Lad delivery date. DDI monitors the production process by Fairgrounds reviewing shop drawings and sample submittals. After * Parka, -SNde The plan is revised to reflect any subtle changes that the product is delivered and installed, DDI performs * Th rai ar eater ise out of contract negotiations and input from a post installation inspection (punch). A report will bidder's comments and recommendations. The be generated advising community representatives ' = as to the condition of the installed product. Once the 1 installation is deemed complete, DDI will advise the community to release the balance of funds due to the Sign Contractor. An engineering analysis is conducted to verify structural integrity, wind load and public safety. Scaled design intent drawings are prepared and assembled together with written specifications, a message schedule and location plans, suitable for bid acquisition. -- \ L am- nurnc aw • WASHINGTON DDI - Community Wayfinding Program Option: Signage Standards Guideline DDI will produce a Signage Standards Guideline to Maintenance information collected from the control the future interpretation of the signage. fabricator and material manufacturers is included in the document. Dealer contact information is also It includes a description of wayfinding function included. and purpose- types to be placed in specific locations. If applicable, it addresses the Approval processes, protocol descriptions for sign importance of supporting the community removal and /or adaptation, permit compliance, sign brand standards such as colors, brand graphics design, fabrication and installation are outlined. and fonts. It includes drawing specifications for adapting existing sign elements into the ' Colors /Prima new system. p alette ' ry P Graphic devices, font usage and sign type classifications are illustrated and described. As -built details, location plans ` and a message schedule is included. ft CAfV M : c_9 57 aeWles Each sign type is illustrated with rules G � �� K.0 • of composition and interpretation. For "C Light larger signs, wind load requirements z875 C. K =3 and structural compliances are M<o V= q� indicated. K :0 e= Na, N � p�°nr th, a)O"e tee: bk., Trajan Pro Regular to, Parn �acro ew mot M Mar od„ca ^ ary col �s "'aaia ABCDFGHIJNZ � e oWf '�a ,- °whAaeenW, Ye llow >.. _ aq.,acss VVXZ 123456 Guidelines are a valuable tool to maintain consistent application of brand graphics and strategic functionality of wayfinding system. t DDI - Community Wayfinding Program 7 Case History: Bothell, Washington - 2011 City of Bothell, Washington (milder climate, but a population of approximately 35,000 (similar in geography as St. Albert - though much more compact - and a bedroom community to Seattle). This was a very intricate branded wayfinding system that includes gateways, pole banners, visitor information kiosks, marquee signage at public facilities, pedestrian and vehicular wayfinding, etc. ECt 0R OA BO THELL LANDI City Hall B prN� L E UW Bothell BO THELL LANDI 4► Pop Keeney Stad. �► Blyth Park q► Main Street BOTHELL LANDING 8 DDI - Community Wayfinding Program Case History: Barrie, Ontario - 2011 City of Barrie, Ontario (population 125,000 an hour north of Toronto). The Wayfinding System included freeway exit directionals, downtown gateways, vehicular and pedestrian wayfinding for downtown Barrie. 1 1 1 R Five Po Marina Farmers Market City Hall Museum 1 Do uble Name Panel Ell 4 .� AP DDI - Community Wayfinding Program 9 Case History: Pittsburg, California 2008 Pittsburg, California, is located north of Oakland in Contra Costa County, at the mouth of the Sacramento River. The city encompasses 15.6 square miles and is home to approximately 62,500 residents, with a median age of 31 years and a median annual household income of $50,000. The City of Pittsburg has taken the lead in "rebranding "Pittsburg from a former less- than - stellar perception. The fruits of this effort have resulted in a significant amount of revitalization taking place downtown and at the Pittsburg marina. (Pitts buo I�arili a 10 ce Vita! r USA 7 w � 1 I aI Ir 0 ' K r , <rr ( PIltSbl(f(] 11J r 10 DDI -Community Wayfinding Program Case History: Moses Lake, Washington - 2009 Located in the Eastern Washington desert along the shores of Moses Lake, the city retained the Destination Development team to create a Community Branding, Development & Marketing Action Plan. The plan included a brand for the overall community, and brand assistance for its downtown including an extensive wayfinding system. or T v, • r+.M9+.9 UWn LAKETOWN I . LANDING rr � idsrounds Park r Aq..r (..1n LAlfj. Centennial I AswYN4..r« Theater • �1� A 7 57 r (��• � 1 nsis iw .��Y DDI -Community Wayfinding Program 11 Case History: Rock Springs, Wyoming - 2008 Rock Springs, Wyoming is located in the southwest corner of Wyoming, in Sweetwater County. The city encompasses 18.44 square miles and is home to approximately 28,000 residents, with a median age of 34 years and a median annual household income of $46,OOO.To assist in the city's revitalization efforts, Destination Development, Inc. was retained to help develop a detailed action plan for branding and marketing the City of Rock Springs, and to design a city -wide wayfinding system. 7M PTck S rt s PARKING YOMING AMW Crossroads Park Family Rec Center .• Club ChamberNisitor Info + Historic District s v w 7l i Contact Us Destination Development International y 6840 Fort Dent Way Suite 360 a Seattle, WA 98188 TheTeam@dditeam.co • " ° a info@dditeam.com www.dditeam.com I Destination Copyright O 2012 Destination Development International, Inc. All rights reserved. No part of this material maybe • • Development reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, International microfilming, recording, or otherwise without written permission from Destination Development International, Inc. ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 APRIL 10, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the April 17, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Bid Award to ROGNLIN'S INC. for the Eastside Beach Sewer Main Replacement 2. Bid Award for Service Agreement with S. VARICK MAINTENANCE for Landscape Maintenance and Service B. FULL PRESENTATION ITEMS 3. Briefing on Summer Passenger Only Ferry Service between Bremerton and Port Orchard (Information Only) 4. Proposed ordinance providing for the Issuance and Sale of two (2) Limited Tax General Obligation (LTGO) Bonds for the Parking System and Golf Course in the aggregate principal amount not to exceed $14,500,000; and delegating authority to Mayor or Director of Financial Services to approve the final terms of the Bonds 5. Proposed ordinance establishing a new Chapter 6.10 of the Bremerton Municipal Code (BMC) entitled “Abandoned Property Registration and Maintenance”; and proposed resolution amending the Community Development - Rate Table C establishing fines and penalties for failure to register and maintain abandoned properties C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing – Adam Brockus, Chair 2. Public Safety and Parks (PSP) Committee Briefing – Leslie Daugs, Chair 3. Discussion on 2014 Goals – Council President Wheeler 4. Other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION E. EXEMPT CLOSED SESSION – Update on "Labor Negotiations and Proceedings" per RCW 42.30.140(4)(b) – Becky Hasart, Financial Services Director Americans with Disabilities Act 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. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bid Award to Rognlin’s Inc. for the Eastside Beach Sewer Main Replacement Project Study Session Date: April 10, 2013 COUNCIL MEETING Date: April 17, 2013 Department: PW & U Presenter: Chal Martin/Tom Knuckey Phone: 473-5758 SUMMARY: The work to be completed under this contract consists of installing approximately 3000 feet of 24” diameter high density polyethylene (HDPE) pipe to replace the existing 20” asbestos- cement pipe located on the beach in East Bremerton. The existing 20” pipe was installed in 1947 and is scheduled for replacement. The existing pipe is also exposed at one location and shallow buried at other locations. Accomplishing the work requires coordination with permitting agencies. The contract will not be awarded until all necessary environmental permits have been issued to the City. There were eight (8) bids. Rognlin’s Inc was the lowest responsible, responsive bidder in the amount of $878,981.25 (which includes sales tax). ATTACHMENTS: 1. Council Summary; 2. Site Plan; 3. Agreement; and 4. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2013 Budget and is fully funded by wastewater rates. The budget amount is $1,250,000. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the bid for Eastside Beach Main Replacement from Rognlin’s Inc. in the amount of $878,981.25 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented upon receiving all necessary environmental permits. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Eastside Beach Main Replacement April 2013 Council Summary COUNCIL SUMMARY Eastside Beach Main Replacement April 2013 Background The wastewater conveyance system in East Bremerton consists of several pump stations, force mains, and gravity piping. The beach mains that convey sewage to the underwater mains that cross under the Port Washington Narrows to West Bremerton are a significant component of the wastewater system. The section of beach main between the Eastside Treatment Plant and the submarine mains was constructed in 1947 and is asbestos-cement pipe. This section is approximately 3000 feet in length and has nearly reached its expected lifespan. Additionally, the main is exposed at one location and is shallow buried (less than 1 foot) at other locations. Failure of the main, vandalism, or damage from beach debris could lead to significant wastewater spills in the Puget Sound, resulting in costly fines and repairs. Contract Summary The WORK to be completed under this contract consists of installing approximately 3000 feet of 24” diameter high density polyethylene (HDPE) pipe to replace the existing 20” asbestos-cement pipe. The work will occur on the beach and must be coordinated with the summer tide schedule, since in-water work is not allowed by the permitting agencies. The calendar dates and construction methods for work on the beach is also constrained by the respective permitting agencies in order to minimize disturbance of ESA-listed aquatic species. The new main is designed with improved flow characteristics and will have the capacity to convey existing and future flows. It should be noted that beach access points are limited in this area so there is an optional provision in the contract that will allow the contractor to occupy a portion of the Lions Field parking area and boat launch. In order to perform work on the beach, permits must be issued by Washington Department of Fish and Wildlife and the US Army Corps of Engineers. These permits are anticipated to be issued in late April. The contract is scheduled for conditional award on April 17; formal contract award will occur when the City receives the permits. Fiscal Summary The 2013 CIP budget includes $1,250,000 for installing the new beach main. The following table shows the budgeted costs for the project. The project is funded by wastewater rates. Cost Item Budgeted ($) Contractor $1,100,000 Engineering and Public Works Staff (Design, Support and Construction Management) $135,000 Professional Services $10,000 Other $5,000 TOTAL $1,250,000 Bids were opened on April 2, 2013. There were eight (8) bids. Rognlin’s Inc of Aberdeen, WA was the lowest responsible, responsive bidder in the amount of $878,981.25 (which includes sales tax). SITE PLAN EASTSIDE BEACH MAIN REPLACEMENT APRIL 2013 City of Bremerton March 2013 Eastside Beach Main Replacement CF-1 CONTRACT (page 1 of 3) THIS AGREEMENT is dated the day of in the year 2013 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled EASTSIDE BEACH MAIN REPLACEMENT ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 120 calendar days from the commencement date stated in the Notice to Proceed: Phase 1 (reference Section 1-04.12). Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,500 per day after the date of Substantial Completion. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton March 2013 Eastside Beach Main Replacement CF-2 CONTRACT (page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, o Performance Bond, o Payment Bond, o Standard Specifications, o Amendments to the Standard Specifications, o Special Provisions, o Appendices o Contract Plans, o Addenda numbers _____ to _____, inclusive. o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. City of Bremerton March 2013 Eastside Beach Main Replacement CF-3 _____________ Contractor Initials CONTRACT (page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bid Award for Service Agreement with S. Varick Maintenance for Landscape Maintenance and Service Study Session Date: April 10, 2013 COUNCIL MEETING Date: April 17, 2013 Department: PW&U Presenter: Chal Martin Phone: X 5758 SUMMARY: Requests for proposals were prepared, distributed and received in accordance with City of Bremerton bid procedures. Two bids were received. S. Varick Maintenance, Belfair was the qualified best bid at $2,285/month. The department requests approval of the Service Agreement for a period of three years, from May 1, 2013 to April 30, 2016, with an additional two, 2-year extensions with approval by the PW&U Director. ATTACHMENTS: Council Summary Agreement Bid proposal from S. Varick Maintenance FISCAL IMPACTS (Include Budgeted Amount): Funds are budgeted for the current budget year in Wastewater, Water Resources, Police and Public Works, and will continue to be budgeted thr ough the remaining term of the contract. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Service Agreement with S. Varick Maintenance and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 COUNCIL SUMMARY LANDSCAPE MAINTENANCE & SERVICES Landscape and maintenance service is currently required at eight (8) City facilities and properties. This Service Agreement will allow for Professional Landscape Maintenance & Services at many high traffic sites and sites with public visibility. The locations at which this agreement will cover are as follows: 1. Wastewater Lift Station CE-1, 1750 Park Ave. 2. Wastewater Lift Station SB-3, 3481 West Belfair Valley RD 3. Wastewater Lift Station CW-1, 2304 19th Street 4. Wastewater Lift Station KL-3, 1457 Cedarwood Drive 5. Eastside Treatment Plant, 2475 Stephenson Ave. 6. Police Department Headquarters, 1025 Burwell St. 7. UV Treatment Facility, 8601 West Belfair Valley RD 8. Public Works Operations Facility, 100 Oyster Bay Ave. All of these locations are either high visibility sites and/or have had extensive landscape designs and installation that require professional landscape maintenance and service. On March 5, 2013 requests for proposals were sent to five (5) local landscape maintenance & services providers. The proposal packet included the RFP cover letter, scope of work & duties and the bid proposal form. The landscape maintenance proposals were due on March 15, 2013 and we received two (2) bids, one (1) “No Bid” and two (2) “declined to bid”. The proposals that were received were reviewed and evaluated by City staff whose facilities are impacted by this service. After the review and discussion amongst City staff, the qualified best bid was chosen (S Varick Maintenance), as they are currently performing landscape services under City Contract #4947. The qualified best bid was S. Varick Maintenance, with a monthly total of $2,285.00. They currently are providing the landscape maintenance and services for the City. The new service term will begin on May 1, 2013 and will be for a period of three (3) years, with an additional two (2), two (2) year optional extensions, which will be negotiated by both parties following the City’s guidelines, and approved by the PW&U Director. Landscape Maintenance and Services Between the City of Bremerton & S. Varick Maintenance GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and S. Varick Maintenance ("Vendor"), whose mailing address is: 431 NE Blacksmith Drive, Belfair, WA 98528. The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: SCOPE: The vendor agrees to perform the services more specifically described in the scope of work and duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The scope of work and duties may be modified only pursuant to section 10.K of this agreement. If the scope of work and duties provides for unspecified additional services, such services shall only be performed upon the express written request of the city. Vendor further represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 2. TIME OF COMPLETION. The term of this agreement shall commence on May 1, 2013 and will terminate on April 30, 2016, unless terminated earlier pursuant to this agreement. The parties may enter into two extensions of two-year terms per extension upon mutual consent of the parties. 3. COMPENSATION. The City shall pay the Vendor in an amount not to exceed $2,500.00 per month. Vendor shall bill for services at the specific monthly rates, attached hereto as Exhibit B, Bid Proposal, which is incorporated by reference herein . Vendor shall submit regular billing statements describing work performed and amount charged for landscape maintenance and services. The descriptions shall conform to and fall within the categories set out in the Scope of Services. Upon receipt of a conforming billing statement, the City shall promptly process the payment. Vendor shall not perform work beyond the Scope of Services and Duties, nor shall vendor be compensated for such work, unless the Scope of Service and Duties or amount of compensation is modified pursuant to this Agreement. Vendor shall only be compensated for additional services if requested pursuant to Section 10.K and, if not otherwise provided, such compensation shall be in accordance with this Section. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve vendor of its obligations under this Agreement. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. Either party may terminate this agreement by 30-days written notice to the other party. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers for completion of this Agreement. Landscape Maintenance and Services Between the City of Bremerton & S. Varick Maintenance B. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. C. The Vendor's failure to complete with federal, state or local laws, rules or regulations. D. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the services required by this Agreement are completed and fully performed. 6. CHANGES. The City may issue a written change order for any change in the services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written cha nge order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral ord er from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City dete rmines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for Landscape Maintenance and Services Between the City of Bremerton & S. Varick Maintenance direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision i s applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) c alendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the informatio n set forth regarding protests in Section 6(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. 8. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent neglige nce of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Landscape Maintenance and Services Between the City of Bremerton & S. Varick Maintenance The provisions of this section shall survive the expiration or termination of this Agreement. 9. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, i ts agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $500,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 10. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Addenda, if any, 2. Contract, 3. Scope of Work & Duties (Exhibit A) 4. Bid Proposal (Exhibit B) Landscape Maintenance and Services Between the City of Bremerton & S. Varick Maintenance C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be limited to: 1. Scope of Work & Duties 2. Bid Proposal D. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religi on, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. E. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. G. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. H. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement. I. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn: Shawn Varick Attn: City Clerk Owner/Operator City of Bremerton S. Varick Maintenance 345 6th Street, Suite 600 431 Blacksmith Drive Bremerton, WA 98337 Belfair, WA 98528 J. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. K. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in Landscape Maintenance and Services Between the City of Bremerton & S. Varick Maintenance writing and signed by a duly authorized representative of the City and Vendor. L. Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. M. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. VENDOR: CITY: City of Bremerton By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: By: Bremerton City Attorney ATTEST: By: City Clerk R:\Legal\Legal\Contracts\PUBLIC WORKS\GSA Landscape Maint Services 2013 Agreement.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Summer Foot Ferry Service between Port Orchard and Bremerton (Information Only) Study Session Date: 4/10/13 COUNCIL MEETING Date: N/A Department: Executive Presenter: Patty Lent Phone: 473-5266 SUMMARY: Since 2009, the City along with Port Orchard and the Port of Bremerton, have subsidized the Foot Ferry Service between Port Orchard and Bremerton on Festival weekends and holidays. The last couple of years it has expanded to include every Sunday during the summer. Port Orchard wants to add service for Friday and Saturday nights and cut Sunday service to only festival days and holidays. The City of Port Orchard has budgeted $6,500 towards this service and is asking for each entity to contribute the same. The Port of Bremerton is agreeable to any arrangement as long as all three entities participate, and festival weekends and holiday service is preserved. They can contribute $5,500. The Mayor is agreeable to the Friday and Saturday night service if Sunday service from 10:30am to 2:30pm is preserved for our Sunday Market along with the festival weekends and holiday service. $6,500 is within our budgeted amount for this service. ATTACHMENTS: 2012 joint agreement FISCAL IMPACTS (Include Budgeted Amount): We have currently budgeted $7,900 for this service. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: N/A. The amount is budgeted, the dollar amount of the agreement is below Council approval threshold and the agreement is not an interlocal agency agreement. Administration is looking for direction from Council to proceed with an agreement in accordance with the Mayor’s terms. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _____ providing for the issuance and sale of two bonds (Parking System and Golf Course); and delegating authority to the Mayor or Director of Financial Services to approve final terms of the bonds Study Session Date: April 10, 2013 COUNCIL MEETING Date: April 17, 2013 Department: Financial Services Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: The City currently has outstanding a bond note (short term line of credit with Bank of America) in the amount of $8,910,000 for the purpose of refunding a revenue bond that was originally issued to finance the cost of constructing and equipping the Harborside parking garage. This line of credit was renewed in July 2011 for a two year term and is due July 29, 2013. The City can request an extension of the line of credit, but this would be temporary in nature and any related interest rates would be variable. Tax exempt fixed rate limited tax general obligation (LTGO) bonding is currently at historic lows. It is recommended that the City convert the line of credit to a fixed rate tax exempt LTGO bond. Because the amount of this bond is below $10 million, this bond would be eligible to be “Bank-Qualified.” The City currently also has outstanding a tax bearing, non-Bank Qualified, bond associated with our golf course in the amount of $5,058,000. Again, the non-Bank Qualified market interest rates are also at historic lows. Although the golf bonds do not mature until December 31, 2028, it is recommended that the City refund these bonds to take advantage of the favorable interest rate market. By doing so, it is estimated that the City can save over $562,000 during the life of this bond, dependent upon the actual interest rate that is set on the date of sale. Because the golf bond is not eligible to be Bank Qualified, this amount does not affect the eligibility of the parking bonds. The attached ordinance delegates to the Director of Financial Services the ability to set the date and rates for the final sale of both the parking bonds and the golf bonds. The ordinance sets the parameters under which this can occur. By doing this, the City can watch the market for any signs that the interest rates are starting to climb. If that were to happen, we can move quickly without being tied to a date certain based on Council meeting schedules. In addition, by timing both bonds for issuance at the same time, the City can realize some savings in its issuance costs (underwriting costs, legal costs, etc.) versus issuing these bonds on separate sale dates. ATTACHMENTS: Proposed Ordinance No. ____ providing for the issuance and sale of two series of LTGO bonds in the aggregate principal amount of not to exceed $14,500,000 and delegating authority to the Mayor or Director of Financial Services to approve final terms of the bonds. Page 3 and 6 from the March 26, 2013 DA Davidson report to the Finance Committee FISCAL IMPACTS (Include Budgeted Amount): The following numbers are estimates. Final amounts will be determined based on the interest rates set at time of sale and based on the bond rating issued by Moody’s (rating call is scheduled for April 11 or 12). Estimates anticipate a total debt savings of over $562,000 over the life of the refunded golf bonds. The present value of these savings in today’s dollars would be approximately $421,087 (PV factor of 3.052%). The refinanced bonds would not extend the life of the existing debt service, so debt service payments are within current budget authority. For the parking bonds, there is no estimated “savings” as this issue does not replace an existing bond. If the City did not refinance these bonds, we would have to either extend the line of credit (subject to a variable interest rate on the principal outstanding), or pay off the line of credit in full. Anticipated annual payments are similar in size to what was budgeted for the 2013 payment. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. _______ of the City of Bremerton, Washington, providing for the issuance and sale of two series of limited tax general obligation bonds in the aggregate principal amount of not to exceed $14,500,000 for the purpose of currently refunding certain outstanding debt, and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 51280852.3 CITY OF BREMERTON, WASHINGTON ORDINANCE NO. ______ AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance and sale of two series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,500,000 for the purpose of currently refunding certain outstanding debt, and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds. Passed April 17, 2013 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 51280852.3 TABLE OF CONTENTS Page Section 1. Definitions............................................................................................................... 1 Section 2. Recitals and Findings .............................................................................................. 3 Section 3. Debt Capacity.......................................................................................................... 4 Section 4. Purpose and Authorization of Bonds ...................................................................... 4 Section 5. Description of Bonds .............................................................................................. 4 Section 6. Bond Registrar; Registration and Transfer of Bonds .............................................. 5 Section 7. Form and Execution of Bonds ................................................................................ 6 Section 8. Payment of Bonds ................................................................................................... 6 Section 9. Redemption Provisions and Open Market Purchase of Bonds ............................... 7 Section 10. Failure To Redeem Bonds ...................................................................................... 8 Section 11. Pledge of Taxes ....................................................................................................... 8 Section 12. Tax Matters. ............................................................................................................ 9 Section 13. Refunding or Defeasance of the Bonds .................................................................. 9 Section 14. Bond Funds and Deposit of Bond Proceeds ......................................................... 10 Section 15. Undertaking to Provide Continuing Disclosure .................................................... 10 Section 16. Sale of Bonds ........................................................................................................ 13 Section 17. Official Statement ................................................................................................. 14 Section 18. Supplemental Ordinances ..................................................................................... 14 Section 19. General Authorization and Ratification ................................................................ 14 Section 20. Severability ........................................................................................................... 14 Section 21. Effective Date of Ordinance ................................................................................. 15 CITY OF BREMERTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance and sale of two series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,500,000 for the purpose of currently refunding certain outstanding debt, and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity. “Beneficial Owner” means the owner of any beneficial interests in the Bonds. “Bond Counsel” means a firm of lawyers nationally recognized and accepted as bond counsel and so employed by the City for any purpose under this ordinance applicable to the use of that term. “Bond Funds” means, together, the 2013A Bond Fund and the 2013B Bond Fund. “Bond Purchase Contract” means an agreement between the City and the Underwriter providing for the purchase of the Bonds by the Underwriter. “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. “Bond Registrar” means the Fiscal Agent. “Bonds” means, together, the 2013A Bonds and the 2013B Bonds. “City” means the City of Bremerton, Washington, a municipal corporation duly organized and existing under the laws of the State. “City Council” means the governing body of the City, acting in its legislative capacity. “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. 2 51280852.3 “Designated Representative” means the officer or employee of the City appointed in Section 16 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2) for purposes of accepting, on behalf of the City, an offer to purchase the Bonds on terms consistent with this ordinance and the parameters set forth herein. “DTC” means The Depository Trust Company, New York, New York. “Fiscal Agent” means the fiscal agent of the State, as the same may be designated b y the State from time to time. “Issue Date” means the date of initial delivery of the Bonds to the Underwriter. “Letter of Representations” means the Blanket Issuer Letter of Representations dated November 19, 1997, between the City and DTC, as it may be amended from time to time. “MSRB” means the Municipal Securities Rulemaking Board. “Note” means the Limited Tax General Obligation Bond Anticipation Note, 2011, in the principal amount not to exceed $9,675,000, issued pursuant to the Note Ordinance. “Note Fund” means the “Limited Tax General Obligation Bond Anticipation Note Fund” created by the Note Ordinance. “Note Ordinance” means Ordinance No. 5152 authorizing the issuance of the Note. “Owners” means, without distinction, the Registered Owner(s) and the Beneficial Owner(s). “Registered Owner” means the person in whose name a Bond is registered on the Bond Register. For so long as the City utilizes the book–entry system for the Bonds under the Letter of Representations, Registered Owner shall mean DTC. “Revenues of the Golf Course” means all the earnings and revenue received by the Gold Mountain Golf Complex from any source whatsoever, except general ad valorem taxes, grants from the state or federal governments and bond proceeds. “Revenues of the Parking Garage” means all the earnings and revenue received by the parking facility associated with the Kitsap Regional Conference Center from any source whatsoever, except general ad valorem taxes, grants from the state or federal governments and bond proceeds. “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. “SEC” means the United States Securities and Exchange Commission. “State” means the State of Washington. 3 51280852.3 “Term Bonds” mean those Bonds of any principal maturity that are subject to mandatory redemption or for which mandatory sinking fund payments are required. “2009 Bond” means the City’s Limited Tax General Obligation Bond, 2009 issued pursuant to the 2009 Bond Ordinance. “2009 Bond Ordinance” means Ordinance No. 5087 authorizing the issuance and purchase of the 2009 Bond. “2013A Bond Fund” means the Limited Tax General Obligation Refunding Bond Fund, 2013A, created by this ordinance for the payment of the 2013A Bonds. “2013A Bonds” means the Limited Tax General Obligation Refunding Bonds, 2013A, authorized to be issued by this ordinance. “2013B Bond Fund” means the Limited Tax General Obligation Refunding Bond Fund, 2013B (Taxable), created by this ordinance for the payment of the 2013B Bonds. “2013B Bonds” means the Limited Tax General Obligation Refunding Bonds, 2013B (Taxable), authorized to be issued by this ordinance. “Undertaking” means the continuing disclosure agreement set forth in Section 15 of this ordinance. “Underwriter” means D.A. Davidson & Co. of Seattle, Washington. Section 2. Recitals and Findings. (a) Pursuant to the 2009 Bond Ordinance, the City issued and the Sewer Fund of the City purchased the 2009 Bond for the purpose of refunding certain limited tax general obligation bonds originally issued to finance certain improvements to the City’s Mountain Golf Complex. The 2009 Bond is currently outstanding in the principal amount of $5,058,000 and matures on December 31, 2028. The City reserved the right to prepay the Bond in whole or in part at any time. (b) Pursuant to the Note Ordinance, the City issued the Note for the purpose of refunding certain revenue bonds originally issued to finance the costs of constructing and equipping a parking garage. The Note is currently outstanding in the principal amount of $8,910,000 and matures on July 29, 2013. The City reserved the right to prepay the Note in whole or in part at any time by paying the principal amount thereof to be prepaid together with accrued interest to the date of prepayment. (c) After due consideration, it appears to the City Council that the Note may be repaid by the issuance and sale of the 2013A Bonds. The City Council also determines that the 2009 Bond may be prepaid by the issuance and sale of the 2013B Bonds. (d) The City Council deems it to be in the best interests of the City to issue and sell the 2013A Bonds to pay the costs of repaying the Note and the costs of issuance and sale 4 51280852.3 of the 2013A Bonds, and to issue and sell the 2013B Bonds to pay the costs of prepaying the 2009 Bond and the costs of issuance and sale of the 2013B Bonds. Section 3. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2013 is $2,394,781,600. (a) As of March 1, 2013, the City had outstanding general indebtedness as follows: (i) Limited tax general obligation bonds, notes and conditional sales contracts outstanding in the principal amount of $22,978,000, which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes. (ii) Unlimited tax general obligation bonds outstanding in the principal amount of $9,775,000. The debt described in this paragraph is incurred with the approval of the requisite number of the City’s qualified voters, within the limit of up to 2½% of the value of the taxable property within the City for general municipal purposes (when combined with the outstanding limited tax general obligation indebtedness). (b) The maximum amount of indebtedness authorized by this ordinance is $14,500,000 and is issued within the limitation permitted for general municipal purposes withou t a vote. Section 4. Purpose and Authorization of Bonds. Pursuant to the parameters described in Section 16, the City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing that indebtedness in two series, in the aggregate principal amount of not to exceed $14,500,000. The 2013A Bonds shall be issued in the principal amount of not to exceed $9,150,000 for the purpose of repaying the Note and paying the costs of issuance of the 2013A Bonds. The 2013B Bonds shall be issued in the principal amount of not to exceed $5,350,000 for the purpose of prepaying the 2009 Bond and paying the costs of issuance of the 2013B Bonds. Section 5. Description of Bonds. The 2013A Bonds shall be called the City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2013A, and the 2013B Bonds shall be called the City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2013B (Taxable). The Bonds shall be dated the Issue Date; shall be in Authorized Denominations; and shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification. The Bonds shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable semiannually to the maturity or earlier redemption of the Bonds; and shall mature in the years and amounts and bear interest at the rates per annum as shall be determined pursuant to Section 16. 5 51280852.3 Section 6. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. (b) Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each of the Bonds held by each Registered Owner. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on the Bonds. The Bond Registrar may become either a Registered or Beneficial Owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same series, interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. (c) DTC and the Book Entry System. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC. The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to Registered Owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC). For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder and all references to Registered Owners, bondowners, bondholders or the like shall mean DTC or its nominee and, except for the purpose of the City’s undertaking herein to provide continuing disclosure, shall not mean the Beneficial Owners. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the s ervices 6 51280852.3 proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository’s successor; or (iii) to any person if the Bonds are no longer held in immobilized form. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form. Section 7. Form and Execution of Bonds. The Bonds shall be prepared in a form consistent with the provisions of this ordinance and State law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate Of Authentication. This Bond is one of the fully registered City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2013[A/B (Taxable)], described in the Bond Ordinance.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. If any officer whose manual or facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her manual or facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. Section 8. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest o n the Bonds shall be made in the manner set forth in the Letter of Representations. If the Bonds cease to be in book-entry-only form, interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the Registered Owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date or by electronic transfer on the interest payment date. The City shall not be required to make 7 51280852.3 electronic transfers except to a Registered Owner of Bonds pursuant to a request in writing (and at the sole expense of that Registered Owner) received at least 10 days before an interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Registered Owners to the Bond Registrar. Section 9. Redemption Provisions and Open Market Purchase of Bonds. (a) Optional Redemption. The Designated Representative may designate certain maturities of the Bonds as being subject to redemption at the option of the City prior to their respective maturities at the prices set forth in the Bond Purchase Contract. The Designated Representative may also designate certain maturities of each series of the Bonds as not being subject to redemption prior to maturity. Notwithstanding the foregoing provisions of this subsection, if the final maturity of a series of Bonds is more than 10½ years after the Issue Date, the Bonds of such series then outstanding shall be subject to optional redemption on at least one date that occurs less than 10½ years after the Issue Date. (b) Mandatory Redemption. The Designated Representative may approve the designation of certain maturities of the Bonds as Term Bonds. (c) Partial Redemptions. Portions of the principal amount of any Bond, in any Authorized Denomination, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. (d) Selection of Bonds for Redemption. If fewer than all of the outstanding Bonds within a maturity are to be redeemed prior to maturity, Bonds shall be selected for redemption randomly within a maturity in such manner as the Bond Registrar shall determine. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations. (e) Notice of Redemption. While the Bonds are held by DTC in book-entry only form, any notice of redemption shall be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption. If the Bonds cease to be in book-entry only form unless waived by any Registered Owner of the Bonds to be redeemed, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Registered or Beneficial Owner of any Bond. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice 8 51280852.3 of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB, consistent with the Undertaking, to any nationally recognized rating agency which at the time maintains a rating on the Bonds at the request of the City, and to such other persons and with such additional information as the Director of Financial Services shall determine, but these additional mailings shall not be a condition precedent to t he redemption of Bonds. (f) Effect of Redemption. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above. (g) Open Market Purchase. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. (h) Cancellation of Bonds. All Bonds purchased or redeemed under this section shall be canceled. Section 10. Failure To Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or date set for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturi ty or date set for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Funds and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. (a) General Pledge. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually, within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City, on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds. The full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. (b) Revenues of the Parking System. In addition to the pledge of property taxes, the City hereby pledges the Revenues of the Parking System to the payment of the 2013A Bonds. (c) Revenues of the Golf Course. In addition to the pledge of property taxes, the City hereby pledges the Revenues of the Golf Course to the payment of the 2013B Bonds. 9 51280852.3 Section 12. Tax Matters. (a) Preservation of Tax Exemption for Interest on 2013A Bonds. The City covenants that it will take all actions necessary to prevent interest on the 2013A Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the 2013A Bonds or other funds of the City treated as proceeds of the 2013A Bonds at any time during the term of the 2013A Bonds which will cause interest on the 2013A Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the 2013A Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the 2013A Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the 2013A Bonds from being included in gross income for federal income tax purposes. (b) Designation of 2013A Bonds as “Qualified Tax-Exempt Obligations.” The City has determined and certifies that (a) the 2013A Bonds are not “private activity bonds” within the meaning of Section 141 of the Code; (b) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the 2013A Bonds are issued will not exceed $10,000,000; and (c) the amount of tax-exempt obligations, including the 2013A Bonds, designated by the City as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000. The City designates the 2013A Bonds as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to the laws of the State or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then- outstanding Bonds (hereinafter collectively called the “defeased Bonds”) and to pay the costs of the refunding or defeasance. If money and/or “government obligations” (as defined in chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the “trust account”), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. The Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to b e given to the owners of the 10 51280852.3 defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Section 14. Bond Funds and Deposit of Bond Proceeds. (a) 2013A Bond Fund. The 2013A Bond Fund is hereby created and established in the office of the Director of Financial Services as a special fund designated the Limited Tax General Obligation Refunding Bond Fund, 2013A, for the purpose of paying principal of and interest on the 2013A Bonds. All taxes, Revenues of the Parking Garage and other amounts allocated to the payment of the principal of and interest on the 2013A Bonds shall be deposited in the 2013A Bond Fund. (b) 2013B Bond Fund. The 2013B Bond Fund is hereby created and established in the office of the Director of Financial Services as a special fund designated the Limited Tax General Obligation Refunding Bond Fund, 2013B (Taxable), for the purpose of paying principal of and interest on the 2013B Bonds. All taxes, Revenues of the Golf Course and other amounts allocated to the payment of the principal of and interest on the 2013B Bonds shall be deposited in the 2013B Bond Fund. (c) 2013A Bond Proceeds. Proceeds of the 2013A Bonds shall be deposited in the Note Fund and used on the Issue Date to repay the Note and pay the costs of issuing the 2013A Bonds. Proceeds of the 2013A Bonds remaining after repayment of the Note and costs of issuing the 2013A Bonds shall be deposited in the 2013A Bond Fund and used to pay debt service on the 2013A Bonds. (d) 2013B Bond Proceeds. Proceeds of the 2013B Bonds shall be used on th e Issue Date to prepay the 2009 Bond and pay the costs of issuing the 2013B Bonds. Proceeds of the 2013B Bonds remaining after prepaying the 2009 Bond and costs of issuing the 2013B Bonds shall be deposited in the 2013B Bond Fund and used to pay debt service on the 2013B Bonds. Section 15. Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds, the City makes the following written Undertaking for the benefit of Beneficial Owners of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: 11 51280852.3 (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section (“annual financial information”); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non- payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (b) of this section. (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection (a) of this section: (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to State local governmental units such as the City, as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided; (2) outstanding general obligation bonds; (3) assessed valuation for the fiscal year; (4) regular property tax levy rate and regular property tax levy rate limit for the fiscal year; and (5) general fund revenues from other major tax sources; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending 12 51280852.3 December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2013; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any Beneficial Owner of Bonds, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any Beneficial Owner of a Bond shall be to take such actions as that Beneficial Owner deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. (g) Designation of Official Responsible to Administer Undertaking. The Director of Financial Services of the City (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; 13 51280852.3 (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2-12; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking. Section 16. Sale of Bonds. The City Council has determined that it is in the best interest of the City to appoint the Mayor and the Director of Financial Services as the Designated Representative, both with individual authority to approve the final principal amount, dates, denominations, interest rates, payment dates, maturity dates, and redemption provisions of the Bonds, in the manner provided herein, provided that: (a) The aggregate principal amount of the 2013A Bonds shall not exceed $9,150,000 and the aggregate principal amount of the 2013B Bonds shall not exceed $5,350,000. (b) One or more rates of interest may be fixed for the Bonds, and no rate of interest for any maturity of the Bonds may exceed 5.00%. (c) The combined true interest cost to the City may not exceed 4.40% for the 2013A Bonds or 4.15% for the 2013B Bonds. (d) The purchase price for each series of Bonds may not be less than 98%. (e) The Bonds shall be issued subject to optional and mandatory redemption provisions, including designation of Term Bonds, if any, set forth in Section 9. (f) The Bonds shall be dated as of the date of their delivery, which date and time for the issuance and delivery of the Bonds is not later than December 31, 2013. (g) Interest shall be payable at fixed rates semiannually on each June 1 and December 1 and principal shall be payable semiannually. (h) The final maturity of the 2013A Bonds shall not be later than December 1, 2036, and the final maturity of the 2013B Bonds shall not be later than December 1, 2028. (i) The Designated Representative is also authorized to take such additional action as may be necessar y or convenient for carrying out the repayment of the Note, the prepayment of the 2009 Bond and issuing the Bonds pursuant to the terms of this ordinance. 14 51280852.3 It is anticipated that the Underwriter will present the Bond Purchase Contract to the City offering to purchase the Bonds. Pursuant to the terms of RCW 39.46.040(2), the Designated Representative is hereby authorized to serve as the designated representative of the City and to accept, on behalf of the City, the Bond Purchase Contract consistent with the terms of this ordinance. The Bonds will be prepared at City expense and will be delivered to the Underwriter in accordance with the Bond Purchase Contract, with the approving legal opinion of Bond Counsel regarding the Bonds. Section 17. Official Statement. For the sole purpose of the Underwriter’s compliance with paragraph (b)(1) of Rule 15c2-12, the City authorizes the Designated Representative to “deem final” a preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12 and ratifies the distribution by the Underwriter of that preliminary official statement to potential purchasers of the Bonds. In addition, the City authorizes and approves the preparation, execution by the Designated Representative and delivery to the Underwriter of a final official statement for the Bonds, in the form of the preliminary official statement, with such modifications and amendments thereto as shall be deemed necessary or desirable by the City. The City authorizes the Designated Representative to approve the distribution by the Underwriter of that final official statement to potential purchasers and purchasers of the Bonds. Section 18. Supplemental Ordinances. The City Council from time to time and at any time may pass an ordinance or ordinances supplemental to this ordinance which supplemental ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more of the following purposes: (a) To add covenants and agreements that do not adversely affect the interests of the holders and owners of the Bonds, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the holders and owners of the Bonds. Section 19. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City and other appropriate officers of the City are severall y authorized and directed to take any actions and to execute documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this ordinance and the Bond Purchase Contract (including everything necessary for the prompt delivery of the Bonds to the Underwriter and for the proper application, use and investment of the proceeds of the sale thereof), and all actions heretofore taken in furtherance thereof and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 20. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as 15 51280852.3 to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offen ding provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 21. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Bremerton, Washington, at an open public meeting thereof, this 17th day of April, 2013. CITY OF BREMERTON, WASHINGTON Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on April 17, 2013, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City’s official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____________, 2013. CITY OF BREMERTON, WASHINGTON _____________________________________ City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. establishing a new Chapter 6.10 of the Bremerton Municipal Code (BMC) entitled “Abandoned Property Registration and Maintenance”; and Resolution No. amending the Community Development - Rate Table C establishing fines and penalties for failure to register and maintain abandoned properties Study Session Date: April 10, 2013 COUNCIL MEETING Date: April 17, 2013 Department: DCD Presenter: Andrea L. Spencer Phone: 360.473.5283 SUMMARY: The city has numerous vacant properties, many of which are at of some stage of foreclosure. These properties often have an adverse impact on the livability of Bremerton’s neighborhoods. It has been shown that vacant abandoned properties lead to increased crime rates, and have a deleterious impact on adjacent properties. The City Council has made it a priority to adopt regulations that aid in reducing the impact of these vacant abandoned properties, and to this end staff has developed an ordinance that addresses abandoned properties. The proposed ordinance requires the following:  Abandoned properties (a property that is not legally occupied, and subject to foreclosure or in foreclosure status) must be registered with the City,  Registration must identify a local (Kitsap County) property manager who can resolve issues on the site,  Property manager must conduct monthly inspections to ensure code compliance, and  Property manager’s name and 24-hour contact information must be posted on the site. ATTACHMENTS: 1) Proposed Ordinance establishing an “Abandoned Property Registration and Maintenance.” 2) Proposed Resolution establishing fines and penalties for failure to register, inspect, maintain, or secure an abandoned property. FISCAL IMPACTS (Include Budgeted Amount): The ordinance is scheduled to take effect on August 1, 2013. The ordinance allows registration free of charge, and the proposed resolution establishes fines and penalties for non-compliance with the code. It is expected that the registration process for abandoned properties will be completed online, and will therefore have minimal impact on staffing. It is unknown how many fines and penalties will be levied for non-compliance with the ordinance. However, those revenues that are generated can be used to support the code enforcement abatement fund. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. __________ establishing a new chapter, Chapter 6.10 of the Bremerton Municipal code entitled “Abandoned Property Registration and Maintenance.” Move to adopt Resolution No. __________, amending the Community Development – Rate Table C fees to establish abandoned properties fines and penalties. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Abandoned Property Registration & Maintenance ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting a new chapter, Chapter 6.10 of the Bremerton Municipal code entitled “Abandoned Property Registration and Maintenance.” WHEREAS, the City Council believes vacant properties which have been foreclosed, are pending foreclosure or are subject to foreclosure have an adverse and deleterious impact on the vitality and livability of the areas in which they are located and on the general well-being of the City and its residents; and WHEREAS, the City Council has been informed that significant numbers of vacant properties which have been foreclosed, are pending foreclosure or are subject to foreclosure in Bremerton are owned and/or controlled by entities and/or individuals outside the Bremerton area and as such, those entities and individuals may be reluctant to voluntarily incur the cost and expense of adequately maintaining those properties to the standard found in the areas surrounding the property; and WHEREAS, the City Council believes it necessary that certain registration and maintenance requirements be imposed on the owners and lenders of abandoned and vacant real property in order to minimize, if not eliminate, some of the adverse effects those properties have on the City and its residents; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 6.10 of the Bremerton Municipal Code entitled "Abandoned Property Registration and Maintenance" is hereby adopted to read as follows: CHAPTER 6.10 ABANDONED PROPERTY REGISTRATION AND MAINTENANCE 6.10.010 PURPOSE It is the purpose and intent of the Bremerton City Council, through the adoption of this chapter, to establish an abandoned real property registration program as a mechanism (1) to protect the community from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties; and (2) to help eliminate the danger to persons and property created by abandoned and vacant properties that are not properly secured and maintained. Abandoned properties are deemed to be a public nuisance. This chapter requires that abandoned properties be properly maintained by the owners, lenders and other responsible persons. Through the registration process, lenders who have an interest in real property within the City that are vacant and have been abandoned by the owners are required to maintain and secure these properties. 2 Abandoned Property Registration & Maintenance 6.10.020 DEFINITIONS For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a property that is vacant and 1) is under a current notice of default and/or notice of trustee's sale; 2) is the subject of a pending tax assessor's lien sale; 3) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or 4) has been transferred under a deed in lieu of foreclosure/sale. "Accessible" means a property that is accessible through a compromised/ breached gate, fence, wall, or similar condition or a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. "Beneficiary" means a lender or holder of a note secured by a deed of trust. “Borrower” means any owner as defined in this section who becomes obligated on a real estate loan agreement, either directly or indirectly, and includes, but is not limited to, mortgagors, vendees under conditional land sales contracts and grantors under trust deeds. “City” means City of Bremerton. "Days" means consecutive calendar days. "Deed of Trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in Washington instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed or third trust deed. "Deed in lieu of foreclosure/sale" means a recorded document that transfers ownership of property from the borrower to the lender in lieu of foreclosure including, but not limited to, a trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary, or conditional. “Director” means the Director of Community Development or authorized designate thereof. "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities, accumulation of trash, junk, and/or debris; statements by neighbors, passersby, delivery agents, or government employees that the property is vacant; and for residential properties, the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation. "Foreclosure" means the foreclosure process by which a property, placed as security for a real estate loan, is sold at auction, deed of trust foreclosure or a judgment is obtained to satisfy the debt if the borrower defaults. “Lender” means any person who makes, extends, or holds a real estate loan agreement and includes, but is not limited to, mortgagees; beneficiaries under deeds of trust; underwriters under deeds of trust; vendors under conditional land sales contracts; trustees and a successor in interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the property. The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu of foreclosure. “Local” means within Kitsap County. 3 Abandoned Property Registration & Maintenance "Notice of Default" means a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means outside Kitsap County. “Owner” means any natural person, partnership, association, corporation or other entity having legal title in real property including any borrower as defined in this section. "Property" means any unimproved or improved, residential or commercial real property, or portion thereof, situated in the City, and includes the buildings or structures located on the property regardless of condition. "Responsible person" means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including, but not limited to an owner, borrower, and lender as defined in this section. "Securing" or “Secure” means such measures as may be directed by the Director that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates and the repair, replacement or boarding of doors, windows, and/or other openings. "Trustee" means the person, partnership, firm, corporation, or other entity holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a subject property that is not legally occupied. 6.10.030 ADMINISTRATION. This chapter shall be administered by the Department of Community Development by its Director, or his or her designee, who shall promulgate procedures to administer the registration, maintenance, security and related provisions as authorized in this chapter. Appropriate fees for services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3.01 BMC. 6.10.040 MAINTENANCE AND REISTRATION REQUIREMENTS. Abandoned properties shall be properly maintained and secured as required by this chapter by the owners, lenders and other responsible persons as defined in Section 6.10.010 above. Lenders who have an interest in real property within the City that are vacant and have been abandoned are required to register abandoned properties with the City pursuant to Section 6.10.060 below. 6.10.050 RESPONSIBLE PERSON - LOCAL PROPERTY MANAGER. (a) Responsible Person. When any act is required under this chapter involves more than one lender or other responsible person as defined in Section 6.10.010 above, both or all are responsible for performing such act and may be charged with a violation of this Code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, then both must provide such information. (b) Local Property Manager. If the lender or other responsible person is a corporation and/or out of area lender/owner, that responsible person shall retain a local property manager authorized to take the appropriate steps to comply with the requirements of this chapter. 4 Abandoned Property Registration & Maintenance 6.10.060 LENDER INSPECTION AND REGISTRATION. (a) Initial Inspection Upon Default. Any lender who holds a security interest on a property located within the City shall perform an initial inspection of the property upon default by the borrower prior to initiating foreclosure proceedings such as posting a notice of default or initiating other applicable proceedings to begin the foreclosure process. This inspection shall be performed within fourteen (14) calendar days of default. This inspection shall be to determine whether the property is vacant. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the lender shall, within fourteen (14) calendar days from the date of the inspection, register the property with the Director on forms or in the manner provided by the City. (b) Defaults Prior to August 1, 2013. Any lender who holds a security interest on a property located within the City, and which property as of August 1, 2013, 1) is under a current notice of default; 2) is under a current notice of trustee's sale; 3) is the subject of a pending tax assessor's lien sale; 4) has been the subject of a foreclosure where the title was retained by the beneficiary of the deed of trust involved in the foreclosure; or 5) was transferred under a deed in lieu of foreclosure/sale, shall perform an inspection of the property to determine whether the property is vacant. This inspection shall be performed by August 15, 2013. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned, and the lender shall, within fourteen (14) calendar days from the date of the inspection, register the property with the Director on forms or in the manner provided by the City. (c) Registration Contents. Each registration shall contain the following: (1) Information for both the beneficiary and trustee: name (corporation or individual); (2) The street/office address (not a post office box) and, if different, the mailing address; (3) A direct contact name (corporation or individual); (4) A direct contact name and phone number for the person handling the foreclosure; and (5) In the case of a corporation or out of area lender, the telephone number and other contact information of local property manager/management company responsible for the inspections, maintenance and security of the property. (d) Registration Fee and Other. (1) There shall be no fee for the annual registration. (2) The registration shall be valid for one calendar year following the date on which registration is initially due to the City. Subsequent registrations are required and due each year thereafter on the anniversary of the due date of the initial registration until such time as the property is transferred or becomes legally occupied. (3) Lenders required to register properties pursuant to this chapter shall keep such properties registered and all required information updated, and comply with all the security and maintenance requirements of this chapter for the entire time such properties remain vacant. (4) When properties required to be registered become occupied or title is transferred, the prior lender shall notify the Director in writing within fourteen (14) calendar days of the occupancy or transfer. (5) Any lender required to register a property pursuant to this chapter shall report any change of information contained in the registration within fourteen (14) calendar days of the change. 5 Abandoned Property Registration & Maintenance (6) Inspections conducted pursuant to this chapter are intended only for the purposes set forth in this chapter and not for purposes of triggering disclosure obligations to potential real property purchasers. 6.10.070 MONTHLY INSPECTIONS. (a) The property shall be inspected on a monthly basis to determine whether or not the property is vacant and whether or not the maintenance, security and other requirements of this chapter and any other applicable laws are being met. (b) If a property is occupied, but remains in default, it shall be inspected by the lender, or an agent/designee of the lender, monthly to determine whether the property is vacant until 1) the borrower or other party remedies the default; or 2) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or another lender; or 3) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the lender shall, within fourteen (14) calendar days of that inspection, register the property with the Director on forms or in the manner provided by the City. (c) The property shall continue to be inspected after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure, or the underwriter of the deed of trust, or any other person or entity who held a security interest in the property, and any property transferred under a deed in lieu of foreclosure/sale. If upon inspection the property is found to be vacant, it is hereby deemed abandoned and must be registered within fourteen (14) calendar days as required in this chapter. (d) These inspections shall be reported to the City as required by the Director. 6.10.080 MAINTENANCE REQUIREMENTS. (a) Responsible persons shall maintain and keep properties free of conditions including, but not limited to; (1) Weeds, dry brush, dead vegetation, trash, junk, debris, building materials and junk vehicles, (2) Accumulation of newspapers, circulars, flyers, notices (except those required by federal, state, or local law), discarded personal items including, but not limited to, furniture, clothing, large and small appliances, or printed material, including, but not limited to, the following: (3) Graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure. (b) Responsible persons shall; (1) Maintain yards in accordance with City requirements and standards. (2) Secure ponds, pools and hot tubs and ensure that they do not become a public nuisance, and (3) Take any other action necessary to prevent giving the appearance that the property is abandoned (c) Additionally, responsible persons shall maintain properties pursuant to the requirements of Chapter 17.04 BMC, the City Building Code, Chapter 18.02 BMC, the City Fire Code, Chapter 9.92 BMC, Chronic Nuisance Properties, Title 6 BMC, Health and Sanitation and/or any other applicable City code or state law. 6 Abandoned Property Registration & Maintenance 6.10.090 SECURITY AND POSTING REQUIREMENTS. (a) Securing and Boarding. All properties subject to registration shall be secured and boarded as applicable to prevent access by unauthorized persons, including, but not limited to, the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening of such size that it may allow a child or any other person to access the interior of the property and or structure(s). Material used for boarding shall be painted with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure. (b) Posting. The property shall be posted with name and twenty-four (24) hour contact phone number of the local property manager. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches, and shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain, along with the name and a twenty-four (24) hour contact number, the words; ''THIS PROPERTY MANAGED BY [insert name] ", and "TO REPORT PROBLEMS OR CONCERNS CALL [insert local telephone number]." (c) The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street, or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of, and printed with, weather resistant materials. (d) Vacant properties that are, (1) not abandoned as defined in Section 6.10.010, (2) boarded up and/or subject to other similar security as identified in this section, and (3) subject to pending code enforcement by the City, shall comply with the local property manager requirements of Section 6.10.050 (b) and the posting and security requirements of this section. 6.10.100 TIME TO REMEDY FOLLOWING INSPECTION. The lender or other responsible person shall have fourteen (14) calendar days to remedy any defects found following any inspection required by this chapter, except that, the lender or other responsible person shall have fourteen (14) calendar days from the date of registration to remedy any defects found during the initial inspection set forth in Subsections 6.10.060 (a) or (b) above to meet the registration, inspection, maintenance, and security obligations of this chapter, unless otherwise extended by the Director at his or her sole discretion. 6.10.110 ADDITIONAL MAINTENANCE AND SECURITY. In addition to the enforcement remedies established in this chapter and applicable City Code, the Director shall have the authority to require any responsible person of any abandoned property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any/all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, disconnecting utilities, or any other measures as may be reasonably calculated to 7 Abandoned Property Registration & Maintenance arrest the decline of the property, prevent unauthorized entry, and/or ensure maintenance of the property in accordance with this code. 6.10.120 ENFORCEMENT. (a) In the event the Director believes lender or other responsible person has failed to meet the registration, inspection, maintenance, and security obligations of this chapter, the Director shall send notice of said failure to the responsible person at the address listed on the tax rolls of the County or at such other address as may be known to the Director. The notice shall set out the nature of the failure(s) to be corrected and shall give the responsible person within fourteen (14) calendar days from the date of the notice to correct them unless an imminent danger exists in which case the responsible person shall take immediate action to cure the condition creating the imminent danger. In the event the lender or other responsible person fails to remedy the matters within the time set out in the notice (or make, in the view of the Director, adequate arrangements otherwise) the City may seek enforcement pursuant to Section 6.10.130 below. (b) Violations of this chapter constitute a public nuisance and may by enforced, in addition to the provisions of this chapter, pursuant to Chapter 17.04 BMC, the City Building Code, Chapter 18.02 BMC, the City Fire Code, Chapter 9.92 BMC, Chronic Nuisance Properties, Title 6 BMC, Health and Sanitation and/or any other applicable City code or state law. 6.10.130 VIOLATION – PENALTY. (a) Penalty. Any person, firm or entity who fails to register and perform the required inspections, maintenance and/or security as required herein shall be subject to a penalty as set forth in Chapter 3.01 BMC. (b) Code Enforcement. In addition any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.04 BMC, for which a monetary penalty may be assessed and abatement may be required as provided therein. (c) Misdemeanor. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). SECTION 2. Effective Date of Provisions. The provisions of Section 1 of this ordinance shall take effect and be in force August 1, 2013. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 8 Abandoned Property Registration & Maintenance PASSED by the City Council the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\Abandoned Property Registration\Abandoned Property Registration and Maintenance - 2013.doc 2013 Rates and Fees – Rate Table C RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing fines and penalties regarding abandoned properties. WHEREAS, the City Council desires to amend Community Development - Rate Table C to establish fines and penalties relating to abandoned properties; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Rate Table amended. Fines and penalties set forth in Community Development - Rate Table C as established by Resolution No. 3185 are hereby amended and reestablished herein by this Resolution by adding a new section 7 entitled “Abandoned Properties Fines & Penalties” and making certain corrections to Exhibit 1 of Rate table C as set forth in the amended Community Development - Rate Table C, attached hereto and incorporated herein by reference. SECTION 2. Effective Date of Section 1. The establishment of fines and penalties set forth in Section 1 above shall be effective August 1, 2013. SECTION 3. Severability. If any one 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 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution amending Rate Table C.doc COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. _______ C. DEPARTMENT OF COMMUNITY DEVELOPMENT RATE 1. SUBDIVISIONS Preliminary Short $1000 + $150 per lot Preliminary Formal Plat/Binding Site Plan $2500 + $150/lot (1-100 lots) $100/lot (101-200 lots) $75/lot (201 + lots) Final Short $630 + $40/lot Final Formal Plat/Binding Site Plan $945 + 40/lot 2. SHORELINE MASTER PROGRAM Substantial Development Permit $1,300 Conditional Use Permit – Type II $850 Conditional Use Permit – Type III $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320 Environmental Impact Statement Review/Adoption $650 + additional cost of expertise 4. APPEAL (to Hearing Examiner) $350 5. PRE-APPLICATON CONFERENCE $100 6. ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost Garbage & Weed $640 + Direct Service and Supply Cost 7. ABANDONED PROPERTIES FINES & PENALTIES Failure to Register $1,000 + $100 per day Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day 78. BUILDING PERMIT FEES Refer to Exhibit 1 89. PLAN REVIEW FEE 65% of the building permit fee as set forth in Exhibit 1 910. ESTABLISHED “BASIC” PLAN REVIEW Pursuant to DCD policy 50% of Plan Review Fee COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. _______ RATE 1011. MECHANICAL PERMIT FEES Residential Refer to Exhibit 2 Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 1112. PLUMBING PERMIT FEES Residential Refer to Exhibit 3 Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 1213. GRADING PERMIT AND PLAN REVIEW FEES Refer to Exhibit 4 1314. ZONING ORDINANCE Ordinance Amendments Text $740 Rezone (Map Amendment) $740 Variance Administrative $325 Public Hearing/Single Family $500 Public Hearing/Other $1750 Development Agreements $1600 Conditional Use Permit Single Family Residential Type II $350 Single Family Residential Type III $500 Commercial / Non-Residential / Multifamily – Type II $850 Commercial / Non-Residential / Multifamily – Type III $1750 Non-Conforming Use Determination $275 Director’s Code Interpretation $175 1415. COMPREHENSIVE PLAN Text or Map Amendment $1500 Combined Text and Map Amendment $2500 1516. SITE PLAN REVIEW Commercial / Non-Residential / Multifamily – Type II $500 1617. SITE DEVELOPMENT PERMIT $500 (Fee waived if concurrent with Site Plan Review) COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. _______ RATE 1718. MULTIFAMILY TAX EXEMPTION Application $1500 1819. DESIGN REVIEW BOARD Conceptual Design Conference $500 Design Response Conference $500 1920. MISCELLANEOUS FEES Hourly Rate $56.00 Stop Work Fee 100 % of permit fee COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. ______ Exhibit A COMMUNITY DEVELOPMENT – RATE TABLE C EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION FEE $1.00 TO $500.00 $26.00 $501.00 TO $2,000.00 $26.00 for the first $500.00 plus $3.00 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $40,000 $69.00 for the first $2,000.00 plus $11.00for each additional $1,000.00, or fraction thereof, to and including $40,000 $40,001.00 to $100,000.00 $487.00 for the first $40,000; plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,027.00 for the first $100,00.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,827.00 for the first $500,000.00 plus $5.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 to 5,000,000.00 $6,327.00 for the first $1,000,000.00 plus $3.00 for each additional $1,000.00, or fraction thereof, to include $5,000,000.00 $5,000,001.00 and over $18,327.00 for the first $5,000,000.00; plus $1.00 for each additional $1,000.00 or fraction thereof Other Inspections and fees: 1. Inspections outside of normal business hours ....................................................................... $56.00 per hour1 (minimum charge – two hours) 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): ....................................................................................................... $56.00 per hour1 3. Inspections for which no fee is specifically indicated .......................................................... $56.00 per hour1 (minimum charge – one-half hour) 4. Additional plan review required by changes, additions or revisions to plans .................................................................................................................................. $56.00 per hour1 (minimum charge – one-half hour) 5. For use of outside consultants for plan checking and inspections, or both ........................... Actual Costs2 6. Manufactured Home Setup Fee ............................................................................................ Bid Price valuation used in Exhibit 1 7. Moved Building Permit Fee (not including other required permits) ................................................................................................................................. $100.00 8. Demolition permit Fee: 3 cents per square foot, with a minimum charge of .............................................................................................................................. $56.00 9. Energy Code Plan Review Surcharge for New Single Family Residences .......................... $50.00 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equi pment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. ______ EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters Fee 1. For the issuance of each mechanical permit $23.50 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $7.25 Unit Fee Schedule (Note: The following do not include permit-issuing fee) 1. Furnaces For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 kW) $14.80 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW) $18.20 For the installation or relocation of each floor furnace, including vent $14.80 For the installation or relocation of each suspended heater, recessed wall heater or floor- mounted unit heater $14.80 2. Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $7.25 3. Repairs or Additions For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code $13.70 4. Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW) $14.70 For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW) $27.15 For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) $37.20 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) $55.45 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW) $92.65 5. Air Handlers For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory- assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code $10.65 For each air-handling unit over 10,000 cfm (4719 :s) $18.10 6. Evaporative Coolers For each evaporative cooler other than portable type $10.65 7. Ventilation and Exhaust For each ventilation fan connected to a single duct $7.25 For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit $10.65 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood $10.65 COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. ______ 8. Incinerators For the installation or relocation of each domestic-type incinerator $18.20 For the installation or relocation of each commercial or industrial-type incinerator $14.50 9. Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table $10.65 For each gas piping system of 1 – 5 outlets $6.25 For each additional gas piping system outlet, per outlet $1.25 Other Inspections and Fees Inspections outside of normal business hours, per hour (minimum charge – two hours $49.501 Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): $49.501 Inspections for which no fee is specifically indicated, per hour (minimum charge – one-half hour) $49.501 Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge – one-half hour) $49.501 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. ______ EXHIBIT 3 PLUMBING PERMIT FEES Permit Issuance 1. For issuing each permit $20.00 2. For issuing each supplemental permit $10.00 Unit Fee Schedule (in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore) $7.00 2. For each building sewer and each trailer park sewer $15.00 3. Rainwater systems – per drain (inside building) $7.00 4. For each cesspool (where permitted) $25.00 5. For each private sewage disposal system $40.00 6. For each water heater and/or vent $7.00 7. For each gas piping system of one to five outlets $5.00 8. For each additional gas piping system outlet, per outlet $1.00 9. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $7.00 10. For each installation, alteration or repair of water piping and/or water treating equipment, each $7.00 11. For each repair or alteration of drainage or vent piping, each fixture $7.00 12. For each lawn sprinkler system on any one meter including backflow protection devices therefore $7.00 13. For atmospheric-type vacuum breakers not included in item 12: 1 to 5 $5.00 Over 5, each $1.00 14. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller $7.00 Over 2 inch (51 mm) diameter $15.00 15. For each graywater system $40.00 16. For initial installation and testing for a reclaimed water system $30.001 17. For each annual cross-connection testing of a reclaimed water system (excluding initial test ) $30.001 18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $50.00 19. For each additional medical gas inlet(s)/outlet(s) $5.00 Other Inspections and Fees 1. Inspections outside of normal business hours $30.001 2. Re-inspection fee $30.00 3. Inspections for which no fee is specifically indicated $30.001 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) $30.001 1Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employee s involved. COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed are "Not To Exceed" Fees Resolution No. ______ EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less No fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $23.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $49.25 10,001 100,000 cubic yards (7646.3 m3 to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m3) $269.75 for the first 100,000 cubic yards (76,455 m3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 200,001 cubic yards (152,912 m3) or more $402.25 for the first 200,000 cubic yards (152,911 m3), plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) $50.50 per hour1 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. GRADING PERMIT FEES1 50 cubic yards (38.2 m3) or less $23.50 51 to 100 cubic yards (40 m3 to 76.5 m3) $37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 for the first 100 cubic yards (76.5 m3) plus $17.50 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $194.50 for the first 1,000 cubic yards (764.6 m3), plus $14.50 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $325.00 for the first 10,000 cubic yards (7645.5 m3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 cubic yards (76,456 m3) or more $919.00 for the first 100,000 cubic yards (76,455 m3), plus $36.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge – two hours) $50.50 per hour2 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): $49.50 per hour2 3. Inspections for which no fee is specifically indicated (minimum charge – one- half hour) $50.50 per hour2 1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.